The URL can be used to link to this page

2012 09 25 PCo�o City of La Quinta Planning Commission Agendas are now available on the City's Web Page a @ www.la-guinta.org �MOF f�9 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 25, 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 2012-019 Beginning Minute Motion 2012-006 CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR Approval of the Minutes of the Regular Meeting of September 11, 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 ................... DEVELOPMENT AGREEMENT 2003-006 AMENDMENT 3, ENVIRONMENTAL ASSESSMENT 2011-617, GENERAL PLAN AMENDMENT 2011-123, ZONE CHANGE 2011- 140, SPECIFIC PLAN 2001-055 AMENDMENT 3, TENTATIVE PARCEL MAP 36405, SITE DEVELOPMENT PERMIT 2011-921 Applicant........... Lenity Group, LLC Location............ Seeley Drive, East of Washington Street, South of Miles Avenue, Within Centre Pointe Request ............. Consideration of Development Plans for the La Quints Retirement Community . Action ................. Staff Recommendation for Adoption of Resolution Recommending Approval - DA 2003-006 Amendment 3 - Resolution 2012- EA 2011-617 - Resolution 2012- GPA 2011-123 - Resolution 2012- , ZC 2011- _, 140 - Resolution 2012- SP 2001-055 Amendment 3 - Resolution 2012- TPM 36405 - Resolution 2012- , and SDP 2011-921 - Resolution 2012- VI. BUSINESS ITEMS: A. Item ................... NOTICE OF PUBLIC NUISANCE CASE NO. 12-4196 Applicant........... Scott Holmes, President of 92253 Development Company, LLC Location............ Parcel 779-152-012, Property at 78-030 Calle Cadiz Request ............. Consideration of Appeal of Public Nuisance Determination Regarding the Maintenance of 78-030 Calle Cadiz Action ................. Staff Recommendation for Adoption of Minute Motion to Uphold the Public Nuisance Determination - Minute Motion 2012- VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Report on City Council meeting of September 18, 2012. B. Chairwoman Barrows is scheduled to attend the October 2, 2012, City Council meeting. IX. DIRECTOR ITEMS: X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on October 9, 2012, at 7:00 p.m. DECLARATION OF POSTING I, Carolyn Walker, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, September 25, 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 20, 2012. DATED: September 20, 2012 / "duc-" CAROLYN WALKER, Executive Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 11, 2012 I. CALL TO ORDER A. A regular meeting of the La Quinta order at 7:02 p.m. by Chairwoman E PRESENT: Commissioners Chairwoman N ABSENT: None. STAFF PRESENT: II. PUBLIC IV. WMISENT U V. PUBLIC 7:02 p.m. Commission was called to Wilkinson, Wright and Johnson, City Attorney Kathy ;near Ed Wimmer Planning Principal Planner Andrew a anner Eric Ceja and :aroNh Walker. no co nts, uggestions, it was moved by Commissioners k! i pprove the minutes of July 24, 2012, as submitted. A. General Plan Amendment 2010-121, and Environmental Assessment 2012-622: a request by the City of La Quinta to consider 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 for use City-wide. Planning Commission Minutes September 11, 2012 Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. He then introduced Nicole Criste of Terra Nova Planning and Research, the lead consultant on the project who provided further information on the Circulation Element. Chairwoman Barrows asked if there were any questions of staff. Commissioner Wilkinson commented on: • Population calculations • The minimum of one acre lots for low density and equestrian areas • Traffic circles, their costs, fuel efficiency and safety Principal Engineer Wimmer expanded upon the value of roundabouts and if they could not be utilized in a certain location then a traffic signal would be considered. General discussion followed regarding lifestyle and healthy living comments. Commissioner Alderson commented on: • The safety element of roundabouts • The location of the roundabouts currently constructed Commissioner Wright commented on: • Mixed use as a large part of the plan and its effects on the City • Roundabouts being a good idea but should probably be looked at individually Commissioner Weber commented on: • How the traffic element addresses the southern La Quinta areas • A more detailed explanation of the Harrison Street eight -lane versus four -lane debate • La Quinta's interaction with neighboring communities on the traffic element -2- Planning Commission Minutes September 11, 2012 • Potential impact of various streets; i.e., Madison Street, Avenue 60 and Avenue 62 • Potential impact of the traffic element on the Travertine Specific Plan • Letter from the Ague Caliente Band Ms. Criste explained the process for the traffic modeling as well as responding to Commissioner Weber's comments. She also pointed out there was one correction for a model in the EIR that was not accurately reflected in the exhibit; regarding Harrison Street currently being proposed by the County as an eight -lane roadway to handle East Valley traffic. She went into detail on the City of Coachella's General Plan and the letter from Endo Engineering. General discussion followed regarding: • Traffic volume and projections reflective of the land use designations • Madison street model peak hour trip volume • Avenues 60, 62 and Jefferson Street future traffic projection Chairwoman Barrows commented on: • The clarification of whether the air quality was mitigatable and SCAQMD's comment on mitigation of air quality • Stating that City is doing everything possible to reduce impacts on air quality • AQMD proposed air quality measures and the City's efforts to address them Ms. Criste explained the types of air quality analysis and why each was utilized, as well as conclusions in the staff report and EIR. She further discussed future emission reductions and directed the Commissioners to the Greenhouse Gas Reduction Plan. General discussion followed on: • Mitigation of potential impacts and proposed development • Improvements in technology and reduction of emissions • The Greenhouse Gas Reduction Plan 3- Planning Commission Minutes September 11, 2012 There being no applicant, as this is a City project, Chairwoman Barrows asked if there was any public comment. Mr. Ulrich Sauerbrey, 74-948 Live Oak, Indian Wells, representing Travertine Corporation, introduced himself and read a statement which covered: • Background on his work with the Travertine project • The submittal of a revised specific plan for the project • The engineering challenges and analysis of the infrastructure to serve that area • Two roads, on the former Specific Plan, versus three on the General Plan • The applicant's views on access and circulation being shared with staff and the suggestion of waiting for submittal of their specific plan to address these issues • Advising the Commission that Travertine is actively studying these matters and are engaged with the City, Riverside Fire and other agency staff to evaluate and resolve the challenges of their property. General comments, from Mr. Sauerbrey, included: • The two streets previously mentioned; including the Jefferson to Avenue 62 connection • General description of the previous specific plan • Current status of the project • Hydrology challenges • Ingress/Egress • Submittal of written comments to staff • Reference to an e-mail and response noting a policy, identified in the Circulation Element, allowing for some modifications to be considered by the Public Works Director • Staff's participation in the background and review of this project • Requirements for future changes in the General Plan documents City Attorney Jenson made a point of clarification on comments made, at this meeting, by Mr. Sauerbrey and the public. She stated they would not be included in the Final EIR as the comment period had already closed. The comments could be responded to in staff reports. -4- Planning Commission Minutes September 11, 2012 Mrs. Neeta Quinn — 78-440 Via Sevilla, introduced herself and referred to her letter (in the Commission packet) and asked if the Commissioners had received a copy of her response. Planning Director Johnson stated there were two letters received from residents to which staff responded and were distributed electronically, several hours before the meeting. He then distributed copies of Mrs. Quinn's response to the Commissioners. Mrs. Quinn said she received the response at 5:06 p.m. and did not have adequate time to research and prepare a thorough response. She then commented on her concerns of some of the items in the e-mail: • Opposition to the General Plan and concern with the Sustainable Community section • She read the statement that "the Sustainable Community Element is not a State -mandated element, but is an element that La Quinta believes is important"_ • She stated she was concerned with its inclusion and reference to the United Nations Agenda 21 and the definition of sustainability from their report of the World Commission on Environment and Development • She asked whose decision was it to have this become a part of the General Plan as the sustainable community element was part of Agenda 21. She read several statements from the United Nations Agenda 21 document • She commented on who had adopted Agenda 21 • She read portions of the United Nations Biodiversity Assessment Report and referenced comments on Page 143 of the Sustainability Community Element • She requested the decision be tabled to allow time for the City to learn about the history of sustainability, where it came from and its association to the United Nations Agenda 21 • She pointed out that Temecula and Rancho Cucamonga had opted out • She was concerned about government intrusion • She noted there was a flyer included in her letter and she would be distributing it throughout the community • She said she would be addressing the Concerned Citizens of La Quinta meeting on September 17, 2012 and the City Council on September 18, 2012. -5- Planning Commission Minutes September 11, 2012 Commissioner Barrows thanked Mrs. Quinn for her comments and said she had never heard of Agenda 21. However, she said what the City was trying to do was make this a more livable community, as well as manage our resources in an intelligent, efficient and cost-effective and economically viable way. She added that approach made sense for the community and had nothing to do with what the United Nations was doing. It was to make La Quinta a better community. There being no further public comment, Chairwoman Barrows closed the public hearing portion of the meeting and opened the matter for Commission discussion. General discussion followed on: • Concerns of the Planning Commission and Council having to follow government regulations in California • Having a plan for the future • Planning for the basic needs for the community • Education of the public and participation in the updating of the General Plan. • Equestrian areas • Air quality There being no further questions or discussion, it was moved and seconded by Commissioners Alderson/Wilkinson to adopt Resolution 2012-015 recommending approval of General Plan Amendment 2010- 121, and Environmental Assessment 2012-622 as submitted. Unanimously approved. B. Village Use Permit 2012-046: a request by Michel Despras — Lavender Bistro — for consideration of a Village Use Permit for the expansion of an existing storage building at Lavender Bistro, located at 78-073 Calle Barcelona. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairwoman Barrows asked if there were any questions of staff. 6- Planning Commission Minutes September 11, 2012 Commissioner Alderson commented on: • Any concerns from neighbors. • Addition possibly effecting parking Staff responded there were no responses from the neighbors and the addition had no effect on the parking requirements. There being no further questions of staff, Chairwoman Barrows asked if there were any questions of the applicant. Mr. Michel Despras, 78-073 Calle Barcelona, introduced himself and said most of the addition was for storage and should have no impact on parking. He then explained why the addition was needed. General discussion followed on: • Landscaping update and additions • The roofline and transition • Compatibility to the current building Chairwoman Barrows asked the applicant if he was satisfied with the Conditions of Approval. Mr. Despras said he was. There being no further questions of the applicant, Chairwoman Barrows asked if there was any public comment. There being none, Chairwoman Barrows closed the public hearing portion of the meeting and opened the matter for Commission discussion. There being no further questions or discussion, it was moved and seconded by Commissioners Weber/Wright to adopt Resolution 2012- 016 recommending approval of Village Use Permit 2012-046 as submitted. Unanimously approved. C. Conditional Use Permit 2012-144: a request by LMLQ Properties, LLC for consideration of an Amendment to a Conditional Use Permit to expand restaurant operations and additional seating at the restaurant -7- Planning Commission Minutes September 11, 2012 located at 47-474 Caleo Bay Drive - northeast corner of Washington Street and Lake La Quinta Drive. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairwoman Barrows asked if there were any questions of staff. Commissioner Weber commented on: • Hours of operation and evening restrictions • The parking agreement • Outdoor dining Commissioner Wilkinson commented on: • Distance to the nearest residents. Commissioner Alderson commented on: • Location of additional parking • Pedestrian crosswalks and the possible risk of crossing at night • Any comments from the neighbors Staff responded there were no comments from the neighboring residents. There being no further questions of staff, Chairwoman Barrows asked if there were any questions of the applicant. Mr. Lee Morcus, owner, 47-474 Washington Street, introduced himself, expressed his pleasure in working with City staff, and commented on the improvement of the building. He explained the type of restaurant this was intended to be; primarily dinner but he would like the flexibility of serving lunch if the market demanded it. He explained the Parking Agreement and stated it was planned to be for staff first and valet second; with female staff being escorted at night. He preferred the guests to be parking closest to the restaurant and not across the street. s Planning Commission Minutes September 11, 2012 General discussion followed on: • The use of the outdoor patio • The restaurant name • Landscaping improvements • Exterior improvements Commissioner Wright reiterated the concerns about the safety of crossing to the additional parking. Planning Director Johnson responded by explaining the low volume of traffic and the criteria for establishment of crosswalks. Mr. Morcus stated they were considering constructing a small walkway that extended from their parking lot down towards a handicap ramp; which was proposed to go right on to Lake La Quinta Drive (in 2002). They plan to put a small walkway from that ramp to the La Quinta Medical Center property. He will then ask his employees to use the walkway to free up the nearby restaurant parking area. Staff responded they had not seen a plan for the walkway, but the applicant could certainly address this with the Public Works staff. There being no further questions of the applicant, Chairwoman Barrows asked if there was any public comment. There being no public comment, Chairwoman Barrows closed the public hearing portion of the meeting and opened the matter for Commission discussion. There being no further questions or discussion, it was moved and seconded by Commissioners Wilkinson/Weber to adopt Resolution 2012-017 recommending approval of Conditional Use Permit 2012- 144 as submitted with the recommendation that the applicant work with staff to address any issues on a mid -block crossing to the adjacent parking area. Unanimously approved. D. Conditional Use Permit 2012-142: a request by Crown Castle — Susan Makinson - for 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. -9- Planning Commission Minutes September 11, 2012 Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairwoman Barrows asked if there were any questions of staff. Commissioner Weber asked about the prioritization for co -location on existing poles. Staff explained about the telecommunications ordinance update and how it affected this application. There being no further questions of staff, Chairwoman Barrows asked if there were any questions of the applicant. Susan Makinson, representative of Crown Castle, 5350 N. 48"' Street, Ste. 308, Chandler, AZ 85226 introduced herself and said staff originally directed them to look for existing verticality and in this location they found several options which were presented in the report. She then offered to answer any questions. General discussion followed on: • Replacement of the current street light and light levels. • Replacement of the street light pole. Commissioner Barrows asked the applicant if they had any problems with the Conditions of Approval and the applicant responded they did not. There being no further questions of the applicant, Chairwoman Barrows asked if there was any public comment. Shaine Rider - 52205 Desert Spoon Court, in Codorniz - had a question as to why they picked the developed corner as it would have been better, from an aesthetic point of view, to choose an undeveloped corner. Chairwoman Barrows asked for verification of public notification of the meeting and staff responded it had been done and they had received a number of counter visits and phone calls on this site; primarily from Codorniz property owners. 10- Planning Commission Minutes September 11, 2012 Ms. Makinson then expanded on the location, and the cost of locating on that particular site. She explained there were existing underground facilities, and available verticality to utilize on that corner. There being no further public comment, Chairwoman Barrows closed the public hearing portion of the meeting and opened the matter for Commission discussion. There being no further questions or discussion, it was moved and seconded by Commissioners Alderson/Wilkinson to adopt Resolution 2012-018 recommending approval of Conditional Use Permit 2012- 142 as submitted. Unanimously approved. E. Conditional Use Permit 2012-143: a request by Crown Castle — Susan Makinson - for 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. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. He noted there was a correction of the pole location which was on the west side of Heatherglen; not the east side. Chairwoman Barrows asked if there were any questions of staff. Commissioners Wright and Wilkinson commented on: • Comments from neighbors in Painted Cove and the Estancias. • Aesthetic impacts of pole location. General discussion followed on: • Improving the appearance of this cell tower. • Verticality on Avenue 50 and the inability to locate on IID equipment. • Camouflaging by landscaping. • Reduction of the pole height. • Search for alternate sites. There being no further questions of staff, Chairwoman Barrows asked if there were any questions of the applicant. mom Planning Commission Minutes September 11, 2012 Susan Makinson, representative of Crown Castle, 5350 N. 48`" Street, Ste. 308, Chandler, AZ 85226 introduced herself and commented on the difficulties with this site. She then explained what was necessary in locating a specific site. She said the anchor tenant was Metro PCS and they were proposing a multi -tenant network, on one pole, for many providers. She said they did consider a flag pole or alternate. sites but were restricted to a specific area. She then explained some of the alternate sites and the problems with each. General discussion followed on: • The 22-foot height limitation • Remaining in the right-of-way • Future applications • Equipment cannot be placed on street lights or signals due to risk and liability. • Preferred sites. Ms. Makinson explained they recently did a small attachment which would fit on the top of the traffic pole that might work. Planning Director Johnson suggested the Commission might consider continuing the matter to allow staff to work further with the applicant. He suggested they keep this option in mind after they complete their discussion. There being no further questions of the applicant, Chairwoman Barrows asked if there was any public comment. Ms. Grace Palock - on behalf of the Estancias - 50-001 Orchard Lane read comments submitted by their Homeowners Association Board. She pointed out the notice showed the map in the wrong location and asked why it could not be placed in another location as this site was directly behind their homeowners. Their recommendation was the Commission request additional sites be looked at and suggested the Boys and Girls Club, Jefferson Street, or Avenue 50 where there were street lights. The current site would negatively impact their development. Mr. John Mercer - 79-360 Briarwood said he listened to the applicant talk about what they could do at the roundabout at Avenue 52 and it seemed there were better locations to put this cell tower. He -12- Planning Commission Minutes September 11, 2012 suggested the lights at the Boys and Girls Club and suggested there were plenty of places with light poles, such as baseball fields, and soccer fields available nearby which could be utilized; especially with today's technology. He said it did not seem that one cell phone company should have priority versus multiple people who are homeowners since there were better alternatives. Dan Schweizer, Government Relations Counsel for Crown Castle, 2125 Wright Avenue, Suite C-9, LaVerne CA 91750 said he wanted to make sure the Commission understood how the DAS system worked; which he then explained. He clarified why this cell tower could not be put on private property. General discussion followed on: • The feasibility of locating the pole on private property • Crown Castle is considered an infrastructure and they have the right to be in the right-of-way • The unit is designed to work with a network • Frequencies Chairwoman Barrows left the public hearing portion of the meeting open to allow the matter to be continued. After further discussion, it was moved and seconded by Commissioners Alderson/Wright to continue the Conditional Use Permit 2012-12 to the October 9, 2012 meeting to allow time for the applicant to work with staff on alternate locations, construction and installation. Unanimously approved. VI. BUSINESS ITEMS A. None VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. None. Vill. COMMISSIONER ITEMS: A. Report on the City Council Meeting of August 7, 2012. 13- Planning Commission Minutes September 11, 2012 B. Commissioner Alderson is scheduled to report back on the September 18, 2012, City Council meeting. C. Follow-up regarding Conditional Use Permit 2003-075, Amendment 2, Milan Institute Expansion. IX: DIRECTOR ITEMS: A. APA Planning Conference in October. X. ADJOURNMENT: There being no further business, it was moved by Commissioners Alderson/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on September 25, 2012. This regular meeting was adjourned at 10:09 p.m. on September 11, 2012. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California -14- PLANNING COMMISSION B1 # A _ STAFF REPORT DATE: SEPTEMBER 25, 2012 CASE NUMBER: NOTICE OF PUBLIC NUISANCE CASE NO. 12-4196 APPELLANT: SCOTT HOLMES, PRESIDENT OF 92253 DEVELOPMENT COMPANY, LLC. REQUEST: APPEAL OF PUBLIC NUISANCE DETERMINATION REGARDING THE MAINTENANCE OF 78030 CALLE CADIZ, LA QUINTA, CA. LOCATION: PARCEL 779-152-012, PROPERTY AT 78030 CALLE CADIZ, LA QUINTA, CA. 92253 (ATTACHMENT 1) PROPERTY OWNER: 92253 DEVELOPMENT COMPANY, LLC. RECOMMENDED ACTION: Uphold the determination that a Public Nuisance exists at the aforementioned parcel/address with reference to Case No. 12-4196. EXECUTIVE SUMMARY: On August 23, 2012, an inspection was conducted by City staff. These violations were observed at 78030 Calle. Cadiz: The property is vacant, the landscaping is deteriorating and the vegetation is dying creating a fire hazard and unsightly condition. Additionally, the security bars are in violation of the California Building Code as they are key -operated rather than having a quick release mechanism. A Notice of Public Nuisance was mailed the same day advising the recorded owner of the violations, corrections required and time to appeal. Rather than cleaning up the property and removing the substandard security bars, he has chosen to appeal the Notice. BACKGROUND/ANALYSIS: In accordance with Section 11.72.050 (F) of the La Quinta Municipal Code, the Planning Commission is identified as the appeal body regarding a Notice of Public Nuisance and is charged with the responsibility of determining whether the public nuisance exists. The code provision does not authorize the Planning Commission to allow any relief from the code requirements. The Planning Commission's only authority is to determine if there is or is not a violation of the code based upon the facts presented in this report and at the public hearing. On August 1, 2012, City staff during routine patrol of the area observed the exterior landscape at 78030 Calle Cadiz (to be referred to in future as "the property") was not maintained and gave the appearance of being abandoned. An inspection at the property revealed that the property is vacant, with numerous violations of La Quinta Municipal Code and the California Building Code. (Attachment 1). Photographs were taken (Attachments ). On August 2, 2012, a Notice of Violation with pictures of the violations was prepared and mailed via first class mail to the recorded owner of the property. A copy of the notice with pictures was emailed to the real estate agent. (Attachments) On August 23, 2012, City staff conducted a reinspection at the property which revealed no change in the condition of the violations. A Notice of Public Nuisance was prepared and mailed regular and certified to the recorded owner of the property. (Attachment) On August 27,-2012, City staff posted a copy of the Notice of Public Nuisance at the property. On September 5, 2012, City staff received a letter from Scott Holmes requesting a hearing with the City Planning Commission. (Attachment) On September 10, 2012, Scott Holmes submitted an Application for Appeal of Findings and/or Conditions to appeal Public Nuisance Case no. 12-4196 to the Planning Department. The application was received and a $175.00 fee was accepted (Attachment). The violation of Municipal Code is specific to Section 9.60.240(E)(3) which states all landscaping shall be maintained in a neat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and regular watering. Permanent automatic irrigation facilities shall be provided for all landscaped areas. The residential property is littered with piles of accumulated leaves, debris, fallen palms stocks, fronds, and tree branches. There are dead or dying trees and shrubs and there are palm trees with overgrown skirts likely to harbor vermin and create a fire hazard. This condition poses a hazard not only to the Holmes property, but also to the adjacent properties and its occupants. (Attachment ). The violation of Municipal Code is specific to Section 11.72.030(A) which states buildings or structures which are abandoned, partially destroyed or in a state of P] partial construction. The photographs depict the lack of property maintenance along with the existing condition of the landscape, and the vacant property all of which are visible from the right-of-way. Mr. Scott Holmes, an absentee property owner and the real estate agent have yet to demonstrate any efforts to correct the violations and are allowing the property to deteriorate. (Attachment ). The violation of the 2007 California Building Code is specific to Section 1026.4 Emergency Escape and Rescue/Operational constraints which states emergency escape and rescue openings and any exit doors shall be maintained free of any obstructions other than those allowed by this section and shall be operational from the inside of the room. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the inside without the use of a key, tool, special knowledge or effort or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates or .similar devices are installed, smoke alarms shall be installed in accordance with Section 907.2.10 regardless of the valuation of the alteration. The release mechanism shall be maintained operable at all times. The photographs show security bars over the sliding glass doors to the bedrooms and the living room which have no quick release mechanism. The only means of emergency escape is with the use of a key which is in violation of the California Building Code. The use of a key release on security bars increase the occupant's time necessary to safely escape via windows and sliding glass doors during a fire or other emergency because the occupant has to find the key. (Attachment ). ALTERNATIVES Cite evidence in the record and determine that conditions on the site on the date of the violation notice was not a public nuisance. icer II Submitted b O DAVID SAW R, Planning ronager 97 Attachments: 1. Site/Parcel Map 2. Photographs depicting violations 3. August 2, 2012 Notice of Violation/Case 12-4196 4. August 23, 2012 Notice of Public Nuisance 12-4196 5. Mr. Scott Holmes appeal letter received September 5, 2012 6. Application for Appeal of Findings and/or Conditions received September 10, 2012 7. Photographs depicting violations a pane-1 of 1 ATTACHMENT # 1 133 ft CRYGIS Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. http://maps.digitalmapcentral.com/production/citygis/v07_O3_001/index.p7.aspx 9/14/2012 Property Information Center Page 1 of 1 a 0 http://pic.asrclkrec.com/Kview_ParcelMaps.aspx?ParcelNumber=770152012-9 9/14/2012 Property Detail Report Page 1 of 1 4s- #• '44 • 78030 CALLE CADIZ, LA QUINTA CA, 92253-2921 Owner Information: Owner Name: 92253 DEV CO Mailing Address: PO BOX 141, SAINT MARKS, FL, 32355.0141 Vesting Code: COMPANY/CORPORATiOWINCORPORATED Location Information: Legal Description: LOT 2 BILK 7 MB 019/075 DESERT CLUB TR UNIT 1 County: RIVERSIDE FIPS Code: 06065 APN: 770152012 Alternative APN: 770152012 Twnshp-Rnge-Sect: - - Legal Book/Page: 770.15 / Legal Lot: 2 Legal Block: 7 Subdivison: DESERT CLUB TR UNIT 01 Last Market Sale Information: DIGITAL MAP mu:a :ors Phone Number: Census Trct/BIk: Map Ref: Tract No: Sale Date: 03/0912006 Sale Price: 1st Mtg Amount: Sale Doc No: 0000171094 Price Per SgFt: 1st Mtg Int Type: Transfer Doc No: Price Per Acre: 2nd Mtg Amount: Multi/Split Sale: 16t Mtg Doc No: 2nd Mtg Int Type: Sale Type: FULL CONSIDERATION Deed Type: Title Company: ORANGE COAST TITLE Lender: Seller Name: TINA L CUNARD TRUSTEE ...._..,.... �.,.__, ._...................... Property Characteristics: ........_,....,._....,......,_._..._._..,...,.._ ........ _..._. Building Area: 1,702 Total Rooms: Construction: Living Area: 1,702 Bedrooms 3 Heat Type: Garage Area: 480 Baths: 2.0 Air Cond: Basement Area: Fireplace: Roof Type: Parking Type: GA1 No of Stories: 1 Roof Material: Yr Built/Effective: 1980 / Quality: Style: Pool Code: YES Tax and Value Information: 0461112 / 2 F7-849 CENTRAL CENTRAL TILE Assessed Value: $247,801 Assessed Year: 2011 Est Market Val: Land Value: $61,947 Property Tax: $3,156 Assessor Appd Val: Improvement Value: $185,854 Improvement %: - Total Taxable Value: $247,801 Tax Exemption: Site Information: Assessor Acres: 0.28 Assessor Lot SgFt: 12,197 Assessor LotW/D: / Calculated Acres: 0.2863 Calculated Lot SgFt: Zoning: No of Buildings: Res/Comm Units: Sewer Type: Water Type: R1 Land Use: Land Use Desc: County Use Code: 100 RESIDENTIAL (NEC) CR 7 http://maps.digitalmapcentral.com/production/citygis/v07_03_001/index.p7.aspx 9/14/2012 Property Information Center Page 1 of 1 Friday, September 14, 2012 2:30:27 PM Home Search Again Property Information Center Property Information for the 2012-2013 tax year as of January 1, 2012 Property Information Parcel Number: 770152012-9 Property Address: 78030 CALLS CADIZ LA QUINTA CA 92253 Legal Description: Lot 2 MB 019)075 DESERT CLUB TR UNIT 1 Property Type: N/A Assessment Description: N/A Year Built 1980 '.. Square Feet: 1702 Bedroom: 3 Bath: 1.75 Pool: Y Lot Size: N/A Sales Information Last Recorded Document:03/2006 Recording Number: 0171094 Related Property Information City Sphere: LA QUINTA Supervisoriai District: John J. Benoit Landuse Designation: CITY Agriculture Preserve: NOT IN AN AGRICULTURE PRESERVE School District: DESERT SANDS UNIFIED '.. Water District. CVWD Fema Flood Plan: FLOOD ZONE X PROTECTED BY For more information please visit the following links County of Riverside Assessor - County Clerk - Recorder Change of Address Clerk of the Board Assessed Value Information Land 63,185 Structure 189,571 Full Value 252,756 Total Net 252756 Assessment Information Assessment Number: 770152012-9 Tax Rate Area: 020-016 Taxability Code: 0-00 Base Year: 2001 Parcel Map View Parcel Map Tax Assessment District CITRUS PEST CONTROL 2 CITY OF LA QUINTA CITY OF LA QUINTA RDV COACHELLA VAL JT SLO HIGH COACHELLA VALLEY PUBLIC CEMETERY COACHELLA VALLEY RED AND PARK COACHELLA VALLEY RESOURCE CONSEI COACHELLA VALLEY WATER DISTRICT COUNTY FREE LIBRARY COUNTY STRUCTURE FIRE PROTECTION CSA 152 CV MOSQ & VECTOR CONTROL CVWD IMP DIST 1 DEBT SV CVWD STORM WTR UNIT DESERT COMMUNITY COLLEGE DESERT SANDS UNIFIED SCHOOL GENERAL GENERAL PURPOSE RIV. CO. OFFICE OF EDUCATION Pay your Taxes Online Riverside County Board of Supervisors 0 Copylgll 20M,2011 Ma a county NT NjhtS reserves. http://pic.asrclkrec.com/KSearchDetails.aspx?Assessment=770152012 9/14/2012 ATTACHMENT # 3 im, P.O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92247-1504 NOTICE OF VIOLATION August 02, 2012 92253 DEVELOPMENT CO., LLC APN: PA.BOX 141 CASE #: SAINT MARKS, FL 32355 OFFICER: RE: 78030 CALLE CADIZ RESIDENTITENANT. Vacant Building COMMUNITY SAFETY DIVISION (760) 777-7050 FAX (760) 777-7011 779-152-012 12-00004196 Jackie Misuraca This notice is hereby submitted to you as owner(s) of the above referenced property. A recent inspection by a representative of the City of La Quints Code Compliance Staff revealed conditions in violation of the La Quints Municipal Code on August 01, 2012. They are as follows: Violation Description LQMC 9.60.240 (E-3) Landscape Standards All landscaping shall be maintainedin a neat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and regular watering. Permanent automatic irrigation facilities shall be provided for all landscaped areas. Violation Corrective Action Maintain landscaping in accordance with Landscape Standards Code including some type of ground cover over native soil. Violation Description PUBLIC NUISANCE DECLARED: '11.72.030 (N): Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties. Violation Connective Action Maintain the property consistent with the maintenance standards of adjacent -properties. This includes the front CE NI 14 yard area and the exterior side yard(s). Violation Description UFC 505.1 New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. The numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7). Violation Corrective Action Add or replace approved address numbers or approved building identification placed in a position that is Plainly legible and visible from the street or road fronting the property. The numbers shall contrast with their background Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (A) Buildings or structures which are abandoned, partially destroyed or in a state of partial construction. Violation Corrective Action Obtain all required permits, inspections and approvals from the Building and Safety Department. You must complete all the necessary repairs, constructions or demolitions. Contact the Building & Safety Department for information on obtaining permits at (760) 777-7012. Violation Description CBC 1026.4 Access and Means of Egress Bats, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the inside without the use of a key, tool, special knowledge or effort or force greater than that which is required for normal operation of the escape and .rescue opening. Violation Corrective Action Provide means of emergency escape from bedroom(s). The escape opening shall have a minimum net clear opening of 5.7 square feet. The minimum net clear opening height shall be 24 inches. The minimum net clear opening width shall be 20 inches. All escape windows shall have a finished sill height not more than 44 inches above the finished floor. Submit an application and plans to the City Building Department for review and approval. CE_Nl 15 You ate requested to complete the Corrective Action(s) for the violation(s) listed above within TEN (10) DAYS from the date of this notice. Your property will be re -inspected to verify compliance after the ten (10) day time frame has lapsed. If you need additional time to correct the violation(s) please contact the undersigned to discuss an extension. Failure to correct the above listed violation(s) within the time frame indicated will result in further action by the City. If the aforementioned property is a rental property; pursuant to Revenue and Taxation Code section 17274 and 24436.5, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid on the subject property in the current taxable year if your property remains in violation of the La Quints Municipal Code. If you have any questions regarding this matter, please contact Jackie Misuraca at (760) 777- 7021. Please provide the case number, 12-00004196, and property address. Your efforts to maintain the safety and appearance of our city is greatly appreciated. You may contact me at the aforementioned phone number if you require assistance. Sincerely, t:oae t;ompliance Officer CC: Viviana Sormani Caldwell Banker 72605 Hwy 111 Palm Desert, CA 62260 Email: vivis@edrthlink.net CE_NI 16 ATTACHMENT # 4 P.O. SOX 1504 COMMUNITY SAPETY DIVISION 78-495 CALLE TAMPICO (760) 777-7050 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7011 NOTICE OF PUBLIC NUISANCE August 23, 2012 92253 DEVELOPMENT CO., LLC P.O:BOX 141 SAINT MARKS, FL 32355 Dear Owner(s): Re: 78030 CALLE CADIZ Parcel # 779-152-012 Case # 12-00004196 Officer: Jackie Misuraca THIS NOTICE is hereby submitted to you as owner(s) of the above referenced property. A recent inspection of your property revealed conditions that constitute a public nuisance in violation of the La Quints Municipal Code. The conditions of the property are in violation of La Quints Municipal Code 11.72.030. Please correct these conditions within thirty (30) days , or be subject to City abatement, under LQMC 11.72.050. CE M 17 NOTICE OF PUBLIC 1rvISANCE Case Number: 12-00004196 Page 2 of 11 Failure to correct the listed violation(s) within the time frame indicated will result in the City initiating abatement proceedings and/or criminal prosecution to correct the violation(s), All contractor abatement costs and a 25 % administrative fee shall be charged to the property owner(s) as a lien upon the property and shall become a personal obligation of the owner(s) of record. By acting immediately to correct the violation(s) referenced, you will avoid these and any future costs. If you object to the determination of cited violation(s), you must file a written protest to the Planning Commission no later than ten (10) days from the date of this notice. The appeal shall be in writing and filed with the City Clerk. If you have any questions, please contact Jackie Misuraca at (760) 777-7021. Please provide the case number 12-00004196 and the property address. Your assistance in supporting the Code Compliance Division to maintain the safety and appearance of our city is greatly appreciated. You may contact me at the above referenced phone number if you require assistance. Compliance Officer CC: All Parties via Certified and First Class Mail 92253 Development Co. LLC Scott Holmes 78030 Calie Cadiz La Quinta, CA. 92253 CE N2 18 NOTICE OF PUBLIC ),, iSANCE Case Number. 12-00004196 Page 3 of 11 PUBLIC NUISANCES Violation Description LQMC 9.60240 (E-3) Landscape Standards All landscaping shall be maintained in a neat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and regular watering. Permanent automatic irrigation facilities shall be provided for all landscaped arras. Violation Corrective Action Maintain landscaping in accordance with Landscape Standards Code including some type of ground cover over native soil. Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (N): Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties. Violation Corrective Action Maintain the property consistent with the maintenance standards of adjacent properties. This includes the front yard area and the exterior side yard(s). Violation Description UFC 505.1 New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. The numbers shall contrast with thew background. Address numbers shall be Arabic numerals or alphabet letters: Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7). Violation Corrective Action Add or replace approved address numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. The numbers shall contrast with their background. Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (A) Buildings or structures which are abandoned, partially destroyed or in a state of partial construction. Violation Corrective Action CE_N2 19 NOTICE OF PUBLIC hviSANCE Case Number. 12-00004196 Page 4 Of 11 Obtain all required permits, inspections and approvals from the Building and Safety Department You must complete all the necessary repairs, constructions or demolitions. Contact the Building & Safety Department for information on obtaining permits at (760) 777-7012. Violation Description CBC 1026A Access and Means of Egress Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the inside without the use of a key, tool, special knowledge or effort or force greater than that which is required for normal operation of the escape and rescue opening. Violation Corrective Action Provide means of emergency escape from bedroom(s). The escape opening shall have a minimum net clear opening of 5.7 square feet The minimum net clear opening height shall be 24 inches. The minimum net clear opening width shall be 20 inches. All escape windows shall have a finished sill height not more than 44 inches above the finished floor. Submit an application and plans to the City Building Department for review and approval. Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (R): Maintenance of grounds, landscape, shrubs, plants or vegetation visible from the public right-of-way which causes a substantial diminution in the enjoyment, use or value of adjacent properties. Violation Corrective Action Grounds shall be routinely maintained in a seat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants, a working irrigation system and ground cover to conform with neighborhood standards. Violation Description PUBLIC NUISANCE DECLARED: l 1.72.030 (178): Allowing the following to exist on Property: i Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard. Violation Corrective Action Remove hazardous trees or other vegetation that creates a health and safety issue, a habitat for rats, vermin, or an unsightly appearance and a fire hazard. CE N2 20 NOTICE OF PUBLIC Nt ISANCE Case Number. 12-00004196 Page 6 of 11 Tar 4 P.O. BOX 1504 COMMUNITY SAFETY DIVISION 78-495 CALLE TAMPICO (760) 777-7050 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7011 NOTICE OF PUBLIC NUISANCE August 23, 2012 92253 DEVELOPMENT CO., LLC 78030 CALLE CADIZ LA QUINTA, CA 92253 Dear Owner(s): Re: 78030 CALLE CADIZ Parcel # 779-152-012 Case #12-00004196 Officer: Jackie Misuraca THIS NOTICE is hereby submitted to you as owner(s) of the above referenced property. A recent inspection of your property revealed conditions that constitute a public nuisance in violation of the La Quinta Municipal Code. The conditions of the property CE N2 - 21 NOTICE OF PUBLIC NUISANCE Case Number: 12-00004196 Page 7 of 11 i are in violation of La Quinta Municipal Code 11.72.030. Please correct these conditions, within thirty (30) days , or be subject to City abatement, under LQMC 11.72.050. CE_N2 22 NOTICE OF PUBLIC NUISANCE Case Number: 12-00004196 Page s of t i Failure to correct the listed violation(s) within the time frame indicated will result in the City initiating abatement proceedings and/or criminal prosecution to correct the violation(s); All contractor abatement costs and a 25 % administrative fee shall be charged to the property owner(s). as a lien upon the property and shall become a personal obligation of the owner(s) of record. By acting immediately to correct the violation(s) referenced, you will avoid these and any future costs. If you object to the determination of cited violation(s), you must file a written protest to the Planning Commission no later than ten (10) days from the date of this notice. The appeal shall be in writing and filed with the City Clerk. If you have any questions, please contact Jackie Misuraca at (760) 777-7021. Please provide the case number 12-00004196 and the property address. Your assistance in supporting the Code Compliance Division to maintain the safety and appearance of our city is greatly appreciated. You may contact me at the above referenced phone number if you require assistance. Sincerely, CC: All Parties via Certified and First Class Mail CE N2 23 NOTICE OF PUBLIC NUISANCE Case Number: 12-00004196 Page 3 of 3 PUBLIC NUISANCES Violation Description LQMC 9.60.240 (E-3) Landscape Standards All landscaping shall be maintained in a neat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and regular watering Permanent automatic irrigation facilities shall be provided for all landscaped areas. Violation Corrective Action Maintain landscaping in accordance with Landscape Standards Code including some type of ground cover over native soil. Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (N): maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties. Violation Corrective Action Maintain the property consistent with the maintenance standards of adjacent properties. This includes the front yard area and the exterior side yard(s). Violation Description UFC 505.1 New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. The numbers shall contrast with thew background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7).. Violation Corrective Action Add or replace approved address numbers or approved building identification placed in a position that is plainly legible and visible from the street or road framing the property. The numbers shall contrast with their background. Violation Description PUBLIC NUISANCE DECLARED: t 1.72.030 (A) Buildings or structures which are abandoned, partially destroyed or in a state of partial construction. Violation Corrective Action CE N2 24 NOTICE OF PUBLIC NUISANCE Case Number: 12-00004196 Page 3 of 3 Obtain all required permits, inspections and approvals from the Building and Safety Department. You must complete all the necessary repairs, constructions or demolitions. Contact the Building & Safety Department for information on obtaining permits at (760) 777.7012. Violation Description CBC 1026A Access and Means of Egress Ban, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the inside without the use of a key, tool, special knowledge or effort or force greater than that which is required for normal operation of the escape and rescue opening. Violation Corrective Action Provide means of emergency escape from bedroom(s). The escape opening shall have a minimum net clear opening of ' 5.7 square feet. The minimum net clear opening height shall be 24 inches. The minimum net clear opening width shall be 20 inches. All escape windows shall have a finished sill height not more than 44 inches above the finished floor. Submit an application and plans to the City Building Department for review and approval. Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (R): Maintenance of grounds, landscape, shrubs, plants or vegetation visible from the public right-of-way which causes a substantial diminution in the enjoyment, use or value of adjacent properties. Violation Corrective Action Grounds shall be routinely maintained in a neat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants, a working irrigation system and ground cover to conform with neighborhood standards. Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (T8): Allowing the following to exist on property: Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard. Violation Corrective Action Remove hazardous trees or other vegetation that creates a health and safety issue, a habitat for rats, vermin, or an unsightly appearance and a fire hazard. CE_N2 25 Cl) C3 m $ 0 r_1 to J ru M C3 (End =M R-d1W1 0 C3 ri ri t=pw =00 q Z C3 Total A*W COMPLETE THIS SECTION ON DEUVERY 2; aN 3. Also A 81gn Agend rq Scott Holmes C3 P.O.Box 141 address on the reverse iL Addrweee ----- ----- the to Saint Marks, Florida 32355 aretuthe back of reel / N�) C. 098 of DeflMy the Code 22-419WSM CadizfnoprOrn D.bd*Myw1*=dftQl hanged? Dyes 1. Arficla'Addrand1w. If YM, enter dWmy address below 13 NO eXI g Pit j SC Imes N 41go sa• "..'6rks. Florida 32355 & Sanilos 803c Code 12-4. ;�k3o C;dizlnopnhnn C3 Ceroad Mell E3 Bqmw NIPK M PA&Wed 0 ROM Rwdpt for MefollandIft r^ JI r 0 Irmpad man C3 CAD. 4, Reelrbled D~ IlBdra Fee) 0 y" 2. Article Nu 71111 0110 [1002 1300 6555 apsForm 3811.Febnwy=4 Domestic RIOUnPAWPt, F F IAL _110E 1 0 F F 1 C3 m pwage OWOW Fee ru C3 r3 (End==LZ C3 g=lvoryFee J. rq ,q 1OW PWW & Few $ j CCf,1PLLrETH)S SEC -ION ON DELIVERY 1:3 Sent To fbq • Al complete A Scott Holmes ... . ..... 0 Ag" C3 5W, on the reverse x 0 Adr1ressea F_ orpo' 78030 Calle Cadiz -----can to yo e�� (plintedNamo C. Vale of Del" La Quinta, CA. 92253 of the mus, lip lece, e iz-4196PB030 Caft/nopnArn L5. i9a&uyeda=edffsvxdftrnftnn17 13 Ya If YES. enter ddKwy address below. 13 No eve_ Y joe,& 06 ott Holmes FILE CCP 1 M -78030 Calle Cadiz & SWAM lyp La Quinta, CA. 92253 E3 CaWW Man 0 Bpm Mau Code 12-4196/78030 Cacift/roPn/im 0 Roodeled D PAWM RDOW for Merchancame 0 Inmiled Mall C3 CID.D. L Rertriated D*W Pft I" C3 Yes 7 011 0110 1-10 OB02 1300 6562 26 2004 r o=V8W'A$ftffoRWW 92253 Development Company, LLC L . 1/ E o P.O. Box 141 St. Marks, FL 32355 SEp - {12012 August 292012, PRYQFLAGu1NTA ._ PLANNING Planning Commission c% the City Clerk ATTACHMENT # 5 City of La Quinta P.O. Box 1504 La Quints, CA 92253 Re: 78030 Calle Cadiz -Notice of Public Nuisance, Case 12-00004196 Via Certified Mail Return Receipt Number 7011 3500 0000 8110 0607 Ladies and Gentlemen of the Planning Commission: Copies of the first four pages of the above referenced notice received August 29, 2012, are enclosed. Thank. you for bringing these matters to my attention and for the opportunity to respond. For ease of reference, the alleged violations and corrective measures in the enclosure are numbered 1 through 14 inclusive. Per the notice, protests to items 7,. 8, 9 and 10 are hereby filed. The building is not abandoned, partially destroyed or in a state of partial construction requiring the issuance of a building permit. Furthermore, sections 1026.2 and 1026.4 of the California Building Code (CBC) clearly apply to "new construction" of "residential buildings" and then only to "sleeping rooms". I can find no language mandating the retrofitting of existing buildings. If this understanding of the CDC is incorrect, please provide specific language that requires existing thirty year old structures be retrofitted to comply with the heretofore referenced sections of the CDC. Permanent automatic irrigation facilities exist on the property; therefore, the remaining items can be corrected with yard cleanup, landscape maintenance and replacing the zero (0) on the address number located on an exterior wall of the building. Actions to correct these issues will be undertaken, if not completed, in the time period outlined in the notice. If some corrections having begun are. not completed within thirty days, I respectively ask for a sixty day extension so that all matters may be brought into compliance to your satisfaction Thank you again for bringing these matters to my attention and for your anticipated consideration. I look forward to resolving these issues and bringing this matter to a timely resolution. Please call me at 760-771-4783 if I may be of immediate assistance in furtherance of these goals. Respectfully, tt Ho es Enclosures cc. Ms. Jackie Misuraca, Code Compliance Officer 27 i P.O. BOX 1504. COMMUNITY Wety DIVISION 78-495 CALLH TAMPICO (160) 777.70Ab LA QUINTA, CALIFORNIA 92253 PAX (760) 777-7011 August 23, 2012 92253 DEVELOPMENT CO., LLC P..O.BOX 141 SAINT MARKS, FL 32355 Dear Owner(s): elm A Re. 76030 CALLS CADIZ Parcel # 779-152-012 Case # 12-00004196 Officer. Jackie Misurace THIS NOTICE is hereby submitted to you as owners) of the above referenced property A recent inspection of your property revealed conditions that constitute a public nuisance in violation of the La Quints Municipal Code. The conditions of the property are in violation of Le Quinta Municipal Code 11.72.030. Please correct these conditions within thirty (30) days or be subject to City abatement, under LQMC 11.72.060. 28 NOTICE OF PUBLIC NUISANCE Cass Number: 12-00004196 Page 2 Of 11 Failure to correct the listed vloiation(s) within the time frame Indicated will result in the City initiating abatement proceedings anftr criminal prosecution to oornlict the vlalation(s), All contractor abatement Costs and a 25 % administrative fee Shall be charged to the property owner(s) as a Tien upon the property and shall become a personal obligation of the owners) of record, By acting immediately to correct the violation(s) referenced, you will avoid these and any future costs. If you object to the determination of cited violation(s), you must file a written protest to the Planning Commission no later than ten (10) days from the dais of this notice. The appeal shall be In writing and flied with the City Clerk, If you have any questions, please contact Jackie Misuraca at (760) 777.7021. Please provide the case number 12-00004i96 and the property address. Your assistance in suppoit rig the Code Compliance Division to maintain the safely and appearance of our City is greatly appreciated. You may contact me at the above referenced phone number if you require assistance 3 Misuraca. — Compliance Officer CC: All Parties via Certified and First Class Mail C9 N2 29 NO I IZ (i- PUBLIC NUISANCE Cage Number 12-00004196 Page 3 of 11 PUBLIC NUISANCES t Violation Description LQMC 9.60240 (E.3) Landscape Standards All landscaping shall be maintained in a neat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, utilizing, replacement of plants when necessary and regular watering. Permanent uton facilities shall be provided for all 1m�� amqlL aViolation Conutive Action Maintain landscaping in accordance with Landscape Standards Code including some type of ground cover over native soil. Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (N): Maintenance of property tar out ofhwTr my or wnfomtity with the maintenance standards of adjacent Properties which causes a substantial diminution in the enjoymant, use or value of adjacent properties, I Violation Corrective Action Maintain the property consistent with the maintenance standards ofadjaeent properties- This includes the rrma yard area and the exterior side yard(s). Violation Description UFC 505.1 Now and existing buildings shall have approved address numbers, building numbers or approved building Identification placed in a position that is plainly legible and visible from the street or road fronting the property, The numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet loners. Numbers shall be a minimum of 4 Inches (102mm) higb with a minimum stroke width of 0.5 inch (12.7). / Violation Corrective Action (p Add or replace approved address numbers or approved building Identification placed in a position that is plainly legible and visible from the street or road fronting the property- The numbers shall contrast with their c Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (A) Buildings or structures which are abandoned, partially destroyed or in a state of partial construction. Violation Corrective Action CE—M 30 ,NOTICE OF PUBLIC NUISANCE Case Number. 12-000041ge Page 4 of 11 Obtain all required permits, inspections and apprmg4s from the Building and Safety DepartmenL You must complete all the necessary rlpaira. Conshvctions or demolitions. Cunma the Building & Safety Department for iobarmation on obtaining permits at (760) 777.7012. qViolation Description CDC 1026A Access and Means of Egress . Bars, grilles, grates or similar devices are permitted tc be placed over emergency escape and rescue openings Provided the minimum net clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the inside without the use of a key, tool, special knowledge or effort or force greater than that which is required for normal operation of the escape:and rescue opening, % d Violation Comotive Action Provide means of emergency escape from bedroom(s). 'she escape opening shall have a minimum net clear opening of 5.7 square &a. The minimum net clear opening b.eip shelf be 24 inches. The minimum not clear opening width shall be 20 inches. Ail escape windows shall have a finished sill helght not more than 44 inches above the finished floor. Submit an application and plans to the City Building Department'fbr review nod approval f / Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (R): Maintenance of grounds, landscepe, stu�xbs, plants or vegetation visible from the public right-of-way which causes a substantial diminution in the enjoyment, tisi3 or value of adjacent properties. Violation Corrective Action Grounds shall be routinely maintained to a neat, efran and healthy condition, including proper pruning, snowing ar lawns, weeding, removal of litter, fertilizing, mplacemenr. of plants, a working irrigation system and ground cover to conform with neighborhood standards. %3 Violation Description PUBLIC NUISANCE DECLARED: 11.72.030 (Tin: Allowing the following to exist on property: bead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation Ir7cely to harbor rats or vermin or constitute an unsightly appearance or fire hazard. / Violation Corrective Action Remove hazardous trees or other vegetation that create; a health and safety issue, a habitat Ibr rats, vermin, or an unsightly appearance and a fire hazard. CB,N2 31 ATTACHMENT # 6 City of La Quintapn UsEoNLy cwNo. '20% -()-6 9 Planning Department DareRwv ' elliell2l 78-495 Calle Tampico Fee:_ t La Quinta, California. 92253 MatedApps.: (760) 777-7125 FAX: (760) 777-1233 i.oUed in b: = Finance Codes: PC - 29/CC - 30 Appellanf s Application for Appeal of Findings And/Or Conditions 52253 !✓{WTr�,� wy, LLe-Date-%--201a Mailing Address c9 i i 1%19A&i Sp. Phone: Mt 1 77/ - 517eQ Resolution # and Condition(s) of Approval being appealed Any development review action may be appealed pursuant to Section 9.200.120 of the Zoning Code.. Please identify the type of application: D Type of Appeal: S€P l0 2012 CITY OF LA QUINTA Change of Zone Tentative Tract Mi FINANCEnEPT Specific Plan Tentative Parcel Map Conditional Use Permit Site Development Permit Variance Temporary Use Permit Minor Use Permit —Other Ai-e ='t /� Please provide sufficient information so as to make cleat the substance of each of the grounds for appeal. if applicable, indicate.the number ofthe specific condition which is being protested, SQ e A i i /a C F�i� t� MY!=/1-L i Use additional sheets if necessary- cm O e of Ap it PiroPra ron C, ?Ri! 32 rs P:Wnolicadons%AnoW Findin"-CondA c - -- a: 6` r 6 pie +X w6.a ,, • ' 41 L t n .�„C aye �,. b•..c yt .�� R '"rmr� * -i F•^+r- '�f y�.�,,t��.., ♦ t'yaw � ; -7 ._ w L 08/23/2092 w y :; "; •. -yam:. ;� �� >._y� �v�.>,'��„�W'� � 3 An i• A. _ .a ps mow`.. 1` � ♦.•`6F n�n� �7 tf rt x� A n )P�.i a' P'�S a". ,. .i.. Y r ��" ♦ �� ,z u .,r e a 4�._�i n. IJ S /, �4 �a fJ ( rY PJ )�• �`,TO qii � �� r v'F •&.��".e 17A;+i.t°y*A y�6��. i .rP : 2j.J 's� TC t A Y n�.��. a,/ i F p � e M•= IJ� GrL r " ' � e�/' t ) F'}• .� i y��(+j j�X''t -. F �y .- oR}y� °.+ � ( 'J i vV 6 r'd iF 'l Y mC }4. � h..•F ��%Z `tom iE.i •yV IN PH # A STAFF REPORT PLANNING COMMISSION DATE: SEPTEMBER 25, 2012 CASE NUMBER: DEVELOPMENT AGREEMENT 2003-006 AMENDMENT 4, ENVIRONMENTAL ASSESSMENT 2011-617, GENERAL PLAN AMENDMENT 2011-123, ZONE CHANGE 2011-140, SPECIFIC PLAN 2001-055 AMENDMENT 3, TENTATIVE PARCEL MAP 36405, SITE DEVELOPMENT PERMIT 2011- 921 APPLICANT: LENITY GROUP, LLC PROPERTY OWNER: LA QUINTA RETIREMENT RESIDENCE, LP ARCHITECT: LENITY GROUP, LLC LANDSCAPE ARCHITECT: LENITY GROUP, LLC ENGINEER: MSA CONSULTING, INC. REQUEST: CONSIDERATION OF DEVELOPMENT PLANS FOR THE LA QUINTA RETIREMENT COMMUNITY LOCATION: SEELEY DRIVE, EAST OF WASHINGTON STREET, SOUTH OF MILES AVENUE, WITHIN CENTRE POINTE ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS PREPARED ENVIRONMENTAL ASSESSMENT 2011-617 FOR THIS PROJECT, IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING DIRECTOR HAS DETERMINED THAT ALTHOUGH THE PROPOSED PROJECT COULD HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT, THERE WILL NOT BE A SIGNIFICANT EFFECT IN THIS CASE BECAUSE REVISIONS IN THE PROJECT HAVE BEEN MADE BY OR AGREED TO BY THE PROJECT PROPONENT AND MITIGATION MEASURES HAVE BEEN INCORPORATED. THEREFORE, THE PLANNING DIRECTOR IS RECOMMENDING THAT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ASSOCIATED MITIGATION MONITORING PROGRAM BE CERTIFIED. P:\Reports - PC\2012\PC_9-25-12\LQ RETIREMENT COMMUNITY\01 LQRC REPORT.docx Page 1 of 10 PROPOSED GENERAL PLAN DESIGNATION: PROPOSED ZONING DESIGNATION: SURROUNDING ZONING/LAND USES: MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) MEDIUM HIGH DENSITY RESIDENTIAL (RMH) NORTH: PARKS AND RECREATION (P) EXISTING COMMUNITY PARK FACILITY SOUTH: OFFICE COMMERCIAL (0) VACANT, UN -ENTITLED LAND EAST: LOW DENSITY RESIDENTIAL (LDR) EXISTING RESIDENTIAL COMMUNITY WEST: OFFICE COMMERCIAL (0) EXISTING MEDICAL HEALTH CENTER RECOMMENDED ACTION: That the Planning Commission adopt Planning Commission resolutions recommending to the City Council• • Certification of a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program for Environmental Assessment 2011- 617 Approval of Development Agreement 2003-006 Amendment 3 • Approval of General Plan Amendment 2011-123 • Approval of Zone Change 2011-140 • Approval of Specific Plan 2001-055 Amendment 3 • Approval of Tentative Parcel Map 36405 • Approval of Site Development Permit 201 1-921 subject to the attached Findings and Conditions of Approval. EXECUTIVE SUMMARY: The proposed La Quinta Retirement Community is located within the Centre Pointe commercial development. The community consists of a 123,000 square foot congregate care facility, four independent living duplex cottage units, and a 77,000 square foot assisted living facility/memory care facility. A single access point is identified for the proposed community, off Seeley Drive, adjoining the existing roundabout. PAReports - PC\2012\PC_9-25-12\LQ RETIREMENT COMMUNITY\01 LQRC REPORT.docx Page 2 of 10 In addition to the site development plans, multiple applications are included in the development proposal: • Development Agreement Amendment o Amend existing agreement to be consistent with proposed land use • General Plan Amendment/Zone Change o Increase density from Medium Density Residential (8 du/acre) to Medium High Density Residential (12 du/acre) • Specific Plan Amendment o Amend existing specific plan to be consistent with proposed land use o Propose multiple deviations to development standards • Tentative Parcel Map o Subdivide property into parcels consistent with project financing plan Initially, staff had a variety of concerns regarding the site design and architectural style of the La Quinta Retirement Community. In particular, the isolated duplex units located near the entrance of the community, the reduced number of parking spaces provided, trash enclosure locations, and the utilization of Packaged Terminal Air Conditioning units were questioned. However, the applicant has provided sufficient operational data and site/architectural enhancements to alleviate all of staff's concern. BACKGROUND/ANALYSIS: The La Quinta Retirement Community, an approximately 9.5-acre senior retirement community, consists of a three-story retirement facility, four duplex cottage units, a two-story assisted living facility, a one-story memory care facility The main building, the three-story Retirement Residence, has the following characteristics: • Approximately 123,000 square foot congregate care facility • Studio, one -bedroom, two -bedroom units (132 suites; 146 beds) • Community dining area, activity/multi-purpose rooms,. entertainment rooms • Meals, housekeeping, van transportation, social activities included • Resident: average age 82; ambulatory (medical/nursing care not provided) The four single -story Duplex Cottage units have the following characteristics: • Approximately 2,600 square feet (master bedroom and guest bedroom/den) • Great room, kitchen, laundry room, covered patio, one -car garage • Resident: slightly younger population (main building services also offered) The two-story Assisted Living Facility (ALF) with Memory Care Unit (ALZ) has the following characteristics: • Approximately 77,000 square foot facility • ALF includes studio, one -bedroom, two -bedroom units (72 suites; 73 beds) PAReports - PC\2012\PC_9-25-12\LQ RETIREMENT COMMUNITY\01 LQRC REPORT.doex Page 3 of 10 o Dining area, activity room, lounge area o Resident: seniors in need of assistance, but not nursing home • ALZ includes private and semi -private suites (17 suites; 32 beds) o Meals, housekeeping, van transportation included o Resident: seniors with memory loss needs (medications/routines) Two development phases are proposed. The first phase consists of the retirement facility and duplex units, along with parking and landscaping. The second phase consists of the assisted living and memory care facility. The project site is currently vacant, with no active entitlements. Located directly to the north of the project site is Pioneer Park. An existing single-family residential neighborhood, Desert Pride, is located to the east of the project site. Vacant, un- entitled property is located to the south of the project site. An existing medical health center is located directly to the west of the project site. For detailed information regarding building/community characteristics, site design, architectural design, and the landscaping plan, the site development booklet and the Architectural and Landscaping Review Committee staff report are attached for reference (Attachment 1 and Attachment 2) Development Agreement Amendment: The existing Development Agreement is being arrlended to reflect the proposed changes to the project. The amended Agreement has been prepared by the City Attorney's office and requires review and approval by the City Council after recommendation by the Planning Commission. General Plan Amendment/Zone Change: The project site is currently zoned Medium Density Residential, which permits a density of up to 8 du/acre. The purpose of the General Plan Amendment and Zone Change is to bring the La Quinta General Plan and Zoning land use designations of the project site into consistency with the proposed density (Attachment 3). The proposed density, using an "equivalent unit density" calculation, results in a density of 10 du/acre. Equivalent unit density, which equates density calculated through number of residents rather than reliance on the term "unit", can be utilized due to the proposed use, a senior retirement community with independent, assisted and memory care units, with a majority of single occupancy units. The expected population for the La Quinta Retirement Community is 252 persons, which calculates to 10 du/acre. Therefore, Medium High Density Residential, with a maximum density of 12 du/acre, is required. The proposed density and subsequent General Plan Amendment and Zone Change P:\Reports - PC\2012\PC_9-25-12\LQ RETIREMENT COMMUNITY\01 LQRC REPORT.docx Page 4 of 10 will not have an impact on the surrounding neighborhoods. Specific Plan Amendment: The applicant has proposed a Specific Plan Amendment (Attachment 4). This represents the third amendment to the original Centre Pointe Specific Plan, and includes detailed development principles and design guidelines in order to develop the community as proposed. The Specific Plan Amendment also includes details regarding a number of deviations from La Quinta Municipal Code standards. The proposed amended Specific Plan proposes the following deviations from the La Quinta Municipal Code: hr01},DS4d t{¢ntre,PdlYrte !'Current Ceirn Rointe . ` 1,a Ctu6ta Muntcijial;Cod'e": Detrelipment$tandard G'evarrYpmant5taodard VairelOgmenY5tard*- Mazdmnm StruRture Naigbt 40 feet 28 feet 28 feet Maxium Number er Starks: m 3 2 2 (min. 145 feet from east PL) �Mirdmnitti'LiNmgAt1'd :` " : {Single ramilyAttac►iEdj- � ` r 1,100 square feet 1,200 square feet 1,400 square feet . -Aw ing tot Gev$ragB,,; 70% 60% 60% ' S parking Let)]astga 3.. No Standard n/a All units are within 100 feet of the nearest guest space flop/a%VaTkmg 1 Garage Space+ 2 Garage Spaces + 2 Garage Spaces + 1 Guest Space 1 Guest Space 1 Guest Space �-; Requlred;Farking 134 spaces n/a 204 spaces The proposed amendment to the Centre Pointe Specific Plan is acceptable as it ensures that the project can be constructed as proposed. Although the applicant has proposed a variety of deviations from the La Quinta Municipal Code, staff believes that the appropriate justification has been given to consider and approve the requests. For example, the reduction in minimum unit size is requested due to the inclusion of common kitchen and dining facilities. The added height is needed to facilitate the community's architectural design. The relief from the distance -to -guest space requirement is requested as a result of the project's design, due to the fact that all visitors are to enter from the main reception areas. Staff recommends the Planning Commission review the proposed amendment to the Centre Pointe Specific Plan, particularly the multiple requests for deviations from the La Quinta Municipal Code, and discuss any areas of concern. P:\Reports - PC\2012\PC_9-25-12\LQ RETIREMENT COMMUNITY\01 LQRC REPORT.docx Page 5 of 10 Tentative Parcel Map: The applicant proposes to subdivide the project site into two parcels (Attachment 5). Parcel 1, at approximately 3.54 acres, consists primarily of all the Assisted Living/Memory Care Facility. Parcel 2, at approximately 5.83 acres, consists primarily of the Retirement Residence and Duplex Cottage units. The intention of the Tentative Parcel Map is for financing purposes. The design of the proposed map, as conditioned; generally conforms to the design guidelines and standards of the City of La Quinta General Plan for Medium High Density Residential (MHDR) designated properties, as set forth in the Land Use Element. The proposed site design incorporates street and parcel designs that are in conformance with applicable General Plan goals, policies, and development standards, and will provide adequate circulation, infrastructure, and utilities. Site Development Permit: Site Design The design of the vehicular access points, internal circulation, and parking areas is generally acceptable. Within the project, all applicable turning radii for large vehicles, loading/unloading areas, and pedestrian connectivity meet the La Quinta Municipal Code development standards. The main drive aisle for the project has a clear separation between vehicular and pedestrian paths of travel. The proposed walkways that run throughout the community are sufficient as they provide connectivity throughout the project site. Staff suggested that the existing Eisenhower Health Center driveway to the west be utilized as a shared fire access road, rather than constructing a new road adjacent and parallel to the existing road. However, an agreement with the Eisenhower Health Center to allow shared use of the driveway could not be reached. Based on the parking requirements in- LQMC Section 9.150.060 and the parking analysis done as part of the review process, staff has determined that the proposed parking area design and spaces provided within the La Quinta Retirement Community can adequately accommodate the proposed use. The proposal provides for 135 parking spaces, which does not meet the 208 parking spaces required by the Municipal Code. Staff was primarily concerned with visitor parking and employee shift changes. However, the applicant has provided information regarding the proposed parking ratios based on past experience with this type of land use, which has historically shown that only 20% of independent living residents and 5% of assisted living residents bring vehicles to the community, and that most residents utilize the community van for transportation needs. Furthermore, the applicant has stated that the largest employee shift change would require 32 parking spaces, which coupled with the number of spaces accounted for PAReports - PC\2012\PC_9-25-12\LQ RETIREMENT COMMUNITY\01 LQRC REPORT.docx Page 6 of 10 residents with cars, result in approximately 90 parking spaces available for guest parking. The applicant also provided staff with addresses of numerous facilities they have constructed with similar unit counts and parking ratios. Through online resources, staff confirmed the parking ratios at the existing facilities, and has concluded that the proposed parking ratio should be sufficient. The proposed parking ratios have been included in the Specific Plan Development Standards. Staff initially had some concern with the location and layout of the proposed Duplex Cottage units located along Seeley Drive, near the main entrance of the community. In particular, the placement of cottage units in such an isolated location, away from the other cottage units located on the opposite side of the property, was questioned. Also, the layout of the building was oriented in such a way that rear yard areas would be exposed to public view. In response, a rear yard screen wall has been incorporated in order to minimize views into and out of the rear yards. With regards to the isolation of the units, the applicant has stated that the proposed layout is operationally successful and maintained their desire for units at the proposed location. As the applicant is confident that the isolated units will not prevent the residents from using the amenities of the Retirement Residences, and the relocation of the units would necessitate a significant redesign of the project site, staff has accepted the design as proposed. Architectural Desiqn The Desert Contemporary architecture and layout of the project site is for the most part compatible with the surrounding land uses. Because the existing buildings within the Centre Pointe development near the proposed facility are of a Modern and Mediterranean/Spanish architectural style, the Desert Contemporary style does not conflict with the surrounding built environment. Enough architectural articulations enhance the buildings, and the height, mass, and scale of the buildings are appropriate for the proposed location. Furthermore, the visual impact of the three-story Retirement Residence is minimized from view from the existing residential neighborhood to the east. The building is set back over 180 feet from the closest existing residence to the east, and review of the eastern property line transition plan shows that the Duplex Cottage units and the segments of the Assisted Living Facility closest to the property line have minimal visual impact on the existing residential neighborhood due to massing, height, and landscaping buffers (Attachment 1, Sheet A-27). There was initial concern regarding the use of the Packaged Terminal Air Conditioning (PTAC) units throughout the community. In particular, staff believes that use of the PTAC units result in an undesirable aesthetic impact on the architecture of the buildings and noise impact on the existing built environment. However, the applicant has proposed to incorporate decorative screens and grates PAReports - PC\2012\PC_9-25-12\LQ RETIREMENT COMMUNITY\01 LQRC REPORT.docx Page 7 of 10 to minimize the impact of the PTAC units standing out from the building elevations. Also, the applicant has provided information regarding decibel levels of the PTAC units that indicate that noise impact on the existing built environment should be minimal. Landscaping The proposed landscape palette is acceptable (Attachment 1, Sheet A-5). The assorted species of plants provide diversity and add character to the proposed buildings. The proposed plant palette reflects the Desert Contemporary architectural style, while providing sufficient screening and accents around the project site, including the parking lot area, pedestrian circulation areas, and outdoor use areas. Minimum open space, shading, and screening requirements have been met, and the proposed turf installation around the project site is acceptable as it will be utilized in a pedestrian -oriented environment and meets the City's water efficiency ordinance requirements. The proposed water feature can be permitted if it meets the City's water efficiency requirements. Staff has provided a Condition of Approval pertaining to water features, requiring energy efficient pumps and staff review to ensure that there will be minimal water loss due to splashing, evaporation, and compliance with water use calculation requirements. The small-scale water feature located near the main entrance of the Retirement Residence is appropriate in that its placement and scale is beneficial towards the pedestrian atmosphere. The proposed on -site lighting is acceptable, as the proposed fixtures are consistent with the City's outdoor lighting ordinance. Parking areas will be sufficiently lit by the strategically -placed poles and carport lights. All lighting will be designed and located so as to confine direct light within the community boundaries. The submitted photometric plan confirms that the project will be properly illuminated, with a lack of excess light and no illuminated hotspots. AGENCY AND PUBLIC REVIEW: Public Agency Review: This request was sent to all applicable City departments and affected public agencies on January 19, 2012. All written comments received are on file and available for review with the Planning Department. All applicable comments have been incorporated in the recommended Conditions of Approval. SB-18 Native American Tribal Consultation: PAReports - PC\2012\PC_9-25-12\LQ RETIREMENT COMMUNITY\01 LQRC REPORT.docx Page 8 of 10 As per SB-18 (2004) consultation requirements, information regarding the proposed General Plan Amendment and Specific Plan was forwarded to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission. Staff has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval. Neighborhood Meeting: On July 11, 2012, the applicant presented their proposal at a neighborhood meeting. Notices for the informational meeting were sent out to properties within 500 feet of the project site. Approximately ten people showed up to the meeting. Discussions related to the proposed project primarily focused on the proposed building heights and locations, landscape buffering, and on -going dust control problems. Public Notice: This project was advertised in The Desert Sun newspaper on September 14, 2012, and mailed to all property owners within 500 feet of the site. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the Planning Commission hearing. ALRC RECOMMENDATION: On September 13, 2012, the Architectural and Landscaping Review Committee reviewed these site, architectural, and landscaping plans, and unanimously recommended approval of the site development permit (Attachment 6). The ALRC was generally pleased with the site design, architectural style, and project landscaping. In addition to staff's recommended conditions of approval, the ALRC provided the following suggestions: • Provide additional shade elements/awnings on the main building • Utilize a varying paint color palette for duplex units, similar to other buildings • Add a gazebo structure and sitting area to the putting green • Replace proposed Cork Oak tree with Virginiana Oak tree • Use LED bulbs for landscape lighting; pick a different path light fixture • Replace wood trellis structures with "aluma-wood"-type materials The applicant is in the process of evaluating and addressing the ALRC's comments. ENVIRONMENTAL REVIEW PAReports - PC\2012\PC_9-25-12\LQ RETIREMENT COMMUNITY\01 LQRC REPORT.docx Page 9 of 10 The La Quinta Planning Department has prepared Environmental Assessment 2011- 617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified. E JAY WUU, Associate Planner Attachments: 1. La Quinta Retirement Community Site Development Permit Packet (Commissioners Only) 2. Architectural and Landscaping Review Committee Staff Report 3. General Plan Amendment/Zone Change exhibit 4. Centre Pointe Specific Plan Amendment 3 5. Tentative Parcel Map 36405 6. Minutes of September 13, 2012 ALRC meeting P:\Reports - PC\2012\PC_9-25-12\L0 RETIREMENT COMMUNITY\01 LQRC REPORT.docx Page 10 of 10 PLANNING COMMISSION RESOLUTION 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR THE LA QUINTA RETIREMENT COMMUNITY CASE: ENVIRONMENTAL ASSESSMENT 2011-617 APPLICANT: LENITY GROUP, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 25' day of September, 2012, hold a duly noticed public hearing to consider a request by Lenity Group, LLC to adopt Environmental Assessment 201 1-617, prepared for Development Agreement 2003-006 Amendment 3, General Plan Amendment 201 1-123, Zone Change 201 1-140, Specific Plan 2001-055 Amendment 3, Tentative Parcel Map 36405, Site Development Permit 201 1-921, known as the La Quinta Retirement Community, a 9.5-acre retirement community, generally located on Seeley Drive, East of Washington Street, South of Miles Avenue, more particularly described as: APN: 604-630-027 WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2011-617) and has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified; and, WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that implementation of the project could result in a number of significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less -than -significant level; and, WHEREAS, in connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or Planning Commission Resolution 2012- Environmental Assessment 2011-617 Lenity Group, LLC Page 2 more significant environmental effects, CEQA requires the decision -making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to a less -than -significant level; and, WHEREAS, the Planning Department mailed and published a Notice of Intent to adopt a Mitigated Negative Declaration in compliance with Public Resources Code Section 21092 on the 28`h day of August, 2012 to the Riverside County Clerk; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 14, 2012 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify adoption of said Environmental Assessment: 1. That the Mitigated Negative Declaration and associated Mitigation Monitoring Program has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The Planning Commission has independently reviewed and considered the information contained in the Environmental Assessment, and finds that it adequately describes and addresses the environmental effects of the project. Based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this project, the Planning Commission finds that there are no significant environmental effects resulting from this project. 2. The project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant impacts were identified by Environmental Assessment 2011- 617. 3. The project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of, rare or endangered plants or animals or eliminate important examples of Planning Commission Resolution 2012- Environmental Assessment 2011-617 Lenity Group, LLC Page 3 the major periods of California history, or prehistory. 4. There is no evidence before the City that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 5. The project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified under Environmental Assessment 2011-617. 6. The project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the City will not be significantly affected by the project. 7. The project will not create environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 8. The Planning Commission has fully considered the proposed Mitigated Negative Declaration and associated Mitigation Monitoring Program and any comments received thereon, and there is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 9. The Planning Commission has considered Environmental Assessment 201 1-617 and said assessment reflects the independent judgment of the City. 10. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 11. Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code §711.2. 12. The location of the documents which constitute the record of proceedings Planning Commission Resolution 2012- Environmental Assessment 2011-617 Lenity Group, LLC Page 4 upon which the Planning Commission decision is based upon, are located in the La Quinta City Hall, Planning Department, 78495 Calle Tampico, La Quinta, California, 92253. 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 Environmental Assessment. 2. That Environmental Assessment 2011-617 reflects the independent judgment of the City. 3. That it does hereby recommend to the City Council certification of Environmental Assessment 201 1-617, which includes a mitigated negative declaration and associated mitigation monitoring program for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist, attached and on file in the Planning Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 251" day of September, 2012, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: Planning Commission Resolution 2012- Environmental Assessment 2011-617 Lenity Group, LLC Page 5 LES JOHNSON, Planning Director City of La Quinta, California California Environmental Quality Act Initial Study (as required by Sec. 15063 of the Public Resources Code) To be completed by the lead agency 1. Project Title: La Quinta Retirement Community EA 2011-617 2. Lead Agency Name and Address: 3. Contact Person and Phone Number: 4. Project Location: 5. Project Sponsor's Name and Address: 6. Existing General Plan Designation: Proposed General Plan Designation: Existing Zoning: Proposed Zoning: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Jay Wuu, Associate Planner 760-777-7125 Seeley Drive, east of Washington Street, south of Miles Avenue Assessor's Parcel Number 604-630-027 Lenity Group, LLC 471 High Street, Suite 10 Salem, OR 97301 Medium Density Residential (8 du/acre) Medium High Density Residential (12 du/acre) Medium Density Residential Medium High Density Residential S. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for'its implementation. Attach additional sheets if necessary.) The proposed La Quinta Retirement Community is an approximately I11,000 square foot retirement community located on an approximately 9.5-acre vacant parcel within the Centre Pointe commercial development in the City of La Quinta. The proposed community consists of a three-story, 132-suite retirement facility, four independent living duplex cottage units, a two-story, 72-suite assisted living facility, and a one-story, 32-bed memory care facility. Two development phases are proposed; the first phase includes the retirement facility and duplex units, along with parking and landscaping, and the second phase includes the assisted living and memory care facility. Access into and out of the proposed community is off of Seeley Drive. A restricted fire department access is also located along Seeley Drive. Multiple applications have been filed for the proposed project, including a General Plan Amendment, Zone Change, Specific Plan Amendment, and Site Development Permit. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: North: Parks & Recreation (P) East: Low Density Residential (LDR) Existing community park Existing residential community South: Office Commercial (0) West: Office Commercial (0) Vacant, un-entitled land Existing medical health center 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Coachella Valley Water District ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources ❑ Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities / Service Systems ❑ Agriculture Resources ❑ Cultural Resources ❑ Hydrology / Water Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ❑ Air Quality ❑ Geology / Soils ❑ Land Use / Planning ❑ Population / Housing ❑ Transportation / Traffic ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I fmd that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Jay Wuu Associate Planner Printed name Date City of La Ouinta For EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier FIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 4- 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? (La Quinta General Plan X Exhibit 3.6 "Image Corridors", Project Cross Section Exhibit) b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing visual character or quality of the site and X its surroundings? (Aerial Photograph) d) Create a new source of substantial light or glare which would adversely X affect day or nighttime views in the area? (Application materials) a) The proposed project site currently has scenic views of the distant San Jacinto Mountains to the west, Santa Rosa Mountains to the southwest, and limited views of the Little San Bernardino Mountains to the north and the Indio hills to the northeast. The project site is in an urbanized area and immediate views surrounding the property include an existing residential neighborhood, multiple commercial buildings, and community recreational facilities. There are no Image Corridors adjacent to the project site, as defined by the General Plan. Westward views from the existing single family residential community located immediately east of the project site could be reduced by construction of two and three story buildings. These buildings could reduce the view of the foothills to the west, but would be expected to maintain the views of the peaks above structures. The location of the proposed three story building, over 180-feet away from the nearest existing residential home to the east, as well as the incorporation of a flat roof design, will reduce impacts to less than significant levels. b) No scenic highways exist near the proposed project. The project site is currently a vacant parcel. There are no historic buildings or significant stands of trees or rock outcroppings on the site. Therefore, there will be no impact to scenic resources as a result of the proposed project. c) The project site is located in an urbanized area in the northern portion of La Quinta. Existing surrounding uses include a hotel, medical facility, a single family residential neighborhood, and a public park. The development of the project is consistent with the character of the area, as the mass and scale of the proposed project will be compatible M. with existing uses. The proposed project will therefore have no impact on the visual character of the area. d) The construction of the proposed project will cause an increase in light generation, primarily from car headlights and landscape lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Furthermore, the type and quantity of lighting used for the community, which primarily consist of low wattage landscape lighting, wall -mounted fixtures, and parking lot lighting, is generally limited, and of low intensity. Impacts will not be significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the X California Resources Agency, to non- agricultural use? (Riverside County Important Farmland 2008, CA Department of Conservation) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map, Riverside X County Williamson Act Lands 2007, CA Department of Conservation) c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of X Farmland, to non-agricultural use? (General Plan Land Use Map; Site Inspection) a) - c) The proposed project is located in an urbanized area of the City. There are no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) resources, no Williamson Act contracts, nor any land zoned for agricultural use, within the vicinity of the project site. Therefore, this project will have no impact on such lands. 7- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air X quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or contribute substantially to an existing or X projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard X (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2003 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to substantial pollutant concentrations? X (Project Description, Aerial Photo) e) Create objectionable odors affecting a substantial number of people? (Project X Description, Aerial Photo) i) Generate greenhouse gas emissions either directly or indirectly, that may X have a significant impact on the environment? (Project description) g) Conflict with an applicable plan, policy or regulation adopted for the X purpose of reducing the emissions of greenhouse gases? (Project description) a) The subject property is located within the Salton Sea Air Basin (SSAB), which is governed by the South Coast Air Quality Management District (SCAQMD). SCAQMD is responsible for monitoring criteria air pollutant concentrations and establishing management policies for the SSAB. All development within the Salton Sea Air Basin, including the proposed project, is subject to the 2007 Air Quality Management Plan (2007 AQMP) and the 2003 Coachella Valley PM,, State Implementation Plan (2003 CVPM" SIP). The AQMP is a comprehensive plan that establishes control strategies and guidance on regional emission reductions for air pollutants that are based, in part, by the land use plans of the subject jurisdiction. The proposed project is consistent with the City of La Quinta's land use designations and is therefore consistent with the AQMP. b) & c) Construction and operation of the La Quinta Retirement Community will result in the direct and indirect generation and emission of air pollutants both locally and regionally. Criteria air emissions and greenhouse gas emissions from construction activities will be temporary, whereas air emissions from daily operation of the project site will be ongoing for the life of the project. The California Emissions Estimator Model (CalEEMod) was used to project air quality emissions that will be generated by construction and operation of the proposed project. Construction and operational emissions are described individually below. Construction Emissions As discussed above, construction activities result in the emission of air quality pollutants from site preparation, grading, building construction, and off gassing from paving and architectural coating. The site is currently vacant and does not contain pre- existing structures or facilities. Criteria pollutant emissions from construction activities are short term, and will end once construction is complete. Construction of the project will occur in two sequential phases. Phase I will result in construction of the independent living portion of the project to be located on the northeastern portion of the site (approximately 5.86 acres) with an estimated completion date of 2014. Phase II of construction will result in total build out of the project (2017) with development of the assisted living and care center located on the remaining 3.59 acres. The table below shows the average daily emissions of criteria pollutants throughout the entire construction period. The table provides unmitigated emission factors for both Phase I and Phase II of construction. Implementation of mitigation measures such as soil stabilization techniques, minimizing speed limits on unpaved roads, use of emission reducing filters, oxidation catalysts, and use of low volatile organic compound paint will further reduce emissions, although it is projected that no thresholds will be exceeded. Additionally, a dust control plan in conformance with SCAQMD Rule 403 will be required. As shown below, emission levels for all criteria pollutants are below established SCAQMD thresholds. 9- Table 1 Construction Emissions for the Proposed Project CO NOx ROG sox PM10 PM2.5 PHASE I: 2012-2014 2012 50.42 86.76 10.78 0.08 24.54 14.27 2013 62.39 75.61 12.74 0.10 7.83 5.46 2014 41.89 41.42 72.34 0.07 5.05 2.51 SCAQMD Threshold 550.00 100.00 75.00 150.00 150.00 55.00 Fxeeede Threshold No No No No No No 2015 42.80 70.93 9.09 0.08 23.00 13.26 2016 47.40 51.06 8.41 0.08 9.93 5.35 2017 31.70 28.84 52.30 0.06 3.05 1.66 SCAQMD Threshold 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds Threshold No No No No No No Source: CalEEMod. Values and B for detailed tables. shown represent the average values of summer and winter. See Appendix A Operational Emissions Air quality emissions from operation of the proposed project result from area sources, energy sources and mobile sources. As previously stated, construction of the project will occur in two sequential phases. For analysis purposes it is assumed that operation of the Phase I facility begins 2014, and Phase II in 2017. Because Phase I will be in operation upon the completion of Phase II, operational emissions for Phase II reflect operational emissions of both Phases which represents operation at ultimate project build out. Therefore, build out operational emissions are the combined total of Phase I and Phase IL Table 2 Operational Emissions for the Proposed Project (pounds per day) CO NOx ROG sox PM10 PM2.5 PHASE I: 2014 Area Source 11.98 0.14 5.11 0.00 0.06 0.06 Energy Sources 0.24 0.56 0.07 0.00 0.05 0.05 Mobile Sources 73.74 41.49 9.14 0.10 11.29 1.43 SubTotal Phase 1 85.96 42.19 14.32 0.10 11.40 1.54 Area Source 7.51 0.09 2.80 0.00 0.04 0.04 Energy Sources 0.15 0.34 0.04 0.00 0.03 0.03 Mnhile Sources 13.86 7.80 1.76 0.02 2.54 0.26 Combined Total 107A8 50.42 18.92 0.12 14.01 1.87 SCAQMD Threshold 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds Threshold No No No No No No Source: CalEEMod Version 2011.1.1. See Appendix A and B for detailed tables. Value shown represents the average emissions from summer and winter. As shown in the table, operational emissions will not exceed SCAQMD thresholds of significance for any criteria pollutants. The data reflects unmitigated operations, and implementation of mitigation measures is only suggested to further reduce pollutant -10- emissions. These include, but are not be limited to the use of energy -efficient appliances and alternative modes of transportation within the project (walking, bicycles and golf carts). Non -Attainment Historically, the Coachella Valley, which includes the proposed project site, has been classified as a "non -attainment" area for PM10. In order to achieve attainment in the region, the 2003 Coachella Valley PM,o Management Plan was adopted, which established strict standards for dust management for development proposals. The region is currently designated as a "serious" non -attainment area by the EPA, and federal re - designation for PMio is pending. The region is also categorized as a non -attainment area for ozone by the EPA; however, this designation was upgraded from "serious" to "severe-15" in May 2010. The proposed project will contribute to an incremental increase in regional ozone and PMio emissions. However, this impact is not expected to be cumulatively considerable. Project construction and operation emissions will not exceed SCAQMD thresholds for PMio or ozone precursors, and appropriate mitigation measures will be implemented that will further reduce emissions. The project will not conflict with any attainment plans and will result in less than significant impacts. d) The nearest sensitive receptors to the subject property are within 25-50 feet and include single-family homes immediately east of the site, and a community park immediately north. However, as shown in Tables 1 and 2 above, both construction and operational air pollutant emissions will be below SCAQMD thresholds. The project will generate pollutants associated with household activities and vehicle use, and is not expected to increase the amount of noxious odors to the area. Therefore air quality impacts on sensitive receptors, related to criteria air pollutants and odors, will be less than significant. e) The project will result in the development of 221 retirement and assisted living residential units, and is not expected to create objectionable odors. f) & g) The proposed project will generate greenhouse gas emissions both during the construction phase and during operation at build out. Based on the CalEEMod model, construction emissions will generate approximately 2,723.09 metric tons of CO2 over the construction period of 5 years. Construction related greenhouse gas production will be temporary and will end once the project is completed. Table 5 provides GHG emissions for Phase I and Phase II of construction. -11- Table 3 GHG Emissions from Construction of the Proposed Project (metric tons) CO2 CH4 N20 CO2e Construction Activities: Phase I 1,475.78 0.14 0.00 1,478.81 2012-2014 Construction Activities: Phase II 1,242.16 0.10 0.00 1,244.28 2015-2017 Total 2717.94 0.24 0.00 2,723.09 See Appendix A and B for detailed tables. Values shown represent the total GHG emission projections for construction of the proposed project. Operation of the proposed project will create on -going greenhouse gases through the consumption of electricity and natural gas, moving sources, and the transport and pumping of water for domestic use. Table 4 describes annual (unmitigated) operational GHG generation. Table 3 GHG Emissions from Operation (metric tons/vear) Emission Unmitigated CO2 Source Equivalent Area 1.76 Energy 292.58 Mobile 1,774.87 Waste 35.21 Combined Phase I and II Area 2.87 Energy 474.57 Mobile 2,181.01 Waste 72.15 Water 101.59 See Appendix A for CalEEMod output tables. Values shown represent the annual GHG emission projections for operation of the proposed project. As shown in Table 4, operation of the proposed project will generate approximately 2,832 tons of CO2e equivalent annually. Various statewide measures and programs have been adopted to reduce GHG emissions, including new fuel -efficient standards for cars, and increasing renewable energy sources. There are currently no thresholds for greenhouse gases established for individual development projects. The proposed project will be required to abide by statewide measures for reducing greenhouse gases, such as the CalGreen Building Code, which includes energy efficiency standards which are more stringent than previous codes. The proposed project will also be required to comply with the City's Greenhouse Gas Reduction Plan. This Plan includes a range of reduction measures designed to meet or exceed State mandated reductions in GHG emissions. As a result of these requirements, the proposed project will have a less than significant impact on greenhouse gas emissions. -12- Mitieation Measures 1. Construction equipment shall be maintained in proper working order and equipped with oxidation catalysts and filters to limit criteria pollutants. 2. Construction activities will be phased, as appropriate, to reduce the simultaneous operation of multiple pieces of construction equipment. 3. To reduce fugitive dust emissions, the applicant shall prepare a dust control plan in conformance with SCAQMD Rule 403, which may include the following: • apply water and/or chemical stabilizers to exposed and disturbed soil areas • cease all construction grading and earth -moving operations when winds exceed 25 miles per hour • spread soil binders on site, unpaved roads, and parking areas • use street sweeper to clean paved roads adjacent to site • reduce vehicle speeds on unpaved roads • wash off trucks before they leave the construction site • cover import/export soils transported to/from construction site 4. Low -emitting architectural coatings and products shall be used in conformance with SCAQMD Rule 1113. 13- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local X or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff.) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the X California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 78 ff.) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, X vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 f.) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory X wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or ordinances protecting biological resources, x such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or x other approved local, regional, or state habitat conservation plan?, (General Plan MEA, p. 78 ff) 14- a) — f) The project site is located in a highly urbanized area, and has been significantly impacted by roadway development and existing surrounding development. The site is sparsely vegetated, and isolated, and does not provide significant habitat. The project site is located within the Coachella Valley Multiple Species Habitat Conservation Plan boundary, but is not located in or adjacent to a conservation area. It is located in the fee area, however, and development of the site will require payment of the mitigation fee in place at the time that development occurs. This fee is designed to mitigate impacts to locally sensitive species by allowing the purchase of conservation lands in sensitive habitat areas. Therefore, no impacts associated with biological resources are expected to result from implementation of the proposed project. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as X defined in'l5064.5? (General Plan MEA) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? X (Archaeological Monitoring Report, Miles Avenue Borrow Site, July 2001) c) Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? (General Plan MEA) d) Disturb any human remains, including those interred outside of formal cemeteries? (Archaeological Monitoring X Report, Miles Avenue Borrow Site, July, 2001) a) The proposed project site is currently vacant land. The previous archaeological monitoring program concluded that previous soil removal operations in the project area had No Effect on any historical resources, and that no further historical/archaeological investigations will be necessary. Therefore, the construction of the proposed project will have no impact on historic resources. "Archaeological Monitoring Report, Miles Avenue Borrow Site," prepared by CRM Tech, July, 2001. "Final Report on Archaeological Mitigation of Project Effects to Native American Cremation Found on Parcel Map No. 26860," prepared by CRM Tech, February, 2001.. -15- b) & d) Several cultural resource studies were completed for the subject project site2. The surveys included extensive testing and the excavation of a cremation site. A small number of remains and artifacts were recovered. The work done on the site to date has been comprehensive, but additional resources may be buried within the project area. As a result, to ensure that the potential impacts to cultural resources are mitigated, the following mitigation measure shall be implemented: 1. A qualified archaeological monitor shall be present on site during any earth moving activities. Should the monitor identify a resource, he/she shall be empowered to stop or redirect earth moving activities until such time as the resource can be properly identified and processed. The archaeological monitor shall be required to prepare a report at the end of earth moving activities and file such report with the Planning Department within 30 days of completion of monitoring activities for any building on the project site. c) The project site is located outside the boundary of ancient Lake Cahuilla which is the only locality in the City where potentially significant paleontological resources have been identified. The soils on the vacant acreage are dune sands, which have been deposited on the land in relatively recent times, as a result of Aeolian transport. These soils are not suitable for paleontological resources. Therefore, there will be no impact to paleontological resources as a result of implementation of the proposed project. "Final Report Archaeological testing and Site Evaluation on Parcel Map 26860," prepared by CRM Tech, June, 2000. "Phase I Archaeological Assessment of 54.65 Acres at the Southeast Comer of Washington Street and Miles Avenue," prepared by Archaeological Advisory Group, June, 1999. "Archaeological Monitoring Report, Miles Avenue Borrow Site," prepared by CRM Tech, July, 2001. "Final Report on Archaeological Mitigation of Project Effects to Native American Cremation Found on Parcel Map No. 26860," prepared by CRM Tech, February, 2001. "Final Report Archaeological testing and Site Evaluation on Parcel Map 26860," prepared by CRM Tech, June, 2000. "Phase I Archaeological Assessment of 54.65 Acres at the Southeast Comer of Washington Street and Miles Avenue," prepared by Archaeological Advisory Group, June, 1999. - -16- Potentially Less Than Less Than Significant Significant w/ Significant No Impact Mitigation Impact Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area X or based on other substantial evidence of a known fault? (General Plan MEA Exhibit 6.2) ii) Strong seismic ground shaking? (General Plan MEA Exhibit 6.2) X iii) Seismic -related ground failure, including liquefaction? (General Plan X MEA Exhibit 6.3) iv) Landslides? (General Plan MEA Exhibit 6.4) X b) Result in substantial soil erosion or the loss of topsoil? (General Plan MEA X Exhibit 6.5) c) Be located on expansive soil, . as defined in Table I8-1-B of the Uniform Building Code (1994), creating X substantial risks to life or property (General Plan MEA) d) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the X disposal of waste water? (Project description) a)i. The proposed project is not located within an Alquist-Priolo Earthquake Fault Zone. The site is located approximately 4 miles south of the San Andreas Fault Zone. There will be no impacts associated with fault rupture on the project site. a) ii. The proposed project site is located in a Seismic Zone IV, as defined by the Building Code. As a result, the City implements specially designed building standards which require the reinforcement of structures to withstand strong earthquakes. These -17- standards will be applied to the proposed project, and will assure that impacts associated with ground -shaking are reduced to less than significant levels. a) iii. The project area is not located in an area subject to liquefaction. When the new proposed retirement community submits for grading and building permits, the City will require the submittal of site -specific geotechnical analysis. This analysis will further analyze site soils to assure that foundation design is adequate to support the structures, based on the site -specific conditions. Therefore, impacts associated with liquefaction are expected to be less than significant. a) iv. The proposed project occurs in the northern portion of the City, in an area far removed from the foothills of surrounding mountains. No manufactured hillsides occur in the area. There will be no impact associated with landslides. b) The project area is susceptible to high winds that can cause wind erosion and accumulation. The project will be required to implement a dust control and management plan as part of the grading permit process, which will reduce impacts associated with blowing dust and sand. Once completed, the project will include impervious surfaces and landscaped areas which will stabilize soils. The impacts associated with soil erosion and loss of topsoil will be less than significant. c) The Aeolian soils found on the site are categorized as having a "very low" expansion potential in Table 18-1-B of the 1997 Uniform Building Code. There will be no impacts associated with expansive soils as a result of project implementation. d) The proposed project occurs in an urbanized area of the City where sanitary sewer service is available. As the City will require that the project connect to existing sewer systems, there will be no impacts associated with septic systems. 18- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of X hazardous materials? (Application materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of X hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter X mile of an existing or proposed school? (General Plan MEA, p. 95 ff.) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it X create a significant hazard to the public or the environment? (General Plan MEA, p. 95 ff.) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would X the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a significant risk of loss, injury or death X involving wildland fires, including where wildlands are adjacent to urbanized areas 19- or where residences are intermixed with wildlands? (Wildfire Susceptibility, Riverside County RCIP) _T a) — h) The proposed project will consist of a senior living community, and is not expected to store, use or transport significant hazardous materials, beyond those used for janitorial purposes. In the assisted living and memory care section of the facility, requirements imposed by the State of California and County of Riverside for health care facilities will be implemented if required. Impacts associated with hazardous materials are expected to be insignificant as the project is not located within one -quarter mile of an existing or proposed school, is not located on a site which is included on a list of hazardous materials sites, and not located within the vicinity of a private airstrip. The project site is located on the Valley floor, and is in a highly urbanized area; there will be no impacts associated with wildland fires. 20- Potentially Less Than Less Than Significant Significant w/ Significant No Impact Mitigation Impact Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? (General X Plan EIR p. I1I-87 ff.) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- X existing nearby wells would drop to,a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-87 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would X result in substantial erosion or siltation on - or off -site? (General Plan EIR p. ITI-87 ff.) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the X rate or amount of surface runoff in a manner which would result in flooding on - or off -site? (General Plan EIR p.11I-87 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of X polluted runoff? (General Plan EIR p. III- 87 ff.) f) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation X map? (Master Environmental Assessment Exhibit 6.6) g) Place within a 100-year flood hazard area structures which would impede or X redirect flood flows? (Master 21- Environmental Assessment Exhibit 6.6) a) —b) Domestic water is supplied to the project site by the Coachella Valley Water District (CV WD). The development of the site will result in the need for domestic water service. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures, and a low- to moderate -water use plant palette, which will ensure that the least amount of water is utilized within the community. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. c) — d) The project site is located near the Coachella Valley Storm Water Channel, a regional flood control facility managed by CVWD. The City will allow discharge of storm flows into the Channel, with approval from CVWD, without retention on the site. The project proponent is proposing to implement such a direct discharge on the project site. CVWD has standards and requirements for such discharge to assure that waters are not polluted when they enter the channel, and the project complies with utilization of a settling basin and dry well. These standards will be implemented for the proposed project, assuring that impacts are reduced to a less than significant level. e) — g) The site is not located in a flood zone as designated by FEMA 22- Potentially Less Than Less Than Significant Significant w/ Significant No Impact Mitigation Impact Impact USE AND PLANNING - roject: ly divide an established F (Aerial photo; project X with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general Plan, specific plan, local coastal program, X or zoning ordinance) adopted for the Purpose of avoiding or mitigating an environmental effect? (General Plan Exhibit 2.1) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? General Plan MEA p. X 74 ff.) a) - b) The proposed project will include 124 retirement residences, 72 assisted living residences, and a 32-bed memory care facility on 9.5 gross acres. The units will be built to conform to the Medium High Density Residential zoning requirements, and the proposed density is consistent with the proposed zone. The surrounding area includes a community park, low density residential, a medical center, 129-suite hotel, and restaurant. The project site is currently vacant, and therefore will not divide an existing community. The project's conformance to the General Plan and Zoning Ordinance will eliminate any potential impact with any applicable land use policy, plan or regulation. The project site is located approximately 3 miles south of the Bermuda Dunes Airport. The project site falls within Zone E of the Riverside County Airport Land Use Compatibility Plan Policy Document, which considers residential development below 100 feet in height a compatible use. A less than significant impact is expected. c) The project site is within the boundary of the CVMSHCP, but is not within a conservation area. The proposed project will be required to pay fees in conformance with the CVMSHCP to assure consistency with the Plan. There will be no conflict with the Plan. -23- X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff., Special Report 198, CA Geological Survey) b) Result in the loss of availability of a locally -important mineral resource Potentially I Less Than Less Than Significant Significant w/ Significant No Impact Mitigation Impact Impact 0 recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental X Assessment p. 71 ff., Special Report 198, CA Geological Survey a) & b) The proposed project site is located in Mineral Resource Zone MRZ-1, which indicates that no resources occur. There will be no impact to mineral resources as a result of the proposed project. -24- Potentially Less Than Less Than Significant Significant w/ Significant No Impact Mitigation Impact Impact XI. NOISE -Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards X Of other agencies? (General Plan MEA p. I11 ff.) b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? (General Plan X MEA p. 1 I 1 ff.) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X project? (General Plan MEA p. I I I ff.) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA X P. I I I ff.) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing X or working in the project area to excessive noise levels? (General Plan MEA p. I I I ff.) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General X Plan MEA p. I 1 I ff.) a), b), & d) The proposed project includes the development of retirement, assisted living, and memory care units. Units that face Seeley Drive, Miles Avenue, and Washington Street beyond, may experience elevated noise levels associated with traffic; however proper noise attenuation measures, such as use of double pane windows, HVAC/PTAC units, and proper insulation, will provide for reduced noise levels. To determine which methods are necessary, the City requires the preparation of design -specific noise analysis, which is submitted with building plans. This analysis will include recommendations for construction of the units to assure that interior noise levels do not exceed City standards. Therefore, exposure of persons to or generation of noise levels in 25 excess of standards established in the local general plan or noise ordinance will be less than significant. Construction activity may increase ambient noise levels in the vicinity, including those caused by groundbome noise and vibration. Nearby residents may experience short periods of elevated noise levels, but these will occur during the less sensitive daytime hours, and will be temporary and periodic. Construction noise will be regulated by the La Quinta Municipal Code, which restricts construction activity to daytime hours. with the imposition of the City's construction noise standards, impacts are expected to be less than significant. c) The proposed residential project will cause a slight increase in noise levels associated with the running of HVAC/PTAC units, traffic entering and leaving the site, and noises associated with residential living, which will likely marginally increase permanent ambient noise levels above existing conditions without the project. The project site is located in an urbanized area, however, and ambient noise levels associated with the Project are expected to be similar to those experienced in surrounding residential developments. Therefore, permanent increases in ambient noise levels are expected to be less than significant. e)-f) The project site is located approximately 3 miles south of the Bermuda Dunes Airport. The project site does not fall within any elevated noise contour areas. Therefore, there will be no impact associated with airport noise. -26- XIL POPULATION AND H SUO�ING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads I er infrastructure)? (General Plan., application materials) b) Displace substantial nuf existing housing, necessite construction of replacemengelsewhere? (Application materic) Displace substantial nufpeople, necessitating the constfreplacement housing e? (Application materials) Potentially Less Than Less Than Significant Significant w/ Significant NO Impact Mitigation Impact Impact KI M a) - c) The population increase resulting from the additional residents of the proposed community is minimal, and the project will provide a beneficial impact to the community by providing senior housing. The project is consistent with the proposed General Plan land use designations, and therefore has been calculated and accounted for as part of the build out population. The project is proposed in an already urbanized area, and no additional infrastructure improvements that have the potential to induce growth, such as expanded roads, are needed for the proposed project. Therefore, the project will have no impact in regards to inducing substantial populations. The site is currently vacant, and development will displace no one. _27- XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts in order to maintain acceptable servi, ce ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA) Police protection? (General Plan MEA) Schools? (General Plan MEA) Parks? (General Plan MEA) Potentially Less Than Less Than Significant Significant w/ Significant No Impact Mitigation Impact Impact X M It Oth MEA) erpublic facilities? (General Plan X A) X a) Buildout of the site will have a less than significant impact on public services. The Proposed project will be served by the County Sheriff and Fire Department, under City contract to the City. Buildout of the proposed project will generate property tax which will offset the costs of added police and fire services, as well as the costs of general government. The community will primarily be occupied by senior citizens. Senior housing projects do not generate a demand for schools. Therefore, the project will be exempt from the payment of school fees, and will have no impact on schools. The project will be required to pay the City's park fees for development of off -site park facilities. The proposed community will generate a marginal need for parks. However, the project includes recreational facilities, in the form of community common areas, pool area, walking paths, and other recreational amenities, which will address the majority of the needs of the residents. In addition, the City implements Quimby Act requirements, which will require the payment of lieu fees for the purchase of park lands. The added population will not significantly impact existing City parks. 28- Potentially Significant �V• RECREATION -- J� Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Project Description) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Project Description) Less Than Less Than Significant w/ Significant Mitigation Impact X X No Impact a) & b) The addition of the retirement community will increase the Ci 's residents will increase the demand for the tY Population. These which marginally. The proposed project, however, will includexon-sie recreational facilities development. Thus, mpactsaassociated willalso recreational onalefacilities are expected to less than significant. for off -site park be -29- XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Centre Pointe Updated Trip Generation & Travel Analysis, September 27, 2011) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Centre Pointe Updated Trip Generation & Travel Analysis, September 27, 2011) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project description) e) Result in inadequate emergency access? (Project description) f) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g, bus turnouts, bicycle racks)? (Project description) Potentially Less Than Less Than Significant Significant w/ Significant No Impact Mitigation Impact Impact X M X G4 M X a) - b) The City's Public Works Department analyzed the project's potential impacts on surrounding roadways, as required by the City's traffic impact analysis policies, and had no comment. The Updated Trip Generation & Travel Analysis Review' submitted by the applicant concluded an increase of 32 trips per day from the previously -approved traffic impact analysis for the Centre Pointe commercial developmene. The previous study found that all surrounding streets would operate at an acceptable Level of Service, and an increase resulting from this proposed project would not significantly affect these levels. Therefore, the addition of the proposed project will have a less than significant impact roadway capacity or level of service. -30- c) The project is located 3 miles south of the Bermuda Dunes Airport. The proposed project will have no impact on the airport, or on air traffic patterns at the airport. d) The proposed project will be accessed from an existing street, Seeley Drive. All interior driveways and ingress/egress roads will be designed to meet City sight standards, and provide safe access onto to Seeley Drive. No design hazards will be created by the proposed project. e) Emergency access to the project will occur from two points on Seeley Drive. Implementation of the proposed project will have no impact on emergency access. f) SunLine Transit Agency operates bus service along Miles Avenue, located north of the project site. No change in service is expected, so the new residents will continue to have access to transit services in close proximity to the project site. The proposed project will have no impact on alternative transportation. Centre Pointe Updated Trip Generation & Travel Analysis, September 27, 2011 Centre Pointe Updated Trip Generation & Travel Analysis, January 20, 2003 -31 Potentially Less Than Less Than Significant Significant w/ Significant No Impact Mitigation Impact Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General X Plan MEA, p. 58 ff.) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could X cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause X significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or X are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's X projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) I) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local statutes and regulations related to solid X waste? (General Plan MEA, p. 58 ff.) a), b), d), e) The proposed project will have no impact on wastewater treatment requirements. The retirement community will marginally increase the demand on wastewater treatment 32- facilities. However, CVWD has capacity at its plants, and operates within the requirements of the Regional Water Quality Control Board. No impact is expected. The proposed project adjoins to existing water and wastewater lines. The addition of the proposed community will not significantly increase the demand for water or wastewater treatment, and CVWD has indicated in its management plan documents that it has water available to serve the build out needs of the City. There will be no need for additional facilities. c) The City will allow discharge of storm flows into the Coachella Valley Storm Water Channel, with approval from CVWD, without retention on the site. The project proponent is proposing to implement such a direct discharge on the project site. CVWD has standards and requirements for such discharge to assure that waters are not polluted when they enter the channel. These standards will be implemented for the proposed project, assuring that impacts are reduced to a less than significant level. Also please see Hydrology section, above. 0 & g) The City contracts for solid waste disposal with Burrtec, a private contractor. Burrtec transports solid waste generated throughout the City to a transfer station on Edom Hill, west of the City. From that point, solid waste is transported to the Lambs Canyon Landfill. This landfill has capacity to serve the proposed project, and three additional landfills are available to accommodate solid waste in the future. Burrtec is required to comply with all regulations regarding the proper disposal of solid waste. This includes the disposal of household hazardous waste, which is handled through community events, or through the ABOP facility located in Palm Springs. The development of the retirement community will only marginally increase the waste stream. The project will include recycling facilities and programs to assure that the amount of solid waste transferred to local landfills is minimized. No impact is expected. 33 - Potentially Less Than Less Than Significant Significant w/ Significant No Impact Mitigation Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a X plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of X past projects, the effects of other currentprojects, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either X directly or indirectly? 9 a) The site has the potential to impact cultural resources. The mitigation measures included in this Initial Study, however, will reduce these potential impacts less significant levels. to than Development of the proposed project will occur on a site that has previously been partially developed and that does not provide significant native habitat. The City is a "Pernrittee" of the Coachella Valley MSHCP, and therefore requires new development to pay mitigation impact fees used to protect and conserve important species and habitat throughout the Valley. The project will be required to pay mitigation fees in conformance with the MSHCP. Impacts related to wildlife habitat and species are expected to be less than significant. b) The proposed project will provide a variety of housing types for City residents, meeting the City's short and long-term General Plan goals and policies. The project will be developed in an urbanized area, as well as on a site that already has been disturbed, and -34- will take advantage of existing infrastructure. Therefore, there will be no impact in regards to meeting short-term at the expense of long-term goals. c) The project will have minimal cumulative impacts on environmental resources. The project will have minimal"impacts on air quality, hazards, utilities and public services, however these were found to be less than significant. d) Human beings will not be significantly impacted by the proposed project. The City will impose standard requirements for dust management plans, noise and geotechnical studies for the construction of the project. These studies, and their recommendations, in addition to mitigation measures, will assure that impacts to human beings are less than significant. -35- XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tierin Process, one or more eg, program EIR or other CEQA effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. General Plan EIR, 2002. Environmental Assessment 2001-436 b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measure earlier analysis. s based on the Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. 36 - «)§ « 2§§k � o 0 } \ \ / \\ ° •} \ // \ � , ) }0 § k \ (§ } \� �- 5»/g (§�)\ eq ell \ ©\ 7UUF1 2 kk § z f§ (\ q� cu w$ j . \k uU . § .. \ 2 u j ( r ƒ ± � k§ \� � d � 0 ]) 0 /�2 ®\` » ) o- __� lam;97a4Ea!§ e)))\ _ i;{; ,:7=m ■�� /�a= ,qua e})\� °~ ' kk) o / f / / § ,23 ,2 ®� ;\)\ \])\(}§\-9om,oi -� 7=e: ,}\{ )_ 00 m j)±/ / d� ■� \� § . �m 7}k 2 -� u );§ /]) 2 § _ \ _ . ] 3 E_ �k \ 2§. a d { ;w-u0§=ol— ;b9 ■�@ ]B§±!/�Q;;J)) �«°la2),22 > )/ \\\\\�j\\\(\\ ae H PLANNING COMMISSION RESOLUTION 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC CASE: DEVELOPMENT AGREEMENT 2003-006 AMENDMENT 4 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 25" day of September, 2012, hold a duly noticed Public Hearing to consider an amendment to a Development Agreement by and among the City of La Quinta and CP Development La Quinta, LLC for property located at the southeast corner of Washington Street and Miles Avenue; and WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2011-617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 14, 2012 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following Mandatory Findings to justify a recommendation to the City Council for approval of said Development Agreement Amendment: 1. The proposed Development Agreement Amendment is internally consistent with the goals, objectives, and policies of the General Plan and Specific Plan 2001-055, Amendment 4, in that it will result in promoting residential development in a controlled and logical manner that is compatible with the neighborhood. Planning Commission Resolution 2012- Development Agreement 2003-006 Amendment 4 Page 2 2. The land uses authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations applicable to the property. 3. The proposed Development Agreement Amendment conforms with the public convenience and general welfare by providing for extensive public improvements and conforms to good land use practice by encouraging a long-range comprehensive approach to development of the site. 4. Approval of this Development Agreement Amendment will not be detrimental to the health, safety and general welfare since adequate provisions have been made in previous City approvals to provide for necessary and desirable improvements which are incorporated herein. 5. Approval of this Development Agreement Amendment will not adversely affect the orderly development of the subject or surrounding properties nor preservation of area -wide property values, but rather will enhance them by encouraging planned -phased growth. 6. Consideration of this Development Agreement Amendment has been accomplished pursuant to California Government Code Section 65864 at seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. 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 it does hereby recommend to the City Council approval of Development Agreement, Amendment 4 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 251" day of September, 2012, by the following vote to wit: AYES: NOES: Planning Commission Resolution 2012- Development Agreement 2003-006 Amendment 4 Page 3 ABSENT: /e1� 1f-'lI�9 KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California imw ', \ U TAN C"ISA �w.r'. ABigoo LeMoine-Bui, f _ ^"`7l. Direct DL4: (714) t 4658 - RUTAN STOCKER, LLP E-mail: alemoxlk-�*@111!4 oom r o Fr1 m -n -a C> x— m <in T- < May 4, 2012 C � v A ➢ G) rn 'i Susan Maysels Interim City Clerk City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Agreements with La Quinta Retirement Residence Limited Partnership Deaf' Susan: Enclosed please find the following documents which have been executed by CP Develop- ment La Quinta, LLC and La Quinta Retirement Residence Limited Partnership: 1. Assignment and Assumption Agreement 2. Amendment No. 4 to Development Agreement 3. Amendment No. 7 to Disposition and Development Agreement Prior to the City's execution, this item needs to be scheduled for City Council consideration at an upcoming meeting. The City Manager should not execute the documents until we have received Council approval. Thank you for your attention to this matter. Very truly yours, RUTAN & TU KER LLP NZ904___� ette Hollmer Secretary to Allison LeMoine-Bui Enclosures 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626 - PO Box 1950, Costa Mesa, CA 92628-1950 1 714.641.5100 1 Fax 714.546.9035 Orange County I Palo Alto I www.rutan.com EVAI5610-0061 3324620.1 a05WZ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta P.O. Box 1504 LA Quinta, CA 92247 c uw, Attn: City alter Jp= move rlus une for ttecuraer s use (Exempt From Recording Fee per Gov't Code § 27383) ASSIGNMENT AND ASSUMPTION AGREEMENT This, ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment") is entered into this _ dayof 2012, by and between CP DEVELOPMENT LA QUINTA, LLC, a California limited liability company ("Assignor") and LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNER- SHIP, a Washington limited liability company ("Assignee") with reference to the following: A. Assignee is the owner in fee simple of certain property located at the southeast corner of Miles Avenue and Washington Street in the City of La Quinta, California (Parcel B"). Parcel B is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. B. Assignee acquired Parcel B from Assignor, on or about July 1, 2011, for the purpose of constructing thereon (i) a one hundred twenty-four (124) suite retirement community located in five (5) single -story duplex cottages, (ii) a seventy-two (72) suite assisted living community, and (iii) a thirty-two (32) bed memory care facility (collectively, the "Senior Living Facility.") . C. Assignor originally acquired Parcel B, along with certain adjacent real property (collectively, the "Center Pointe Property"); from the former La Quinta Redevelopment Agency ("Agency") pursuant to the terms of that certain Disposition and Development Agreement dated on or about December 18, 2003 ("Original DDA"), as amended on or about October 28, 2004, on or about December 7, 2004, on or about November 2, 2005, on or about October 20, 2006, on or about August 23, 2007, and on or about March 19, 2008 (collectively the "DDA Amendments"). The Original DDA, as modified by the DDA Amendments, is hereinafter referred to as the "DDA". D. Concurrently with the execution of the Original DDA, the Agency and Assignor entered into that certain Development Agreement, which was recorded in the Official Records of the County Recorder for the County of Riverside ("Official Records") on January 5, 2004 as Instrument No. 2004-0005256, and amended by that certain' Amendment No. 1 to Development Agreement executed on or about October 28, 2004 and recorded in the Official Records on November 8, 2004 as Instrument No. 2004- 0885063that certain Amendment No. 2 to Development Agreement executed on or about November 17, 2005 and recorded in the Official Records on December 19, 2005 as 88=15610-0061 3112529.1 404MI12 instrument No. 2005-1045418, and that certain Amendment No..3 to Development Agreement executed on or about May 6, 2008 and recorded in the Official Records on June 4, 2008 as Instrument No. 2008-0303530 (as amended, the "Development Agreement.") E. Pursuant to the terms of the DDA and the Development Agreement, the Center Pointe Property is to be used for a mixed use development project (the "Project"), with Parcel B designated for a residential development that includes an affordable housing component (the "Original Residential Component"). F. On June 28, 2011, the Governor signed Assembly Bill 26 ("ABx1 26") and Assembly Bill 27 ("ABxl 27") from the 2011-12 First Extraordinary Session of the California Legislature. ABxl 26 immediately suspended all redevelopment agency activities,. except continued performance of "enforceable obligations," and set forth a process to dissolve redevelopment agencies and end redevelopment in California. ABxl 27 provided a "voluntary alterative redevelopment program," which would have allowed redevelopment agencies to remain in existence and continue redevelopment, if remittance payments were made to cover the State of California's budget shortfall for fiscal year 2011-12 and were made in subsequent fiscal years to cover State costs. A lawsuit was filed, challenging the constitutionality of both ABxl 26 and 27. The California Supreme Court upheld the constitutionality of ABxl 26, revising the effective dates of certain provisions, and struck down as unconstitutional ABxl 27. (California Redevelopment Assn. v. Matosantos (2011) 53 Ca1.4`h 231 ("CRA Case"). ABxl 26 is chapter 5, Statutes 2011, First Extraordinary Session, which added Part 1.8 (suspension provisions) and Part 1.85 (dissolution provisions) of Division 24 of the Health and Safety Code. Under the CRA Case, all redevelopment agencies dissolved February 1, 2012. Pursuant to Health and Safety Code section 341710), added by Part 1.85 of Division 24, and City Council Resolution No. 2012-002, the City of La Quinta ("City") is the "Successor Agency" to the former La Quinta Redevelopment Agency. G. The City, in its capacity as Successor Agency to the former Agency, and Assignee, have negotiated and entered into, or are entering into concurrently with this Assignment, (i) that certain Amendment No. 7 to Disposition and Development Agreement, and (ii) that certain Amendment No. 4 to Development Agreement (collectively, the "DDA/DA Amendments"), pursuant to which each of the DDA and Development Agreement would he modified to omit the Original Residential Component and add the Senior Living Facility. The effectiveness of the DDA/DA Amendments is conditioned on the execution and recordation of this Assignment. H. Assignor now desires to transfer to Assignee all of Assignor's rights and responsibilities under the DDA and the Development Agreement to the extent that such rights and responsibilities relate to Parcel B and to the development of the Senior Living Facility. NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 882MI5610-OD61 -2- M12529.1 a04105/12 - 1. Assignor hereby assigns to Assignee all of Assignor's rights and responsibilities under the terms of the DDA and the Development Agreement with respect to Parcel B and the Senior Living Facility from and after the "Effective Date" (as that term is defined in Section 4 below) of this Assignment (collectively, the "Assigned Rights and Obligations".) 2. Assignee hereby accepts the foregoing assignment of the Assigned Rights and Obligations, and agrees to be bound by the terms of the DDA and the Development Agreement with respect to Parcel B and the Senior Living Facility. 3. The parties hereto acknowledge and agree that Assignee shall not be responsible for any of the obligations of the DDA or the Development Agreement which arise from ownership of any portion of the Center Pointe Property which arise prior to the Effective Date hereof, or which arise from any portion of the Center Pointe Property other than Parcel B after the Effective Date hereof. As such, a default by Assignor under either the DDA or the Development Agreement prior to the Effective Date hereof, or with respect to any portion of the Center Pointe Property other than Parcel B after the Effective Date hereof ("Assignor's Default') shall not be deemed a default by Assignee, and Assignor shall indemnify, defend and hold harmless Assignee from any and all losses, claims or liability, including without limitation reasonable attorneys' fees and costs, arising from an Assignor's Default. A default by Assignee under either the DDA or the Development Agreement with respect to Parcel B after the Effective Date hereof ("Assignee's Default") shall not be deemed a default by Assignor, and Assignee shall indemnify, defend and hold harmless Assignor from any and all losses, claims or liability, including without limitation reasonable attorneys' fees and costs, arising from an Assignee's Default. 4. This Assignment shall be deemed effective upon the written consent to this Assignment by the City (herein referred to as the "Effective Date"). 5. Except as otherwise described in paragraph 4 above, the parties hereto each warrant and represent that they have taken all necessary corporate action to authorize the execution and performance of this Assignment and that the individuals executing this document on behalf of the parties are authorized to do so, and by doing so, create binding obligations as described herein of the party represented. 6. This Assignment shall be governed by the internal laws of the State of California, without regard to conflict of law principles. 7. This Assignment may be executed in counterparts, each of which, when this Assignment has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. [End — Signature page follows] MM15610-0061 3112529.1 04M12 -3- WHEREFORE, the parties hereto have executed this Assignment on the date first written above. «signor^ CP DEVELOPMENT LA QUINTA, LLC, a California limited liability company By: Oliphant Family Trust Its: Member By: Richard R. Oliphant Its: Trustee By: Oliphant Enterprises, Inc. Its: Manager By: Richard R. Oliphant Its: President "Assignee" LA QUINTA RETIREMENT RESIDENCE LEWTED PARTNERSHIP, a Washington limited partnership By: La Quinta GP LLC, a Washington limited liability company Its: General Partner By: Hawthorn Management Services Corp., a Washington corporation Its: Manager By: Barton G. Colson Its: President 8820166100061 3112529.1 a011O 2 State of California ) County of Riyef6idt, On ¢% 9'— /ci— . before me, (9-1 g6bi 6 / ca z , Notary Public, Ina same and dde o tbe officer) oersonallv aDDeared Ri C a,,/ (/// vh who proved to me on the basis of satisfactory evidence tb be the person(4 whose name ir' iskAo-subscribed to the within instrument, and acknowledged to me that he/shoWzy executed the same in hislhm4kir authorized capacity(ies), and that by his/hetftheir signature(s) on the instrument the personal, or the entity upon behalf of which the personWacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hanand official seal. GLAM Commiss Noney Pu Rivers Signature Comm. E (seal) State of California ) County of ) On before me, Notary Public, (hero insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) e8w15610-Ml 3112529.1 a0005/12 -5- WHEREFORE, the parties hereto have executed this Assignment on the date first written above. "Assignor" CP DEVELOPMENT LA QUINTA, LLC, a California limited liability company By: Oliphant Family Trust Its: Member By: Richard R. Oliphant Its: Trustee By: Oliphant Enterprises, Inc. Its: Manager By: Richard R. Oliphant Its: President "Assignee" LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNERSHIP, a Washington limited partnership By: La Quinta GP LLC, a Washington limited liability company Its: General Partner By: Hawthorn Management Services Corp., a Washington corporation Its: Manager By: Barton G. Colson Its: President 882/015610-0061 _ 3112529.1. aMO5112 _4 State of California ) County of ) . On before me, Notary Public, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) State of C�li€errae ) County of C PK ) On &V,, I 1$4t� �o I a , beforeme, Notary' Public, (here insert name and title of the officer) personally appeared FZI/ 40Y-t n who proved to me on the basis of satisfactory evidence to be the perso whose name,(s) is/aee subscribed to the within instrument, and acknowledged to me that he/slaeltltey executed the same in his/lrerA k is authorized capacity(ies), and that by his/h*94wir signaturg�&ron the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that th foregoing paragraph is true and correct. EF A R Y PUB L I C WITNESS my hand and officials al. E OF WASHINGTON 081N R. GOINS Signature d;AND ionEspiresSeptember26,?A15 (seal) asaotsetomst 3112529.1 a0403/12 CONSENT By execution below, the City, in its own capacity and in its capacity as the Successor Agency to the former La Quinta Redevelopment Agency, hereby (i) consents to the foregoing Assignment, and (ii) releases CP from any further obligations under the DA or DDA with respect to Parcel B and the Senior Living Facility. CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the laws of the State of California Date: 2012 By: City Manager ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP By: M. Katherine Jenson, City Attorney CITY OF LA QUINTA, a California municipal corporation and charter city, as Successor Agency to the former La Quinta Redevelopment Agency 2012 By: City Manager ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP By: M. Katherine Jenson, City Attorney 89=156104061 6_ 3112529.1 a0ao5112 I V#.*Vw II3111fii:Vi LEGAL DESCRIPTION OF PARCEL B Real property in the C1ty of La Qulnta, County of Riverside, State of California, described as . foilom: PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO.2006-452 AS EVIDENCED BY 6666MENT RECORDED APRIL 19, 2006 AS INSTRUMENT NO.2006-0280726 OF OFFICIAL RECORIOS, PEMG MORE PARTICULARLY DESCRIBED AS FOLLOWS: IN THE C11Y OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CAUFDRNIA, PARCEL 8 TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO, 31116, AS SHOWN BY MAP ON FILE IN BOOK 212, AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS; BEING IN THE SOUTH HALF OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS. - BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 8; THENCE ALONG THE SOUTHEASTERLY, EASTERLY AND NORTHERLY BOUNDARY LINES OF SAID PARCEL 8 THROUGH THE FOLLOWING FIVE (5) COURSES: (1) NORTH 430 5V 44" EAST, A DISTANCE OF 15165 FEET,• ,(2) THENCE NORTH 000 12' 13" WEST, A DISTANCE OF 790.73 FEET; (3) THENCE SOUTH 890 47' 4T' WEST, A DISTANCE OF 239.56 FEET TO THE BEGINNING OF A. TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING.A RADIUS OF 80.00 FEET; (4) THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 450 2741", AN ARC DISTANCE OF 63.48 FEET; (5) THENCE TANGENT TO SAID CURVE NORTH 440 W 32- WEST, A DISTANCE OF 91,61 FEET TO THE BEGMNING,OF A NON TANGENT CURVE, CONCAVE. NORTHWESTERLY, HAVING A RADIUS OF 440.00 FEET, A RADIAL LINE PASSWG THROUGH SAID POINT BEARS SOUTH 490 W 37" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 8 AND ALONG THE NORTHERLY LINE OF SAID PARCEL 7, THROUGH A CENTRAL ANGLE OF 230 54' 450, AN ARC DISTANCE OF'183.63 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 840.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 25011` 52" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 7, THROUGH A CENTRAL ANGLE OF 040 02' 08", AN ARC DISTANCE OF 59.16 FEET TO THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL 7; THENCE ALONG THE WESTERLY LINES OF SAID PARCEL 7 THROUGH THE FOLLOWING THREE (3) COURSES: (1) SOUTH 160 39' 14" EAST AND NON TANGENT TO LAST SAID CURVE, AS DISTANCE OF 55.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 250.00 FEET, (2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 200 41' 22", AN ARC DISTANCE OF 90.27 FEET; (3) THENCE TANGENT TO SAID CURVE SOUTH 040 02' 08" WEST, A DISTANCE OF 333.46 FEET TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 8; THENCE LEAVING SAID WESTERLY LINES OF PARCEL 7 AND ALONG SAID PROLONGATION AND SAID SOUTHWESTERLY LINE OF PARCEL 8, SOUTH 50019 13" EAST, A DISTANCE OF 592.88 FEET TO THE POINT OF BEGINNING. ti EXCEPTING THEREFROM AGENCY EXCEPTS AND RESERVES FROM THE CONVEYANCE, HEREIN DESCRIBED ALL INTEREST OF THE AGENCY IN OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (SOD) FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE AND OCCUPY ALL PARTS OF THE PROPERTY LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE THEROF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM SAID PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE PROPERTY OR ANY PORTION THEROF WITHIN FIVE HUNDRED (S00) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR TO USE THE PROPERTY IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENIOYMENT OF THE PROPERTY, AS RESERVED IN THE DEED FROM LA QUINTA REDEVELOPMENT AGENCY, RECORDED DECEMBER 09, 2004 AS INSTRUMENT NO.04.979137 . OF OFFICIAL RECORDS. APN: 604-63D-027-6 882/015610-0061 3112529.1 aO4/05/12 -2 SEE SHEET 2 FOR _ ANNOTATION TABLES r r l AND NOTES R1 ,�' , ,'cQ�y„_ PARCEL S C ao 74 i/66 tit % DETAIL 'A' ap PARCEL W D WSAMft FOMENT 0WARTMERI ®�/ J _ �DATE 411+k P RCM E Rti ` X ]BIT 6-1 C/J L10 A ENO. 'Ga?b ��$ T/� D��VF' 12/�' R1 70* LESS A F $ J CE55 R10 A PARCEL S I' c/L so, ACCESS l0T LINE TO BE DELETED A I �g PARCEL •B' w 2i �sTRwN 6'�' I PARCEL 8 R7 DEDICATED HEREON PARCEL 'A• I NEW ADJUSTED c �. $8. 13.51S AQ. LOT LINE a RE 5 R4 S ,J LOT `E' LOT LINE TO BE DELETED LOT s9 RJ R14 PARCEL T. yry� SEE DETAIL 'A' Rl AT UPPER LEFT ay R2 . SCALE: 1." = 200. - ME ORL6a% 4wa MSACONSULTING, INO. LEa>�uo Mmmmo; &= 6: ASSOCULTBS. WC.� EXISTING LOT LINE TO BE DELETED — ft m F Cm lllr a • "m 8•xvama EXISTING LOT LINE TO RE" SOAR Boo Elm Dna • RADam bl 4 a CA 922T0 NEW ADJUSTED LOT LINE- TeTaeaoca C160 320M • F" (760) 323.7M RESTRICTED ACCESS sNEET 1 of 2 J.N. 1612 PER PNB 212/60-80 . - 887/015610-Ml 3112529.1 a04R5l12 -3- '.. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Attn: CitvClerk. Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 27383) AMENDMENT NO.4 TO DEVELOPMENT AGREEMENT This AMENDMENT NO.4 TO DEVELOPMENT AGREEMENT ("Amendment No. 4") is made and entered into as of , 2012 ("Effective Date") by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and'existing under the Constitution of the State of California (the "City"), and LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNERSHIP, a Washington limited liability company ("Developer"). RECITALS: A. On or about December 18, 2003, the former La Quinta Redevelopment Agency ("Agency") and CP Development La Quinta, LLC, a California limited liability company (the "Original Developer"), entered into that certain Disposition and Development Agreement (the "Original DDA"), pursuant to which the. Agency sold to the Original Developer that certain real property located southeast of the Miles Avenue and Washington Street intersection in the City of La Quinta, California 92253 (the "Site"), and the Original Developer agreed to construct, complete, and operate thereon a commercial project containing a medical officetsurgical facility, a development containing sanctuary villas, a mid -price suites hotel, a resort -style condominium/casitas development, two (2) sit-down restaurants, and two (2) single-family residential developments, with forty (40) of the single-family homes restricted for sale to income -eligible buyers at restricted sales prices (collectively, the "Original Project"). B. The Original DDA has been amended on six (6) occasions, on or about October 28, 2004, on or about December 7, 2004, on or about November 2, 2005, on or about October 20, 2006, on or about August 23, 2007; and on or about March 19, 2008 (collectively, the "Prior DDA Amendments'). The Original DDA, as amended by the Prior DDA Amendments, is hereinafter referred to as the "DDA," and the Original Project, as amended by the Prior DDA Amendments, is hereinafter referred to as the "Project " C. Concurrently with the execution of the Original DDA, the City and the Original Developer entered into that certain Development Agreement dated December 18, 2003, and recorded against the Site on January 5, 2004, as Instrument No. 2004-0005256, in the .Official Records of the County of Riverside (the "Official Records"), for among other purposes, ea2m15610o061 3127303.1so4,vs/12 identifying the terms, conditions, and regulations for the construction of the Original Project (the "Original Development Agreement"). D. City and the Original Developer have previously amended the Original Development Agreement on three (3) occasions for purposes, of modifying the Original Development Agreement consistent with the Prior DDA Amendments, as follows: (i) on or about October 28, 2004, City and the Original Developer entered into that certain Amendment No. 1 to Development Agreement, which was recorded in the Official Records on November 8, 2004, as Instrument No. 2004-0885063, (ii) on or about November 17, 2005, City and the Original Developer entered into that certain Amendment No. 2 to Development Agreement, which was recorded in the Official Records on December 19, 2005, as Instrument No. 2005-1045418, and (iii) on or about May 6, 2008, City and the Original Developer entered into that certain Amendment No. 3 to Development Agreement, which was recorded in the Official Records on June 4, 2008, as Instrument No. 2008-0303530 (collectively, the "Prior Development Agreement Amendments"). The Original Development Agreement, as amended by the Prior Development Agreement Amendments, is hereinafter referred to as the "Development Agreement." E. On or about April 4, 2005, Parcel Map No. 31116, in the City of La Quinta, was filed in the Official Records of the County of Riverside in Book 212 of Parcel Maps at pages 60- 66, inclusive (the "Parcel Map"). The Parcel Map created legal parcels within the Site, including but not limited to "Parcel 8," which was originally designated for development of. a sixty (60) unit single family residential development, and "Parcel 6" and "Parcel 7," which were originally intended for development of medical office buildings. Pursuant to Lot Line Adjustment No. 2006-452, processed through the City by the Original Developer, said "Parcel 6," "Parcel 7," and "Parcel 8" were merged into "Parcel A" and "Parcel B." F. On or about July 1, 2011, CP sold and Developer purchased "Parcel B" for the purpose of Developer's construction thereon of (i) a one hundred twenty-four (124) suite retirement community located in five (5) single story duplex cottages, (ii) a seventy-two (72) suite assisted living community, and (iii) a thirty-two (32) bed memory care facility (collectively, the "Senior Living Facility"). "Parcel B". is legally described in Exhibit "A", which is attached hereto and incorporated herein by this reference. G. On June 28, 2011, the Governor signed Assembly Bill 26 ("ABxl 26") and Assembly Bill 27 ("ABxl 27") from the 2011-12 First Extraordinary Session of the California Legislature. ABxl 26 immediately suspended all redevelopment agency activities, except continued performance of "enforceable obligations," and set forth a process to dissolve redevelopment agencies and end redevelopment in California. ABxl 27 provided a `voluntary alternative redevelopment program," which would have allowed redevelopment agencies to remain in existence and continue redevelopment, if remittance payments were made to cover the State of -California's budget shortfall for fiscal year 2011-12 and were made in subsequent fiscal years to cover State costs. A lawsuit was filed, challenging the constitutionality of both ABx1 26 and 27. The California Supreme Court upheld the constitutionality of ABxl 26, revising the effective dates of certain provisions, and struck down as unconstitutional ABxl 27. (California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4a' 231 ("CRA Case"). ABxl 26 is chapter 5, Statutes 2011, First Extraordinary Session, which added Part 1.8 (suspension provisions) and Part 1.85 (dissolution provisions) of Division 24 of the Health and Safety Code. Under the CRA 19MI56100061 3127303.1 a04105n2 -2- Case, all redevelopment agencies dissolved February 1, 2012. Pursuant to Health and Safety Code section 34171(j), added by Part 1.85 of Division 24, and City Council Resolution No. 2012-002, the City is the "Successor Agency" to the former La Quinta Redevelopment Agency. H. Concurrently herewith, Developer has submitted and the City has processed, an amendment to the Center Point Specific Plan, also known as Specific Plan No. SP2001-055, as previously amended (the "Specific Plan"), to modify the uses permitted on certain portions of the Site (the "2011 Specific Plan Amendment"), and (ii) the Developer has submitted to the City, as the Successor Agency to the Agency, for approval, that certain Amendment No. 7 to Disposition and Development Agreement ("Amendment No. 7 to DDA") to modify the residential component of the Project to provide for the development of the Senior Living Facility. I. The City and Developer now desire to amend the Development Agreement to modify the description of the Project and certain obligations of the Developer set forth therein. The parties contemplate that, concurrently with the City Council's consideration of this Amendment No. 4, the City Council will consider the 2011 Specific Plan Amendment and, in its capacity as the Successor Agency to the Agency, Amendment No. 7 to DDA. J. The City Council has determined that this Amendment No. 4 is consistent with the City's General Plan and the Specific Plan, as amended by the 2011 Specific Plan Amendment, including the goals and objectives thereof. K. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. L. On 2012, the City Council adopted its Ordinance No. approving this Amendment No. 4. Unless otherwise specified herein, all capitalized terms in this Amendment No. 4 shall have the meaning ascribed in the Development Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Development Agreement is hereby amended as follows: 1.1 To replace Section 3.1(C) with the following: (C) a retirement living facility ("Senior Living Facility"), to be constructed on Parcel B of Lot Line Adjustment No. 2006-452 in the City of La Quinta; with (i) a 124-suite retirement community located in five single -story duplex cottages; and 88]A 61 31zn03ro.1 .1 sa44rovlz-3- (ii) a 72-suite assisted living community; and (iii) a 32-bed memory care facility; 2. This Amendment No. 4 shall not be effective unless and until (i) the City, in its capacity as the Successor Agency to the Agency, has approved Amendment No. 7 to DDA, and City and Developer have executed Amendment No. 7 to DDA, and (ii) Developer and the Original Developer have executed an assignment and assumption agreement, in a form approved by the City Attorney, pursuant to which the Original Developer assigns to the Developer and the Developer assumes from the Original Developer all of the Original Developer's, rights and obligations under the DA with respect to Parcel B and the Senior Living Facility. 3. Except as otherwise expressly provided in this Amendment No. 4, all of the terms and conditions of the Development Agreement shall remain in full force and effect. 4. In'the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Amendment No. 4, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its. expert witness fees and reasonable attorney's fees. 5. This Amendment No. 4 shall be construed according to.its fair meaning and as if prepared by both parties hereto. 6. This Amendment No. 4 shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 4. Service of process on City shall be made in accordance with California law. Service of process on. Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 7. Time is of the essence of this Amendment No. 4 and of each and every term and provision hereof. 8. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by both City and Developer. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 9. Signatures of the parties transmitted by facsimile shall be deemed binding. However, each party agrees to submit their original signature to the other party within five (5) business days after execution hereof. 10. This Amendment No. 4 may be executed in counterparts, each of which, when this Amendment No. 4 has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. It. The person(s) executing this Amendment No. 4 on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly 3127303.1 OW 3127303.1 a09/OS/12 -4- authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4 such party is formally bound to the provisions of this Amendment No. 4, and (iv) the entering into this Amendment No. 4 does not violate any provision of any other agreement to which such party is bound. [Signatures on next page] &82NI5610-0061 312/303.1 W4105112 -5- IN WITNESS WHEREOF, City and Developer each hereby represents that it has read this Amendment No. 4, understands it, and hereby executes this Amendment No. 4 to be effective as of the day and year first written above. Date: ArlY1 , 2012 "Developer" LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNERSHIP, a Washington limited partnership By: La Quinta GP LLC, a Washington limited liability company Its: General Partner By: Hawthorn Management Services Corp., a Washington oration Its: Man< By: Barton G. Colson Its: President "Civ, CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California Date: .2012 By: Mark Weiss, Interim City Manager ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP LE M. Katherine Jenson, City Attorney 8871015610U061 3127303.1 aM5112 _6_ f,taaw.�Jai+ State ofL=aiiforx:e ) County of Riverside ciaxv- ) On `pr 1 1& 3 9-0ta, before me, *Rob i n Z Go';^s (imerl name and title of dte officer) Notary Public, personalty appeared a 67• 41 bor) who proved to me on the basis of satisfactory evidence to be the'personKwhose nameWislaw subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/IwM ieir authorized capacity(ies), and that by his/herlt a signatureJ4 on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NOTARY PUBLIC WITNESS my 1handd offi 'al seal. STATE OF WASHINGTON ROBIN R. GOINS CanmissiadElmlfessep1im6ar25,2015 Signature NA (Seal) State of California ) County of Riverside ) On before me, (invert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signature (Seal) 98MI56104%1 3127303.1 e01105/12 _'/_ EXHIBIT "A" LEGAL DESCRIPTION OF PARCEL B Real property In the City of La Quirem, County of Riverside, State of CaOfomia, desalbed as . foiiows, PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO.2006-452 AS EVIDENCED BY DOCUMENT RECORDED APRIL 19, 2006 AS INSTRUMENT NO.2006.028D726 OF OFFICIAL RECORTIS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL 8 TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO, 31116, AS SHOWN BY MAP ON FILE IN BOOK 212, AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS, BEING IN THE SOUTH HALF OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST,S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 8; THENCE ALONG THE SOUTHEASTERLY, EASTERLY AND NORTHERLY BOUNDARY LINES OF SAID PARCEL 8 THROUGH THE FOLLOWING FIVE (5) COURSES: (1) NORTH 430 56' 44" EAST, A DISTANCE OF 152.65 FEET; (2) THENCE NORTH OD0 12' 13' WEST, A DISTANCE OF 790.73 FEET; (3) THENCE SOUTH 89- 47' 47" WEST, A DISTANCE OF 239.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING.A RADIUS OF 80.00 FEET; (4) THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 450 37 41", AN ARC DISTANCE OF 63.48 FEET; (5) THENCE TANGENT TO SAID CURVE NORTH 440 44' 3r WEST, A DISTANCE OF 91,61 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 440.00 FEET, A RADIAL LINE- PASSING THROUGH SAID POINT BEARS SOUTH 490 06' 37' EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 8 AND ALONG THE NORTHERLY LINE OF SAID PARCEL 7, THROUGH A CENTRAL ANGLE OF 230 54' 45", AN ARC DISTANCE OF 183.63 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 840.00 FEET, A.RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 2501 V Sr EAST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 7, THROUGH A CENTRAL ANGLE OF 040 02 088, AN ARC DISTANCE OF 59.16 FEET TO THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL 7; 88=5610-0061 3127303.1 04105M THENCE ALONG THE WESTERLY LINES OF SAID PARCH. 7 THROUGH THE FOLLOWING THREE (3) COURSES: (1) SOUTH 160 39' 14" EAST AND NON -TANGENT TO LAST SAID CURVE, AS DISTANCE OF 55.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 250.00 FEET; (2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 200 41' 22", AN ARC DISTANCE OF 90.27 FEET; (3) THENCE TANGENT TO SAID CURVE SOUTH 040 07 08" WEST, A DISTANCE OF 333.46 FEET TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 8, THENCE LEAVING SAID WESTERLY LINES OF PARCEL 7 AND ALONG SAID PROLONGATION AND SAID SOUTHWESTERLY LINE OF PARCEL 8, SOUTH 50010' 13° EAST, A DISTANCE 0r 592.88 FEETTO THE POINT OF BEGINNING. EXCEPTING THEREFROM AGENCY EXCEPTS AND RESERVES FROM THE CONVEYANCE. HEREIN DESCRIBED ALL INTEREST OF THE AGENCY IN OIL, GAS, HYDROCARBON SUBSTANCES AND . MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (50W) FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE AND OCCUPY ALL PARTS OF THE PROPERTY LYING MORE THAN FIVE HUNDRED (SD0) FEET BELOW THE SURFACE THEROF FOR ANY AND ALL PURKP-4 5 INCIDENTAL TO THE EXPLORATION POP AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM SAID PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE PROPERTY OR ANY PORTION THEROF WITHIN FIVE HUNDRED (500) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR TO USE THE PROPERTY IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE PROPERTY, AS RESERVED IN THE DEED FROM LA QUINTA REDEVELOPMENT AGENCY, RECORDED DECEMBER 09, 2004 AS INSTRUMENT NO.04.979137 . OF OFFICIAL RECORDS. APN: 6D4-63D-027-6 882N156100061 3127303.1 aWM5112 _2_ SEE SHEET 2 FQR ANNOTATION TABLES --I AND NOTES LAro ` 1 D. WOOD PARCEL 3 DETAIL •A' N7p r M AACCESS . PARCEL S C/L 80' LESS ej I r�LOT LINE TO BE ®• i/ DELETED �gg,�� E I PARCEL •B• Y B ZLNWSCAPE d�'�6�" , 9.451 L R DEDICATED HEREON PARCEL PARCEL 'A• I ,NEW ADJUSTED 13.515 AC. LDT-UNE RB PARCEL S R4 - Be J LINE TO BE J� LOT 7r LOT LOT DELETED a •�• PMCEL S R14 `yN SEE DETAIL •A• R1 AT UPPER yg g SCALE: 1" = 200, NI LY LINE I sea cJ MSACONSULTING, INC. SwM & AssocL&TBS, bm 61SMG LOT LINE TO BE DELETED --'- — PL ¢ • CNa Emoo®maa a X r S9avama EXISTING LOT LINE TO ROM14 MW Bm RM DYM • RN= hf u • CA 932T0 NEW ADJUSTED LOT LINE 17aueota C760) 320J)BU • F" (760 323.7M RESTRICTED ACCESS, 882101561UD61 3127303.1 a0N 112 -3- AMENDMENT NO.7 TO DISPOSITION AND DEVELOPMENT AGREEMENT This AMENDMENT NO.7 TO DISPOSITION AND DEVELOPMENT AGREEMENT ("Amendment No. 7") is made and entered into as of 2012 by and between CITY OF LA QUINTA, a California municipal corporation and charter city, as Successor Agency to the former La Quinta Redevelopment Agency ("City"), and LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNERSHIP, a Washington limited partnership ("Developer"). RECITALS: A. On or about December 18, 2003, the La Quinta Redevelopment Agency ("Agency") and CP Development La Quinta, LLC (the "Original Developer") entered into that certain Disposition and Development Agreement (the "Original DDA"), pursuant to which the Agency sold to the Original Developer that certain real property located southeast of the Miles Avenue and Washington Street intersection in the City of La Quinta, California 92253 (the "Property") and the Original Developer agreed to construct, complete, and operate thereon a commercial project containing a medical office/surgical facility, a development containing sanctuary villas, a mid -price suites hotel, a resort -style condominium/casitas development, two (2) sit-down restaurants, and two (2) single-family residential developments, with forty (40) of the single-family homes restricted for sale to income -eligible buyers at a restricted sales price (collectively, the "Original Project"). B. The Original DDA has been amended on six (6) occasions, on or about October 28, 2004, on or about December 7, 2004, on or about November 2, 2005, on or about October 20, 2006, on or about August 23, 2007, and on or about March 19, 2008 (collectively, the "Prior DDA Amendments"). The Original DDA, as amended by the Prior DDA Amendments, is hereinafter referred to as the "DDA", and the Original Project, as amended by the Prior DDA Amendments, is hereinafter referred to as the "Project." C. The Original Developer previously processed through the City Lot Line Adjustment No. 2006-452, which reconfigured the parcels previously designated as "Parcel 6," "Parcel 7," and "Parcel 8" of Parcel Map 31116, in Book 212, at Pages 60-66, inclusive, of Parcel Maps, Riverside County Records, into "Parcel A" and "Parcel B". Parcel A has since been sold to Eisenhower Medical Center and medical facilities have since been constructed thereon. D. On or about July 1, 2011, the Original Developer sold Parcel B to Developer for the purpose of Developer's construction thereon of (i) a one hundred twenty-four (124) suite retirement community located in five (5) single -story duplex cottages, (ii) a seventy-two (72) suite assisted living community, and (iii) a thirty-two (32) bed memory care facility (collectively, the "Senior Living Facility)." Parcel B is legally described in Exhibit "A", which is attached hereto and incorporated herein by this reference. E. On June 28, 2011, the Governor signed Assembly Bill 26 ("ABxI 26") and Assembly Bill 27 ("ABxI 27") from the 2011-12 First Extraordinary Session of the California Legislature. ABxl 26 immediately suspended all redevelopment agency activities, except U=15610"1 3052035.2 04105112 - -1- continued performance of "enforceable obligations," and set forth a process to dissolve redevelopment agencies and end redevelopment in California. ABxI 27 provided a `voluntary alternative redevelopment program," which would have allowed redevelopment agencies to remain in existence and continue redevelopment, if remittance payments were made to cover the State of California's budget shortfall for fiscal year 2011-12 and were made in subsequent fiscal years to cover State costs. A lawsuit was filed, challenging the constitutionality of both ABx1 26 and 27. The California Supreme Court upheld the constitutionality of ABxI 26, revising the effective dates of certain provisions, and struck down as unconstitutional ABxI 27. (California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4' 231 ("CRA Case"). ABxI 26 is chapter 5, Statutes 2011, First Extraordinary Session, which added Part 1.8 (suspension provisions) and Part 1.85 (dissolution provisions) of Division 24 of the Health and Safety Code. Under the CRA Case, all redevelopment agencies dissolved February 1, 2012. Pursuant to Health and Safety Code section 341710), added by Part 1.85 of Division 24, and City Council Resolution No. 2012-002, the City of La Quinta ("City") is the "Successor Agency" to the former La Quinta Redevelopment Agency. F. Pursuant to the terms and conditions of this Amendment No. 7, Developer and City now wish to modify certain terms set forth in the DDA with respect to Parcel B. Unless defined herein to the contrary, all capitalized terms in this Amendment No. 7 shall have the meanings ascribed thereto in the DDA., AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: The DDA is hereby amended as follows: 1. Section 100 entitled "Definitions" is modified to delete the following definitions, in their entirety: Affordable Homes, Affordable Homes Mix, Affordable Housing Component, Affordable Housing Cost, Agency Loan Amount, Buyer Affordable Housing Documents, Declaration, Deed of Trust, Disbursement Schedule, Eligible Buyer, Parcel 7 Residential Development, Residential Development, Residential Development Site Map, Promissory Note, and Unrestricted Homes. 2. Section 100 entitled "Definitions" is modified add the following as new definitions: "Senior Living Facility" means (i) a one hundred twenty-four (124) suite retirement community located in five (5) single -story duplex cottages, (ii) a seventy-two (72) suite assisted living community, and (iii) a thirty-two (32) bed memory care facility. "Parcel B" means Parcel B of Lot Line Adjustment No. 2006-452 in the City of La Quinta, California. 89=15610-0061 30520352 a04WII2 Section 100 entitled "Definitions" is modified to revise the following definitions: 3.1 To revise the definition of "Phase of Development" by adding as a new Phase of Development to be developed on Parcel B the "Senior Living Facility." 3.2 To revise the definition of "Project" by adding as a new Project component the development of the Senior Living Facility. 4. Sections 400-404 entitled "Agency Loan; Homebuyer Assistance" are hereby deleted in their entirety. 5. The following attachments are hereby deleted, in their entirety: Attachment No. 5, entitled "Disbursement Schedule and Procedures," Attachment No. 6, entitled "Affordable Homes Mix," Attachment No..7, entitled "Parcel 7 Residential Development Site Map," Attachment No. 9, entitled "Promissory Note," and Attachment No. 15, entitled "Declaration." 6. Attachment No. 8 entitled "Scope of Development" is hereby modified to replace paragraph ME thereof with the following: "Senior Living Facility: The Project will contain a senior living facility (the "Senior Living Facility"). The Senior Living Facility will include (i) a one hundred twenty-four (124) suite retirement community located in five (5) single - story duplex cottages, (ii) a seventy-two (72) suite assisted living community, and (iii) a thirty-two (32) bed memory care facility. The Senior Living Facility will be developed in a series of one (1), two (2) and three (3) story structures to be built on Parcel B. 7. The effectiveness of this Amendment No. 7 is conditioned on the execution by Developer and the Original Developer of an assignment and assumption agreement, in a form approved by the City Attorney, pursuant to which the Original Developer assigns to the Developer and the Developer assumes from the Original Developer all of the Original Developer's rights and obligations under the DDA with respect to Parcel B and the Senior Living Facility. 8. Developer shall reimburse City for all of the costs City incurs or has incurred to' negotiate, prepare and process this Amendment No. 7. 9. The City has the authority to issue this Notice pursuant to ABx1 26 and the City's election to be the Successor Agency of the former La Quinta Redevelopment Agency. The Successor Agency's liability shall be limited, pursuant to Health and Safety Code section 34173(e), to the sum of property tax revenue it receives pursuant to Part 1.85 of Division 24 of the Health and Safety Code and the value of assets transferred to it as the Successor Agency to the former La Quinta Redevelopment Agency. in no manner whatsoever does the City's actions as Successor Agency impose any obligation or liability on any funds or revenues in the City of La Quinta General Fund or other City of La Quinta fund of account that is not specifically for the City acting in its capacity as the Successor Agency to the former La Quinta Redevelopment Agency. 887A115610-0061 3052035.2 s04/05/12 10. Except as otherwise expressly provided in this Amendment No. 7, all of the terms and conditions of the DDA shall remain in full force and effect. 11. in the event of any action between or amongst the parties hereto seeking enforcement of any of the terms and conditions to this Amendment No. 7, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 12. This Amendment No. 7 shall be construed according to its fair meaning and as if prepared by all of the parties hereto. 13. This Amendment No. 7 shall be governed by the internal laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning -this Amendment No. 7. Service of process on City shall be. made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 14. Time is of the essence of this Amendment No. 7 and of each and every term and provision hereof. 15; A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by City and Developer. No waiver of any breach or default by any party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver.. 16. This Amendment No. 7 may be executed in counterparts, each of which, when this Amendment No. 7 has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. 17. The person(s) executing this Amendment No. 7 on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 7 on behalf of said party, (iii) by so executing this Amendment No. 7 such party is formally bound to the provisions of this Amendment No. 7, and (iv) the entering into this Amendment No. 7 does not violate any provision of any other agreement to which such party is bound. [signature page follows] 9920015610-ONI 30520352 a04W12 IN WrrNESS WHEREOF, City and Developer each hereby represents that it has read this Amendment No. 7, understands it, and hereby executes this Amendment No.7 to be effective as of the day and year first written above. "Developer" LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNERSHIP, a Washington limited partnership . By: La Quints GP LLC, a Washington limited . liability company Its: General Partner Date: 8' , 2012 2012 ATTEST: Susan Maysels, Interim City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP By: M. Katherine Jenson, City Attorney By: Hawthorn Management Services Corp., a Washington corporation Its: Mana er By: Barton G. Colton Its: President ..City,, . CITY OF LA QUINTA, a California municipal corporation and charter city, as Successor Agency to the former La Quinta Redevelopment Agency By: Mark Weiss, Interim City Manager 882101,5610-0061 3052035.2 eM5112 -- EXHIBIT "A" LEGAL DESCRIPTION Real property In the City of La QuU", County of Riverside, State of California, described as follows: PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO.20W-452 AS EVIDENCED BY D"MEMT RECORDED APRIL 19, 2006 AS INSTRUMENT NO.2006-0280726 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, PARCEL 8 TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 31116, AS SHOWN BY MAP ON FILE IN BOOK 212, AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS, BEING IN THE SOUTH HALF OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B M., MORE PARTICULARLY DESCRIBED AS FOLLOWS' BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 8; THENCE ALONG THE SOUTHEASTERLY, EASTERLY AND NORTHERLY BOUNDARY LINES OF SAID PARCEL 8 THROUGH THE FOLLOWING FIVE (5) COURSES: (1) NORTH 43° 56 44" EAST, A DISTANCE OF 15165 FEET; (2) THENCE NORTH DD" 12' 13' WEST, A DISTANCE OF 790.73 FEET; (3) THENCE SOUTH 890 4747" WEST, A DISTANCE OF 239.56 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING.A RADIUS OF 80.00 FEET; (4) THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 45° 2741", AN ARC DISTANCE OF 63.48 FEET; (5) THENCE TANGENT TO SAID CURVE NORTH 44° 44' 32" WEST, A DISTANCE OF 91.61 FEET lD THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 440.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 490 06' 37" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 8 AND ALONG THE NORTHERLY LINE OF SAID PARCEL 7, THROUGH A CENTRAL ANGLE OF 2r 54' 45", AN ARC DISTANCE OF 183:63 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 840.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 25° 1V 52" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE OF PARCEL 7, THROUGH A CENTRAL ANGLE OF 04° 02' 08", AN ARC DISTANCE OF 59.16 FEET TO THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL 7, 89MIS610-0061 30520351 a04105112 THENCE ALONG THE WESTERLY LINES OF SAID PARCEL 7 THROUGH THE FOLLOWING THREE (3) COURSES. (1) SOUTH 160 39' 14° EAST AND NON -TANGENT TO LAST SAID CURVE, AS DISTANCE OF 55.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 250.00 FEET, (2) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 200 41' 220, AN ARC DISTANCE OF 90.27 FEET, (3) THENCE TANGENT TO SAID CURVE SOUTH 040 02' 08" WEST, A DISTANCE OF 333.46 FEET TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 8, THENCE LEAVING SAID WESTERLY LINES OF PARCEL 7 AND ALONG SAID PROLONGATION AND SAID SOUTHWESTERLY LINE OF PARCEL 8, SOUTH 50010' 13° EAST, A DISTANCE OF 59188 FEET TO.THE POINT OF BEGINNING. EXCEPTING THEREFROM AGENCY EXCEPTS AND RESERVES FROM THE CONVEYANCE, HEREIN DESCRIBED ALL INTEREST OF THE AGENCY IN OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE AND OCCUPY ALL PARTS OF THE PROPERTY LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE THEROF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE EXPLORATION POP, AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM SAID PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE PROPERTY OR ANY PORTION THEROF WITHIN FIVE HUNDRED (500) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR TO USE THE PROPERTY IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE PROPERTY, AS RESERVED IN THE DEED FROM LA QUINTA REDEVELOPMENT AGENCY, RECORDED DECEMBER 09, 2004 AS INSTRUMENT NO.04.979137 . OF OFFICIAL RECORDS. APN: 604-63D-027fi 8821015610-ME 30520351e01405/12 SEE SHEET 2 FOR I _ ANNOTATION TABLES —` AND NOTES RI PAR0EL S DETAIL �S C'AALE' OF cPy g ROVED WSo�iIUTW1Y UEVEtoFA7aTr DEPARTum V 4F✓ DATE - 4 4 O PAR ' 2 K%IRIT a-1 �; / so ' op ACCESS 9.0 DN PARCEL W 13515 AC. . PARCEL S LLOT d®T RS R1 SEE DETAIL 'Al - AT UPPER LEFT . SCALE: 1" _. 200OR 0 OR & MSA' CONSULTING, INC MADBBRO. SWIS & AIISOMAM DWI Euaano • cIm Bwov o ■ L. SoarmTao NM Bw Rosa DAM • BAJIMI A'Ib AM a CA MM Taunpea CIAO]. • FAX CIAO) UP7W 882/0156104MI 3052035.2 a04A5112 PARCEL B i C/L TT ACCESS I L0T UNE TO BE DEIFIED PARCEL 'B' 9.451 AC. PARCEL S IrNEW ADJUSTED LOT UNE LOT UNE TO BE 7J DELETED PARS T \I EXISTING LOT LINE TO BE'OELETED '— EXISIING LOT UNE TO REMAIN NEW AUIUSTED LOT LINE RESTRICTED ACCEW .. I PLANNING COMMISSION RESOLUTION 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT 2011-123, APPROVING A CHANGE IN LAND USE DESIGNATIONS FOR THE LA QUINTA RETIREMENT COMMUNITY CASE: GENERAL PLAN AMENDMENT 2012-123 APPLICANT: LENITY GROUP, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 25" day of September, 2012, hold a duly noticed public hearing to consider a request by Lenity Group, LLC to consider a General Plan Amendment for a change in land use from Medium Density Residential to Medium High Density Residential, generally located on Seeley Drive, East of Washington Street, South of Miles Avenue, more particularly described as: APN: 604-630-027 WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2011-617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified; and, WHEREAS, per SB-18 consultation requirements, the Planning Department has forwarded information regarding the proposed amended Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 14, 2012 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, Planning Commission Resolution 2012- General Plan Amendment 2011-123 Lenity Group, LLC Page 2 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 recommending approval of said Amendment: Finding A The project is consistent with the General Plan The proposed General Plan Amendment is internally consistent with those goals, objectives and policies of the general plan which are not being amended. The purpose of the change in land use designations is to bring the appropriate land use designations into conformance with the proposed project. Finding B Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. Approval of the proposed General Plan Amendment will not create conditions materially detrimental to public health, safety and general welfare in that the proposed change will not result in a substantial change to existing recreational area, will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood. The proposed General Plan Amendment will not result in any changed conditions and will therefore have no effect on the health, safety, and welfare of the community or surrounding natural environment. Finding C The new designation is compatible with the land use designations on adjacent properties. The General Plan Amendment will bring the property into conformance with the proposed project and will have no effect on adjacent existing land uses because the proposed residential/congregate care use is compatible with the surrounding existing single-family residential homes, medical center, and hotel. Finding D The new land use designation is suitable and appropriate for the subject property. The new land use designation is suitable and appropriate for the subject property, in that it will allow expansion of the proposed use for residential/congregate care Planning Commission Resolution 2012- General Plan Amendment 2011-123 Lenity Group, LLC Page 3 uses. Finding E Approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing designation was imposed. Approval of the new land use designation is warranted because the density of the proposed community, 10 dwelling units per acre, requires the Medium High Density Residential land use designation, with a maximum density of 12 dwelling units per acre. 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. 2. That it does hereby recommend to the City Council approval of General Plan Amendment 2011-123 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 25`" day of September, 2012, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quinta, California Planning Commission Resolution 2012- General Plan Amendment 2011-123 Lenity Group, LLC Page 4 ATTEST- LES JOHNSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 2011- 140, APPROVING A CHANGE IN ZONING DESIGNATION FOR THE LA QUINTA RETIREMENT COMMUNITY CASE: ZONE CHANGE 2011-140 APPLICANT: LENITY GROUP, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 25`h day of September, 2012, hold a duly noticed public hearing to consider a request by Lenity Group, LLC to consider a change in zoning from Medium Density Residential to Medium High Density Residential, generally located on Seeley Drive, East of Washington Street, South of Miles Avenue, more particularly described as: APN: 604-630-027 WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 201 1-617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 14, 2012 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; 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 recommending approval of said Zone Change: Finding A The project is consistent with the General Plan Planning Commission Resolution 2012- Zone Change 2011-140 Lenity Group, LLC Page 2 The proposed Zone Change is internally consistent with those goals, objectives and policies of the general plan which are not being amended. The purpose of the change in land use designations is to bring the appropriate land use designations into conformance with the proposed project. Finding B Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. Approval of the proposed Zone Change will not create conditions materially detrimental to public health, safety and general welfare in that the proposed change will not result in a substantial change to existing recreational area, will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood. The proposed Zone Change will not result in any changed conditions and will therefore have no effect on the health, safety, and welfare of the community or surrounding natural environment. Finding C The new designation is compatible with the land use designations on adjacent properties. The Zone Change will bring the property into conformance with the proposed project and will have no effect on adjacent existing land uses because the proposed residential/congregate care use is compatible with the surrounding existing single- family homes, medical center, and hotel. Finding D The new land use designation is suitable and appropriate for the subject property. The new zoning designation is suitable and appropriate for the subject property, in that it will allow expansion of the proposed use for residential/congregate care uses. Finding E Approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing designation was imposed. Approval of the new zoning designation is warranted because the density of the proposed community, 10 dwelling units per acre, requires the Medium High Density Planning Commission Resolution 2012- Zone Change 2011-140 Lenity Group, LLC Page 3 Residential zoning designation, with a maximum density of 12 dwelling units per acre. 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. 2. That it does hereby recommend to the City Council approval of Zone Change 2011-140 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 25`h day of September, 2012, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN 2001- 055 AMENDMENT 3, FOR THE LA QUINTA RETIREMENT COMMUNITY CASE: SPECIFIC PLAN 2001-055 AMENDMENT 3 APPLICANT: LENITY GROUP, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 251" day of September, 2012, hold a duly noticed public hearing to consider a request by Lenity Group, LLC for consideration of an amendment to the existing Centre Pointe Specific Plan in order to accommodate plans for a 9.5-acre retirement community located on Seeley Drive, East of Washington Street, South of Miles Avenue, more particularly described as: APN: 604-630-027 WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 14, 2012 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, per SB-18 consultation requirements, the Planning Department has forwarded information regarding the proposed amended Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 201 1-617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified; and,, WHEREAS, at said Public Hearing, upon hearing and considering all Planning Commission Resolution 2012- Specific Plan 2001-055 Amendment 3 Lenity Group, LLC Page 2 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 9.240.010 of the La Quinta Municipal Code to justify recommending to the City Council approval of said Specific Plan Amendment: 1. Consistency with the General Plan The proposed Specific Plan amendment is consistent with the goals and policies of the La Quinta General Plan in that the design, height, scale and mass of the buildings within the community are compatible with the goals and policies of the General Plan Medium High Density Residential (MHDR) Land Use designation. 2. Public Welfare Approval of the proposed specific plan amendment will not create conditions materially detrimental to public health, safety and general welfare as Environmental Assessment 201 1-617 was prepared, and certification of the Environmental Assessment is in compliance with CEQA requirements. 3. Land Use Compatibility The proposed Specific Plan amendment incorporates land uses that are compatible with zoning on adjacent properties. The design and density regulations specified in the Specific Plan amendment for residential and related recreational facilities are compatible with the existing single-family homes located near the specific plan area and on surrounding properties. 4. Property Suitability The uses permitted in the specific plan amendment, including age - restricted residences and common areas, are suitable and appropriate for the subject property in that the community is surrounded by similar existing uses such as single-family residential homes and a medical center. The current specific plan area is served without adverse impact by all necessary public services and utilities. 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 Planning Commission Resolution 2012- Specific Plan 2001-055 Amendment 3 Lenity Group, LLC Page 3 2. That the Planning Commission does hereby recommend approval of Specific Plan 2001-055 Amendment 3 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 251h day of September, 2012, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2001-055 AMENDMENT 3 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 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 Site Development Permit, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Specific Plan 2001-055 Amendment 3 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of Specific Plan 2001-055 Amendment 3, these conditions shall take precedence. 3. Specific Plan 2001-055 Amendment 3 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 201 1-617 Site Development Permit 2011-921 Tentative Parcel Map 36405 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall adjudicate the conflict by determining the precedence. 4. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document, as amended by this action, to the Planning Department. The Final Specific Plan shall include all text and graphics except as amended by this action, all amendments per this action, and correction of any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Planning Director. P:1Reports - PC120121PC_9-25-121LQ RETIREMENT COMMUNITYMS LQRC SP COA.docx Page 1 of 1 n PLANNING COMMISSION RESOLUTION 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP 36405, SUBDIVIDING APPROXIMATELY 9.5 ACRES INTO TWO PARCELS FOR THE LA QUINTA RETIREMENT COMMUNITY CASE: TENTATIVE PARCEL MAP 36405 APPLICANT: LENITY GROUP, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 251" day of September, 2012, hold a duly noticed public hearing to consider a request by Lenity Group, LLC to subdivide approximately 9.5 acres into two parcels, generally located on Seeley Drive, East of Washington Street, South of Miles Avenue, more particularly described as: APN: 604-630-027 WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 14, 2012 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2011-617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify recommending to the City Council approval of said Tentative Parcel Map 36405: A. The proposed Tentative Parcel Map 36405 is consistent with the City's General Plan, with the implementation of Conditions of Approval. The project density of approximately 10 units per acre is consistent with the Planning Commission Resolution 2012- Tentative Parcel Map 36405 Lenity Group, LLC Page 2 Medium High Density Residential land use designation of up to 12 dwelling units per acre, as set forth in the General Plan. B. The design and improvements of the proposed Tentative Parcel Map 36405 are consistent with the City's General Plan, to provide for adequate storm water drainage, and other infrastructure improvements with the implementation of recommended conditions of approval to ensure proper street widths, storm drainage facilities, and timing of their construction. C. The La Quinta Planning Department has prepared Environmental Assessment 201 1-617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified. D. The design of Tentative Parcel Map 36405 and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2011-617, in which no significant health or safety impacts were identified for the proposed project. E. The site of the proposed Tentative Parcel Map 36405 is physically suitable for the type of development and density of the development. The proposed development plans for the site are congregate care and assisted living/memory care facilities; the land is level and is therefore able to accommodate such uses. F. As conditioned, the proposed Tentative Parcel Map 36405 is consistent with all applicable provisions of the La Quinta Zoning Ordinance and Subdivision Regulations, including, but not limited to, minimum lot area requirements, any other applicable provisions of the La Quinta Municipal Code, and the Subdivision Map Act. G. As conditioned, the design of Tentative Parcel Map 36421 will not Planning Commission Resolution 2012- Tentative Parcel Map 36405 Lenity Group, LLC Page 3 conflict with easements, acquired by the public -at -large, for access through, or use of property within the proposed subdivision. 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 recommend approval of Tentative Parcel Map 36405 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 25`" day of September, 2012, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 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 Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This Tentative Parcel Map shall expire two years from the date of City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Tentative Parcel Map 36405 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 201 1-617 Specific Plan 2001-055 Amendment 3 Site Development Permit 2011-921 In the event of any conflict(s) between approval. conditions and/or provisions of these approvals, the Planning Director shall adjudicate the conflict by determining the precedence. 5. 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: PAReoorts - PC\2012TC 9-25-12\LQ RETIREMENT COMMUNITYA 1 LQRC TPM COA.docz Page 1 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 364.05 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 e Riverside County Fire Marshal e La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) + La Quinta Planning Department 0 Riverside Co. Environmental Health, Department e Desert Sands Unified School District (DSUSD) e Coachella Valley Water District (CVWD) e Imperial Irrigation District,01D) e California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) e South Coast Air Quality Management District Coachella Valley (SCAQMD), The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 6. FOR ALL CONSTRUCTION SITES ONE (1) ACRE OR MORE: Coverage under the State of California Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading, building permit, or encroachment permit. 7. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7- 2008-0001 and the State Water Resources Control Board's Order No. 2009- 0009-DWQ and Order No. 2010-0014-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project PAReporca - PC12012\PC 9-25.121L0 RETIREMENT COMMUNITY111 LQRC TPM COA.doox Pepe 2 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP' template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all .of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. G. The provision for the funding and perpetual maintenance and operation of all post -construction BMPs is required. 8. Permits issued under this approval shall be subject to the provisions of the PAReports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\71 LQRC TPM COA.doox Paoe 3 of 22 PLANNING COMMISSION RESOLUTION 2012 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 Development Impact Fee program in effect at the time of issuance of building permit(s). 9. Approval of this Tentative Parcel Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 10. 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. 11. 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 12. Prior to acceptance of the final parcel map, the applicant shall acquire or confer easements and other property rights necessary for proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form PARsoons PC\2012\PC 9-25.1211.0 RETIREMENT COMMUNITY\11 LORC TPM COA.docx Pane 4 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 located at the Public Works Department Counter prior to Certificate of Occupancy. 13. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private drive aisles that access public streets and open space/drainage facilities of the master development. 14. The applicant shall offer for dedication on the Final Map all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 15. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Entry at the Roundabout on Seeley Drive - An additional right of way dedication at the project's entry on Seeley Drive shown as Lot A on the Tentative Parcel Map No. 36405 or as approved by the City Engineer. 16. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 17. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient PAReports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITYA I LQRC TPM COA.docx Pane 5 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 18. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the. approved Tentative. Parcel Map are necessary prior to ,approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 19. The applicant shall show the following perimeter landscaping setbacks along all public rights -of -way as on Parcel Map 31116: A. Seeley Drive (Non -Conforming Collector) - 20-foot from the Public Right -of -Way 20. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 21. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. - 22. Direct vehicular access to Seeley Drive is restricted, except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map. 23. The applicant shall furnish proof of easements, or .written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 24. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. PAReoorts - PC12012113C 9-25.121LQ RETIREMENT COMMUNITY111 LQRC TPM COA.docx Paqe 6 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 STREET AND TRAFFIC IMPROVEMENTS 25. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets. 26. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 27. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Seeley Drive (Non -conforming Collector, 80' ROW): No street widening of Seeley Drive is required along the frontages adjacent to the tentative parcel map boundaries. 2) Other required improvements in the Seeley Drive right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). The applicant is responsible for construction of all improvements mentioned above. 27. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs PAReports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY11 LQRC TPM COA.doex Paqe 7 of 22 PLANNING.COMMISSION RESOLUTION 2012- _, CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 and sidewalks. Mid -block street lighting is not required. PARKING LOTS and ACCESS POINTS 28. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City.Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 28 feet as shown on the Preliminary Precise Grading Plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility, route to public streets and other features shown on construction plans may require additional street widths and other improvements as may be determined by the City Engineer. 29. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: PAReports - PC120121PC 9.25-12XLQ RETIREMENT COMMUNITYM 1 LQRC TPM COA.docx Pane 8 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA OUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 c.a.b. c.a.b. Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" Loading Areas 6" P.C.C./4" or the approved equivalents of alternate materials. 30. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 31. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California. FINAL MAPS 32. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 33. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with PAReoorts - PC\2012\PC 9-26-12\LQ RETIREMENT COMMUNITY\11 LQRC TPM COA.docx Page 9 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDEI TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 the provisions of LQMC Section 13.24.040 (Improvement Plans). 34. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or, plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors: A. On -Site Commercial Precise Grading Plan 1 " 20' . Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. WQMP (Plan submitted in Report Form) NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. Off -Site Signing and Striping Plan Horizontal 1 " 40' The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. NOTE: D through E to be submitted concurrently. (Separate Storm Drain Plans if applicable) 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. PAReoons - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\11 LORC TOM COA.doex Pepe 10 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. Precise Grading plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 35. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 36. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 37. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as - built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS PAReoorts - PC\2012\PC 9-25-12\LO RETIREMENT COMMUNITY\11 LORC TPM COA.docx Paae 11 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 38. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 39. Any Subdivision Improvement Agreement (."SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 40. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 41. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed; or secured through a SIA, prior to the issuance of any permits in the. first phase of the development, or as otherwise approved by .the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. 42. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 43. Prior to constructing any off -site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each PAReaorta - PC12012kPC 9-25-121LQ RETIREMENT COMMUNITY111 LORC TPM COA.docx Paae 12 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 valued at 100% of the cost of the off -site improvements, or as approved by the City Engineer. 44. Depending on the timing of the development of this tentative parcel map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this site development permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 45. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. P:\Reoorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\11 LQRC TPM COA.docx Page 13 of 22 PLANNING COMMISSION RESOLUTION 2012 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. PRECISE GRADING 46. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 47. 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. 48. 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 civil engineer registered in the State of California,. B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan. prepared in accordance with LQMC Chapter 6.,16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A WQMP prepared by an authorized professional registered in the State of California. All grading, shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. PAReoorts - PC\2012\13C 9-25.12\LQ RETIREMENT COMMUNITY\11 LQRC TPM COA.docx Pane 14 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 49. 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. 50. 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. 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. 51. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 52. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 53. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. PARecorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\71 LQRC TPM COA.docx Paqe 15 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT' COMMUNITY SEPTEMBER 25, 2012 54. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0..5') from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 55. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 56. Stormwater handling , shall conform with the approved hydrology and drainage report for the.Centre Pointe Development and Parcel Map 31116 and as modified for this Parcel Map 36405, or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the, City Engineer. 57. The applicant shall comply with the provisions of'LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour, or 24 hour event producing the greatest total run off. 58. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — P:1Reoorts - PC12012XPC 9-25-121LQ RETIREMENT COMMUNITY111 LQRC TPM COA.doox Pane 16 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 59. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 60. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 61. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 62. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 63. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 64. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 65. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 66. Storm drainage historically received from adjoining property shall be received PAReports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY01 LQRC TPM COA.doex Paoe 17 of 22 PLANNING COMMISSION RESOLUTION 2012 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 and retained or passed through into the historic downstream drainage relief route. 67. If permitted by the Coachella Valley Water . District (CVWD) and the City Engineer, when an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall obtain the appropriate permit from , CVWD and shall execute an indemnification instrument as approved by the City Engineer and City Attorney. Additionally, the applicant shall pay for all costs of sampling and testing associated with the development's drainage discharge which may be required under the City's NPDES Permit or other City or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct and provide for the maintenance in perpetuity of the required discharge treatment Best Management Practice facilities per the NPDES Permit Supplement A or as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs or other appropriate instrument for meeting these obligations. The 100-year storm water hydraulic grade line shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL or as determined by CVWD and the City Engineer. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel with the initial submittal of storm drain improvement plans. 68. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. 117-2008-001. PAReports - PC120121PC 9-25-121LQ RETIREMENT COMMUNITY111 LQRC TPM COA.docx Pepe 18 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA O.UINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. 137-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 69. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 70. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 71. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. PAReoorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\11 LQRC TPM COA.doox Page 19 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 72. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs.' LANDSCAPE AND IRRIGATION 73. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 74. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 75. Landscape and irrigation plans.for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect in California. 76. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 77. Lighting plans shall be submitted with the final landscaping plans to the Planning Director for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 21 feet in height, and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 78. All water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 79. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be PARaoorta - PC120121PC 9-25-121LQ RETIREMENT COMMUNITY%l1 LQRC TPM COA.docz Pam 20 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 . fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 80. The applicant shall submit the final landscape plans for review, processing and approval to the Planning Department, in accordance with the Final Landscape Plan application process.. Planning Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Director determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Director and/or City Engineer. 81. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 82. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and 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. PUBLIC SERVICES 83. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 84. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 85. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. PAReoorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\11 LQRC TPM COA.docx Pane 21 of 22 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36405 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 FEES AND DEPOSITS 86. 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. P:\Reports - PC12012\PC 9.25.12\LQ RETIREMENT COMMUNITYN T LQRC TPM COA.doox Paqe 22 of 22 PLANNING COMMISSION RESOLUTION 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SITE DEVELOPMENT PERMIT 2011-921, INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR THE LA QUINTA RETIREMENT COMMUNITY CASE: SITE DEVELOPMENT PERMIT 2011-921 APPLICANT: LENITY GROUP, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 25' day of September, 2012, hold a duly noticed public hearing to consider a request by Lenity Group, LLC for approval of site, architectural, and landscaping plans for the La Quinta Retirement Community, generally located on Seeley Drive, East of Washington Street, South of Miles Avenue, more particularly described as: APN: 604-630-027 WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 14, 2012 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the Architectural and Landscaping Review Committee of the City of La Quinta, California, did, on the 131" day of September, 2012, hold a public meeting to review and discuss site; architectural, and landscape plans, the minutes of said meeting were included in the staff report for consideration by the Planning Commission; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to Code to justify recommending to the City Council approval of said Site Development Permit: 1. Consistency with the General Plan The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes a multi -use retirement community on a property which, if approved, will be General Plan -designated for MHDR (Medium High Density Residential) development. Planning Commission Resolution 2012- Site Development Permit 2011-921 Lenity Group, LLC Page 2 2. Consistency with the Zoning Code The proposed structures, as conditioned, are consistent with the development standards of the City's Zoning Code and the Centre Pointe Specific Plan, in terms of architectural style, building height, building mass, and landscaping. The community is consistent with the La Quinta Zoning Map, as it proposes a multi -unit age -restricted residential community which, if approved, will be General Plan -designated for MHDR (Medium High Density Residential) development. The site development permit has been conditioned to ensure compliance with the zoning standards of the MHDR district, and other supplemental standards as established in Title 9 of the La Quinta Municipal Code and the Centre Pointe Specific Plan. 3. Compliance with the California Environmental Quality Act (CEQA) The La Quinta Planning Department has prepared Environmental Assessment 201 1-617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified. 4. Architectural Design The Desert Contemporary architecture and layout of the project site is compatible with the surrounding land uses. . Because the existing buildings within the Centre Pointe development near the proposed facility are of a Modern and Mediterranean/Spanish architectural style, the Desert Contemporary style does not conflict with the surrounding built environment. Enough architectural articulations enhance the buildings, and the height, mass, and scale of the buildings are appropriate for the proposed location. Furthermore, the visual impact of the three-story Retirement Residence is minimized from view from the existing residential neighborhood to the east. The building is set back over 180 feet from the closest existing residence to the east, and review of the eastern property line transition Planning Commission Resolution 2012- Site Development Permit 2011-921 Lenity Group, LLC Page 3 plan shows that the Duplex Cottage units and the segments of the Assisted Living Facility closest to the property line have minimal visual impact on the existing residential neighborhood due to massing, height, and landscaping buffers. 5. Site Design The site design aspects of the proposed community, as conditioned, will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. The buildings are properly sized with regards to height and floor area, and are situated at engineer -approved locations with regards to vehicular and pedestrian access. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. The project landscaping for the community, as conditioned, shall unify and enhance visual continuity of the community with the surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to blend with the building architecture. 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 recommend approval of Site Development Permit 201 1-921 to the City Council for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 25`h day of September, 2012, by the following vote to wit: AYES: Planning Commission Resolution 2012- Site Development Permit 2011-921 Lenity Group, LLC Page 4 NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quints, California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 GFNFRAI_ 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Site Development Permit 2011-921 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 2011-617 Specific Plan 2001-055 Amendment 3 Tentative Parcel Map 36405 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall adjudicate the conflict by determining the precedence. 3. The Site Development Permit shall be expire two years from the date of City Council approval, and shall become null and void in accordance with La Quinta Municipal Code Section 9.210.010, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 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, Improvement Permit) • La Quinta Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) P:\Renorfs - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\73 LQRC SDP COA.docx Paae 1 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South ,Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. FOR ALL CONSTRUCTION SITES ONE (1) ACRE OR MORE: Coverage under the State of California Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading, building permit, or encroachment permit. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7- 2008-0001 and the State Water Resources Control Board's Order No. 2009- 0009-DWQ and Order No. 2010-0014-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. P:\Reeorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.doox Pane 2 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. G. The provision for the funding and perpetual maintenance and operation of all post -construction BMPs is required. 7. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). 8. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of PAReoorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Pace 3 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDEI SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 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. 10. 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 11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing PAReoorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Pape 4 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA O.UINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 private drive aisles that access public streets and open space/drainage facilities of the master development. 13. The applicant shall offer for dedication all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Entry at the Roundabout on Seeley Drive — An additional right of way dedication at the project's entry on Seeley Drive shown as Lot A on the Tentative Parcel Map No. 36405 or as approved by the City Engineer. 15. Right-of-way geometry for standard knuckles and property line corner cut -backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 16. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 17. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Site Development Permit are necessary prior to approval of the improvements dedicating such rights -of -way, the P:\Reports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Paae 5 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 18. The applicant shall show the following perimeter landscaping setbacks along all public rights -of -way as on Parcel Map 31 1 16: A. Seeley Drive (Non -Conforming Collector) - 20-foot from the Public Right -of -Way 19. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 20. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas: 21. Direct vehicular access to Seeley Drive is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 22. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 23. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 24. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets. 25. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb P:\Reoorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Page 6 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 26. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Seeley Drive (Non -conforming Collector, 80' ROW): No street widening of Seeley Drive is required along the frontages adjacent to the project site boundaries. 2) Other required improvements in the Seeley Drive right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). The applicant is responsible for construction of all improvements mentioned above. 26. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. PARKING LOTS and ACCESS POINTS 27. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. P:\Reports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITYN13 LQRC SDP COA.doex Paqe 7 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 28 feet as shown on the Preliminary Precise Grading Plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on construction plans may require additional street widths and other improvements as may be determined by the City Engineer. 28. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. c.a.b. Parking Lot & Aisles (High Traffic) Loading Areas 4.5" a.c./5.5" 6" P.C.C./4" PAReports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Pane 8 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 or the approved equivalents of alternate materials. 29. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 30. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California. 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. 31. 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). 32. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Commercial Precise Grading Plan 1 " = 20' Horizontal PAReoorfs - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Pape 9 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA O.UINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 B. PM10 Plan 1" = 40' Horizontal C. WQMP (Plan submitted in Report Form) NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. Off -Site Signing and Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. NOTE: D through E to be submitted concurrently. (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. Precise Grading plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. PAReoorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Paae 10 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 33. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 34. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 35. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as - built conditions. The applicant shall employ or retain the Engineer Of Record during.the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 36. 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. 37. Depending on the timing of the development of this Site Development Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. P:\Reoorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docz Paqe 11 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this site development permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the issuance of any permit related thereto, reimburse the City for the costs of such improvements. PRECISE GRADING 38. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 39. 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. 40. 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 civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and P:\Resorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.doox Pane 12 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDEI SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A WQMP prepared by an authorized professional registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 41. 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. 42. 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. 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 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. 43. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the Site Development Permit preliminary grading plan, unless the pad elevations have PAReports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.doex Paae 13 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 other requirements imposed elsewhere in these Conditions of Approval, or as approved by the City Engineer. 44. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 45. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 46. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 47. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 48. Stormwater handling shall conform with the approved hydrology and drainage report for the Centre Pointe Development and Parcel Map 31116 and as modified for this Site Development Permit, or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 49. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain PAReports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY03 LQRC SDP COA.doox Paue 14 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 50. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 51. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 52. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 53. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 54. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 55. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). PAReoorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Paqe 15 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 56. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 57. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 58. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief. route. 59. If permitted by the Coachella Valley Water District (CVWD) and the City Engineer, when an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall obtain the appropriate permit from CVWD and shall execute an indemnification instrument as approved by the City Engineer and City Attorney. Additionally, the applicant shall pay for all costs of sampling and testing associated with the development's drainage discharge which may be required under the City's NPDES Permit or other City or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct and provide for the maintenance in perpetuity of the required discharge treatment Best Management Practice facilities per the NPDES Permit Supplement A or as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this Site Development Permit excepting therefrom those portions required to be dedicated or deeded for public use. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs or other appropriate instrument for meeting these obligations. The 100-year storm water hydraulic grade line shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL or as determined by CVWD and the City Engineer. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel with the initial submittal of P:\Reports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LORC SDP COA.docx Pane 16 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 storm drain improvement plans. 60. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 117-2008-001. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. urrurri6V 61. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 62. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. PAReports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Pane 17 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 63. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer.. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 64. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. LANDSCAPE AND IRRIGATION 65. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping . Setbacks) & 13.24.140 (Landscaping Plans). 66. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 67. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect in California. 68. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City's Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 69. Lighting plans shall be submitted with the final landscaping plans to the Planning Director for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 21 feet in height, and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The P:\Reports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Pane 18 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 70. All water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 71. The applicant shall submit the final landscape plans for review, processing and approval to the Planning Department, in accordance with the Final Landscape Plan application process. Planning Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Director determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Director and/or City Engineer. 72. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 73. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines, in the American Association of State Highway and 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. PUBLIC SERVICES 74. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 75. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). PAReports - PC\2012\1`C 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.doeX Paae 19 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 76. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 77. 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. FIRE DEPARTMENT 78. The required fire flow shall be available from 5 Super hydrant(s) (6" x 4" x 21 /2" x 21 /2") spaced not more than 350 apart and shall be capable of delivering a fire flow 2000 GPM per minute for four hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 79. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 80. Directory display boards will be required adjacent to each roadway access to the development. These shall be an illuminated diagrammatic representation of the actual layout that shows the name of complex, all streets, building designators, unit numbers and fire hydrant locations within the complex. These directories shall be a minimum of 4' x 4' in dimension. Addressing of buildings and units shall conform to the Riverside County Addressing Policy. Additional information and details may be obtained by contacting the Fire Department Planning staff. 81. Where required, fire apparatus access roads shall have approved signs or other approved notices or markings that include the words NO PARKING - FIRE LANE. The means by which fire lanes are designated shall be PAReoorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Page 20 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 maintained in a clean and legible conditions at all times and be replaced or repaired when necessary to provide adequate visibility. . 82. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 83. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 84. Blue dot retro-reflector pavement markers shall be located on private streets, public streets and driveways to indicate location of the fire hydrant per standard number 06-05 (located at www.rvcfire.org) 85. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 86. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtained at the Fire Department. 87. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. PAReoorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Page 21 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 88. Install a complete commercial fire sprinkler system. Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. 89. The PIV and FCD shall be located to the front of building within 50 feet of approved roadway and within 200 feet of an approved hydrant. Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current permit fees, to the Fire Department for review and approval prior to installation 90. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 91. Install a portable fire extinguisher, with a minimum rating of 2A-106C, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 92. 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. 93. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2010 California Building Code. 94. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 95. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside of door. 96. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of door. PAReports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docx Paae 22 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 97. Roof Access room door if applicable shall be posted "Roof Access" on outside of door. 98. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 99. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. 2010 CMC 100. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. 101. The Proposed project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increase in the number of emergency and public service calls due to the increased presence of structures, traffic and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capitol improvements and/or impact fees 102. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to plan review and field inspection. All questions regarding the meaning of the code requirements should be referred to Fire Department at 760-863-8886. 103. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus 104. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. PAReoorts - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.doeX Paqe 23 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 AIRPORT LAND USE COMMISSION 105. Any outdoor lighting shall be hooded or shielded to prevent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing. 106. The following uses shall be prohibited: a. Any use which would direct a steady or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA -approved navigational signal light or visual approach slope indicator. b. Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. c. Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, production of cereal grains, sunflower, and row crops, artificial marshes, recycling centers containing putrescible wastes, and construction and demolition debris facilities.) d. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. 107. The "Notice of Airport in Vicinity" shall be provided to all potential tenants and purchasers. PLANNING DEPARTMENT 108. A qualified archaeological monitor shall be present on site during any earth moving activities. Should the monitor identify a resource, he/she shall be empowered to stop or redirect earth moving activities until such time as the P:\Reports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LORC SDP COA.doex Pace 24 of 25 PLANNING COMMISSION RESOLUTION 2012- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2011-921 LA QUINTA RETIREMENT COMMUNITY SEPTEMBER 25, 2012 resource can be properly identified and processed. The archaeological monitor shall be required to prepare a report at the end of earth moving activities and file such report with the Planning Department within 30 days of completion of monitoring activities for any building on the project site. 109. No signage is included with this site development permit approval. A separate Sign Permit is required through the Planning Department if the applicant proposes signs for the facility. 110. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. Screening design and materials shall match existing exterior design style and materials, and shall be approved by the Planning Director. 111. All exterior illumination fixtures (Type V) for the carports and eaves shall be installed at locations that are not directly visible by vehicles or pedestrians. Prior to issuance of Certificate of Occupancy by the City of La Quinta Building and Safety Department, fixture locations shall be reviewed and approved by the Planning Director. 112. Prior to issuance of a building permit for each building, the applicant shall submit colored building elevations for all buildings for review and approval by the Planning Director. The purpose of the elevation exhibits will focus on final locations of the PTAC units and decorative screens/grates being incorporated into the elevations. P:\Reports - PC\2012\PC 9-25-12\LQ RETIREMENT COMMUNITY\13 LQRC SDP COA.docz Pane 25 of 25 ATTACHMENT # 1 OA 01 p! aLU e Y a rw: 4a yl �Sa F—;ix �i Eg �'°:- I�E ; °°99,° r e wl11 gi Ia ,Iia">s�9s °Ii! I`1 Jg a§o s n aYY o� Q s j j y M as 2; " I 3 sg II p ;Rmill stlii'y�3j�j� Ua'ijlS li� 11 ptt qyF "llEi i5 ! II°t€ ?a 7 D U, P 4 3y � Sy e` F>>Px: I� IEtit itFi! 3� °ws 83 � Sr48 Q,K �49 II j g III�I� E III �' Srr a€� _a o t 8 _ YE m de c Pe 9 e 3 - O El N a 2 �II J �+ v E� a t3 J Igaai� P�PPatm e�eg 3 i°gg,°�§��i ei� ° qq`�t�q�q�pp 99a9,��ppe ONION 6iC" es 9t�459 ggc 8�3� aass3@i99��6ft@�° `t / "� \� rG� / /� \ � % ` ) • \ e(59/a;/R:yyEg£!&R - /� D gaga.. ..<XK o R. =2-3 q,o' s_`9�3'S$ W<y� Nisi 5SL'L'B Yms n2i 6ioc`� .nd:so 0 6€ Wo•o o ®® 5 0 a � Cie •ul Iooa9 Plod a gGy GG33 3sjGGG ias ........ ....... P m7... .. z ga �i4 Sic �s� 3 3 3 gq3 �, 3 $y,jj]; a3Ire E' 9 s 3 n' 02, N a e It i• I} II A A A • • v €L - • I.I. I. I•• Is @! @ ! e e. •e 3 i a...W i ! 5 Is ii e e i �Ei,! a§. 22 iES,P SOU !'s jps aia i, 3$ l7 v�o iiaP !§. @ F . E el8fa!d`s':1a XN Ri i¢ it V M I. Z y i€� a i € ipl �� i S �• v€ IS j 1 a• €€ �i @€.! iF !F! � § I p.l � g€1 al,! 1€¢°¢j l�gg� ! i�l€si,_?!! 1 3: iA?S3 it±�@ ai3sP ,.� ?PSi �?�� PAS: Alf: ?�i13 • l 's1Iu ai a I: I: fi �oi a0 oialol tm 01I B !eu 7F10 PAlm ns n-}J P39 l AA •3 A J-_PA J 3 )A s r 9. A? a LA :AA a 1 a A ;1.- Us a, P U 1. ' AS 1= X. : .J_ I ILFP'J F-0:ddAdFi L?Fia x3??3 yR,1A: - SAn- ?t t3J3n- 3?F:A3 APA?-A?IrA? _ A3� � ll I', ri . �IFgCaq v mac J ) � _> --ri I � L _ p� J _ t PY •— Oti A b is c ? / yi� � � \ .Y � °•-z :-,.. gam( � �S-i/ JI / t acc I J � - i Ir F i • `X �-' a r . \A ti = F �`�^ � � z•P,i—��+--L-.Ltr--CC3._ • AF \ �.) Y•a i ? ,tom- J-_: .aJ3 .: ) \ \ref✓ ? a . . : P s s 4f ja j a e aja •i ji ja is a ja 3�gla jH y jl ja jH a • Iv ja13 If 13 I! j1 jH iH I 1 it I 1 4a y 31 g§ i2�ga 3� ¢g iiS$ FyS� �s la ?�6 Pq- ¢ - 1: 1€.P x IB P 1§➢ P _ z `P laa-f g!5}P l:el3,l,a_! HSijP :BY�! 1P .3 }e F: H: la }iH Ip jil 3'L k= ap t 1es}ai 1:t1-i.3-;-aIs lH;}3 f Siff gals gH i a 1W @te}iDE (?? S1 3i S: !�33�s} 33 1If j3 1� if(}-,' It` IS2P i -4 ee I_sP :E3 IPg (. a �. i . 4" .'xr a® "SI• 1I f ! le 1e I• =a l' �I la IA Ic 311 H o.I a 10101alo-10-10-1i� ffJ 01 ' 191 G : 3 Z LE '.ACAJM(Ji TQF S , a'.t t-t t A- 9 P � . .F a aaJ!;a}a WA a�-P L s, a F`�FT`d .4 ..L I S: ItX..3 ]vF aFa: a A i 9 93 pA,-a ] JT d IA A tIT,-,- a S as Fa bAd FF T dA - AA AA}A -11� -. � ii%!"`•JF n�.-I .��.,�FJ '{T-'rsi � `. .. ,-� �\J Zr r�.-y � y~' a •r(?�. ii A1T\a � F F i - / d F.F ] a F/ � / / x A /F A,: AFRA PjPa= S -1 A Alt a Ac Al' � 1 � �"I�5 iyyyiyyyTT��Tyy'�yT��yylppppppiil```` I i�-: FH:m I ° a� r �4F ix. -4 t'�Vl�iy7�j vi r4i ill Rlb� i4�T ' iQ 'I o Ali m i mmi p41 ,o,q y r.II lkllll arr o 0 i `�� a .R 1J 14Yiii1 � iY ■ w 59 'I, �ilirr+ir liF i C I s IIIIIIWIII ° "I a !I _ '}J III ° r, p 9 'S i' � CYdA 7NIfi49 1 c x , �O < i- Q , $ 5 pp rW e _i 43ou 90p79ifs �� Sf t� Y y yy s 3 411�1 0 E3 a $ 4 e Ego Ea III r� I 1,471 -, �4 i o- iI IMF L 21 o 7 w' �— r zy h '� r. _ r IlJliil i § G IIII o 3 % a LL I i �5 1 qq III pin ELM 1,91 i MEET ill SOM Iwo tn A £'a F55 ii5N:d� 563ni1£5::£AllaSa F4El3) i££i£f ~1 c r.M olm, 0 4 a LT " 1 4 EFA— Mill z,z UUlz i5 j C y y¢¢ 8 IZ � OEufl a ENNUI Qo'�a_�a � " w! �as�x � i co a< ff a i CC o W. Zb j31on I, g a Y o sf - J i co E^'l m on 0 V! W _ }, W a F L ' 0 4-JW ce{LU N3 I, ZI A ~ r Iw ❑ 0i0 UIw i �— QZIw Igil;ia �: r- I A Z�z P` §2i �a_� A 8Ic„i Cam. Him! �9i`�9� s��F397 �y �:i�o➢ -i a E e I t ' um — on ® ~ r 4-J in o m ~� Z LAI Q Q— J w. i •,7 f z Z O > a r l a r . Z. o Je a ZW s aA~ ge Ox0A�'gqI1 �$- .rck d..Y..:..z Q�' d e�52x 8. � 9 I �CS:.� JK,Q iI zCiA 'dlgyqy p o Y u:: O �LL w QFy f ii t U LL.Y° W! c:i 13 JIB NI c � roa V r---l--- Q',g a L J Ll rw p LL4jx — I e i�ai aaci:>li Z�z I=t�, g ii5a5; j 1� (�awo rUz§a a:H � e� i� i CL O riLl F— ¢: I x"I LJ Za 3>€ j r—J I I s It Ll r 1_ yr 1 i , laiL r J •� I IY KI WIA' (L i li Ll ! •i I Y _ ..� .4 � O I L J Ll I L—r—J g9pp , R £ Na Z az 4 [ t� �w Sypa �d:3E u4 W QY~++o; 8& p'94 M S2 ggry5 _ ° a Q 'U A a _ co H Cl m r�a _ Z (ma,o Q�IM ui Gm Z O u �vWi 4 t a LU LLI onO 6 ®rl 31 Y9 5 ii fi yi a 4q1AFyy av ffU;LU VI � @s tv 9 N 1 co z a�—----�- _�''°'l5 ro o.m i� 9 � v. � - I�� CLm 4 p; 0 0 O OJT tL M ' z ! § - , LL- § ../. LLI on ¥ z¥ /\} -- to g= ,,.&.A,:. _o \\ g _lg \)§ & @, =§i 3 «2 /Lui J] ,. &§� �( /� 2i \ ¥� u an /l 44 o (\ / (c--j ............ ! 6- Z R a Oo $ uUppSa3 R FWD9�. 5w $ilkk [eef � ti o > ' Eya• I 0� pa; _ —1�i f�0 E Ow 9-.�;_,- •— —�:�— .:� —._ III l •I �'ma✓^off � � 19. t11 it I el Qw wt I n i S H °' II t 3.1i e _ _ !'mJ Ipv I LU &- 33. m 1 1' 1�13i : 75 9ie —1 1 _ ,' _ zi O' c• o �. w r AIH k I k o vi I ZI O + I I O11 III � Jl o I'i i �I fC I Q (01: /0Z G I an t7� a i CL I, l� / ''" �j a CG ^I ! P d- Z pHpi. $5€zf CI 11 II > M p > w --_ W a =:1 El H 19 N3 Z a o I Ue QZ 0� g1. Z Z i 0Zwo leii�q O_ _ ! Ni 9 -� O!Ob <wg`s3tV$ a'�As W 1 ." i _ Lj LLJ 0 LLJ w w $ "$ y g i 6�{( v,.0 , F yf ge;iy�a3yg lf'�ily9 of y� 3$ >1r =K 11 YS Iraw3§ a T O Z O a 7 a r r g b • 1i Z d �� Da. m c@ of r � - I @° 0 vwi 4, NQ (QU V u I a it ^i5! f— ui 1 J6 �' !� co �I la R i d a-s _ F i ¢ 00 a H },:� i k`i .^'°a."' 'r < `:g �"_I ---n N 'cn j v�"' �c1 t93 �- _�•� i. ]f w°� EfY3x � er wa� ii 4F2 Ell +3 O'd k � I v. vPg s➢. • � mwSe6.:.... � ds � a zs .i rF R a � I �f 1, I� g4 t S }S n / 11111� I,'. II ] \ d fV� . �a a w� 119 mY 1M 9 .. � pRRµyA�4 ��yip g�••i 1M� CCyy� IX*$�, y N 1 N*�yy yt x wye{ ' kq �'yll�lil9 I dYE>° fill Qom{ 02, TO Q3 �S! °1 p rd�D Iups �"I�S�2 eA\�:: S a r°llll �69� r - �. �' 3 •. `n;. i,u i � yip i g: ( \ ) g, )� �� \ . � \ � �\ j � �\ {� \ / Md /\\`}{��}��}� {. � ,lra . « a �Aii \ \ 2 $ S \ s / '�=' ;`q •eaeaek k a n 6ii'R x o gee r ¢a @@ y ��. \� -' e � gg • �'s€`s �'€eiE �9 pq3 iw�E Y¢ U it ---------- Mills �s _ �. � �� Ase I �I � fie;, .,� ❑ 3 �F is°°>8 �:�la �� I III ! ra �� / •'�—� ` �I �a 3RF i� a 1 - - _. -_ _ - ��/ e ! ��•.'`;; �• � � I �€fig' �wi<: II � e i L e 49 � �gi iF Af N32s€ > i eE-Pk o all T ' a • I I II \ I I 5�. r P' Y MCI ' xE ' i I P 5 I ao H sE ATTACHMENT # 2 1 4 �� tl�w BI # A oe ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE DATE: SEPTEMBER 13, 2012 CASE NUMBER: I SITE DEVELOPMENT PERMIT 2011-921 APPLICANT: LENITY GROUP, LLC PROPERTY OWNER: LA QUINTA RETIREMENT RESIDENCE, LP ARCHITECT: LENITY GROUP, LLC LANDSCAPE ARCHITECT: LENITY GROUP, LLC ENGINEER: MSA CONSULTING, INC. REQUEST: CONSIDERATION OF SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR THE LA QUINTA RETIREMENT COMMUNITY LOCATION: SEELEY DRIVE, EAST OF WASHINGTON STREET, SOUTH OF MILES AVENUE, WITHIN CENTRE POINTE GENERAL PLAN DESIGNATION: MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) tLeLII0CC, DESIGNATION: MEDIUM HIGH DENSITY RESIDENTIAL (RMH) SURROUNDING ZONING/LAND USES: NORTH: PARKS AND RECREATION (P) EXISTING COMMUNITY PARK FACILITY SOUTH: OFFICE COMMERCIAL (0) VACANT, UN -ENTITLED LAND EAST: LOW DENSITY RESIDENTIAL (LDR) EXISTING RESIDENTIAL COMMUNITY WEST: OFFICE COMMERCIAL (0) EXISTING MEDICAL HEALTH CENTER PURPOSE OF REVIEW The purpose of a Site Development Permit is to provide specific design review of a project's proposed architecture and landscaping. The Architectural and Landscaping Review Committee's (ALRC) role in reviewing this type of application is to provide the Planning Commission with a recommendation regarding the design of the proposed project and its compliance with the City's various development regulations. When reviewing applications, the ALRC is responsible for reviewing site design, architectural design, and landscape design. Site related items include exterior lighting fixtures, project entries, streetscape, water features, pedestrian circulation, and similar amenities. Architectural items for review include, building mass, scale, architectural style, and aesthetic details, including materials, roof style, and colors. Landscape review includes plant types, plant location and size, landscape screening of equipment and undesirable views, and the emphasis of prominent design features. Such coordinated review is necessary to promote a unifying project design, compatibility with other surrounding uses, and aesthetic consistency with existing architecture and the level of quality prevalent in the community. Once reviewed, the ALRC's recommendation will be included in the staff report presented to the Planning Commission. PROPOSAL The La Quinta Retirement Community, an approximately 9.5-acre senior retirement community, is proposed to be located along Seeley Drive, east of Washington Street, south of Miles Avenue, within the Centre Pointe commercial development (Attachment 1). The proposed community consists of the following facilities: • Three-story retirement facility • Two-story assisted living facility • Four duplex cottage units • One-story memory care facility Two development phases are proposed. The first phase consists of the retirement facility and duplex units, along with parking and landscaping. The second phase consists of the assisted living and memory care facility. Project Overview: The project site is currently vacant, with no active entitlements. Located directly to the north of the project site is Pioneer Park. An existing single-family residential neighborhood, Desert Pride, is located to the east of the project site. Vacant, un- entitled property is located to the south of the project site. An existing medical health center is located directly to the west of the project site (Attachment 1, Sheet A-1 - A-2). 2 The configuration of the La Quinta Retirement Community consists of multiple buildings located along a central drive aisle. The main building, the three-story Retirement Residence, has the following characteristics (Attachment 1, Sheet A-14 — A-16): • Approximately 123,000 square foot congregate care facility • Studio, one -bedroom, two -bedroom units (132 suites; 146 beds) • Community dining area, activity/multi-purpose rooms, entertainment rooms • Meals, housekeeping, van transportation, social activities included • Resident: average age 82; ambulatory (medical/nursing care not provided) The four single -story Duplex Cottage units have the following characteristics (Attachment 1, Sheet A-23 — A-24): • Approximately 2,600 square feet (master bedroom and guest bedroom/den) • Great room, kitchen, laundry room, covered patio, one -car garage • Resident: slightly younger population (main building services also offered) The two-story Assisted Living Facility (ALF) with Memory Care Unit (ALZ) has the following characteristics (Attachment 1, Sheet A-21 — A-22): • Approximately 77,000 square foot facility • ALF includes studio, one -bedroom, two -bedroom units (72 suites; 73 beds) o Dining area, activity room, lounge area o Resident: seniors in need of assistance, but not nursing home • ALZ includes private and semi -private suites (17 suites; 32 beds) o Meals, housekeeping, van transportation included o Resident: seniors with memory loss needs (medications/routines) Site Design: There is a single access point identified for the proposed La Quinta Retirement Community: off Seeley Drive, adjoining the existing roundabout (Attachment 1, Sheet A-1). This access will serve as the primary access for residents, guests, and employees, as well as for delivery and service vehicles. Vehicular circulation within the community consists of a singular drive aisle that meanders through the center of the community (Attachment 1, Sheet A-0). The majority of parking stalls for the project are located along this drive aisle, as well as access to the cottage units and the service/delivery areas for the Retirement Residence and Assisted Living Facility. A Fire Department access is located on Seeley Drive, and gated fire access roads surround much of the perimeter of the property. When not in use by the Fire Department, the access roads will be utilized as pedestrian -friendly walking areas. A total of 135 parking spaces are proposed, including two community van spaces, 3 eight ADA-accessible spaces, and 24 covered parking spaces. The illuminated steel carport structures are approximately 10'-4" in height, and will be painted to match the buildings (Attachment 1, Sheet A-25). The vehicular drive aisle and parking areas are proposed to be lit with 21-foot tall pole lights (Attachment 1, Sheet A-8). The parking lamps are 250-watt metal halide lamps that are frosted, shielded, and directed downward. Also included with this proposal are plans for common areas and amenities (Attachment 1, Sheet A-0), These areas include multiple courtyard patio areas, a swimming pool area, a community garden with raised planters, and an artificial turf putting green. A water feature is proposed near the main entrance to the Retirement Residence (Attachment 1, Sheet A-1). The feature consists of a three - tiered fountain with a stone base (Attachment 1, Sheet A-28). Architectural Design: Included with this proposal are architectural plans for the main buildings and duplex cottage units, which have been designed to reflect a Desert Contemporary theme (Attachment 1, Sheet A-10 - Al2a). This includes architectural elements such as the use of stucco as the primary exterior building material, the use of flat roofing, stacked stone, metal awnings, and incorporating shades of tan and brown. Additionally, balconies, shade trellises, and other design elements provide architectural articulation to the various building facades. The main building, the three-story Retirement Residence, incorporates varying rooflines, with the height of the building, not including the parapet screen walls, averaging approximately 35 feet in height at its highest ridgelines (Attachment 1, Sheet A-10). The mechanical equipment parapet screen walls average 3-4 feet in height. The height of the single -story Duplex Cottage units, at the highest roof ridgeline, is approximately 17'-2" (Attachment 1, Sheet A-23 - A-24). The Assisted Living Facility with Memory Care Unit is designed with the two-story Assisted Living Facility element situated near the center of the proposed community, and the single -story memory care element situated along the eastern property line, adjacent to the existing single-family homes (Attachment 1, Sheet A- 18 - A-19a). The height of the two-story Assisted Living Facility averages approximately 22 feet in height. The height of the single -story Memory Care Unit averages 12 feet in height. Landscaping: Landscaping throughout the project site consists of primarily desert and other low - to moderate -water use plants (Attachment 1, Sheet A-3 - A-5). Mostly utilized around the buildings are various trees and shrubs, with minimal use of turf, which 0 has been limited to a community lawn activity area, areas surrounding the Duplex Cottage units, and .adjoining pedestrian pathways. The proposed tree palette includes Tipu trees, Mesquite, Palo Verdes, as well as Date, Mediterranean, and California Fan Palms. The shrub palette includes Yucca, Birds of Paradise, and Sage, among others (Attachment 1, Sheet A-5). At two locations along the project perimeter, a meandering screen wall is proposed (Attachment 1, Sheet A-1 - A-2). Located along a portion of Seeley Drive and the southern property line, the purpose of the walls is to screen views into and out of the rear yards of the proposed duplex units. The screen walls, which consist of block walls with stone veneer, will be approximately 3'-6" in height. Also included in the development plans are a proposed masonry pool wall and fencing for the memory care facility (Attachment 1, Sheet A-5). The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 1, Sheet A-6 - A-8). Walkway lights are to be placed along the numerous pedestrian walking paths throughout the site. Wall -washer lighting fixtures will also be strategically placed on walls throughout the site. ANALYSIS Staff finds the overall design of the proposed La Quinta Retirement Community to be acceptable. Initially, staff had a number of concerns with the site design and architecture; however, the applicant has sufficiently addressed most of the concerns, as detailed in the analysis below. Site Design: The design of the vehicular access points, internal circulation, and parking areas is generally acceptable. Within the project, all applicable turning radii for large vehicles, loading/unloading areas, and pedestrian connectivity meet the La Quinta Municipal Code development standards. The main drive aisle for the project has a clear separation between vehicular and pedestrian paths of travel. The proposed walkways that run throughout the community are sufficient as they provide connectivity throughout the project site. Staff suggested that the existing Eisenhower Health Center driveway to the west be utilized as a shared fire access road, rather than constructing a new road adjacent and parallel to the existing road. However, an agreement with the Eisenhower Health Center to allow shared use of the driveway could not be reached. Based on the parking requirements in LQMC Section 9.150.060 and the parking analysis done as part of the review process, staff has determined that the proposed parking area design and spaces provided within the La Quinta Retirement Community can adequately accommodate the proposed use. The proposal provides 5 for 135 parking spaces, which does not meet the 208 parking spaces required by the Municipal Code. Staff was primarily concerned with visitor parking and employee shift changes. However, the applicant has provided information regarding the proposed parking ratios based on past experience with this type of land use, which has historically shown that only 20% of independent living residents and 5% of assisted living residents bring vehicles to the community, and that most residents utilize the community van for transportation needs. Furthermore, the applicant has stated that the largest employee shift change would require 32 parking spaces, which coupled with the number of spaces accounted for residents with cars, result in approximately 90 parking spaces available for guest parking. The applicant also provided staff with addresses of numerous facilities they have constructed with similar unit counts and parking ratios. Through online resources, staff confirmed the parking ratios at the existing facilities, and has concluded that the proposed parking ratio should be sufficient. With regards to the Duplex Cottage units located along Seeley Drive, near the main entrance of the community, staff had some initial concern with the location and layout of the proposed units. In particular, the placement of cottage units in such an isolated location, away from the other cottage units located on the opposite side of the property, was questioned. Also, the layout of the building was oriented in such a way that rear yard areas would be exposed to public view. In response, the applicant has stated that the proposed layout is operationally successful, and a rear yard screen wall has been incorporated in order to minimize views into and out of the rear yards. Staff remains concerned with the location of the isolated duplex units. Other outstanding site planning details that staff has some concern about include: • Potential odor issues due to the proximity of proposed trash enclosures to proposed Cottage Duplex units and existing single-family residential homes • Design and adequacy of the proposed service/delivery area for the Retirement Residence Staff recommends that the ALRC discuss these issues. Architectural Design: The Desert Contemporary architecture and layout of the project site is for the most part compatible with the surrounding land uses. Because the existing buildings within the Centre Pointe development near the proposed facility are of a Modern and Mediterranean/Spanish architectural style, the Desert Contemporary style does not conflict with the surrounding built environment. Enough architectural articulations enhance the buildings, and the height, mass, and scale of the buildings are appropriate for the proposed location. 0 Furthermore, the visual impact of the three-story Retirement Residence is minimized from view from the existing residential neighborhood to the east (Attachment 1, Sheet A-27). The building is set back over 180 feet from the closest existing residence to the east, and review of the eastern property line transition plan shows that the Duplex Cottage units and the segments of the Assisted Living Facility closest to the property line have minimal visual impact on the existing residential neighborhood due to massing, height, and landscaping buffers. There was initial concern regarding the use of the Packaged Terminal Air Conditioning (PTAC) units throughout the community. In particular, staff believes that use of the PTAC units result in an undesirable aesthetic impact on the architecture of the buildings and noise impact on the existing built environment. However, the applicant has proposed to incorporate decorative screens and grates to minimize the impact of the PTAC units standing out from the building elevations. Also, the applicant has provided information regarding decibel levels of the PTAC units, and noise impact oh the existing built environment should be minimal. Other outstanding architectural plan details that staff has some concern about include: • The lack of architectural detail for all building elevations of the Assisted Living Facility/Memory Care Unit • The lack of architectural detail on the rear elevation of the van garage Staff recommends that the ALRC discuss these issues. Landscaping: The proposed landscape palette is acceptable. The assorted species of plants provide diversity and add character to the proposed buildings. The proposed plant palette reflects the Desert Contemporary architectural style, while providing sufficient screening and accents around the project site, including the parking lot area, pedestrian circulation areas, and outdoor use areas. Minimum open space, shading, and screening requirements have been met, and the proposed turf installation around the project site is acceptable as it will be utilized in a pedestrian - oriented environment and meets the City's water efficiency ordinance requirements. The proposed water feature can be permitted if it meets the City's water efficiency requirements. Staff has provided a Condition of Approval pertaining to water features, requiring energy efficient pumps and staff review to ensure that there will be minimal water loss due to splashing, evaporation, and compliance with water use calculation requirements. The small-scale water feature located near the main entrance of the Retirement Residence is appropriate in that its placement and scale is beneficial towards the pedestrian atmosphere. 7 The proposed on -site lighting is acceptable, as the proposed fixtures are consistent with the City's outdoor lighting ordinance. Parking areas will be sufficiently lit by the strategically -placed poles and carport lights. All lighting will be designed and located so as to confine direct light within the community boundaries. The submitted photometric plan confirms that the project will be properly illuminated, with a lack of excess light and no illuminated hotspots. RECOMMENDATION That the Architectural and Landscaping Review Committee recommend approval of Site Development Permit 2011-919 to the Planning Commission, subject to the attached Conditions of Approval. by: Planner Attachments: 1. La Quinta Retirement Community Site Development Permit Packet M It '11HIM QMILES AVENUE C MDR P wyi City of La Quinta WA) General Plan" y h� Land Use Map; u w � � k }R ii N EXISTING GENERAL PLAN USE: w E MEDIUM DENSITY RESIDENTIAL UP TO 8 DU/AC PROPOSED GENERAL PLAN USE: S MEDIUM HIGH DENSITY RESIDENTIAL UP TO 12 DU/AC LEGEND RESIDENTIAL iLAIDR Very Low Density Residential up to 2 dulac Low Density Residential up to 4 dulac ru—DR1 Medium Density Residential up to 8 dulac Medium High Density Residential up to 12 dulac Q High Density Residential up to 16 dulac VILLAGE COMMERCIAL Village Commercial NONRESIDENTIAL DISTRICTS ® Regional Commercial Fc—c-1 Community Commercial ® Neighborhood Commercial F-Tc--1 Tourist Commercial OIndustrial Office Commercial ® Major Community Facilities = Commercial Park PREPARED FOR: H REi Y VT TH®R RETIREMENT GROUP 9310 NE Vancouver Mall Dr., Suite 200 Vancouver, WA 98662-8210 (360)213-1550 Fax (360)213.1540 SPECIAL PURPOSED Parks and Rec Golf Course 0 open Space Q Water Low Density Agriculturel Equestrian Residential PREPARED BY: n m z CA) SPECIAL SYMBOLS Hillside Overlay City Limit ---- City Sphere Planning Area 1 Planning Area 2 MSA CONSmnm, INC. ZT2ms a Cnrn. Etmarmam a U m Suwinni m 34Hoes Darve a ReNaro tNueon a CA 92270 (760) 3204M a VAx (i6D) 323.7893 City of La Quinta Official Zoning Map s.p..s,.. 2007 MILES AVENUE ;i F RM Bit%, s N EXISTING ZONING: w E MEDIUM DENSITY RESIDENTIAL PROPOSED ZONING: S MEDIUM HIGH DENSITY RESIDENTIAL LEGEND RESIDENTIAL Very Low Density Residential al Low Density Residential 0 Cove Residential ® Medium Density Residential 0 Medium High Density Residential High Density Residential VILLAGE COMMERCIAL Village Commercial NONRESIDENTIAL DISTRICTS Regional Commercial Q Community Commercial 0 Neighborhood Commercial F-c-T-1 Tourist Commercial �i Industrial Dike Commercial Major Community Facilities ® Commercial Park PREPARED FOR: 7l RE1 Y Yj TH®R RETIREMENT GROUP 9310 NE Vancouver Mall Dr., Sate 200 Vancouver. WA 98662-8210 (360)213-1550 Fax (360) 213-1540 SPECIAL PURPOSE DISTRICTS SPECIAL SYMBOLS Packs and Recreation } j=; Equestrian Overlay Golf Course ---• City Limit OOpen Space Floodplain —�^ City Sphere p5p Low Density Agriwtture/Equestrian — Planning Area 1 Residential — Planning Area 2 PREPARED BY: MSA CONSULTING, INC. ��B Crm BNam®am a LAND Susysvt io 44� J1�34Da a RA o MuAes s CA 92270 0) 320.931! s FAx (760) 3217493 ATTACHMENT #4 City of La Quinta The Centre Pointe Project Amendment #3 for Specific Plan 2001-055 September 17th 2012 Based on Amendment #2 Adopted November 1, 2005 Prepared for La Quints Retirement Residence Limited Partnership 9310 NE Vancouver Mall Dr. Suite 200 Vancouver, WA 98662 . n•,F'i, � r`y s Centre Pointe Specific Plan Amendment Reading Guide • Black Bar along left margin: proposed new/revised text • Crossed -out text: sections to be removed/replaced • Land Use Area II o Existing Specific Plan Development Standards currently reflect and are consistent with La Quinta Municipal Code Medium Density Residential development standards o Proposed Specific Plan Development Standards incorporate Medium High Density Residential development standards, with certain deviations specific to the proposed project and project site o The development standards that deviate from the La Quints Municipal Code standards are listed in "Deviations" table on Page 11 Pointe Project Specific Plan Table of Contents SectionI -Project Overview... ---....... ..:... ................... .... :...---•----....... ........ ....... __..... ,.-1. Section 2 - Design Guidelines LandUse -................................... - - .............. --5 DevelopmentStandards--------- ------------ ...................... -.-,--. ............. .......... ..........6 Land Use Area I 7 Land Use Area II (Deleted)....................................................................._8 LandUse Area IL..................................................:.....................................10 Land Use Area III Land Use Area IV SiteConcept ...................... ....... .... - ........... -.............. :............ .. ... 13 Architectural Character 13 Landscape...................__.......................:..:.:.:....._:::..::.................:::...::...:,14 Artin Public Places..........................................................................................:......16 Sustainability Guidelines ... _...... ......... - -... -......._..............:......._..... 16 Section 3 - Development Plan Circulation 17 Wind and Erosion Control - - 18 Drainage and Flood Control ............. - - ........ ---- . --......... --.....18 Utilities: :..:................::.. 18 Phasing..... ............................ ...................................... ...................... ........19 Minor Modifications Land Use Area II 10 Appendix A - General Plan Policies... B - General Plan Policies Associated With Land Use Area II ..................25 Exhibits ................................... 30 Amendment #3 July 30, 2012 Page 2 The introduction & Purpose The Centre Pointe Project Specific Plan is an amendment to a previously adopted Specific Plan that established the philosophy and guidelines for the development of the property located at the southeast corner of Miles Avenue and Washington Street in the City of La Quinta. The guidelines presented within this document are in accordance with the adopted plan and the City's Zoning Code and General Plan. The guidelines reflect the quality and design desired at the site and conforms to the City's overall goal of preserving, maintaining and enhancing the high quality of life La Quinta residents enjoy. Although the Plan is designed to ensure the quality of the development, it also provides a degree of flexibility to allow future development to respond to the changes in society and the economic marketplace of the region which will . inevitably occur over the build out period. In cases where the zoning and development regulations are nonspecific within the document, the zoning and development is guided by the City of La Quinta Zoning ordinance in effect at the time. Enabling Legislation • The authority to prepare, adopt, and implement a Specific Plan is granted to the City of La Quinta by the California Government Code (Title 7, Division 1, Chapter 3, Article S, and Sections 65450 through 65457). • As with General Plans, the Planning Commission must hold a public hearing before it can recommend to the City Council the adoption of a Specific Plan or an amendment thereto. The City Council of La Quinta may adopt a Specific Plan and/or amendment to the Specific Plan by either ordinance or resolution. • The Specific Plan is a regulatory document that, once adopted, will amend the Zoning Ordinance, and serve as the Development Code for the Development Site. Upon completion of the Specific Plan adoption process, future development must be consistent with the Specific Plan and amendments thereto. The Property Main access to La Quinta is achieved by traveling south on Washington Street from Interstate 10. The approximate 50-acre subject property is situated at the southeast comer of Miles Avenue and Washington Street, a major entry point to the City. The property is bound by the Coachella Valley Storrmwater Channel to the south, the Del Oro subdivision and vacant residential land to the north and the Incd Century single-family subdivision to the east. The vacant desert land is surrounded by uninterrupted views of the Santa Rosa Coral Reef Mountains and the Little San Bernardino Mountain Range. An aerial photo of the property is provided in Exhibit A. Amendment #3 July 30, 2012 Page 3 The Centre Pointe Project Specific Plan The Ownership The subject property, consisting of parcel numbers 604-04-12, 604-04-13, 604-04-23 and 604- 04-37 with multiple owners. Development Vision The City has envisioned a development that would welcome incoming tourists, residents and passer-bys into the community of La Quinta. The site serves as the "front door" to the community and should be considered a location that defines the character of La Quinta. The landscape, architecture, design and integrity should reflect the pride and history of the community and shall be developed with the utmost quality and creativity. The design guidelines and development plan described in this document sets the stage for the development of the following: • A commercial component consisting of a resort style hotel, timeshares, condominiums, up -scale restaurants sewing the residents of the community and the guests of the resort and commercial/retail uses. • An office component for the development of a medical -surgical facility. A senior housing component consisting of congregate care, assisted living, memory care and cottages. Amendment #3 July 30, 2012 Page 4 The Centre Pointe Project Specific Plan Land Use Land Use Plan The property is currently divided into four land use categories: Tourist Commercial, Park, Office, and Medium Density Residential as depicted in the figure below: Amendment #3 July 30, 2012 Page 5 The Centre Pointe Project Specific Plan Citv of La Quinta Approval of this amendment to the Specific Plan would change the current land use to contain approximately 16.2 acres of Tourist Commercial, 9.45 acres of Medium High Density Residential allowing up to 12 dwelling units per acre, 13.5 acres of medical office, 2.70 acres of Park and a .52 acre well site. The figure below presents the revised land use plan for the development. Zoning and Development Standards The following section establishes the zoning and development standards for the four land use areas within the development. These standards shall guide design and development of the landscape, architecture and site within the development area. Land Use Areas I through IV are illustrated in the following figure: a ......... ,............ _----- --- _ __,_._._._._ __ Amendment #3 July 30, 2012 Page 6 The Centre Pointe Project Specific Plan City of La Quinta Land Use Area 1 The permitted land uses and development standards for the 16.2 acre Land Use Area I area designated as Tourist Commercial (TC) on the Land Use Plan. A. Purpose: To provide for the development and regulation of a narrow range of specialized commercial uses oriented to tourist and resort activity. Representative land uses include a destination resort hotel, timeshares, condominiums, eating and drinking establishments and accessory commercial/retail shops. B. Permitted Uses: The following uses are permitted in the TC Zoning District of this Specific Plan. 1. Resort style hotel with up to three stories, including pool, tennis courts and other hotel amenities. 2. Resort style condominium/cesitas*, including pool, tennis courts and other resort amenities. 3. Timeshare with a conditional use permit (CUP). 4. Restaurant uses, with the exception of fast food or drive through facilities. *Resort style condominiums are individual ownership condominiums usually purchased as vacation units or second homes. When vacant, the condominiums may be rented on a nightly or weekly basis, and all such rentals shall be subject to payment of transient occupancy tax (TOT) in accordance with ordinance of the City of La Quinta. The Hotel may provide a program of management services which condominium owners may utilize to facilitate the rental of their individual units and payment of applicable TOT to the City. Tourist Commercial Development Standards Minimum - Maximum building site (acres) 16-50 Buildina Heiahts Hotel - Maximum building height (ft.) 40 Hotel - Maximum number of stories 3 Resort Casitas - Maximum building height (ft.) 33* Resort Casitas - Maximum number of stories 2 Structure height within first 150 feet along Washington St. 22 ft Setbacks: Minimum perimeter building/landscape setback (in ft.) from Washington Street 20 Minimum perimeter building/landscape setback (in ft.) from Miles Avenue 20 Minimum perimeter building/landscape setback (in ft.) from Seeley Drive 20 Parking (Resort) Parking (Casitas) Parking (Restaurant) 1 /unit 1.6/unit 11115 sq ft Amendment #3 July 30, 2012 Page 7 The Centre Pointe " Resort Casitas • within the first 60' along Miles Avenue, measured from the south side of the 20' landscape setback parcel, the Maximum height of the Resort Casitas units is 22'; • within the next 60' to 150' along Miles Avenue, the Maximum height of the Resort Casitas units is 26'; the height may be 33' outside the 150' setback. Use Area II The rmitted land uses and development standards for the 9.45 acre Land Use Area II area design d as Medium Density Residential (RM) on the Land Use Plan. A. Purpose. o provide for the development and preservation of medium density neighborhoods consisting of to 60 single-family detached dwellings on medium and small size lots and/or developments clustered smaller dwellings, such as single-family attached townhome or multifamily dwellin , with open space. B. Permitted Uses, Th flowing uses are permitted in the RM Zoning District of this Specific Plan. 1. Attached dwelling s 2. Detached dwelling un 3. Casitas when attached main dwelling with or without kitchens 4. Zero lot line units (subject the approval of a conditional use permit) Medium Density Residential (RM) Dove ant Standards Area Requirements: Maximum site (acres) 9 Maximum number of units 60 Single Family Detached Units Lot Sizes Minimum lot size 4;5 sq ft Minimum lot frontage 45 ft Building Heights Adjacent to existing residential 20 ft Not adjacent to existing residential 28 ft Maximum stories adjacent to existing residential 1 Maximum stories not adjacent to existing residential 2 Set backs: Front yard setback w/side loaded garage 15 ft Front yard setback w/front loaded garage 20 ft Site yard setback 5 ft Rear yard setback 20 ft Amendment #3 July 30, 2012 Page 8 The Centre Pointe Plan aximum lot coverage 60% mum livable floor area for single-family detached excluding garages 1200 sq ft Parki 2/unit within a garage *The areVdw eley Drive shall contain nolessthan 40 units available to moderate incomeid/orfamiliesOfthese40units,the minimum house size for 30% of the unitscanan 1200 square feetThe remaining 70% of the units must have a minimum of 1,400 square feet. Two -Story Cour ftrd Single Family Homes Minimum lot size Minimum lot frontage Minimum front yard set k Maximum structure height Maximum number of stories Minimum perimeter buiiding/l scape setback (in ft) from Seeley Drive Minimum livable floor area Minimum common area Parking Interior street building/landscaping set ck One and Two -Story Single Cluster Lot sizes 2,975 sq ft 35 ft 20 ft 28 ft 2 20 ft 1000 sq ft 30% 2/unit 1 space per unit covered 20 ft Minimum lot size 00 sq ft Minimum lot frontage ft Building Heights Adjacent to existing residentialft Not adjacent to existing residentialft Maximum stories adjacent to existing re Maximum stories not adjacent to existin Building Setbacks Front Yard Facing common area \ft, Facing public or private streetft Side Yard Rear Yard ft Distance between buildings along common driveways ft Interior street building/landscape setbac ftSetback from Seeley Drive ftMinimum livable floor area 00 sq ftMinimum common open area %Parking nit** Streets shall be 32' measured gutter flow line to gutter flow line with no parking on street **Up to 20% of the units may have a single car garage and 1 uncovered parking sl Amendment #3 July 30, 2012 side of Pointe Project Specific Plan Land Use Area 11 The permitted land uses and development standards for the 9.45 acre Land Use Area II area designated as Medium High Density Residential (RMH) on the Land Use Plan. A. Purpose: To provide for the development and preservation of medium high density neighborhoods (eight to twelve units per acre) with one and two-story single-family detached dwellings on small lots, one and two-story single-family attached dwellings, and one, two and three-story townhome and multifamily dwellings. Note: Average Persons per Household = 2.1 B. Permitted Uses: The following uses are permitted in the RMH Zoning District of this Specific Plan. 1. Single family detached dwellings 2. Single family detached patio homes 3. Duplexes (two units on the same lot) 4. Single family attached dwellings (two units per building with each unit on its own lot) 5. Townhome dwellings (two or more units per building with each unit on its own lot) 6. Congregate living facilities 7. Congregate care facility 8. Residential care facilities 9. Senior citizen residences, subject to section 9.60.200 10.Senior group housing, subject to section 9.60.200 RMH Medium High Density Development Standards Minimum lot size for single-family detached or attached Minimum project size for multifamily projects Minimum lot frontage for single-family detached /attached Minimum frontage for multifamily projects Maximum structure height Maximum height of Architectural features Maximum number of stories Minimum front yard setback (non garage portion of dwelling) Minimum garage setback for single-family detached or attached Minimum interior/exterior side yard setbacks for single family detached and multifamily buildings Minimum sideyard setbacks for single-family attached Minimum rear yard setback Maximum lot coverage Minimum livable floor area for single-family detached excluding garage Minimum livable floor area for multifamily units excluding garage 3600 sq it 20,000 sq it 40 ft 100 ft 40 ft 42 ft 3 min 145 It of east property line 20 ft* 25 ft** 5/10 ft*** Won attached side, 15ft 68% 1200 sq ft 750 sq ft 10' on open side Pa a 10 Amendment #3 July 30, 2012 B The Centre Pointe Plan City of La Quinta Minimum livable floor area for Congregate Living Facility Units (Suites) Minimum landscape setbacks adjacent to perimeter streets"" Minimum common open area**** 250 sq ft 10' minimum at any point, 20' minimum average over entire frontage 30% *Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. "Twenty feet if "roll up" type garage door is used. ***For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. ****Does not apply to single-family detached if a specific plan is required. Landscaping and open area shall be per the standards of Section 9.60.240. Deviations Zoning Designations Height Architectural Projections Stories Minimum Living Area Congregate Uses Minimum Living Area Single Family Attached Building Lot Coverage Distance to parking Duplex Parking General Parking Proposed Existing LQMC RMH RM RMH 40 28 28 42 NA NA 3 min 145 ft 2 2 of east property line 250sgft NA NA 1100sgft 70% 100 ft+ 1 garage space + 1 guest space 134 total spaces (40 covered) 1200sgft 60% NA 2 garage spaces + 1 guest space N/A 1400sgft 60% 100 ft 2 garage spaces + 1 guest space 204 total spaces (102 covered) Amendment #3 July 30, 2012 Page 11 The Centre Pointe Project Specific Plan Land Use Area III The permitted land uses and development standards for the 2.70 acre Land Use Area III area designated as Parks and Recreation (PR) on the Land Use Plan. A. Purpose: To provide for the development open space and recreational opportunities. B. Permitted Uses: The following uses are permitted in the PR Zoning District with approval of this Specific Plan. 1. Open Space 2. Public parks and passive recreation facilities 3. Playfields, unlighted 4. Restrooms 5. Parking lots 6. Entry Monument - Land Use Area IV The permitted land uses and development standards for the 13.5 acre Land Use Area IV area designated as Office (0) on the Land Use Plan. A. Purpose: To provide for the development medical office and surgical center. B. Permitted Uses: The following uses are permitted in the 0 Zoning District with approval of this Specific Plan. 1. Medical Off ices 2. Surgery and Recuperative Center 3. Ancillary related commercial uses such as medical supply, and pharmacy C: Prohibited Uses: 1. Helicopter Landing Areas 2. Emergency Center office Development Standards Minimum building site (acres) 9 Building Height Zones First 250 feet from the east property line is limited to structure heights of 33 ft Maximum building height within the remainder of the office area (to Seeley Drive) 45 ft First 150 feet along Washington Street is limited to structure heights of 22 ft Amendment #3 July 3l), 2012 Page 12 Plan Setbacks Minimum perimeter building/landscape setback (in ft.) from Washington Street 20 ft Minimum perimeter building/landscape setback (in ft.) from residential districts 50/15 ft Maximum number of stories Parking Site Concept 1 /250 sq ft The Site Concept is presented in Exhibit B of this document. As the gateway to the City of La Quinta, the architectural and landscape design of the site will be developed to enhance the qualities of the City. The intersection of Miles and Washington, due to its prominent location, will be enhanced with landscaping and monumentation to create a sense of arrival to the site. Landscaping along the streets will respond to the existing boulevard character. A landscape buffer will be designed to mitigate traffic noise and will be oriented to preserve views of distant mountains. Sloping berms at a maximum height of 4' from curb height will be planted in layers to restrict the views of parking areas from surrounding streets. Seeley Dfive will have a landscaped median and parkways throughout the project. The broad, pedestrian -scaled character of the street will run through the site. In the residential area, sidewalks behind parkway planting will provide access to the neighborhood park. The pedestrian -accessible park will serve as green space for the residents. Architectural Character The buildings constructed on the site should maintain a consistent theme carried out by quality materials and imaginative design consistent with the existing character of La Quinta. Building design shall be unique to the site in that the configuration should take advantage of and preserve surrounding vistas. Additional reference material is provided in Exhibit C of this document. Other salient characteristics of the architectural character are: • The use of simple plaster masses with deep punched openings, arched entryways, and shading elements. • Horizontal and vertical building offsets to create articulated breaks and visual relief. • Wood detailing, tile work and vivid colors at key places along broad plaster masses. • Building integration with indigenous landscaping, such that the architecture appears as an extension and outgrowth of the landscape. • Strategic orientation and configuration of buildings and shading elements to passively heat and cool spaces. • False roofs are prohibited. Flat roofs may be used in combination with other roof forms. The simple yet strong architectural vocabulary for the development should rely on strategically placed key details and the careful selection of landscape materials. The details employed include arcades, balconies deeply recessed openings, low walls, wood detailing and awnings. Resort Uses Amendment #3 July 30, 2012 Page 13 The Centre Pointe Project Specific Plan The following architectural elements should be incorporated in order to increase building articulation and reduce the scale of the three-story hotels: • Elements such as awnings, balconies roof overhangs, or trellises that protrude from building elevations. o Varying roof plate heights that create a layered or staggered roofline. o Elements such as arcades or balconies that "step" in plan and elevation, creating shadow and depth. • Entries should be articulated with larger openings in the facade, richer building materials and colors, and arcades or portals. • Entry plazas and courtyards should include shading elements such as trellises and landscaping. Congregate Care $ Residential Uses The design of the residential component shall incorporate elements that respond to the climate of La Quinta. Such design features include patios, balconies, courtyards, arcades, plazas and paseos. Extended roof overhangs shall be incorporated into building design to provide additional shade. Overall design of the residential component shall incorporate the following guidelines: • Architectural design shall be unique in character, but consistent with surrounding area. • Orientation of structures should consider the climate of the area. • Housing edges should maximize view potential and access to natural open areas. • Porches and balconies should be designed to promote social interaction among community residents and should be an integral component of the buildings architectural style. • Mechanical elements of the building shall be screened from view by walls, fences or landscaping. • Varying house configurations is encouraged to promote variety in the street scene. • Encourage the use of curvilinear streets. Landscape Overall development identity and character is defined and enhanced by the continuity of landscape materials along publicly visible areas. Individual parcel identity can be established through variations in landscaping at major entry points, along smaller streets within the development, and within individual parcel open space areas. The HOA shall maintain all common area landscaping in perpetuity. Exhibits D 1-5 provide general guidance for the development of a final landscape plan for the development. Landscape Concept The landscape architectural theme for the development is to create an identifiable "signature" landscape character for the development. Landscaping is subject to the City of La Quinta water efficient landscape ordinance. Additional guidelines within this document are intended to achieve the following goals: Create a signature landscape theme defining the character of La Quinta Amendment #3 July 30, 2012 Page 14 The Centre Pointe Project Specific Plan • Enhance major views by landscape treatment • Utilize drought tolerant landscape • Create hierarchy of theme signage from monumental entrance to individual parcel identity • Create focal points • Utilize tree massing to screen the rear and sides of outdoor service uses (i.e. trash enclosures, etc) • Strategic clusters of dense landscaping to serve as wind barriers The landscape concept shall consist of three zones to maximize water efficiency as well as to keep maintenance at a minimum. The three zones are as follows: • Water Efficient'Drip Zone'- These areas will receive the least amount of use (e.g., median islands, parking islands, etc.). Plantings in this zone will consist of drought tolerant low shrubs, maximum use ground covers and desert trees. Crushed 'fines' rock and large boulders can be used in addition to ground covers. The irrigation system will be drip. (See Exhibit D-1) • Transitional Landscape Zone - These areas will bridge the gap between zone 1 and zone 3 and generally be seen along the street frontages. Medium shrubs, canopy trees and a limited amount of turf will be used. Turf areas should be irrigated with short flat spray heads that have short radii to reduce the amount of over spray andresulting damage to adjacent hardscape. (See Exhibit D-1 ) • Building Entry Zone -These areas will be located at building entries, courtyards or other recreational facilities that will receive maximum use. Ground covers, shrubs and trees with more abundant foliage will be used to create a cooler, quieter environment for the users of these spaces. (See Exhibit D-1) Streetscape Concept The streetscape concept is the primary landscape influence for the development and is intended to unify the development. The streetscape components consist of meandering sidewalks, identifying street tree patterns, and a bermed edge accented with shrubs, ground covers and rock. Turf areas will be located at intersections where ample space is provided. Shrubs will be used as a screen where necessary. Root barriers for trees shall be used for any tree that is located closer than 6' from adjacent hardscape. Washington Street and Miles Avenue Tree Design The dominant tree along Miles Avenue shall be Prosopis Alba (Thornless Mesquite) planted in informal clusters to follow the meandering walk approximately 50 ft. intervals. The trees should be accented by clusters of Washingtonia filffera (California Fan Palm). Phoenix dactylifera (Date Palm) should be incorporated at significant development entry drives. Washingtonia robusta (Mexican Fan Palm) can be used outside right-of-ways to accentuate buildings or other site enhancements. Landscape lighting may occur at specimen plants or to accent clusters. Seeley Drive Tree Design Amendment #3 July 30, 2012 Page 15 The Seeley Drive should be planted with Tipuana Tipu (Tipu Tree) to lineate the road. Washingtonia filifera (California Fan Palm) shall be used to accent major parcel entries. Significant specimen plants will be accented with uplighting. To supplement this pattern, other species of trees can be used on site. Please refer to the plant palette (See Exhibit E) Development Entries at Washington Street and Miles Avenue Development entries at Washington Street and Miles Avenue shall continue the Phoenix dactylfera (Date Palm) theme from the development entries as mentioned above. Phoenix dactylifera (Date Palm) shall be spaced formally at 25' intervals along the center median. Along either side of the street, Phoenix dactylfera (Date Palm) will occur at 25' intervals and be placed to follow the contour of the meandering sidewalk. (See Exhibit D-2, 3). Parking Areas Parking area landscaping shall be designed to accomplish the following: • Provide shading • Serve as a visual barrier from Miles Avenue, Washington Street and Seeley Drive. Landscaped islands shall be provided at the ends of stall rows to break up parking areas by creating a series of smaller parking pockets. Parking pockets shall be distributed at a minimum of one per 10 parking stalls and should provide a minimum of 10' landscaped width to allow planting and mounding. The landscaped islands shall be a minimum of 9' wide providing a minimum of 6' wide landscape space. Islands shall contain large canopy trees to provide shade. Parking lots shall have 24" box trees (2"-3" Caliper) whose placement shall be such that the mature tree spread will shade fifty percent (50%) of the parking stall area with tree canopies within 15 years. Along Miles Avenue and Washington Street, parking must be screened with a block wall and/or berm (3:1 slope maximum, height of 4' from curb height) with adequate landscaping planted between the property line and the paved parking areas. Shrubs should partially screen cars and aisles, transforming vast parking lots into a series of smaller alcoves. (See Exhibit D-5). Minimum Landscaping Guidelines These development regulations are meant to meet the City of La Quints water efficient landscape ordinance and to define an appropriate plant palette that will reinforce the unique identity of the development, yet provide flexibility and diversity in planting design. A limited selection of plant materials used in simple, significant compositions is encouraged. Planting design should be compatible with and compliment adjacent plantings, reinforcing and enhancing the individual architecture and design of the site. The materials on the Plant Palette (See Exhibit E) have been selected for their contribution to the development theme, their adaptability to climatic and soil conditions and with respect for long term cost effective maintenance. Detailed landscape and irrigation plans are to be prepared by a landscape architect licensed in the State of California for each individual component of the development. The landscape plans are to be submitted to the City for review. All landscape areas are to be served by a permanent automatic underground irrigation system. Amendment #3 July 30, 2012 Page 16 The Centre Pointe Project Specific Plan Art in Public Places Fees generated for the development of this site shall be utilized to provide public art in Land Use Area I and IV. In lieu fees will not serve as a substitute for public art except in Land Use Area II. Sustainabiilty Guidelines In response to the recent California energy crisis the City is taking a proactive role in development by ensuring that energy efficiency standards will be incorporated into this Specific Plan. An energy efficiency plan shall be submitted to the City for approval and shall include the following aspects: orientation, shading, solar paneling and energy efficient products. Circulation The circulation system for the Specific Plan conforms to the requirements of the City of La Quinta General Plan - Circulation element by providing a hierarchy of vehicular traffic -ways with pedestrian -ways segregated within the plan area. A detailed discussion of the technical issues of traffic impact analysis is presented in a site specific report prepared by Urban Crossroads. The traffic impact analysis shall be revised with future Site Development applications to reflect the changes in Land Use Areas as proposed by this Specific Plan Amendment No. 2. The following guidelines shall be implemented to provide a hierarchy of travel options to residents and guests within the development: Construct internal roadways that provide a safe route for development ingress and egress to both commercial and residential areas. • Construct bike paths connecting with the system of bike paths outside the development area consistent with the architectural theme and landscape character. • Construct pedestrian meandering walkways connecting commercial, residential areas with surrounding sidewalks. Walkways shall blend with the surrounding landscape character and provide interconnectivity within the development. Off -site Improvements • The development shall contribute towards a citywide roadway and traffic signal improvement program as a result of infrastructure development fees for the City of La Quinta. These fees shall be paid at the building permit stage of development. • The Public Works Department shall consider the option to install a left turn pocket for southbound Seeley Drive, north of Miles Avenue. On -site Improvements • Construct Seeley Drive from Washington Street to Miles Avenue at its ultimate width as a local street in conjunction with development. • Sight distance at the development entrance should be reviewed with respect to standard CaltranslCity of La Quinta sight distance standards at the time of preparation of final grading, landscape and street improvement plans. Amendment #3 July 30, 2012 Page 17 The Centre Pointe Project Specific Plan City of La Quints Traffic signaling/striping at Miles Avenue and Seeley Drive should be implemented when warranted in conjunction with detailed construction plans for the development site and shall be financed 100% by resort developer. Wind & Erosion Control The Coachella Valley experiences periods of moderate to high wind conditions. Therefore, windblown dust and sand are a concern during local grading operations. The South Coast Air Quality Management District and the Environmental Protection Agency have instituted a plan in the Coachella Valley to reduce excess PM 10 (small particle dust). These provisions must be adhered to during grading operations. SWPPP/NPDES/PM10 The provisions of the National Pollutant Discharge Elimination System (NPDES) apply to construction projects over 5 acres in size. The development will require a Notice of Intent (NOI) and NPDES permit containing a Best Management Practices Plan to be filed/prepared. Furthermore, a Stormwater Pollution Prevention Plan (SWPPP) must also be prepared for the development and submitted to the City of La Quints. Drainage and Flood Control The drainage plan proposes to collect and convey storm flows via a piped storm drain system to the Coachella Valley Stormwater Channel. This system would be installed in phases starting with the northerly portion of the site (hotel and casitas) including facilities contained within Seeley Drive. If the plans for the remainder of the property (medical office building, residential and boutique hotel) are advanced to the point of knowing where the storm drain(s) would be located, then the entire system may be installed with phase one. If the detailed plans are still undergoing refinement, then one or more temporary retention basins may be installed to collect the stormwater until those phases are constructed. A feature of the grading and drainage design will be an overflow channel in the event that the storm drains become inoperative. A requirement with the storm drain system will be an intercept to collect nuisance water such as a dry well or sand filter system. With the dryweils or alternative intercepts sized appropriately, this type of system eliminates nuisance flow discharges to the channel, provides an emergency overflow through the channel wall and' eliminates surface runoff over the channel wall. Due to the phasing of the development, reciprocal drainage agreements may be necessary. Utilities The infrastructure that will serve the development is described below and is designed to provide a coordinated system of infrastructure and public services to adequately serve the plan area at full build out. The infrastructure and utilities plan identifies standards relative to land use for the plan area and establishes the infrastructure and public service policies. Sewer Plan The development is located within the jurisdiction of the Coachella Valley Water District (CWVD) for sewer service. As shown in Exhibit G, an existing 184nch sewer main is located along the CVWD channel access road, to the south of the development. Preliminary discussions with Amendment 43 July 30, 2012 Page 18 The Centre Pointe Project Specific Plan CVWD have indicated that two connections to this existing District facility are appropriate. One sewer service will connect to an existing manhole near the southwest comer of the development (near the intersection of Washington Street and the Coachella Valley Stormwater Channel) and extend northward along Washington Street to future Seeley Drive. This line will extend up Seeley and provide service for the proposed restaurant, commercial, hotel, and townhouse developments. The second sewer service will connect to an existing manhole near the southeast corner of the development. This service will extend on site and be used for future single-family residential development. Water Plan The development Is located within the jurisdiction of the Coachella Valley Water District for water service. As shown in Exhibit H, existing 18-inch water stubs are located at both ends of future Seeley Drive. Preliminary discussions with CWVD have indicated that the developer would be required to complete this 18-inch loop. On -site domestic, irrigation, and fire flow water would be provided from the proposed 18-inch pipe. Electrical Plan Electric service is provided to the site by the Imperial Irrigation District QID). A preliminary discussion with IID has indicated that electrical facilities are located on the south side of Miles Avenue and the east side of Washington Street. Further discussion with IID will be necessary to identify the exact location of these facilities. Service to the development is assumed to be outline. Other Utilities Natural Gas - Natural gas service is provided to the site by the Southern California Gas Company. Based on "as -built" plans, an existing gas main has been identified in Washington Street, adjacent to the site. Further discussion with the Gas Company and a field investigation are recommended to determine the exact location of the pipe. Service to the development is assumed to be routine. However, some cutting and removal/reconstruction of pavement and curb will be required. Telephone - Telephone service will be provided to the development by Verizon. Based on "as - built" plans, existing telephone facilities have been with Verizon will be necessary to accurately locate these facilities and determine the preferred connection points. Service to the development is assumed to be routine. It is likely that some cutting and removal/reconstruction of pavement and curb will be required. Cable Television - Cable Television service will be provided to the site by Time Warner. Based on correspondence with the cable company, empty conduits exist along the south side of Miles Avenue and the east side of Washington Street. The exact location of these conduits is not known. Further discussion with the cable company will be necessary to determine if extension of existing cable lines to serve the development is feasible. Phasing The following diagram illustrates the phasing schedule for the proposed development. A detailed description of each phase can be found in the Fourth Amendment to the Disposition and Development Agreement (DDA). Amendment#3 July 30, 2012 Page 19 The Centre Pointe Citv of La Quints Specific Plan Minor Modifications to Land Use Area II The following constitute minor modifications to the Specific Plan and not requiring a Specific Plan Amendment and are subject to review and approval by the Community Development Director. The Community Development Director shall have the discretion to refer any suck request for modification to the Planning Commission. • Change in utility and / or public service provider. • A maximum increase of twenty five percent (25%) to the total number of units or twenty five percent (25%) of the density. • Minor changes to landscape materials, wall materials, wall alignment, entry design, and streetscape design, which are consistent with the conceptual design, set forth in the design guidelines, contained within the Specific Plan. • Minor changes to the design guidelines, which are intended to be conceptual in nature only, and are intended to be flexible in implementation. • Other modifications of a similar nature to those listed above, which are deemed minor by the Community Development Director, which are in keeping with the purpose and intent of the approved Specific Plan Amendment and which are in conformance with the General Plan. Prior to the Planning Director making a written determination as to the substantial conformance of a revised plan in accordance with the standards set forth in the approved Specific Plan Amendment, the applicant shall prepare a written request that addresses the nature of the revisions and how the revised plan complies with the adopted Specific Plan Amendment Amendment #3 July 30, 2012 Page 20 Centre Pointe standards. The applicant's request shall be accompanied by appropriate graphic and / or technical information that supports the revision(s). Specific Plan Amendments Amendments to Specific Plan Amendments may be requested by the applicant at any time pursuant to Section 65453(a) of the Government Code. Amendments shall be processed pursuant to the provisions of the Government Code for Specific Plan Amendments. In the event the proposed amendment requires supplemental environmental analysis pursuant to the California Environmental Quality Act (CEQA), the applicant(s) are responsible for preparing the necessary CEQA documentation. Modifications to Approved Gradina Final grading may vary from the project's approved tentative map. Land Use Element General Plan Land Use Goal 2; Policy 2 and Program 2.2, Policy 4: "The site is greater than 10 acres in size and is located within a land use designation (Tourist Commercial) that requires the preparation of a Specific Plan." Residential Land Use Goal 2; Policy 1, Policy 2, Policy 5 and Program 5.1, Policy 6: The proposed development will add to the broad range of housing types and choices for all residents of this City and feature a senior housing component consisting of congregate care, assisted living, memory care and cottages. The density for the development shall be 12 DU/AC. The specific plan contains development standards including setbacks, and architectural design characteristics. The plan includes attached and detached product offering more opportunity for affordability." Commercial Land Use Goal 1 and 2; Policy 2: "The Tourist Commercial (TC) and Office (0) categories shall provide for a narrow range of specialized uses oriented to tourist and resort activity. The TC category includes destination resort hotels, small boutique hotel units, eating and drinking establishments, accessory retail. The development of hotels and related tourist -oriented uses is highly desirable to provide a future revenue base for the City. The Specific Plan provides standards to guide tourist -oriented development." Other Land Use Goals Goal 1, Goal 2, Policy 4: 'The Park (P) category of this Specific Plan shall provide for the designation of an improved public park and recreational facilities in the City. Amendment #3 July 30, 2012 Page 21 The Centre Pointe Project Specific Plan Circulation Element Traffic and Circulation I . Policy 2 and Program 2.2, 2.3, 2.4, 2.10, Policy 6, Policy 13.1, 13.2, Policy 14 and Policy 15: 'The proposed development has defined improvements which specifically minimize the disruption of established neighborhoods, schools and commercial centers by the creation of Seeley Drive with internal access points for the development at a minimum spacing of 250 between access points, minimal access points on Washington Street and Miles Avenue. Washington Street is classified as a major Arterial and Miles Avenue is classified as a Primary Arterial. The development will not lower established levels of service along either arterial. The Specific Plan identifies design standards for the development and enhancement of streets. The Specific Plan further requires City approval on all future street design. The completed street sections will contain provisions for bicycles and pedestrians to reduce dependence on vehicles for transportation. Open Space Element Open Space Policy 1 and Policy 7: Although the site does not have direct access to hillside areas or other identified areas of preservation there has been the provision of onsite amenities associated with the resort components, the plan also sets aside 2.70 acres of public park space. The Specific Plan recognizes the importance of views and prescribes guidelines to preserve them. Parks and Recreation Element Parks and Recreation Goal 2, Policy 1, Program 1. I, Program 1.3, Program 4.4, Policy 6, In addition to the onsite amenities associated with the resort components, the plan has set aside 2.70 acres of public park space within this project. Guidelines have been outlined in the Specific Plan for the reduction of waste and water efficiency through irrigation methods and select plant species. Natural Resources Element Air Quality Goal 1, Policy 1, Program 2.1, Policy 3, Policy 4: The development is located adjacent to similar uses and is not subject to objectionable odors or emissions. Landscaped setbacks have been incorporated into the plan to separate the uses from adjacent roads and associated impacts. The plan proposes a mixture of uses that could assist in reduced commutes. The plan provides easy access to major roadways thereby reducing vehicle miles traveled to reach major transportation routes. Energy and Mineral Resources Goal 2, Program 1.2, Program 2.1, Program 3.2: The Plan encourages that the buildings contain the up to date energy efficient appliances and solar control to reduce impacts on non-renewable resources. The Specific Plan also encourages the use of active solar, passive solar and other energy conservation opportunities wherever feasible. Amendment #3 July 30, 2012 Page 22 The Centre Pointe Project Specific Plan Biological Resources Program 1.2, Policy 2, Program 2.2, Program 2.4, Policy 3: The site is located in an area of high sensitivity to various species including the Palm Springs, Pocket Mouse, the Palm Springs Ground Squirrel and others. At the appropriate time, biological surveys will be conducted to determine if any protected species are present. Recommended mitigation will be followed. The site will also participate in the payment of fees for the protection of the Coachella valley fringe -toed lizard. The Specific Plan encourages the use of native and drought tolerant plant materials particularly in the public areas. Paleontological Resources The site is not located in an area of high paleonotolgical sensitivity. Water Resources Policy 1, Program 1.1, Program 1.2, Program 1.3 and Program 2.2: The Specific Plan encourages incorporation of the comments from the Coachella Valley water District regarding water usage and conservation methods. The site contains a well site that is dedicated for the purposes of new domestic supply. The sire will contain on site retention areas that will assist in the recharging of the groundwater supply and flood control. Infrastructure and Public Services Element Infrastructure and Public Services Program 1.1 and Program 4.2: The Specific Plan requires compliance with the regulations of the Uniform Fire Code and encourages safe areas, well lighted parking areas and other security measures promoted by law enforcement agencies. Educational Facilities Program 1.1 and Policy 3: The land uses included n the Specific Plan are subject to the payment of an impact fees to offset impacts to the school system. Surface Water and Storm Drainage Policy 2, Policy 3 and Policy 4: The Specific Plan provides for retention basins to be incorporated into the grading and drainage plans of the individual site developments. These retention basins shall be encouraged and to the extent feasible be sited in areas which facilitate recharge of the groundwater aquifer. Adequate on and off -site storm water collection and detentiontretention facilities that will contain and convey storm water to the Coachella Valley Stormwater Channel will be reviewed by the City. Solid Waste Management Policy 1 and Program 1.1: The Specific Plan encourages the wise use of resources and that includes provisions for recycling and use of solid waste management services. Domestic Water Policy 1 and Program 1.1: The project area is adequately served with domestic water and sanitary sewer services by the Coachella Valley Water District. Amendment #3 July 30, 2012 Page 23 The Centre Pointe Project Specific Plan Citv of La Quinta Public Utilities Policy 2, Program 2.1, Program 2.$ Policy 3, Policy 4, Program 4.1 and Program 4.2: The Specific Plan proposes to that all utilities will be undergrounded. In addition communication facilities that will serve the project will be placed underground. Environmental Hazards Element Hazardous Materials Program 3.1, Program 4.1 and Policy 5: The uses proposed in the Specific Plan will comply with local regulations regarding the transportation, storage and disposal of hazardous materials. The development will also be connected to sanitary sewer system of the Coachella Valley Water District. Geologic and Seismic Hazards Policy 3, Program 3.1, Policy 5, Program 5.1 and Policy 9: The Specific Plan shall require that all structures and foundations be designed and constructed to resist seismic forces in accordance with the criteria of the Uniform Building Code (UBC). Although the site is not located in an Identified area of unstable soils the development shall comply with City regulations regarding soil compaction tests. The site is located in an area identified as a wind hazards area. Care shall be taken in the placement of buildings and public areas to minimize the wind associated impacts. Flooding and Hydrology Policy 5, Program 5.1 and Policy 6: The site is not located within a flood hazard area but it adjacent to the Coachella Valley Stormwater Channel. Partial lining of the channel will protect the embankments and slope areas adjacent to the site. The development will contain its incremental increase in storm runoff on site and only emergency flows will be discharged into the Channel. On site facilities will be designed to address nuisance water. Noise Policy 2 and Policy 3: The Specific Plan has provided setbacks from the major roadways and encourages care when placing structures to that the maximum amount of noise insulation is proved to sensitive receptors. The residential uses are located to the most distant point form the noise sources. Cultural Resources Element Historic Preservation The site is vacant and contains no visible historical resources. Care should be taken during grading and excavation. If resources are encountered, activities should be diverted to other areas until the significance of the resource can be determined. Housing Element Policy 1 .I .8: A housing analysis shall be submitted as part final the final development plan. Amendment #3 July 30, 2012 Page 24 The Flooding and Hydrology Goal, Policies and Programs Goal: The protection of the general health, safety and welfare of the community from flooding and associated hydrological hazards. Building design and a reduced demand for vehicle parking reduces the demand for impervious surfaces on our site. This promotes less stormwater runoff and lessens the impact on surrounding stormwater infrastructure. Policy 5: Drainage policies and development standards shall provide for a reduction in runoff from developed lands and shall be consistent with local and regional stormwater management plans. Reduced impervious surface compared with other possible uses along with well engineered on site stormwater detention provides controlled low impact stormwater runoff. That meets or exceeds stormwater management standards. Noise Goal, Policies and Programs Goal: A healthful noise environment which complements the City's residential and resort character, and the mix of land uses provided in the City. The proposed use of a Retirement Residence and Assisted Living Facility provides comparatively low noise impact to the surrounding environment. Less traffic as well as lower volume and fewer noise producing elements and equipment promotes a healthy low impact noise environment. General Land Use Goals, Policies, and Programs Goal 2: High quality development which promotes the City's image as the as "The Gem of the Desert" Neighborhood and community compatibility is achieved through careful planning and building design. The wing ends and building center step down from three to two and one story. This arrangement provides for privacy and a gentle change of scale creating a "residential feel" to the site. Care is taken to maximize the appeal of the building and the site amenities while minimizing the impact to the surrounding community. Program 4.1: The City shall maintain detailed requirements for the preparation of the Specific Plans in its Development Code. The specific plan for this site is being amended to accommodate the development of the proposed Retirement Residence and Assisted Living Facility. Amendment #3 July 30, 2012 Page 25 The Centre Pointe Policy 5: All land use development proposals shall be consistent with all applicable land use policies and standards contained In the General Plan. The overall intent and design for both the Retirement Residence and Assisted Living Facilities will conform to all applicable policies and standards under the La Quinta General Plan. Policy 10: The City shall maintain its "dark sky" ordinance All exterior lighting is for this site is designed to remain on site and adhere to the "Dark Sky's" ordinance while providing a well lit, safe and secure environment for our residents. Residential Goals, Policies, and Programs Goat 1: The maintenance and protection of residential neighborhoods to assure that future housing needs are met Site and building design enables these facilities to blend in to with the surrounding environment while providing two very vital areas within the senior housing segment of the La Quinta community. Goal 2: A broad range of housing types and choices for all residents of the City Providing an Independent living Retirement Residence and Assisted Living Facilities assists in broadening the senior housing segment for La Quinta. Additionally these facilities provide a practical option for La Quinta seniors that allow them to remain within their local community. Policy 1: The City shall encourage the preservation of neighborhood character and assure a consistent and compatible residential land use pattern. The proposed uses for this site provide both compatibility and a positive transition between the residential uses to the east with the more intense medical use to the west. The residential nature of the design and gradual change in building heights further facilitates this compatibility. Program 1.1: The City shall periodically review land use designation definitions to assure that changes In the community and marketplace are met. These proposed facilities are a vital component in meeting the growing demand for senior housing options in the La Quinta community. Program 1.2: Apply the City's discretionary powers and site development review process consistently to assure that subdivision and development plans are compatible with existing residential areas. The intent of this development is to achieve Neighborhood compatibility through careful planning and building design. Amendment #3 July 30, 2012 Page 26 The Centre Pointe Project Specific Plan Policy 2: Encourage compatible development adjacent to existing neighborhoods and infrastructure. The proposed uses for this site provide both compatibility and a positive transition and buffer that protects the existing the residential uses to the east with the more intense medical use to the west. The residential nature of the design and gradual change in building heights further facilitates compatibility and buffering. Commercial Goals, Policies and Programs Goal 1: A balanced and varied economic base which provides a broad range of goods and services to the City's residents and the region. The proposed development of the Retirement Residence and Assisted Living Facilities meets senior housing needs while providing a stable, balanced employment base for staffing the facilities needed services. The services provided create employment on site as well as demand for goods and support servicps from the local community. Water Resources Goal, Policies and Programs Goal: The careful management and conservation of the City's water resources. The congregate nature of these facilities along with the energy and resource efficient design allows for lower utility usage in comparison with other residential uses of similar density. Program 1.2: The Building Department shall ensure that all plumbing fixtures in new development and remodeling projects conform to applicable California statutes and codes especially dealing with water saving fixtures. All fixtures and appliances will meet or exceed existing energy saving standards. Policy 2: The City shall continue to promote groundwater recharge efforts. Site design intentionally maximizes pervious surface and groundwater retention and supports groundwater recharge, reducing outflow to the surrounding properties and infrastructure. Education Facilities Goal: Educational facilities and services that are adequate and convenient to all City residents and enhance the quality of life within the community The age specific nature of these segments of the senior housing market assures no direct impact on local educational faculties. Although a positive byproduct often results in a new volunteer base for the neighboring schools for reading, tutoring and adopt a grandparent programs. Amendment #3 July 30, 2012 Page 27 The Centre Pointe Surface Water & Storm Drainage Goal Goal: Adequate defense against the potential hazards associated with stormwater and surface water flooding. Site design intentionally maximizes pervious surface and groundwater retention and reducing outflow to the surrounding properties and infrastructure Policy 3: All new development shall include on -site retentionldetention basins and other necessary stormwater management facilities to accommodate runoff from the 100-year storm. Site design intentionally maximizes pervious surface and on site groundwater retention therefore reducing outflow to the surrounding properties and infrastructure. Site stormwater design will meet or exceed the 100-year storm standard. Domestic Water Goal Goal: Domestic water facilities and services which adequately serve the existing and long-term needs of the City. The congregate nature of these facilities with common kitchen and laundry along with the energy and resource efficient design allows for reduced domestic water consumption comparison with other residential uses of similar density. Policy 1: The City shall assure that adequate, high quality potable water supplies and facilities are provided to all development In the community As stated above the proposed uses create a lower demand on domestic water resources and infrastructure. Sanitary Sewer Goal: Sanitary sewer facilities and services which adequately serve the existing and long -tern needs of the City. The congregate nature of these facilities along with the energy and resource efficient design allows for lower utility usage in comparison with other residential uses of similar density lowering the demand on sanitary sewer infrastructure. Air Quality Goals, Policies and Programs Goal 1: Land use and development patterns which contribute to the improvement of local and regional air quality. Both facilities provide reduced traffic impact and minimal air quality impact. The private shuttle transportation provides an attractive alternate transportation option that is environmentally . friendly. Residents of both facilities are provided this service at no additional cost to the resident. Amendment #3 July 30, 2012 Page 28 Goal 2: A reduction in pollution emissions,generated within the City. Fewer than 20% of our residents drive and with the private shuttle service the vehicle emissions for this site will be nominal. Policy 4: The City shall encourage growth around activity centers and arterial streets to provide more efficient travel patterns and transit service. The facilities location on Seeley Drive and close proximity to the Eisenhower Medical Center places it in an ideal location for efficient facility provided transportation as well as public transit Energy and Mineral Resources Goal, Policies, and Programs Goal 1: The efficient use and management of valuable energy resources. The congregate nature of these facilities with common kitchen and laundry along with the energy and resource efficient design and the energy efficient appliances allows for reduced consumption of energy. Program 1.1: Planning and building standards which minimize the consumption of non-renewable energy resources shall be incorporated Into City codes. Careful site design for both facilities along with intentional energy and resource saving design allows for lower utility usage and demand on resource sensitive utilities, resulting in lower demand on overall utility infrastructure. Program 1.2: Passive design concepts which increase energy efficiency, such as the use of landscaping materials and site orientation to provide shade and windbreaks, shall be encouraged. Site design is a critical component for both neighborhood compatibility as well as providing passive heating and cooling features for each facility. Each facility is oriented and the landscape is designed to gain the maximum benefit. Program 2.1: Establish building setbacks such that they do not compromise the solar access of adjacent properties. The facilities orientation and ample setback are designed to both respect and protect the solar access for the surrounding properties. Amendment #3 July 30, 2012 Page 29 The Centre Pointe Project Specific Plan City of La Ouinta N.T.S. Exhibit A I Exhibit B Otm, Exhibit B is for illustrative purposes and is subject to mod'rfication based upon the development standards in the Specific Plan and applicable Zoning Development Standards. IIt11NOW aT_11J2 LANDSCAPE- BERM BUFFER TO PARKING Congregate Care Uses RESTAURANT * THE ABOVE SITE PLAN REPRESENTS A CONCEPT AN." IS SUBJECT TO CHANGE `i-h<: Cen*re, Pointe ='r oject specific ian Exhibit City of La C�uInta E3i EXHIBIT B-2 MSA LQNSfA.,TII14Ixc irOt►C9CENTRE 'Ix'—anw,�wtmnw�wyu«s[.,aarautw nmfi»inv.es. aau.x.ninue.aecffire.Uu®,eaaan.zcvslx'atxria�aew.ur s m dt'!' LAAMetgod SuCalOrE6EYEN DLNTA. CALBFCRtFTC ii =77 A01'r 47-A V -77,77= 3 EXHIBIT B-3 - rtesteerants, Resort, TA'POINTE DEvELoPA _T LA QUtNTA. CALM Architectural Chorocder RefurvInce Images T-,e Cer-Are- poin-e P-01"ecspecific Pfar. city of La Architecturul Character Reference images The Centre Pointe Project Specific Pear, Exhibit C-2 City of La Quinta ENTRY MILES STREETSCAPE *ENTRY MONUMENT *WATER EFFICIENT LANDSCAPE *ACCENT PAVING *MEANDERING SIDEWALK :'FORMAL ARRANGEW CITY ENTRY ELEMENT *PALM GROUPINGS, CANOPY OF PALMS LUSH DESERT LANDSCAPE TREES FOR SHADE *COLORFUL ACCENT PLANTS WITH ACCENT PLANTS WATER EFFICIENT VEINNUE 'DRIP ZONE' I � RESORT CASITAS RESORT *ESTA CASITAS RANT' INTERIOR STREETS APE lip *MEDIAN ISLAND PLAWING *STREET TREES SPACE) 40' D.C. RESORT ZONE PARK HOTEL WATER EFFICIENT TRANSISTIO "DRIP ZONE' ZONE WATER EFFIC T yO 'DRIP ZONE' Residential/ Congregate Cam LANDSCAPE WAS PERIMETER STREETSCAPE *MEDIUM HEIGHT TREES *WATER EFFICIENT LANDSCAPE . WITH TALL SHRUBS FOR *MEANDERING LANDSCAPE 1 SCREENING *PALM GROUPINGS, dd *LANDSCAPE NOT TO CANOPY TREES FOR SHADE OBSTRUCT VIEWS OF SURROUNDING MOUNTAINS MEDICAL OFFICE BUILDING CLINIC Congregate Care PROJECT ENTRY ELEMENT *SPECIAL FEATURE *ENTRY MONUMENT *ACCENT PAVING *COLORFUL ACCENT PLANTS WELL SITE MEDICAL OFFICE BUILDING / CLINIC u Tne Cen're Pointe Project Specific Ptan City of La Ouinta $ 0 . / E �#\,} § $ QQ a $E., zzk W'I m u, g»44E f as cr ;z L) 0 E$&}9 4 2),E E 7))$ E z!. §,//\... A�\ �® \ ƒ " k � � f * fill : The Centre .Pointe- Pr2jeclSpecmc Plan City of La Qumta� { � /( The Centre Pointe Project Specific Plan . City of, La OGnta ffATCR imcaw ►AmDWA1s z4na YfTN rvm 4 ASRIf CtC"aftp Y+p ACAm m P.►gr6 T�iO tOT ' r SttlTdtAB 70 6ciwmm PANG ALTiRNAT" 'A' Mama tr =h7 LlMD3"" X0109 tITN 0010 1R1MG�t7uv tN Wit TV DCM=q 1"ARXA4I AL'T5RNAT1V6 '8' PARKING LOT LANDSCAPE BUFFER ZONES The Centre Point: Project Specific Plan Exhibit Cityof La Quinta ff -PAL" TREES WITH ET vimll!aul�l 11.1 1. � r-fETDIAN 15LAND LANDSCAPE' PALMS W:TH ciRouNDCOvERB, f=Af:;3<WAY LANDSCAPIE WM4 TUFO= OR GROUNDCOVER$ /-,--CANOPY OTREET TREE ZWA�� SEELEY DRIVE STREET SECTION The Centre Poinie Project Specif'c Pian Exhibit C:ty of La (Duinta ' tain0777`r . ttl• �� i •s r v . � t f a so ✓'RAWi ► <fFMedilwanean Fen •' rF • rt F _:• • Is 4 L• F n 1 • 1 1 s f •1 ... ✓mWarewrvala Cycas F - • f DaOiriml • •' o.: r.• •.. si 17 r iF 1. L6 carm 1 'rii.�IooEsaLKY NMAf r_ •• �. Encdoefarinow y n1-901. Ebry)PSpedinalis i'a FIgyws 5.0, Hibis4s rftmdnwds,.W is 1. •F 2 Y. F tl c. e^ 1-0 ,Mamdjn.:i pjjxjjum • _. r- .. d... ; Centre Pointe Project SEec►fic Plan Exhib it ......_..P F City of La Quinta, m '. f t..- .. ...... r 1� ■ "Gytf; ':A 'i � t 6414E� R Karst' B Karst h 5<jW• CAliandra inaequilatera Fink EOneier RN 1 59A- TWO= MOMS {ape Haney Ade 15gal- Acacia reddens'(kam Carpet' Creert Carpet Acada 1-gal. Anm—War asrmai fiats 4fiaris'CsiE iaf' Desert Broom Hybrid 1 Vt. r@3` O.G. Lantana montekaderWis Trailing lantana Itga( Q4' o,a Tradhelo5permum jasminoldes Sar bwTiro C obble'Sinburst Pebbled 3" - 6" da. DO Dowt dug 2" "ttt Ormitetbulders d Hybrid Darmuda The Centre Paintca Project Specific Plana Exhibit City of La Ouinta 'fexl'nhii '> 'VASHN& ON 3TREP7 SEELgY DRIVE WATE RESIDENML DRIVE The Centre Pointe Pro.lect Specific Plan �� *W M ' r T'-ie Conti- - I - Flo-inte �'rojecf SPe&-Ic 1p-Exhibit -�,-1 Cly of '.a r-�un4a Tne C'enire Flointe Flroct Specific Plan C"ily of 'a Quinta Exhibit H ATTACHMENT # 6 LTA 11►191 ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE MEETING A special meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 13, 2012 2:01 p.m. I. CALL TO ORDER A. This regular meeting of the Architectural ndsca ping Review Committee was called to order at 2:01,i. by Planning Manager David Sawyer who led the Committee,�tFig salute. B. Committee Members Present: 41 Gray, Xgn McCune, and av Rooker Committee Member Absent: e s041kw urn 0 C. Staff present: Planrilr Director Le�ohnson, Planning Manager David Sawyer, Assist�nner JaY end Secretary Monika Radeva. II. PUBLIC III. CONFIRMA IQN,OF TH AGENDA !,Confirmed di.: lS 3 #? `, .pr��AIV. CONS�.. � > y, Staff asked if ditil ny changes to the Minutes of April 4, 2012. olh'6&,being no cent r corrections it was moved and seconded by Committee Member Rod ker/Gray to approve the minutes as submitted. Unanimbitu (y appro O d. V. BUSINESS A. Site Development Permit 2011-921 has been submitted by Lenity Group, LLC. for consideration of site, architectural, and landscaping plans for the La Quinta Retirement Community; located on Seeley Drive, east of Washington Street, south of Miles Avenue, within Centre Pointe. Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. Architectural and Landscaping Review Committee Minutes September 13, 2012 Planning Manager Sawyer asked the Committee if there were any questions of staff. There being no questions of staff, Planning Manager Sawyer said the applicant was present and available to answer any questions from the Committee. Mr. Dan Roach, Principal, AIA, with Lenity pup, LLC., 471 High Street SE, Suite #10, Salem, OR, introd ed 'imself and gave a brief overview of the proposed uses On the development — retirement, assisted living, and mem calf° nd the location and layout of the units. General discussion followed r rding putting 1,,.,pest/sitting areas, proper shade for � est/s ng areas `#ash pickup , R procedures, times and location ' rrtectural style' of the trash enclosures, recycling etc. Committee Member 1360 installing the proposed`IIwii instead of half, due to thd` Comrrlee Me r Rookei multYcol�alet V througho He noted a iced. lai W-the applicant consider to all of the windows esert summers. ssed incorporating the proposed project, including the cottages. inq around the units was a bit Com WcCune asked if the applicant specialized in uildmg thlogn ype facility. Mr. Roach replied the applicant had n build in acilities like this for over 30 years all over the United S s and;'eneral discussion followed regarding the increased dem t f such facilities and what would be considered a standard unit size General discussion followed regarding the placement of a variety of block walls for the different types of facilities within the development; turf areas, possibly placing a gazebo at the putting green; and neighborhood outreach meetings identifying the basics of the project which was favorably received. P:\Reports - ALRC\2012\ALRC_10-3-12\ALRC Min_9-13-12_Draft2.doc 2 Architectural and Landscaping Review Committee Minutes September 13, 2012 Committee Member McCune suggested the proposed Cork Oak tree from the plant palette be replaced with a Virginiana Oak tree, as the first does not fare well in the desert area; the use of LED lighting for the landscaping; and the use of more contemporary light fixtures to illuminate the paths. He commended the applicant for a very well done project. Committee Member Rooker inquired about what methods would be used to hide any mechanical equipment anda,Mr. Roach explained how that would be achieved. General discussion followed regardir that would be located adjacent locations, noise levels, and a followed regarding the use-f d Planning Director Johnson" t drainage infrastructure was alrea matter of connectingto the existing was additional disc u�a, regarding water, overflow pr,ted..1,x me landscaping maintenancij; e c r e fd # p Eisenhower facility pros . =, A/C unit types, walls. her discussion spouts forof�, drainage. e site's mstreet and ace and it would only be a fall into the channel. There �ettling pond for nuisance sw~ ucontracting out the General .0f to "' n follo" regardi g possible wall accents in addi i 'to the pposed stye veneer to the rear elevation of the garage fated � t the sout t tip of the property, types and materials ko'rs, trises, and occupancy capacity for the Committ emb`W`�j fay said he was pleased to see this project in La Quinta. t..''t ommi 'e would like the applicant to consider the following com` , ; t d suggestions: fnstall window awnings to all windows throughout the project • Incorporate the proposed multicolor palette throughout the project, including the cottages • Replace the proposed Cork Oak tree with Virginiana Oak tree and add landscaping to the areas discussed. P:\Reports - ALRC\2012\ALRC_10-3-12\ALRC Min_9-13-12_Draft2.doc 3 Architectural and Landscaping Review Committee Minutes September 13, 2012 There being no further discussion, it was moved and seconded by Committee Members McCune/Gray to adopt Minute Motion 2012- 004, recommending approval of Site Development . Permit 201 1- 921, as submitted with staff's recommendations. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None. a VIII. PLANNING STAFF ITEMS: A. Planning Commission Update A, h Planning Director Johnson said�e General Plan mate had been presented to the Planning Co ion f. review anc�nsideration during the regularly scheduled meet ember 1 1 yr2012. Some public comments were received an&lt Commission recommended approval of the projec the City il. The project will be presented to the City Co „ review aid sideration during the regularly scheduled mE of gber 2 12. The project is ,..,: available for review on the Chy's e B. Discussiorl;a5f Planning M mgeWV., th items olte :h stoncaI y went discus tijn the Sp staff' `,' h any joint r9., e notify th�tii been identffiec IX. ADJOURNMENT: eT r exp$!ned that the City Council usually �y's� '4456d commissions once a year to discuss �d hear suggestions. The meeting has been du fie month of November; however, there is , for ossibly changing the meeting date to be some $1. He encouraged the Committee Members to e-mail ms or questions they might like to discuss during the staff could bring those up for consideration. Staff will iittee Members of the joint meeting date once it has There being no further business, it was moved and seconded by Committee Members McCune/Gray to adjourn this meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on October 7, 2012. This meeting was adjourned at 3:05 p.m. on September 13, 2012. P:\Reports - ALRC\2012\ALRC_10-3-12\ALRC Min_9-13-12_Draft2.doe 4 Architectural and Landscaping Review Committee Minutes September 13, 2012 Respectfully submitted, MONIKA RADEVA Secretary PAReports - ALRC\2012\ALRC_10-3-12\ALRC Min_9-13-12_Draft2doc Taf 4 XP Qamr& MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Direct DATE: September 25, 2012 VI) SUBJECT: Planning Commission Agenda Item 5A - Lenity Group's La Quinta Retirement Community Conditions of Approval After receiving the staff report and recommended conditions of approval (COA), the applicant expressed concerns regarding TPM COA #29 and SDP COA #28, TPM COA #44 and SDP COA #37, and TPM COA #54 and SDP COA #46. Following discussions with the applicant, staff is recommending the following numbered COAs contained in the staff report packet be replaced with the following agreed upon adjusted conditions of approval: TPM COA #29 and SDP COA #28 The applicant shall design street pavement sections using Cal Trans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic)• Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6"P.C.C./4" c.a.b. or the approved equivalents of alternate materials including the specifications as identified in the Geotech report prepared for this project dated September 12, 2011 identifying 3.5 a.c./ 4" c.a.b. for low traffic and 5"a.c./ 4" c.a.b for high traffic. TPM COA #54 and SDP COA #46 Prior to any site grading or regrading that will raise or lower any portion of the pad elevation by more than plus or minus half of a foot (0.5') from the pad elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. TPM COA #44 and SDP COA #37 Depending on the timing of the development of this tentative parcel map, and the status of the off -site improvements at the time, the applicant may be required to comply with one or more of the following as a condition to finalizing the parcel map: A. Construct certain off -site improvements required by one of the conditions of approval herein. B. Construct additional off -site improvements not identified in these conditions of approval, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements required by these conditions of approval previously constructed by others. D. Secure the costs for future improvements required by these conditions of approval that are to be made by others. E. To agree to any combination of these actions, as the City may require. Once development starts, Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, as a condition of obtaining approval of the Final Map, or of obtaining the issuance of any permit related thereto, reimburse the City for the costs of such improvements.