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2012 10 04 DHCity of La. Quinta Director's Hearing Agendas are now available on the City's Web Page @ www.la-guinta.orn DIRECTOR'S HEARING AGENDA A Meeting to be Held at the La Quinta City Hall - Study Session Room 78-495 Calle Tampico, La Quinta, California OCTOBER 4, 2012 2:00 P.M. I. PUBLIC HEARING ITEM: A. Item ................... TENTATIVE PARCEL MAP 36375 Applicant........... Kent B. Sowell Location............ Southeast Corner of Highway 111 and Adams Street, Within the Centre at La Quinta Specific Plan, Planning Area 1. Request ............. Consideration of the Subdivision of 4.55 Acres of the Existing Hyundai at La Quinta Automotive Dealership into Two Separate Parcels DECLARATION OF POSTING I, Carolyn Walker, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the Director's Hearing of Thursday, October 4, 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 27, 2012. DATED: September 27, 2012 6/ ((J C! CiLJ CAROLY WALKER, Executive Secretary City of La Quinta, California DIRECTORS HEARING MEETING DATE: October 4, 2012 ITEM TITLE: Subdivide 4.55 acres of the existing Hyundai at La Quinta Automotive dealership into two separate parcels RECOMMENDED ACTION: PH # A AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: X Approve Tentative Parcel Map 36375, subject to the attached Findings and Conditions of Approval. EXECUTIVE SUMMARY: Hyundai at La Quinta is located on the southeast corner of Adams Street and Highway 111, within the Auto Centre at La Quinta. The current owners of the dealership seek approval of a Tentative Parcel Map for financing purposes and to pursue a second dealership for the site. The Tentative Parcel Map would create two parcels where one currently exists. Property issues have arisen during review of this request; however, all remaining issues have been conditioned to be resolved prior to recordation of the Final Parcel Map. BACKGROUND/ANALYSIS: The subject property consists of one 4.55 acre parcel, which is developed as an automotive dealership for Hyundai of La Quinta. The site includes an automotive showroom, offices, repair bays, and an expansive parking lot for vehicle inventory. The site was originally approved in May, 1999. The applicant is proposing to subdivide the 4.55 acre site into two (2) parcels, intended for financing purposes. Parcel 1 would include the existing building area and would comprise 3.03 acres. Parcel 2 would include the western portion of the site's parking lot and would be 1.52 acres in size (Attachment 1). The applicant has indicated that the creation of a second parcel at this location will allow them to pursue additional automotive franchises for the site. The La Quinta Building and Safety Department has raised several concerns in regard to the creation of a second parcel at this site. Concerns raised are based on the proximity of the existing building to the new parcel line. The California Building Code has several standards for building openings, fire ratings of exterior walls, and open space around buildings that are not addressed in this parcel map. The Building and Safety Department has stated that these issues will need to be addressed prior to recordation of the final parcel map, and have provided conditions of approval to ensure these items are addressed and that all local and state regulations are met. The Riverside County Fire Department has reviewed the proposal and has concerns with the parcel lines proximity to existing Fire Department equipment at the site, such as hydrants and other underground utility lines. The Fire Department has provided a condition that the applicant provide an easement to ensure access to said equipment prior to recordation of the final parcel map. The La Quinta Public Works Department has reviewed the proposed lot split and has raised concerns in regards for street access, on -site retention, future site construction and water quality management. The applicant's engineer has submitted a preliminary water quality management plan for the site; however, many of these issues have yet to be addressed. The Public Works Department has provided conditions of approval for these items to be addressed prior to recordation of the final parcel map. The La Quinta Planning Department has reviewed the request against the zoning ordinance (L.Q.M.C. Title 9) and has found that the creation of a second parcel at this location is in conformance with the zoning district and zoning code. Although the site can conform to the zoning code, staff has concerns that the new parcel lacks driveway access to the surrounding road system and has conditioned the applicant to provide a reciprocal access agreement for emergency vehicle access, parking, and access over and between the two parcels. ALTERNATIVES: 1. Deny Tentative Parcel Map 36375 until all issues have been worked out between the various departments prior to approval of the tentative map. ENVIRONMENTAL REVIEW: The La Quinta Planning Department has determined that this request is categorically exempt from review under the California Environmental Quality Act (CEQA), pursuant to Article 19, Section 15315 (Class 15, Minor Land Divisions), K CEQA guidelines as amended (Resolution 83-63). Respectfully submitted, Eric Ceja, Assista t lanner Attachment: 1. TPM 36375 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36375 KENT B. SOWELL OCTOBER 4, 2012 1. California Environmental Quality Act - The La Quinta Planning Director has determined that the proposed Tentative Parcel Map 36375 is categorically exempt from further environmental review pursuant to the provisions of Section 15315 (Class 15, Minor Land Divisions) of the California Environmental Quality Act (CEQA), as the proposed map does not result in more than four (4) parcels that are adequately served by existing utility services. 2. General Plan Consistency - The proposed Tentative Parcel Map conforms to the design guidelines and standards of the General Plan for Regional Commercial (RC) designated properties, as set forth in the Land Use Element, as the proposed subdivision meets the approved RC land uses for minimum lot size and density. 3. Public Easements - The design of the proposed Tentative Parcel Map will not conflict with easements, acquired by the public utilities at large, for access through or use of property within the proposed subdivision, in that reciprocal access and fire suppression maintenance needs will be provided for within the project. 4. Design of the Subdivision - The design of the proposed Tentative Parcel Map complies with the La Quinta General Plan and Specific Plan 1997-02% in that the proposed parcels are in conformance with applicable goals, policies, and development standards, as governed by the Specific Plan for the overall project. 5. Suitability of the Site - The proposed design of the Tentative Parcel Map is physically compatible with the site with regards to level topography for the subject property. 6. Public Health - The proposed Tentative Parcel Map,. as conditioned, will not result in any increased hazard to public health or welfare, as the design has been reviewed by the appropriate responsible agencies for health and safety issues, with none identified. 7. Parcel Map Required — A Parcel Map and Final Map are required based on the Subdivision Map Act, Section 66426(f), and under authority of the City of La Quinta Subdivision Ordinance (Title 13, Section 13.20.020.A; La Quinta Municipal Code). LE CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36375 KENT B. SOWELL OCTOBER 4, 2012 CONDITIONS OF APPROVAL GENERAL 1. This Tentative Parcel Map shall expire on October 4, 2014, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 2. 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 the Parcel 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. 3. This Tentative Parcel Map, and the Parcel 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. 4. Tentative Parcel Map 36375 shall comply with all applicable conditions and/or mitigation measures of Parcel 1 of Tentative Parcel Map 28525-1. 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 if 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 Marshall • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Planning Department W CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36375 KENT B. SOWELL OCTOBER 4, 2012 • Riverside County Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • 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 plan for City approval. 6. 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). 7. 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. 8. 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 of offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all cost 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. [: CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36375 KENT B. SOWELL OCTOBER 4, 2012 PROPERTY RIGHTS 10. Prior to acceptance of the final parcel map, the applicant shall acquire or confer easements and other property rights necessary for proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department counter prior to Certificate of Occupancy. 11. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the Owners Association over easements and other property rights necessary for construction and proper functioning of the proposed parcels 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 developer. Said rights shall also include reciprocal rights over parking spaces within Tentative Parcel Map 36375 and required easements between and over Parcels 1 and 2 for individual underground fire department equipment, i.e., hydrants, fire sprinkler lines, electrical lines, etc... The reciprocal access agreement shall be submitted for review to the Planning Department and Public Works Department prior to recordation of the easements. Recordation of the easements shall occur prior to or concurrent with the recordation of the Final Map. 12. The applicant shall show the following perimeter landscaping setbacks along all public rights -of -way as on Parcel Map 28525-1: A. Adams Street (Primary Arterial) - 20-foot from the Right -of -Way to Property Line. B. Auto Centre Drive and Auto Centre Way North (Collector Streets) - 16- foot from the Right -of -Way to Property Line. C. Highway 111 (Major Arterial, formerly State Highway, 140' ROW) - 50- 7 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36375 KENT B. SOWELL OCTOBER 4, 2012 foot from the Right -of -Way to Property Line. 13. 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. 14. Direct vehicular access to Highway 1 1 1, Adams Street, Auto Centre Drive, and Auto Centre Way North 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. 15. General access points and turning movements of traffic to the site are limited to the access locations approved for this tentative parcel map and these conditions of approval. 16. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 17. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker. The Final Map shall be 1 " = 40' scale. DRAINAGE 18. Stormwater handling shall conform with the approved hydrology and drainage report for Parcel Map 36375, 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. PUBLIC SERVICES 19. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. M CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36375 KENT B. SOWELL OCTOBER 4, 2012 MAINTENANCE 20. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 21. 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 22. 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 BUILDING DEPARTMENT 23. The applicant shall provide an analysis of the proximity of openings in the existing exterior walls of the auto dealership to the proposed property lines, prior to recordation of the final parcel map. The 2010 CBC Table 705.8 prohibits openings from 0 to 3-feet to property line and restricts the allowable opening area from 3 feet to less than 5-feet to property line, etc. Building projections and roof parapets will need to be addressed as well. Alterations to the building resulting from the analysis to be incorporated into the submitted plans. 24. The applicant shall perform an analysis of the fire rating of the exterior walls to determine compliance with the minimum requirements per 2010 CBC Section 602.1 and Tables 601 and 602, prior to recordation of the final parcel map. Alterations to the building resulting from the analysis to be incorporated into the submitted plans., 25. The applicant shall provide an allowable area analysis to justify the existing building is in compliance with requirements of 2010 CBC Chapter 5, prior to recordation of the final parcel map. Alterations to the building resulting from analysis to be incorporated into the submitted plans. If the resulting, alterations affect and/or modify the existing building's Architectural, Structural, Mechanical, Electrical, Plumbing, Energy, Accessibility and Life Safety systems, the applicant shall submit appropriate documentation E CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 36375 KENT B. SOWELL OCTOBER 4, 2012 to justify compliance with the affected codes. PLANNING DEPARTMENT 26. The applicant shall complete a Specific Plan Amendment to the existing Specific Plan for the Centre at La Quinta (SP 97-029) prior to recordation of the Final Map. 10