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2013 11 12 PCPlanning Commission agendas and staff reports are now available on the City's web page: j w a-quinta.org PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, NOVEMBER 12, 2013 AT 7:00 P.M. Beginning Resolution No. 2013-024 CALL TO ORDER 1 . Roll Call 2. Pledge of Allegiance PUBLIC COMMENT At this time members of the public may address the Planning Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1 . Approval of the minutes of October 22, 2013. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the Secretary prior to consideration of that item. A person may submit written comments to the Planning Commission before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues PLANNING COMMISSION AGENDA 1 NOVEMBER 12, 2013 you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. 1. Conditional Use Permit 201 1-136 submitted by Lowe's HIW, Inc. proposing permanent outdoor display and sales area for the Lowe's Home Improvement Warehouse. Location: Washington Park commercial retail center; 78-865 Highway 1 1 1, La Quinta. 2. Tentative Tract Map 36537 and Site Development Permit 2013-924 submitted by Rembold Companies proposing the land division of 41.95 acres and the construction of 230 new single family attached and detached units, and related project amenities and improvements. Location: in the PGA West development, along the north and east side of PGA Boulevard, west of the Stadium clubhouse on the former PGA West resort core site. 3. Environmental Assessment 2013-629, General Plan Amendment 2013-126, and Zone Change 2013-144 submitted by William J. Hammer / Kim M. Hammer Trustees; Hammer Family Trust, proposing a general plan amendment from Low Density Residential (up to 4 units/acre) to General Commercial and zone change on 4.35 acres, from Low Density Residential to Neighborhood Commercial. Location: southwest corner of Avenue 58 and Monroe Street. CORRESPONDENCE AND WRITTEN MATERIAL COMMISSIONER ITEMS 1 . The City Council meeting of November 5, 2013 was cancelled. 2. Chairperson Barrows is scheduled to attend the November 19, 2013, City Council meeting. DIRECTOR'S ITEMS ADJOURNMENT The next regular meeting of the Planning Commission will be held on November 26, 2013, commencing at 7:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. PLANNING COMMISSION AGENDA 2 NOVEMBER 12, 2013 1, Monika Radeva, Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting was posted on the de of the north entry to the La Quinta Civic Center at 78-495 Calle Tampico, and the bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on November 8, 2013. Undeliverable DATED: November 7, 201'_-` MONIKA RADEVA, Secretary City of La Quinta, California 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 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 Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Secretary for distribution. It is requested that this take place prior to the beginning of th(; meeting. Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Community Development Department's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. _7"LANNING COMMISSION AGENDA 3 NOVEMBER 12, 201,2 PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 22, 2013 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:04 p.m. by Chairperson Barrows. PRESENT: Commissioners Blum, Weber, Wilkinson, Vice Chair Wright, and Chairperson Barrows ABSENT: None STAFF PRESENT: Community Development Director Les Johnson,Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Principal Planner Wally Nesbit, Consultant Planner Nicole Criste, and Secretary Monika Radeva Commissioner Blum led the Commi PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Col APPROVAL OF MINUTES glance. Motion - A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission Minutes of October 8, 2013, as submitted. Motion passed unanimously. PUBLIC HEARINGS 1. Specific Plan 2003-067, Amendment No. 3, requesting to relocate and expand the size of the proposed golf clubhouse and review of Site Development Permit 2013-927 to allow the construction of the golf clubhouse. Applicant: Coral Option I, LLC. Location: within the existing Andalusia at Coral Mountain — 58- 830 Marbella, La Quinta. Consultant Planner Nicole Criste presented the staff report, a copy of which is on file in the Community Development Department. PLANNING COMMISSION MINUTES 1 OCTOBER 22, 2013 Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:14 p.m. Mr. Nolan Sparks, Operations Manager with T.D. Desert Development, L.P., La Quinta, CA — introduced himself, gave a brief description of the project, and answered the Commission's questions. Mr. Rob Parker, PLA, ASLA, Design Principal with RGA Landscape Architects, Inc., Palm Desert, CA — introduced himself and answered the Commission's questions. Public Speaker: None Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:21 p.m. Motion — A motion was made and seconded by Commissioners Wilkinson/Weber to adopt Resolution 2013-020 recommending approval of Specific Plan 2003- 067, Amendment No. 3, as submitted with staff's recommended conditions of approval. Motion passed unanimously. Motion — A motion was made and seconded by Commissioners Wilkinson/Wright to adopt Resolution 2013-021 recommending approval of Site Development Permit 2013-927 as submitted with staff's recommended conditions of approval. Motion passed unanimously. 2. Environmental Assessment 2013-631 and General Plan Amendment 2013-125 submitted by the City of Le Quinta for the review of the 2014-2021 La Quinta Housing Element'. Location: city-wide. Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARNG OPEN at 7:52 p.m. Public Speaker: No Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:52 p.m. Motion — A motion was made and seconded by Commissioners Wright/Blum to adopt Resolution 2013-022 recommending approval of Environmental Assessment 2013-631 as submitted with staff's recommendations. AYES: Commissioners Blum, Weber, Vice Chair Wright, and Chairperson Barrows. NOES: Commission Wilkinson. ABSENT: None. ABSTAIN: None. PLANNING COMMISSION MINUTES 2 OCTOBER 22, 2013 Motion — A motion was made and seconded by Commissioners Wright/Blum to adopt Resolution 2013-023 recommending approval of General Plan Amendment 2013-125 as submitted with staff's recommendations. AYES: Commissioners Blum, Weber, Vice Chair Wright, and Chairperson Barrows. NOES: Commission Wilkinson. ABSENT: None. ABSTAIN: None. BUSINESS SESSION — None CORRESPONDENCE AND WRITTEN MATERIAL — None COMMISSIONER ITEMS 1 . Report on City Council meetings of October 15, 2013. 2. Staff said the City Council meeting of next City Council meeting is schedule( Barrows is scheduled to attend. DIRECTOR'S ITEMS amber 5, 2013 will be cancelled. The November 19, 2013 and Chairperson 1. A joint meeting between the Planning Commission and the Architectural and Landscaping Review Board has been tentatively, scheduled for November 12, 2013 at 6:00 p.m. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Blum/Wright to adjourn this meeting at 8:00 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, Secretary City of La Quinta, California PLANNING COMMISSION MINUTES 3 OCTOBER 22, 2013 :2■MA PLANNING COMMISSION STAFF REPORT DATE: NOVEMBER 12, 2013 CASE NUMBER: CONDITIONAL USE PERMIT 201 1-136 APPLICANT: LOWE'S HIW, INC. PROPERTY OWNER: LOWE'S HIW, INC. REQUEST: OUTDOOR DISPLAY AND SALES AREA LOCATION: 78-865 HIGHWAY 111 RECOMMENDED ACTION: Adopt Planning Commission Resolution No. approving Conditional Use Permit 201 1-136, subject to the attached Findings and Conditions of Approval. EXECUTIVE SUMMARY: Lowe's is proposing the permanent outdoor display and sales of merchandise (Attachment 1). With the recommended conditions of approval, which address compliance with building, fire, and health codes, the proposed outdoor display area complies with the development requirements of the La Quinta Municipal Code. BACKGROUND Lowe's Home Improvement Warehouse has been operating within the Washington Park commercial retail center since 2000 (Attachment 2). As part of their business and sales model, merchandise such as barbeques, building materials, and home storage options have continuously been displayed along most of the store frontage, which was not permitted by the Municipal Code. In 2012, the City amended Municipal Code Section 9.100.120 in order to accommodate and expand the opportunity for outdoor retail sales and display (Attachment 3). The code change allowed large retailers to permanently display merchandise along their storefront with approval of a Conditional Use Permit. PROPOSAL & ANALYSIS: Lowe's has submitted an application for a Conditional Use Permit for outdoor display and sales areas (Attachment 4). The display areas run along much of the entire store P:\Reports - PC\2013\PC 11-12-13\PH 1 LOWES OUTDOOR STORAG E\PH 1 (1) LOWES REPORT-FINAL.docxPagel of 3 frontage, which includes areas dedicated for building materials, outdoor equipment, outdoor furniture and storage units, and live goods and landscape supplies (Attachment 4, Sheet SP-3). The proposed display areas, which will not obstruct ADA-accessible paths, will be demarcated with painted stripes. Merchandise within the display areas can remain in place overnight. Sixteen existing parking spaces located along the western building elevation are proposed to be utilized for trailer sales. The Washington Park Specific Plan requires 315 parking spaces. A total of 556 parking spaces exist on the Lowe's parcel, which results in a significant surplus of spaces. Thus, the allocation of 16 parking spaces for trailer sales should have a minimal parking impact. Furthermore, the proposed location is desirable as it is screened by existing landscaping and less visible to the general public. Staff concludes that the proposed outdoor display and sales area is acceptable, having minimal impacts upon other existing surrounding uses. As conditioned, the proposed use is consistent with the standards listed in the Municipal Code, which require the following: • Display areas shall not exceed ten percent of the gross floor area of the retail commercial building • Be in conformance with all current fire, health, building and safety codes • Are located within designated portions of sidewalk, patios, and similar areas within proximity to the storefront • Does not obstruct a building entrance or exit, impede the flow of pedestrian or vehicular traffic, or obstruct access to any parking space or drive aisle Recommended conditions of approval include permanent striping for the display areas, improvements to the trailer sales area, and safety and performance standards. This approval does not include container storage or special commercial sales/events located outside of the identified display areas (i.e. Christmas trees sales, tent sales). Special commercial events will require approval of a Temporary Use Permit, per the Municipal Code. AGENCY & PUBLIC REVIEW: Public Agency Review: This request was sent to all applicable City departments and affected public agencies on June 25, 2013. All written comments received are on file and available for review with the Community Development Department. All applicable comments have been incorporated in the recommended Conditions of Approval. Public Notice: This project was advertised in The Desert Sun newspaper on November 1, 2013, and mailed to all property owners within 500 feet of the site. To date, no comments have P:\Reports - PC\2013\PC 11-12-13\PH 1 LOWES OUTDOOR STORAG E\PH 1 (1) LOWES REPORT-FINAL.docxPage 2 of 3 been received from adjacent property owners. Any written comments received will be handed out at the Planning Commission hearing. ENVIRONMENTAL REVIEW The Community Development Department has determined that this project is exempt from environmental review pursuant to Sections 15301 (Existing Facilities) as it consists of the operation and minor alteration of an existing private facility involving negligible expansion of use. Report prepared by: Jay Wuu, Associate Planner Report approved for submission by: Les Johnson, Community Development Director Attachment: 1 . Project Information 2. Vicinity Map 3. LQMC Section 9.100.120 4. Lowe's Outdoor Display & Sales Area Development Packet P:\Reports - PC\2013\PC 11-12-13\PH 1 LOWES OUTDOOR STORAG E\PH 1 (1) LOWES REPORT-FINAL.docxPage 3 of 3 PLANNING COMMISSION RESOLUTION 2013 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2011-136, AN OUTDOOR DISPLAY AND SALES AREA FOR LOWE'S HOME IMPROVEMENT WAREHOUSE CASE NO.: CONDITIONAL USE PERMIT 2011-136 APPLICANT: LOWE'S HIW, INC. WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 12t" day of November, 2013, hold a duly noticed Public Hearing to consider a request by Lowe's HIW, Inc. for approval of an outdoor display and sales area at the Lowe's Home Improvement Warehouse, generally located at 78-865 Highway 1 1 1, more particularly described as: APN: 643-020-022 WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on November 1, 2013, 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 desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the Municipal Code to justify approval of said Conditional Use Permit: 1 . Consistency with General Plan The proposed use is consistent with the General Plan land use designation of General Commercial. The City's General Plan policies relating to General Commercial encourage a full range of commercial retail uses within the City, and the proposed use maintains those policies. 2. Consistency with Zoning Code As conditioned, the proposed use is consistent with the provisions of the zoning code. The additional outdoor display and sales areas outside of an existing commercial retail building will have minimal impacts on the surrounding land uses, and will conform to the development standards applicable to the use. Planning Commission Resolution 2013 - Conditional Use Permit 2011-136 Lowe's Outdoor Display & Sales (Lowe's HIW, Inc.) Adopted: November 12, 2013 Page 2 3. Compliance with CEQA Processing of this Conditional Use Permit for the proposed use is in compliance with the provisions of the California Environmental Quality Act. The Community Development Department has determined that this project is exempt from environmental review pursuant to Sections 15301 (Existing Facilities) as it consists of the operation and minor alteration of an existing private facility involving negligible expansion of use. 4. Surrounding Uses As conditioned, approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The proposed use is contained within an existing commercial retail area, is in conformance with current all current fire, health, and building codes, and conditions of approval have been incorporated to mitigate potential code compliance conflicts. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1 . That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That it does hereby approve Conditional Use Permit 201 1-136, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 12t" day of November, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Resolution 2013 - Conditional Use Permit 2011-136 Lowe's Outdoor Display & Sales (Lowe's HIW, Inc.) Adopted: November 12, 2013 Page 3 KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: LES JOHNSON, Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2013 - CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2011-136 LOWE'S OUTDOOR STORAGE & SALES (LOWE'S HIW, INC.) NOVEMBER 12, 2013 GENERAL 1. The use permit may be modified or revoked by the city council, or planning commission, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance. 2. Any expansion of this use or substantial modification that results in a change of use shall require an amendment of this conditional use permit. Minor modifications to this Conditional Use Permit shall be considered by the Community Development Director in accordance with LQMC 9.200.090, and may require notification of surrounding property owners prior to such approval. All other amendments shall be processed in accordance with LQMC 9.200.100. 3. The Conditional Use Permit shall expire on November 13, 2015 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless the use has been established. A time extension may be requested per LQMC Section 9.200.080. 4. 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 placement of all merchandise covered under this permit. 5. No hazardous materials shall be stored and/or used outside of 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. 6. No fire -lanes, fire hydrants or any other Fire Department appliances/equipment shall be blocked or obstructed. 7. Marked emergency fire apparatus access lanes and entrance curbs shall be designed to adequately allow access of emergency fire vehicles. 8. Exits including exterior exit doors at the level of exit discharge shall be kept clear of all displayed merchandise. Page 1 of 2 PLANNING COMMISSION RESOLUTION 2013- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2011-136 LOWE'S OUTDOOR STORAGE & SALES (LOWE'S HIW, INC.) NOVEMBER 12, 2013 9. All items and materials to be displayed outdoors shall be in conformance with current fire, health, building and safety codes. 10. No item shall be displayed in a manner that causes a safety hazard or public nuisance. 11. Fixtures and tables used to display merchandise shall be maintained in good repair. 12. Signs, flags, banners, placards, balloons, streamers, spot lighting, amplified music, or similar features shall be prohibited unless otherwise permitted and approved through a separate sign or temporary use permit. 13. Outdoor display and sales areas shall be kept clean and maintained on a continual basis. 14. As depicted in the site plan, the boundary for the outdoor merchandise storage and display area shall be demarcated with a permanent painted stripe. Violation of any condition of approval or Municipal Code requirement (i.e. merchandise located outside of the display and sales areas, ADA-accessible path is impeded, etc.) could result in suspension of use and/or permit revocation per LQMC Sections 9.100.120 (F4) and 9.210.020 (J). Line specifications (width, color, etc.) shall be reviewed and approved by the Community Development Director prior to merchandise being located within the display area. 15. Permanent improvements shall be added to the trailer sales area in order to indicate to customers that the parking spaces utilized for trailer sales are not for customer parking. Improvements shall include, but are not limited to, painted stripes, bollards, additional landscaped planters. Design specifications shall be reviewed and approved by the Community Director prior to trailers being located within the sales area. Project Information APPLICANT: LOWE'S HIW, INC. PROPERTY OWNER: LOWE'S HIW, INC. ATTACHMENT # 1 REQUEST: OUTDOOR DISPLAY AND SALES AREA LOCATION: 78-865 HIGHWAY 111 ENVIRONMENTAL CONSIDERATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTIONS 15301 (EXISTING FACILITIES) AS IT CONSISTS OF THE OPERATION AND MINOR ALTERATION OF AN EXISTING PRIVATE FACILITY INVOLVING NEGLIGIBLE EXPANSION OF USE. GENERAL PLAN: GENERAL COMMERCIAL ZONING: REGIONAL COMMERCIAL SPECIFIC PLAN: WASHINGTON PARK SURROUNDING ZONING/LAND USES: NORTH: REGIONAL COMMERCIAL EXISTING COMMERCIAL DEVELOPMENT SOUTH: REGIONAL COMMERCIAL EXISTING COMMERCIAL DEVELOPMENT EAST: REGIONAL COMMERCIAL EXISTING COMMERCIAL DEVELOPMENT WEST: REGIONAL COMMERCIAL EXISTING COMMERCIAL DEVELOPMENT SITE INFORMATION: 1 1 .2 ACRES EXISTING HOME IMPROVEMENT RETAIL STORE ATTACHMENT # 2 City of La Quinta z F Planning Division c�M OF'Ct�''9wS�¢ Community Development Department ATTACHMENT # 3 Title 9 ZONING Chal2ter 9.100 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 9.100.120 Outdoor storage and A. Purpose. This section provides regulations for the permanent outdoor storage and display of merchandise, materials and equipment. B. Where Permitted. The storage and/or display of any merchandise, materials or equipment outside of an enclosed building is prohibited except where permitted in accordance with this section, Section 9.80.040 pertaining to permitted uses, Section 9.100.130 pertaining to sidewalk sales and special events, or where permitted by a conditional use permit. C. Equipment, Lumber and Storage Yards. Any uncovered equipment and/or materials storage area, including vehicle storage, shall comply with the following regulations: 1. Use Permit. The establishment of any outdoor equipment or materials storage use shall require approval of a conditional use permit pursuant to Section 9.210.020. 2. Location. An equipment, material or storage yard use shall only be located where a main building is permitted by the applicable district regulations. 3. Screening. Outdoor storage yards shall be screened whenever they abut the boundary of the building site or are located between a building and an abutting street. The screening materials shall be not less than five feet high and shall be in compliance with Section 9.100.030 (Fences and walls). Screening may consist of one or a combination of the following types: a. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six inches thick. b. Solid Fences. Solid fences may be used for screening if approved by the decision -making authority. Such fences shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. c. Plant Screens. Plant materials, when used as a screen, shall consist of compact evergreen plants. Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within eighteen months after initial installation. Permanent automatic irrigation shall be provided. If, eighteen months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the planning director may require that a wall, solid fence or berms be installed. D. Outdoor Display and Sales. Outdoor sales and display areas in conjunction with retail uses such as nursery and garden supply stores or departments within retail stores shall comply with the following standards: 1. Fencing. The outdoor sales and display area shall be enclosed by a wall or fence at least four feet high which obscures views from streets or public parking areas into the area. The color and materials used to fence the area shall be complementary to the color and materials used in buildings on -site. Chain link fencing is not permitted. 2. Building Design. When the outdoor sales area is an extension of retail uses within an adjacent building, it shall be enclosed by a wall which is, by exterior appearance, an extension of the adjacent building. The design of the building and outdoor area shall appear as a single structure. E. Minor Outdoor Merchandise Display. A maximum of ten square feet shall be allowed for outdoor display of merchandise. A permit shall be established prior to any outdoor merchandise display occurring. The outdoor display of merchandise shall be located immediately adjacent to the business and at no time further than ten feet from said business, shall not interfere with pedestrian access and ADA compliance, and shall only be in place during business hours. F. Outdoor Display and Sales for Commercial Retail Uses Greater than One Hundred Thousand Square Feet. Outdoor display and sales areas in conjunction with retail commercial businesses having over one hundred thousand square feet of gross floor area (GFA) may be permitted subject to the approval of a conditional use permit in accordance with Section 9.210.020. The conditional use permit shall establish standards for each facility in addition to the requirements of this section: 1. Area. Outdoor display and sales areas shall not exceed ten percent of the gross floor area of the retail commercial building. 2. Locations. Outdoor display and sales areas shall be restricted to those locations identified on an approved plan -designated area and shall comply with the following standards: a. Permitted locations for outdoor display and sales areas shall be in conformance with all current fire, health, building and safety codes. b. Outdoor display and sales areas may be permitted within designated portions of sidewalk, patios, and similar areas within proximity to the storefront. c. No outdoor display and sales area shall obstruct an entrance or exit to any building, impede the flow of pedestrian or vehicular traffic, or obstruct access to any parking space or drive aisle. d. Permanent modifications to the building, landscaping, or site plan for purposes of outdoor display shall require approval through the city's development review process. 3. Performance Standards. Items and materials to be displayed outdoors within designated areas shall comply with the following standards: a. All items and materials to be displayed outdoors shall be in conformance with current fire, health, building and safety codes. b. No item shall be displayed in a manner that causes a safety hazard or public nuisance. c. Fixtures and tables used to display merchandise shall be maintained in good repair. d. Signs, flags, banners, placards, balloons, streamers, spot lighting, amplified music, or similar features shall be prohibited unless otherwise permitted and approved through a separate sign permit. e. Outdoor display and sales areas shall be kept clean and maintained on a continual basis. 4. Authority to Suspend Operations. Failure to comply with these provisions is subject to suspension or revocation of a permit. G. Vehicle Sales. The outdoor display and sales of vehicles shall be subject to the approval of a conditional use permit in accordance with Section 9.210.020. The use permit shall establish standards for each such facility. Such standards shall include at a minimum: 1. Landscaping. Perimeter landscaping conforming to that required for the applicable zoning district per Chapter 9.90. 2. Lighting. Outdoor lighting conforming to the standards of Section 9.100.150. 3. Vehicle Display. Precise delineation of the location and limits of outdoor vehicle display and storage areas, plus prohibition of focal display areas elevated more than one foot above the average finish grade of the overall outdoor display area. (Ord. 506 § 1, 2013; Ord. 497 § 1, 2012; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § l (Exh. A), 1996) ATTACHMENT # 4 �;u:hs6oi 6u!419wo5 Gdn ¢a®'. - nmle - t+"JtlZNIf1DHl I I � AMH AMHS98-8L 0� ViNino :doswol z t vi �9 as as 133HS X30Nl Z W 2 CU 00 CN o LL OD CO 4 �K XW �p o 4 pp a d n W o O i _ - Maddin St-- - - -- 8 4 - -m - - e w 4 g b m pp c a = �n - INuj ' _° Vr1.a.9hmgton St - — -- -��� - g ER I wi a—m ¢Xi e w z U W ..mm FtiW�W Uzw omm wUy'll vms" U w 5r � m�W w In MIS �A� VO VlNino;M L ViNmo V'l :�o S.BMCII 00 00 NVId 31 is t 0 5 �5 - - - - - - - - - - - - - - - - - - OZ QN� "J w FF771 FRJ UT I � RFTIT I FFFI S30VdS VZ S:IOVdS IZ w E]E < z 0 W LU w w LE -17 ...... LIVIA'& ink ..................... �( ........ 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Permanent improvements shall be added to the trailer sales area order to indicate to customers that the parking spaces utilized f trailer sales are not for customer parking. Improvements shall includ but are not limited to, painted stripes, permanent bollards, a additional landscaping for screening purposes within the existi landscape planter adjacent to the trailer sales area. I Design specifications shall be reviewed and approved by the Community Development Director prior to trailers being located within the sales area. PH # 2 PLANNING COMMISSION STAFF REPORT DATE: NOVEMBER 12, 2013 CASE NUMBER: TENTATIVE TRACT MAP 36537 SITE DEVELOPMENT PERMIT 2013-924 APPLICANT: WAYNE REMBOLD, REMBOLD COMPANIES PROPERTY OWNER: POINTE LARSEN, LLC REQUEST: REVIEW OF ARCHITECTURAL AND LANDSCAPING PLANS FOR THE SIGNATURE AT PGA WEST, A 230-UNIT RESIDENTIAL COMPLEX OF SINGLE-FAMILY DETACHED AND ATTACHED UNITS LOCATION: IN THE PGA WEST DEVELOPMENT, ALONG THE NORTH AND EAST SIDES OF PGA BOULEVARD, WEST OF THE STADIUM CLUBHOUSE ON THE FORMER PGA WEST RESORT CORE SITE RECOMMENDED ACTION: Adopt Planning Commission Resolution 2013- recommending City Council approval of Tentative Tract 36537, subject to the attached Findings and Conditions of Approval; and, Adopt Planning Commission Resolution 2013- recommending City Council approval of Site Development Permit 2013-924, subject to the attached Findings and Conditions of Approval. EXECUTIVE SUMMARY: The proposal is for a land division and construction of 230 new single family attached and detached units, and related project amenities and improvements (Attachment 1). The Tentative Tract Map proposes to resubdivide the site into 130 single family detached lots and 100 condominiums. The Site Development Permit is requesting allowance for revised product types from the original SDP approval. Both requests have been deemed consistent with the existing PGA West Specific Plan, as amended for the EdenRock project in 2008. Staff supports the overall site, architectural, and landscaping design of the proposed project, as conditioned. Page 1 of 4 BACKGROUND & ANALYSIS: The 41.95 acre project site comprises the former resort core area within PGA West, (Attachment 2). Properties adjacent to the site are developed with golf course and high -end residential uses, with the Palmer private clubhouse to the west, across PGA Boulevard, and the Stadium clubhouse immediately to the east of the subject property. PGA Boulevard is a 4-lane roadway, but it is private and therefore not designated in the La Quinta General Plan. The site was approved in 2008 for the 264- unit Eden Rock at PGA West. That approval remains valid; however, the applicant has submitted a revised project based on changes in market conditions. Specific Plan Amendment Although the project's product design is changing, the specific plan's development standards remain applicable to the new proposal. City staff and respective legal counsel determined that a specific plan amendment would not be necessary if the project met the existing development standards as established for Eden Rock. Subsequently, a determination of substantial conformance with the exsting specific plan was made by the Community Development Director. Site Plan The site slope gradually falls generally from north to south. The overall site plan and circulation is illustrated on the cover sheet for Attachment 3. The Estates lots are located along the northern edge of the site, with The Hacienda lots primarily located along the southern site boundary. The Villas units are set in the central portion of the project. The site is graded in a terraced configuration similar to the original approval. The street system provides for the primary entry off PGA Boulevard at the west end of the project, with a secondary one-way egress only into the roundabout at Spanish Bay. Golf cart access is also provided at the east end of the project, into what will be an expanded Stadium Clubhouse parking area at Lot 136 (Attachment 3, Sheet C1 1). NOTE: The Signature Preliminary WQMP has not been approved for entitlement, and contains several unresolved items. Therefore, the related approval conditions have been generalized, with the understanding that the site plan may change from the current condition. Staff has prepared these conditions to maintain a specific processing schedule, and the applicant understands that the project will not proceed to City Council until the WQMP and site plan issues, if any, have been addressed. Various common areas and amenities are provided throughout the site. These include a community building with swimming pool, BBQ area and bocce ball court. There are additional open spaces along meandering pedestrian paths throughout the site. The proposed tentative grade elevations are generally consistent with those established under the Eden Rock approval. The applicant has provided sections to represent the more significant internal grade variations between products (Attachment 3, Sheet C12 and Section 2, Sheet L-1 1). These variations are consistent with those Page 2 of 4 approved for Eden Rock, and will not create a significant increase in the number or extent of the grade variations beyond those originally approved. In response to previously voiced homeowner concerns with view impacts, the project design represents deeper lots along PGA Boulevard, providing a minimum 45 foot setback. The units also load the second story elements toward the front of lots, orienting second story elements toward the interior of the project and maintaining a lower building height from outside the project along PGA Boulevard. Golf cart routing through the project is accommodated via a gated cart access point at the east end of the project (Attachment 3, Sheet C1 1). This gate accesses Lot 136, which will ultimately serve as expanded parking for the golf clubhouse. The tentative map is conditioned to require an improvement schedule and access agreement for Lot 136, prior to final map recordation. Several other issues are being incorporated in a development agreement between the applicant and PGA West Master Association, including PGA Boulevard maintenance/remediation and perimeter landscaping. The logistics of parking and access for Lot 136 and vicinity are also being addressed as part of the development agreement. Architecture Architectural plans are included for the residential units, as well as a gatehouse, community building and pedestrian portal (Attachment 3, Sections 4 through 8). The architecture combines mild elements of Tuscan and Spanish Colonial/Andalusian design. Architectural styles are consistent with the approved specific plan, and typical of those seen in many La Quinta projects. The Community Building has been revised to comply with the specific plan height limit of 29', per the Architectural and Landscaping Review Board (ALRB) recommendation, to 28' 6" (Attachment 4). Staff also has concern that the pedestrian portal, at 20', and the gatehouse at 27' 1 ", are excessively tall for their purposes and proximity to PGA Boulevard. This concern was presented to the ALRB, with no discussion on or recommendation to reduce these structure heights. Landscaping Landscaping throughout the project site consists of primarily desert and other low to moderate -water use plants (Attachment 3; Section 2, Sheets L-0 through L-19). The PGA Boulevard landscaping has been designed based on input from the PGA West Master HOA. In general, the proposed landscape palettes are consistent with the existing approved specific plan for PGA West. The applicant is conditioned to meet the requirements of the City's Water Efficient Landscape ordinance, to assure low water use, and to reduce turf in areas where it is used strictly as an accent. Lighting Lighting plans primarily address the common parking areas at the Villas unit locations (Attachment 3; Section 3, Sheets L-1 through L-6). No other site lighting is shown. Page 3 of 4 The on -site lighting is consistent with the City's outdoor lighting ordinance. A condition requires parking lights be shielded to minimize light wash into adjacent lots. COMMISSIONS/BOARD/COMMITTEE RECOMMENDATIONS: On September 18, 2013, the Architectural and Landscaping Review Board recommended approval by the Planning Commission, subject to staff -recommended conditions of approval, with modification (Attachment 5). Discussion focused on golf cart routing and use of concrete roof tile in place of clay tile. The ALRB recommendation is incorporated into the approval conditions. AGENCY & PUBLIC REVIEW: Public Agency Review: This request was sent to all applicable City departments and affected public agencies on August 1, 2013. All applicable comments received have been incorporated in the recommended Conditions of Approval. Public Notice: This project was advertised in The Desert Sun newspaper on November 1, 2013, and mailed to all property owners within the original PGA West project boundary. Staff has received support letters from The Club at PGA West and Fairways HOA (Attachment 6). Any further comments received will be provided prior to the hearing. ENVIRONMENTAL REVIEW The La Quinta Community Development Department has determined that the proposal is exempt from further CEQA review under Section 15182 (Residential Projects Pursuant to a Specific Plan). The Community Development Director has made a Determination of Substantial Conformance for the Signature at PGA West, with respect to the previously approved Eden Rock at PGA West project, for which a Subsequent Environmental Impact Report (SCH #2007061056) was certified by the La Quinta City Council on April 15, 2008. Report prepared by: Wally Nesbit, Principal Planner Report approved for submission by: Les Johnson, Community Development Director Attachments: 1 . Project Information Sheet 2. Vicinity Map 3. Site Development Permit and Tentative Map Plan Sets 4. Revised Community Building Exhibit 5. Minutes of September 18, 2013 ALRB meeting 6. The Club at PGA West and Fairways HOA letter Page 4 of 4 PLANNING COMMISSION RESOLUTION 2013 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SUBDIVISION OF A 42-ACRE PARCEL INTO A 230-UNIT RESIDENTIAL PROJECT FOR THE PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: TENTATIVE TRACT MAP 36537 APPLICANT: POINTE LARSEN, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 12t" day of November, 2013, hold a duly noticed Public Hearing to consider a request by Pointe Larsen, LLC for consideration of a Tentative Tract Map in order to develop a 230-unit residential project, consisting of 130 single family detached units, and 100 condominium units, to include a guard gatehouse and 4,086 s.f. community building, on ±42 acres located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT 1 AND LOT L, TRACT 29421 ; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, the La Quinta Community Development Director has determined that the proposal is exempt from further CEQA review under Section 15182 (Residential Projects Pursuant to a Specific Plan). The Community Development Director has made a Determination of Substantial Conformance for the Signature at PGA West, with respect to the previously approved Eden Rock at PGA West project, for which a Subsequent Environmental Impact Report (SCH #2007061056) was certified by the La Quinta City Council on April 15, 2008. WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on November 1, 2013, as prescribed by the La Quinta Municipal Code, with said hearing notice having been mailed to all property owners within the boundaries of the original PGA West Specific Plan area; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission Resolution 2013 - Tentative Tract Map 36537 Signature at PGA West — Pointe Larsen, LLC Adopted: November 12, 2013 Page 2 Planning Commission did make the following mandatory findings to justify recommending to the City Council approval of said Tentative Tract Map: 1. Tentative Tract Map 36537 is consistent with the La Quinta General Plan, and Specific Plan 83-002, Amendment No. 6, as proposed. The Tentative Tract Map is consistent with the Tourist Commercial land use designation as set forth in the General Plan, and as set forth in Specific Plan 83-002, Amendment No. 6, as approved. Tentative Tract Map 36537 subdivides the 42-acre site into residential sites. Tourist Commercial permits residential developments that include single- and multi -family residential with resort amenities. 2. The design and improvement of Tentative Tract Map 36537 is consistent with the La Quinta General Plan, and Specific Plan 83-002, Amendment No. 6, with the implementation of recommended conditions of approval to ensure proper street widths, their related improvements, and timing of their construction, as well as adequate storm water drainage and other infrastructure improvements. The Draft SEIR requires specific off -site improvements to mitigate traffic -related impacts from this project. These improvements have been incorporated into the approval conditions for the Signature project. The project density is consistent with the La Quinta General Plan and the PGA West Specific Plan, as amended, in that the development density of 5.48 units per acre is comparable to existing residential development within PGA West, which, when based on net density, ranges approximately between four to seven units per acre throughout several areas of the PGA West Specific Plan. 3. The design of Tentative Tract Map 36537 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. The Subsequent EIR prepared for the Project, which is applicable to Tentative Tract Map 36537, determined that there are no significant impacts to air or water quality, biological or cultural resources, geology and soils which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 4. The design of Tentative Tract Map 36537 and type of improvements are not likely to cause serious public health problems, in that this issue was considered and addressed in the Subsequent EIR prepared for the Project. Planning Commission Resolution 2013 - Tentative Tract Map 36537 Signature at PGA West — Pointe Larsen, LLC Adopted: November 12, 2013 Page 3 Necessary infrastructure improvements for this project have been partially installed within PGA West, in and around the Tentative Tract Map 36537 project area. The health, safety and welfare of current and future residents can be assured based on the recommended conditions. 5. The design and improvements required for Tentative Tract Map 36537 will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. There is an existing portion of an easement for Avenue 56, and certain utility easements that exist on the property. These easements will be relocated, retained or abandoned as appropriate in order to maintain public access as determined to be necessary in context with the Project and surrounding existing development. All necessary right-of-way for construction of off -site improvements associated with this parcel will be provided as required under the La Quinta General Plan and the approval conditions of this Project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1 . That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That it does hereby recommend City Council approval of Tentative Tract Map 36537, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 12t" day of November, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Resolution 2013 - Tentative Tract Map 36537 Signature at PGA West — Pointe Larsen, LLC Adopted: November 12, 2013 Page 4 KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: LES JOHNSON, Community Development Director City of La Quinta, California CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 1 of 26 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 Tract Map, or any Final Map recorded there under. 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 Tract Map shall expire two years after the City Council approval date, unless recorded or granted a time extension pursuant to Title 13 of the La Quinta Municipal Code (§13.12.160; Extensions of Time for Tentative Maps). The two-year time period shall be tolled during the pendency of any lawsuit that may be filed, challenging this Tentative Tract Map and/or the City's CEQA compliance. 3. This Tentative Tract Map, and any Final Map recorded there under, 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 Tract 36537 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: • Subsequent EIR; SCH #2007061056 • Specific Plan 83-002, Amendment No. 6 • Site Development Permit 2013-924 • Development Agreement 2006-01 1 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine 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: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • La Quinta Community Development Department • Riverside County Environmental Health Department • Coachella Valley Unified School District CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 2 of 26 • 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 the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 6. 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 Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 7. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-2013-0011 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. 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). CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 3 of 26 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 inclusion in the Homeowners' Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required. ADVISORY NOTE: The Signature Preliminary WQMP has not been approved for entitlement, and contains several unresolved items. Therefore, these approval conditions have been prepared to be general in nature, with the understanding that the site plan may change from the current condition, pending assessment and finalization of the project BMPs for treatment of the first flush storm event for required pollutant removals. At the applicant's request, staff has prepared these conditions to maintain a specific processing schedule, and by so doing, the applicant understands that any site plan change(s) may require subsequent review by the Planning Commission and/or City Council. 8. Approval of this Tentative Tract 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. 9. 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. 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 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 4 of 26 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 1 1 . Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from all necessary persons or entities over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13. The applicant shall retain for private use on the Final Map all private 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 private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 1 10' and 120' ROW) - No additional private street dedication is required. B. PRIVATE STREETS (ON -SITE) 1) Street 'A' Main Entry - Entry Gate driveway as shown on the approved Tentative Tract Map and as per these conditions of approval. 2) Street 'A' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width with parking allowed on both sides. 3) Street 'B' - Private Residential Street measured gutter flow line to gutter flow line shall have a 36-foot travel width, allowing for double -loaded on - street parking where no visual or other conflicts exist, and provided the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Community CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 5 of 26 Development Department prior to recordation. Portions of Street 'B' where the measured gutter flow line to gutter flow line is 28-foot travel width, parking is not allowed on either sides. 4) Streets 'C', 'D', and 'E' - Private Residential Streets measured gutter flow line to gutter flow line shall have a minimum 32-foot travel width with parking restricted to one side, provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Community Development Department prior to recordation. 5) Street 'F' (Lot K; Secondary access, egress only) -Private Residential Street measured at gutter flow line to gutter flow line shall have a 20-foot travel width with no parking allowed on either side and provided the applicant establishes provisions that this secondary access is for egress only. C. Turn Around at Streets 'C' and 'D'. 1) The turn around shall conform to the shape shown on the tentative tract map, except for any minor revisions as may be required by the City Engineer and/or Riverside County Fire Department. The turn -around shall incorporate signing, striping, and/or any required improvements to minimize turning conflicts, as may be determined necessary by the City Engineer. D. Common Driveways (The Villas) - Private Residential Common Driveways to be a minimum 25-foot travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Marshal. Curve radii for curbs at all street intersections shall not be less than 25 feet. Additionally, the inside curb radius shall be a minimum of 35 feet where road alignments are greater than 90 degrees or as approved by the City Engineer. 15. 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. 16. When the City Engineer determines that access rights to the proposed street rights -of - way shown on the approved Tentative Tract 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. CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 6 of 26 17. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 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. 18. 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. 19. Direct vehicular access to PGA Boulevard from lots with frontage along PGA Boulevard is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 20. 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. 21. 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 Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 22. The applicant shall be responsible for the vacation and granting of easements that address changes in the existing easements over the proposed tentative tract map that may be affected by proposed improvements. Pursuant to this condition, the applicant shall apply to the City for any street vacation request of public right of way and/or utility easements. The applicant must provide all applicable exhibits and legal descriptions and perform all necessary abandonments or relocation of easements and or facilities as required by all affected utility purveyors over the public right-of-way and/or utility easements, or as approved by the City Engineer. Typically the right of way vacation process is about six to eight months. STREET AND TRAFFIC IMPROVEMENTS 23. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 7 of 26 (Street Design - Private Streets), where private streets are proposed. 24. 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. 25. The applicant shall construct the following street improvements to conform to the General Plan (street type noted in parentheses.) A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' ROW) - No additional private street widening is required. 2) Other required improvements in the PGA Boulevard private street 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 reconstruct all curb and gutter at existing intersections that do not provide access to the tentative tract as required by the City Engineer. b) 8-foot wide meandering sidewalk/Class I Golf Cart Path as shown on the approved tentative tract map from the northerly property line to the proposed primary entry. This improvement shall be installed in its entirety as part of the initial project improvement phase. c) Reconstruct the existing 22-foot wide raised landscaped median as needed to accommodate full movements at the entry. Additionally, the applicant shall provide adequate length of left turn deceleration lane with in the median as determined by a California Licensed Traffic Engineer and as approved by the City Engineer. d) Reconstruct and remove existing pavement, curb and gutter, and curb returns previously constructed and not required for access to the tentative tract. The applicant shall extend improvements beyond the subdivision 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). CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 8 of 26 B. REQUIRED PROJECT FAIR -SHARE IMPROVEMENTS (OFF -SITE PUBLIC STREETS 1) Jefferson Street at Avenue 54. a. Prior to issuance of the first building permit, the Applicant shall pay $107,500 to the City to cover the project's obligation for this traffic signal. Prior to issuance of the 1 15t" (50% of units) building permit the developer shall conduct a traffic warrant study. It shall be determined by the Public Works Director if traffic signal warrants are met for this intersection. If warrants are met, the Public Works Director shall add the signal to the City's Capital Improvement Program (CIP) for construction the following year. If traffic signal warrants are not determined to be met pursuant to the aforementioned, a second signal warrant determination shall be conducted by the developer prior to issuance of the 230t" building permit. If the Public Works Director determines warrants are met, the signal improvement shall be added to the City's Capital Improvement Program (CIP) for construction the following year. C. FUTURE PROJECT FAIR -SHARE IMPROVEMENTS (OFF -SITE PUBLIC STREETS 1) Washington Street at Avenue 50. a) The applicant shall pay his fair -share (calculated in the Final EIR, Table 11.0-12, as 0.9% for PM peak trips) for improvements to install a third northbound through lane, a second southbound left turn lane, a southbound right turn lane with right turn overlap phase, a second eastbound left turn lane, a second eastbound through lane, a second west bound through lane, and a westbound right turn overlap phase. The amount of the applicant's fair share for the above mentioned improvements shall be as approved by the City Engineer. The applicant shall pay to the City of La Quinta his fair share prior to final map recordation. 2) Jefferson Street at Avenue 50. a) The applicant shall pay his fair -share (calculated in the Final EIR, Table 11.0-12, as 6.6% for PM peak trips) for improvements to install a second southbound left turn lane, a second eastbound left turn lane, and a second westbound through lane. The amount of the applicant's fair share for the above mentioned improvements shall be as approved by the City Engineer. The applicant shall pay to the City of La Quinta his fair share prior to final map recordation. CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 9 of 26 D. PRIVATE STREETS 1) Street 'A' Main Entry - Entry Gate driveway as shown on the approved Tentative Tract Map and as per these conditions of approval. 2) Street 'A' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width with parking allowed on both sides. 3) Street 'B' - Private Residential Street measured gutter flow line to gutter flow line shall have a 36-foot travel width, allowing for double -loaded on - street parking where no visual or other conflicts exist, and provided the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Community Development Department prior to recordation. Portions of Street 'B' where the measured gutter flow line to gutter flow line is 28-foot travel width, parking is not allowed on either sides. 4) Streets 'C', 'D', and 'E' - Private Residential Streets measured gutter flow line to gutter flow line shall have a minimum 32-foot travel width with parking restricted to one side, provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Community Development Department prior to recordation. 5) Common Driveway (The Villas) - Private Residential Common Driveways to be a minimum of 25 feet travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Marshal. 6) Street 'F' (Lot K; Secondary access, egress only) -Private Residential Street measured at gutter flow line to gutter flow line shall have a 20-foot travel width with no parking allowed on either side and provided the applicant establishes provisions that this secondary access is for egress only. E. Turn Around at Streets 'C' and 'D'. 1) The turn around shall conform to the shape shown on the tentative tract map, except for any minor revisions as may be required by the City Engineer and/or Riverside County Fire Department. The turn -around shall incorporate signing, striping, and/or any required improvements to minimize turning conflicts, as may be determined necessary by the City Engineer. CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 10 of 26 26. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn -around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Riverside County Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 27. 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: Residential 3.0" a.c./4.5" c.a.b. PGA Boulevard 4.5" a.c./6.0" c.a.b. Or the approved equivalents of alternate materials. 28. 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. 29. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are permitted. B. Secondary Entry (PGA Boulevard): Right turn in and out is permitted at the existing Roundabout. Left turn in and out is prohibited due to the roundabout design CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 11 of 26 concept in place. 30. 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. 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 qualified engineers. 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 33. The applicant shall abandon or relocate existing easements over the tentative tract map prior to recordation of the Final Map as required by the agency and/or individual favored and as approved by the City Engineer. Additionally, the applicant shall relocate existing utility facilities that are required by all utility purveyors prior to issuance of the first building permit or as approved by the City Engineer. 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. 34. 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 Section 13.24.040 (Improvement Plans), LQMC. 35. 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 Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. WQMP (Plan submitted in report form) NOTE: A through C to be submitted concurrently. D. On -Site Precise Grading Plan (The Villas) 1 " = 30' Horizontal CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 12 of 26 E. Off -Site Private Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Private Street Signing & 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 berm design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical H. Off -Site Public Street Traffic Signal Plan 1 " = 20' Horizontal I. Off -Site Public Street Signing & Striping Plan 1 " = 40' Horizontal NOTE: D through I 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 Public Works Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2010 California Building Code accessibility requirements associated with each door. The assessment must comply with the submittal requirements of the Building & Safety Division. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Community Development Director and the City Engineer. CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 13 of 26 "Site Development" 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. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 36. 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. 37. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 38. 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 39. 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. 40. 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 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 14 of 26 any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC 41. 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. 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. 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, pursuant to the approved phasing plan, 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. 42. Depending on the timing of the development of this Tentative Tract 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 tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, 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 or as required by the City Engineer. 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. CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 15 of 26 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. Such estimates shall conform to the unit cost schedule as approved 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. 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. C;RAnINC; 43. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 44. 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. 45. 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 a professional 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. CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 16 of 26 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. 46. 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. 47. 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. 48. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform to pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 49. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. House pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet or as approved by the City Engineer. 50. 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 Tract Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 51. Prior to the issuance of a building permit for any building lot, the applicant shall provide a CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 17 of 26 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. 52. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. 53. Within 30 days prior to the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Community Development Department, and approved prior to the commencement of said activity. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permit. The Community Development Director shall determine when a 'ground disturbing activity' constitutes the need for compliance with this requirement 54. No grading, building or any other permit requiring any ground -disturbance shall be issued, until the provisions of Conditions 106 through 115, pertaining to archaeological and paleontological monitoring, have been complied with, to the extent they are applicable to a specific permit request. The Community Development Director shall determine what action(s) constitute 'ground disturbance' within the context of this condition. nRAINAC,F 55. Stormwater handling shall conform to the approved hydrology and drainage report for Signature. 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. 56. 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 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 18 of 26 Control Board - Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-201 3- 0011 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ.. 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. R7-2013-001 1. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 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 57. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 58. 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. 59. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 60. 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. 61. 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. CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 19 of 26 62. There is an existing Public Utility Easement (PUE) that crosses through areas where structures are proposed to be constructed for the development. Imperial Irrigation District has notified the developer that they have existing facilities within that PUE and cannot currently support vacating it. The developer is fully responsible financially to work with IID and other utility companies, as necessary to relocate their existing facilities. If the utility facilities cannot be relocated or the PUE abandoned, the project may require additional entitlements in the future. 63. The applicant shall abandon or relocate existing easements over the tentative tract map prior to recordation of the Final Map as required by the agency and/or individual favored and as approved by the City Engineer. Additionally, the applicant shall relocate existing utility facilities that are required by all utility purveyors prior to issuance of the issuance of the first building permit or as approved by the City Engineer. 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. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 65. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 66. All 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). Final landscape plans shall reflect a significant effort to reduce turf areas in all landscaping, common and private. 67. The applicant shall submit final landscape plans for review, processing and approval by the Community Development Department, in accordance with the Final Landscape Plan application process and with green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Community Development Director. Landscape plans for landscaped medians on public streets shall be approved by the both the Community Development Director and the City Engineer. Where City Engineer approval is not required, CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 20 of 26 the applicant shall submit for green sheet approval by the Public Works Department. Community Development Director approval of the final landscape plans is required prior to issuance of the first building permit, unless the Community Development Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Community Development Director and/or City Engineer. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Community Development Department a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission's approval, the Community Development Director shall review and approve any such revisions to the landscape plan. 68. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 69. 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. 70. Front yard landscaping for each dwelling shall consist of, at minimum, 36" box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), 5- gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. To encourage water conservation, no more than 50% of the front yard landscaping shall be devoted to turf. A no -turf front yard option shall be provided for each plan type. 71. All water features shall be filled and replenished in accordance with LQMC Section 8.13 (Water Efficient Landscape). PUBLIC SERVICES 72. The applicant shall provide any public transit improvements as may be required by SunLine Transit Agency and approved by the City Engineer. At this time, SunLine has not requested any such improvements; however, should such a request be made in the future, depending on project phasing and completion, the applicant may be required to provide CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 21 of 26 certain said improvements. FIRE PROTECTION 73. For residential areas, approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from a hydrant. Minimum fire flow for all residential structures shall be 1000 GPM for a 2-hour duration at 20 PSI. 74. Blue dot retro-reflectors shall be mounted on private streets and driveways 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 75. City of La Quinta ordinance requires all buildings 5,000 sq. ft. or larger to be fully sprinkled per NFPA 13/13R/13D Standard. Residential fire sprinklers are required in all one and two-family dwellings per the California Residential Code. Contact the Riverside County Fire Department for the Residential Fire Sprinkler Standard. Sprinkler plans will need to be submitted to the Fire Department. 76. For commercial areas, the required fire flow shall be available from 1 Super hydrant(s) (6" x 4" x 21 /2" x 21 /2") spaced not more than 500 apart and shall be capable of delivering a fire flow 1750 GPM per minute for two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 77. For commercial areas, the FCD and PIV 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 78. Any turn -around requires a minimum 38-foot turning radius, subject to approval by the Fire Department. 79. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 80. 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 1 2" 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. 81. Fire Apparatus access road and driveways shall be in compliance with the Riverside CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 22 of 26 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 80 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 82. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 83. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 84. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 85. Roadways may not exceed 1320 feet without secondary access. This access may be restricted to emergency vehicles only however, public egress must be unrestricted. 86. 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. MAINTENANCE 87. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 88. 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 89. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. 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. CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 23 of 26 90. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 91. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 92. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 93. Permits issued under this approval shall be subject to the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. 94. Tentative Tract 36537 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required for 230 units is 1.748 acres. The in -lieu payment(s) shall be based upon this acreage requirement, and on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value appraisal, or other information on land value within the subdivision. In -lieu fees may be paid for each proposed final map phase of a multiple -phased map. Payment of the in -lieu fee shall be made prior to, or concurrently with recordation of the first final map within the tentative map. 95. A fee of $50.00, payable to Riverside County, is due to this office within 24 hours of any City Council approval. This is required by the County to post the Notice of Exemption and offset costs associated with AB 3158 (Fish and Game Code 71 1 .4). COMMUNITY DEVELOPMENT DEPARTMENT 96. Applicant shall ensure compliance with all mitigation measures set forth in the Subsequent Environmental Impact Report (SEIR), SCH #2007061056, as part of all related conditions of approval, as identified in Condition No. 4. These mitigation measures are required to address potentially significant impacts to Air Quality (Short - Term Construction Impacts); Cultural Resources; Noise; Public Services (Schools); Transportation, Traffic, Parking and Circulation (Project Traffic, Cumulative Impacts). 97. Applicant shall prepare project CC&R's to address parking restrictions for on -street guest parking and all other guest parking areas, including any use of common driveway space for parking. Parking provisions shall also include allowances for golf cart use and parking within the tentative map area, in accordance with the approval conditions for Site Development Permit 2013-924. In addition, the CC&R's shall incorporate provisions as set forth in Development Agreement 2006-01 1 , as determined necessary by the City CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 24 of 26 Attorney and Community Development Department. 98. Building heights, setbacks, parking and other development standards shall be in compliance with the approved plan documents for the Signature at PGA West project, Tentative Tract Map 36537, Site Development Permit 2013-924,.and any precedent conditions of approval for Specific Plan 83-002, Amendment No. 6. 99. Lots 1 and 2 shall be restricted to single story Estate plans, as shown on the tentative map. This restriction shall be designated by note on the final map, referencing Condition 67 of Site Development Permit 2013-924 and shall further state that compliance with the restriction shall be verified during review of precise grading plan submittal(s). 100. A note shall be placed on the final map, restricting units sited on Lots 59-65 and 74-104 to a 45-foot building setback, as measured from the project property line/perimeter wall. The note shall reference Condition 68 of Site Development Permit 2013-924 and shall further state that compliance with the restriction shall be verified during review of precise grading plan submittal(s). 101. An improvement schedule and access agreement for the ultimate development of Lot 136, for expansion of the Stadium Clubhouse parking area, shall be submitted prior to final map recordation. Establishment of the proposed parking facilities shall be subject to review and approval of a site development permit in accordance with Section 9.210.010, LQMC (Development Review Permits). 102. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City's standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. 103. A master wall plan, detailing the design and location of any sound wall areas, entry walls, and interior property line walls, shall be subject to review and approval by the Community Development Department, in accordance with the landscape review process as conditioned. The wall plan shall specify colors and materials to be used for the walls, capping, pilasters, entry monuments, planters, and any other related features. 104. Construction of the remainder of the primary perimeter wall fronting PGA Boulevard shall be completed in accordance with the respective development phasing. The applicant shall maintain, as necessary, the existing temporary fencing/gates in all locations where temporary wall openings are intended for construction and/or golf cart access, until such time as those openings are removed to complete the perimeter wall. The applicant shall continue to maintain the site to avoid dust blowing onto adjacent properties. This requirement shall remain in force until 100% completion of the project perimeter wall. CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 25 of 26 105. The applicant shall provide a copy of an executed agreement with the PGA West Master Association, for maintenance and potential repair associated with the use of PGA Boulevard for construction activities associated with the Signature project. The agreement shall be provided to the City prior to issuance of grading or grading -related permits or activities. This requirement is strictly to verify that the final agreement is in place prior to commencement of any construction, and is not intended to imply that the City of La Quinta is in any way a party to said agreement. ARCHAEOLOGY 106. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. A tribal monitor from the Ramona Band of Cahuilla Indians shall be included in the monitoring crew. The monitors shall be empowered to temporarily halt or divert equipment to allow for City notification and analysis. 107. The developer/property owner shall enter into a pre -excavation agreement with the Ramona Band of Cahuilla Indians, which addresses inadvertent discoveries of cultural resources and the disposition of cultural resources found during the development of the project. Inadvertent discoveries of human remains, if such discovery should occur, shall be handled according to applicable State laws. 108. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 109. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 110. The conditions of approval for this item shall be included in the submitted Phase I report prior to issuance of the first permit requiring monitoring. 1 1 1 . If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Community Development Department shall be notified immediately. PALEONTOLOGY CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36537 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 26 of 26 112. On and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates, including a program of screen washing for micro invertebrate fossils. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to the City prior to issuance of first earth - moving permit, or before any clearing of the site has begun. Any earth moving activity in Holocene -age lakebed required for the proposed project shall be monitored by a qualified paleontologist. The paleontologist shall be empowered to redirect earth moving activities if required to identify and remove resources. The monitor shall also be equipped to quickly remove resources if found. The monitor shall submit, within 30 days of completion of earth moving activities, a report of findings to the Community Development Department for review and approval. Any resource removed from the site shall be properly documented and curated. 113. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 114. A report of findings with an appended itemized inventory of specimens shall be submitted to the Community Development Department prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 115. Collected resources and related reports, etc. shall be given to the Community Development Department for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. PLANNING COMMISSION RESOLUTION 2013 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SITE DEVELOPMENT PERMIT 2013-924 INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR A 230-UNIT RESIDENTIAL PROJECT CASE NO.: SITE DEVELOPMENT PERMIT 2013-924 APPLICANT: POINTE LARSEN, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 12t" day of November, 2013, hold a duly noticed Public Hearing to consider a request by Pointe Larsen, LLC for consideration of a site development permit in order to develop a 230-unit residential project, consisting of 130 single family detached units, and 100 condominium units, to include a guard gatehouse and 4,086 s.f. community building, on ±42 acres located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT 1 AND LOT L, TRACT 29421 ; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on November 1, 2013, as prescribed by the La Quinta Municipal Code, with said hearing notice having been mailed to all property owners within the boundaries of the original PGA West Specific Plan area; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify recommending to the City Council approval of said Site Development Permit: 1 . Consistency with the General Plan The land use is consistent with the General Plan land use designation of Tourist Commercial, in that the City's General Plan policies relating to Tourist Commercial permits residential developments that include single- and multi- family residential with resort amenities. Under Amendment 6 to the PGA Planning Commission Resolution 2013 - Site Development Permit 2013-924 Pointe Larsen, LLC (The Signature) Adopted: November 12, 2013 Page 2 West Specific Plan, the residential amenity is integrated into the existing Tourist Commercial land use as set forth in the Specific Plan 2. Consistency with the Zoning Code and PGA West Specific Plan (SP 83-002) The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code and Specific Plan 03-002, as amended, in terms of project location, architectural style, building height, building mass, and landscaping. The Community Development Director has made a Determination of Substantial Conformance for the Signature at PGA West, with respect to the previously approved Amendment #6 to the PGA West Specific plan. 3. Compliance with the California Environmental Quality Act (CEQA) Processing of this Site Development Permit for the proposed use is in compliance with the provisions of the California Environmental Quality Act. The La Quinta Community Development Director has determined that the proposal is exempt from further CEQA review under Section 15182 (Residential Projects Pursuant to a Specific Plan). The Community Development Director has made a Determination of Substantial Conformance for the Signature at PGA West, with respect to the previously approved Eden Rock at PGA West project, for which a Subsequent Environmental Impact Report (SCH #2007061056) was certified by the La Quinta City Council on April 15, 2008. 4. Architectural Design The architecture and layout of the building is compatible with, and not detrimental to, the existing PGA West residential, tennis and golf club facilities adjacent to the site, and the height, mass, and scale of the buildings are appropriate and consistent with the development standards in the Municipal Code and Specific Plan 83-002, Amendment #6. 5. Site Design The site design, 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, vehicle and golf cart parking, and project amenities. Proposed tentative grade elevations, unit and building orientation and siting are appropriate and consistent with development standards in the Municipal Code and Specific Plan 83-002, Amendment #6. Planning Commission Resolution 2013 - Site Development Permit 2013-924 Pointe Larsen, LLC (The Signature) Adopted: November 12, 2013 Page 3 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, as conditioned, will comply with the City's water tolerant landscaping requirements, and will integrate into the community's existing landscaping. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1 . That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That it does hereby recommend City Council approval of Site Development Permit 2013-924, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 12t" day of November, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: LES JOHNSON, Community Development Director City of La Quinta, California CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 1 of 15 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. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit shall expire two years after the City Council approval date, unless recorded or granted a time extension pursuant to Title 9 of the La Quinta Municipal Code (§9.200.080; Permit expiration and time extensions). The two-year time period shall be tolled during the pendency of any lawsuit that may be filed, challenging this Site Development Permit and/or the City's CEQA compliance. 3. Site Development Permit 2013-924 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: • Subsequent EIR; SCH #2007061056 • Specific Plan 83-002, Amendment No. 6 • Tentative Tract Map 36537 • Development Agreement 2006-01 1 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence, in conjunction with Condition 70, if applicable to the circumstances of any such conflict. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • La Quinta Community Development Department • Riverside County Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 2 of 15 • 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 the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 5. 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. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 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 these conditions of approval. CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 3 of 15 PROPERTY RIGHTS 9. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 10. Pursuant to the aforementioned condition, conferred rights shall include approvals from all necessary persons or entities over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 1 1 . 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. 12. 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. IMPROVEMENT PLANS 13. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. All improvement requirements of Tentative Tract 36537 shall be applicable as appropriate to this Site Development Permit approval. 14. 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. CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 4 of 15 15. The applicant shall construct the following street improvements to conform to the General Plan (street type noted in parentheses.) A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' ROW) - No additional private street widening is required. 2) Other required improvements in the PGA Boulevard private street 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 reconstruct all curb and gutter at existing intersections that do not provide access to the tentative tract as required by the City Engineer. b) 8-foot wide meandering sidewalk/Class I Golf Cart Path as shown on the preliminary precise grading plan, from the northerly property line to the proposed primary entry. This improvement shall be installed in its entirety as part of the initial project improvement phase. c) Reconstruct the existing 22-foot wide raised landscaped median as needed to accommodate full movements at the entry. Additionally, the applicant shall provide adequate length of left turn deceleration lane with in the median as determined by a California Licensed Traffic Engineer and as approved by the City Engineer. d) Reconstruct and remove existing pavement, curb and gutter, and curb returns previously constructed and not required for access to the tentative tract. The applicant shall extend improvements beyond the subdivision 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). CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 5 of 15 16. The Applicant shall pay the project's fair share obligations for traffic improvements as required in the approval conditions for TT 36537. 17. The design of community parking facilities for common areas shall conform to LQMC Chapter 9.150, and in particular the following: A. The parking stall, aisle widths and double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. On -street parking designated as guest parking on the approved site plan shall be designed in accordance with parallel stall requirements. B. Cross slopes should be a maximum of 2% where ADA accessibility is required, including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes as required 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. Where handicapped parking may be required, one van accessible handicapped parking stall is required per eight handicapped parking stalls. F. Golf cart parking areas shall be provided at appropriate locations in the development, in particular in close proximity to the Community Building area. Golf cart stall size shall conform to generally accepted industry standards, as may be determined by the City Engineer and Community Development Department. A project parking plan shall be required to include appropriate signage to implement parking restrictions, and on and off-street parking provisions of the CC & R's subject to City Engineer and Community Development Department approval. G. A minimum five -space bicycle rack shall be provided in an appropriate location at the Community Building facility. CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 6 of 15 18. 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. GRADING 19. All grading requirements of Tentative Tract 36537 shall be applicable as appropriate to this Site Development Permit approval. 20. 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 a professional 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. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 7 of 15 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. DRAINAGE 21. Stormwater handling shall conform to the approved hydrology and drainage report for Tentative Tract Map 36537. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. All drainage requirements of Tentative Tract 36537 shall be applicable as appropriate to this Site Development Permit approval. 22. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 23. Nuisance water shall be retained on site. Nuisance water shall be disposed of as required for Tentative Tract Map 36537. 24. 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 Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 25. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board - Colorado River Basin Region Board Order No. R7-201 3-0011 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. CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 8 of 15 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 inclusion in the Homeowners' Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required. ADVISORY NOTE: The Signature Preliminary WQMP has not been approved for entitlement, and contains several unresolved items. Therefore, these approval conditions have been prepared to be general in nature, with the understanding that the site plan may change from the current condition, pending assessment and finalization of the project BMPs for treatment of the first flush storm event for required pollutant removals. At the applicant's request, staff has prepared these conditions to maintain a specific processing schedule, and by so doing, the applicant understands that any site plan change(s) may require subsequent review by the Planning Commission and/or City Council. CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 9 of 15 UTILITIES 26. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. All utility requirements of Tentative Tract 36537 shall be applicable as appropriate to this Site Development Permit approval. CONSTRUCTION 27. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to private (Off - Site) streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 28. The applicant shall provide a copy of an executed agreement with the PGA West Master Association, for maintenance and potential repair associated with the use of PGA Boulevard for construction activities associated with the Signature project. The agreement shall be provided to the City prior to issuance of grading or grading -related permits or activities. This requirement is strictly to verify that the final agreement is in place prior to commencement of any construction, and is not intended to imply that the City of La Quinta is in any way a party to said agreement. This condition shall not apply to permitting for any remaining portions of the project perimeter wall. 29. Construction of the remainder of the primary perimeter wall fronting PGA Boulevard and Stadium Clubhouse parking areas shall be completed in accordance with the respective development phasing. The applicant shall maintain, as necessary, existing temporary fencing/gates in all locations where temporary wall openings are intended for interim conditions, such as construction and/or golf cart access, until such time as those openings are removed to complete the perimeter wall. The applicant shall continue to maintain the site to avoid dust blowing onto adjacent properties. This requirement shall remain in force until 100% completion of the project perimeter wall. LANDSCAPE AND IRRIGATION 30. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 10 of 15 Setbacks) & 13.24.140 (Landscaping Plans). Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 31. All 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). Final landscape plans shall reflect a significant effort to reduce turf areas in all landscaping, common and private. 32. The applicant shall submit final landscape plans for review, processing and approval by the Community Development Department, in accordance with the Final Landscape Plan application process and with green sheet sign off by the Public Works Department. When plan checking has been completed by the Community Development Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Community Development Director. Landscape plans for landscaped medians on public streets shall be approved by the both the Community Development Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for green sheet approval by the Public Works Department. Community Development Director approval of the final landscape plans is required prior to issuance of the first building permit, unless the Community Development Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Community Development Director and/or City Engineer. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Community Development Department a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission's approval, the Community Development Director shall review and approve any such revisions to the landscape plan. CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 11 of 15 33. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director and the Coachella Valley Water District. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 34. Proposed landscape palettes for all landscape components of the project shall be consistent with the master palette included in Specific Plan 83- 002,Amendment No. 6, as approved. 35. Front yard landscaping for each dwelling shall consist of, at minimum, 36" box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. To encourage water conservation, no more than 50% of the front yard landscaping shall be devoted to turf. A no -turf front yard option shall be provided for each plan type. 36. All water features shall be filled and replenished in accordance with LQMC Section 8.13 (Water Efficient Landscape). All tile roofs shall incorporate a built- up mudding effect. All stucco coverings shall be a smooth, hand -trowel finish. 37. The final landscape plans shall reflect a significant effort to reduce the use of turf areas in all landscaping, common and private. Specifically, plans shall minimize or eliminate all turf areas adjacent to sidewalks and roadways. FIRE PROTECTION 38. The Riverside County Fire Department requires the below listed fire protection measures be provided in accordance with the City of La Quinta Municipal Code and/or the Riverside County Fire Department Fire Protection Standards. Final conditions will be addressed when complete building plans are reviewed. 39. For residential areas, approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from a hydrant. Minimum fire flow for all residential structures shall be 1000 GPM for a 2-hour duration at 20 PSI. 40. Blue dot retro-reflectors shall be mounted on private streets and driveways 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 41. City of La Quinta ordinance requires all buildings 5,000 sq. ft. or larger to be fully sprinkled per NFPA 13/13R/13D Standard. Residential fire sprinklers are CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 12 of 15 required in all one and two-family dwellings per the California Residential Code. Contact the Riverside County Fire Department for the Residential Fire Sprinkler Standard. Sprinkler plans will need to be submitted to the Fire Department. 42. For commercial areas, the required fire flow shall be available from 1 Super hydrant(s) (6" x 4" x 21 /2" x 21 /2") spaced not more than 500 apart and shall be capable of delivering a fire flow 1750 GPM per minute for two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 43. For commercial areas, the FCD and PIV 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-1 6 licensed contractor must submit plans, along with current permit fees, to the Fire Department for review and approval prior to installation 44. Any turn -around requires a minimum 38-foot turning radius, subject to approval by the Fire Department. 45. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 46. 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. 47. Fire Apparatus access road and driveways 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 1 5%. 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 80 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 48. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 13 of 15 remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 49. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 50. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 51. Roadways may not exceed 1320 feet without secondary access. This access may be restricted to emergency vehicles only however, public egress must be unrestricted. 52. 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. FEES AND DEPOSITS 53. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 54. 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. 55. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 56. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 57. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 14 of 15 Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. COMMUNITY DEVELOPMENT DEPARTMENT 58. Applicant shall ensure compliance with all mitigation measures set forth in the Subsequent Environmental Impact Report (SEIR), SCH #2007061056, as part of all related conditions of approval, as identified in Condition No. 3. These mitigation measures are required to address potentially significant impacts to Air Quality (Short -Term Construction Impacts); Cultural Resources; Noise; Public Services (Schools); Transportation, Traffic, Parking and Circulation (Project Traffic, Cumulative Impacts). 59. Applicant shall prepare project CC&R's to address parking restrictions for on - street guest parking and all other guest parking areas, including any use of common driveway space for parking. Parking provisions shall also include allowances for golf cart use and parking within the tentative map area, in accordance with the approval conditions for Site Development Permit 2013- 924. In addition, the CC&R's shall incorporate provisions as set forth in Development Agreement 2006-01 1, as determined necessary by the City Attorney and Community Development Department. 60. Building heights, setbacks, parking and other development standards shall be in compliance with the approved plan documents for the Signature at PGA West project: Tentative Tract Map 36537, Site Development Permit 2013-924, and any precedent conditions of approval for Specific Plan 83-002, Amendment No. 6. 61. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Community Development Department, and approved. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permit. 62. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City's standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. 63. An improvement schedule and access agreement for the ultimate development of Lot 136, for expansion of the Stadium Clubhouse parking area, shall be CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2013-924 SIGNATURE AT PGA WEST NOVEMBER 12, 2013 Page 15 of 15 submitted prior to final map recordation. Establishment of the proposed parking facilities shall be subject to review and approval of a site development permit in accordance with Section 9.210.010, LQMC (Development Review Permits). 64. All tile roofs shall incorporate a built-up mudding effect. All stucco coverings shall be a smooth, hand -trowel finish. 65. Lots 1 and 2 shall be restricted to single story Estate plans, as shown on the preliminary precise grading plan. This restriction shall be noted on, and verified during review of, the final precise grading plan submitted for building plan check. 66. Dwelling units sited on Lots 59-65 and 74-104 shall maintain a 45-foot building setback, as measured from the project property line/perimeter wall. Compliance with this requirement shall be verified during review of precise grading plan submittal(s). 67. 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. 68. A detailed lighting plan shall be submitted, to include area lighting for pedestrian and other common areas. Pole lighting at the two parking areas serving Villas 44 through 51 shall be shielded to minimize light wash into the northerly adjacent Estate lots. 69. The project developer shall work with City staff to identify and incorporate enhanced energy conservation and efficiency measures, toward exceeding the minimum provisions of California Building Standards Code, Title 24. Such measures shall be considered in all aspects of project implementation, from initial grading construction to landscaping installations. 70. Any future time extension requests for SDP 2013-924, when requested independent of any extension request for TT 36537, shall be subject to scrutiny in consideration of the then current approval conditions for TT 36537. Should any requisite condition changes to the SDP conflict with existing TT 36537 conditions, an amendment to the tentative map in order to address said conflict may be required, subject to a determination by the Community Development Director. ATTACHMENT # 1 Project Information CASE NUMBER: SITE DEVELOPMENT PERMIT 2013-924 TENTATIVE TRACT 36537 APPLICANT: WAYNE REMBOLD, REMBOLD COMPANIES PROPERTY OWNER: POINTE LARSEN, LLC ARCHITECT: BASSENIAN/LAGONI ARCHITECTURE LANDSCAPE ARCHITECT: RGA LANDSCAPE ARCHITECTS, INC. ENGINEER: MDS CONSULTING REQUEST: REVIEW OF ARCHITECTURAL AND LANDSCAPING PLANS FOR THE SIGNATURE AT PGA WEST, A 230- UNIT RESIDENTIAL COMPLEX OF SINGLE-FAMILY DETACHED AND ATTACHED UNITS LOCATION: IN THE PGA WEST DEVELOPMENT, ALONG THE NORTH AND EAST SIDE OF PGA BOULEVARD, WEST OF THE STADIUM CLUBHOUSE ON THE FORMER PGA WEST RESORT CORE SITE GENERAL PLAN DESIGNATION: ZONING DESIGNATION: SURROUNDING ZONING/LAND USES: TOURIST COMMERCIAL TOURIST COMMERCIAL (RSP) NORTH: GOLF COURSE AND RESIDENTIAL USES SOUTH: GOLF COURSE AND RESIDENTIAL USES EAST: GOLF COURSE CLUBHOUSE AND RESIDENTIAL USES WEST: GOLF COURSE CLUBHOUSE, TENNIS FACILITY AND RESIDENTIAL USES Pagel of 3 INFORMATION: SITE WAS ORIGINALLY APPROVED FOR THE EDEN ROCK PROJECT, 264 TOTAL DWELLING UNITS. APPROVED APRIL 15, 2008. THE EDEN ROCK APPROVAL IS STILL VALID BUT WILL BE VOIDED IF SIGNATURE APPROVAL IS GRANTED THE PROPOSED UNIT TYPE AND COMMON BUILDING CHARACTERISTICS ARE PRESENTED BELOW. ESTATE LOTS PRODUCT (ATTACHMENT 3, SECTION 4): • TWO FLOOR PLANS PROPOSED (EACH WITH ONE OR TWO STORY OPTIONS) • ONE AND TWO STORY; 17' 2" TO 25' 3" • NINE COLOR/MATERIAL SCHEMES • UNIT SIZES RANGE FROM 2,553 TO 3,343 S.F., DEPENDING ON LAYOUT OPTIONS. • 3BR/3BA WITH 4BR/4BA OR CASITA OPTIONS. • TWO CAR GARAGES AND GOLF CART GARAGE IN ALL UNITS HACIENDA LOTS PRODUCT (ATTACHMENT 3, SECTION 5): • TWO FLOOR PLANS PROPOSED (EACH WITH ONE OR TWO STORY OPTIONS) • ONE AND TWO STORY; 17' 6" TO 25' 6" • NINE COLOR/MATERIAL SCHEMES • UNIT SIZES RANGE FROM 1,916 TO 2,447, DEPENDING ON LAYOUT OPTIONS. • 1 BR/1 .SBA W/CASITA AND 2BR/3BA WITH A 1 BR/BA OPTION. • TWO CAR GARAGES AND GOLF CART GARAGE OR SPACE IN ALL UNITS VILLAS PRODUCT (ATTACHMENT 3, SECTION 6): • FOUR FLOOR PLANS PROPOSED IN DUPLEX, TRIPLEX AND FOURPLEX CONFIGURATION (ONE SINGLE -STORY PLAN IN TRIPLEX) • TWO STORY; 26' 4" TO 27' 6" • FOUR COLOR/MATERIAL SCHEMES • UNIT SIZES RANGE FROM 1,458 TO 2,261, DEPENDING ON LAYOUT OPTIONS. • FROM 1 BR/2BA TO 4BR/4.5BA DEPENDING ON OPTION. • TWO CAR GARAGES FOR ALL UNITS; 61 GUEST PARKING STALLS COMMUNITY BUILDING (ATTACHMENT 3, SECTION 7): • 4,086 S.F., TWO STORY STRUCTURE • 40' 9" TO HIGHEST ROOF PEAK (REVISED TO 28' 6") • INCLUDES UPSTAIRS OFFICES, 625 S.F. GYM ROOM, LOCKERS AND OUTDOOR LOUNGE AREA. Page 2 of 3 ENTRY GATEHOUSE (ATTACHMENT 3, SECTION 8): • APPROXIMATELY 300 S.F., ONE STORY STRUCTURE • 27' 1 " TO HIGHEST ROOF PEAK PEDESTRIAN PORTAL (ATTACHMENT 3, SECTION 8): • APPROXIMATELY 130 S.F., ONE STORY STRUCTURE • 20' TO HIGHEST ROOF PEAK Page 3 of 3 ATTACHMENT # 2 City of La Quinta z F Planning Division c�M OF'Ct�''9wS�¢ Community Development Department ATTACHMENT # 3-A El CM Z W 5 CU Q tu R ju lu g -o UA UA yj CL um Z !z > in z Lzzzzz I z 2 . . O 000 po � . . . . . z LU z z z z z 2 0 0 IY Z .0 D 4A 0 0 z >0 LLJ cr o 6 4A u' cc < �e I m < z a) LU w w rr D > LU 1-� z W zo D OJT vi ul w zE w z, cc < 12 Cf zi <-. 0 z cc a. UJ z Iz 65 0: < a- O� 0 uj z pcl ochNa IL cc < cc 'ER.iE z LL < cc w z 0 0 ui 0 00 —.0 w 0 CL LU L: WLLI I w Ol CD N 0 4 I t OL_ PGA BOULEVARD (P,Fi1VPTE) t M. I w W> < Fr F- 0 w > w fr CL w w cc Cl) WOC < Z F- ui 2! LIJ ul crz m a IL cn m z gU ¢'O 00 , t— EZ O w JL J ¢ U� it jig Die i h (5. 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ATTACHMENT # 5 ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MINUTES MONDAY, SEPTEMBER 18, 2013 CALL TO ORDER A special meeting of the La Quinta Architectural and Landscaping Review Board was called to order at 10:03 a.m. by Planning Manager David Sawyer. Planning Manager Sawyer led the Board into the Pledge of Allegiance. PRESENT: Board Members Richard Gray and Ray Rooker ABSENT: Board Member Kevin McCune STAFF PRESENT: Planning Manager David Sawyer, Principal Planner Wally Nesbit, Associate Planner Jay Wuu, and Secretary Monika Radeva PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES Motion - A motion was made and seconded by Board Members Gray/Rooker to approve the Architectural and Landscaping Review Board Minutes of August 21, 2013, as submitted, with the following additions: Page 3, Paragraph 5 shall read: "Board Member Rooker suggested the color of the building be changed to something more vibrant in order to draw attention to it, and a stronger architectural style be used to make the building stand out. " Page 4, Paragraph 1 shall be added: "Board Member Rooker suggested landscaping be added in the area between the proposed building and the existing post office. " AYES: Board Members Gray and Rooker. NOES: None. ABSENT: Board Member McCune. ABSTAIN: None. ARCHITECTURAL AND LANDSCAPING SPECIAL MEETING REVIEW BOARD MINUTES 1 SEPTEMBER 18, 2013 BUSINESS SESSION 1. Site Development Permit 2013-929 submitted by Monterra Properties, LLC. for consideration of architectural and landscaping plans for Monterra (TR 32742), a 14-acre tract, consisting of 40 single-family residential lots. Location: Monroe Street between Avenue 54 and Airport Boulevard. Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Mr. Mark Ladeda, President of Desert Coastal Developers, La Quinta, CA, introduced himself as the developer of the project, gave a brief description of the proposed residential development, and answered the Board's questions. Board Member Rooker provided the following suggestions for consideration by the Planning Commission: • Enhanced front door walkway separate from the driveway • Locate a single monument sign within a central island of the driveway instead of the two proposed signs on both sides • Additional use of color in the proposed landscaping palette Motion — A motion was made and seconded by Board Members Rooker/Gray recommending approval of Site Development Permit 2013-929, as submitted with staff's recommended conditions of approval and the addition of a condition requiring the adjustment of the location of the side wall to facilitate use of the golf cart space for Plan No. 1 . AYES: Board Members Gray and Rooker. NOES: None. ABSENT: Board Member McCune. ABSTAIN: None 2. Site Development Permit 2013-924 and Tentative Tract Map 36537 submitted by Wayne Rembold, Rembold Companies, for the consideration of architectural and landscaping plans for the Signature at PGA West, a 230- unit residential complex of single-family detached and attached units. Location: within the PGA West development, along the north and east side of PGA Boulevard, west of the Stadium Clubhouse on the former PGA West Resort core site. ARCHITECTURAL AND LANDSCAPING SPECIAL MEETING REVIEW BOARD MINUTES 2 SEPTEMBER 18, 2013 Principal Planner Wally Nesbit presented the information contained in the staff report, a copy of is is on file in the Community Development Department. Mr. Steven Ford, Development Director with Signature Development Services, Palm Desert, CA, introduced himself, gave an overview of the proposed development, explained the golf cart route, and answered the Board's questions. Mr. Mark Kiner, AIA, Senior Vice President with Bassenia / Lagoni Architecture Planning Interiors, Newport Beach, CA, introduced himself, explained the proposed color palette and concrete tile roof, and answered the Board's questions. Motion — A motion was made and seconded by Board Members Gray/Rooker recommending approval of Site Development Permit 2013-924 and Tentative Tract Map 36537 as submitted with staff's recommendations, and an amendment to Condition of Approval No. 8 removing the specific reference to "Mission clay tiles." AYES: Board Members Gray and Rooker. NOES: None. ABSENT: Board Member McCune. ABSTAIN: None. 0 A joint meeting between the Planning Commission and the Architectural and Landscaping Review Board has been tentatively scheduled for October 22, 2013, at 6:00 p.m. There being no further business, it was moved and seconded by Board Members Gray/Rooker to adjourn this meeting at 11:12 a.m. AYES: Board Members Gray and Rooker. NOES: None. ABSENT: Board Member McCune. ABSTAIN: None. Respectfully submitted, HO ARCHITECTURAL AND LANDSCAPING SPECIAL MEETING REVIEW BOARD MINUTES 3 SEPTEMBER 18, 2013 FGAMEST. M171MM MIMMIM Les Johnson Planning Director City of La Quinta Planning Department P.O. Box 1504 78-495 Cale Tampico La Quinta, CA 92244-1504 ATTACHMENT # 6 CITY OF LA QUINTA Me The PGA WEST Fairways Association ("Fairways") Board of Directors and management staff met with the developers of the future The Signature development for the purpose of reviewing their proposed changes to the previous plan. We appreciate the developers' plan to reduce the density and number of homes to approximately 230 homes and understand that The Signature will annex into the Fairways Association. The Fairways Board is in full support of The Signature project. Sincerely, On Behay'of the Board ofDirectors PGA WEST Fairways Association 4 e b Jor a th Brill i I I President cc: PGA WEST Fairways Board of Directors Developers of The Signature Project A-A0.& XAWVA��� PGAVMST.. CM OF LA QUIJYTA COMMUNTTY DEVELOPMENT October 25, 2103 Les Johnson Planning Director City of La Quinta Planning Dept 78-495 Calle Tampico La Quinta, CA 92244 Dear Mr. Johnson, The Club at PGA WEST and its owner representatives have met with the team from The Signature, and are in full support of this project. Not only will this development bring new home product to our community, but will also help to promote any Club Membership opportunities at PGA WEST, We appreciate the efforts that this team has taken to keep this project going over the years. We especially appreciate how this team has incorporated any of our Members comments into their project through the countless meetings they have hosted at our Club. An overwhelming majority of our 1500 Members support this project because they know this project will enhance our Club Community, We are confident this project will be a great addition to PGA WEST and to all of us here in the City of La Quinta; we are in full support of The Signature. Please let me know if there is any additional information we may supply. Best Re rds 'at odd Keefer General Manager The Club at PGA WEST The Club at ,- "The Western Home of Golf in America'@' 55-955 PGA Boulevard La Quinta, California 92253 www.pgawest.com Tel. (760) 564-7111 Fax (760) 771-2823 CV MEMORANDUM TO: Honorable Chairperson and Members of the Planning Commission FROM: Les Johnson, Community Development Director D. November 12, 2013 SUBJECT: Tentative Tract Map 36537 Site Development Permit 20013-924 Signature at PGA West Attached as part of this memorandum, please find email correspondence received regarding the proposed tentative tract map and site development permit applications. The emails were received by the Community Development Department after the staff report was completed and packets delivered to the Planning Commission. I From: Steve Weiss <sweiss@dc' rr.com> Sent: Saturday, November 09, 2013 3:15 PM To: Wally Nesbit; Wanda Wise -Latta; Council Cc: Steven Ford; Wayne Rembold; Blaine Larsen; Richard Hayes; Jerry McDonald; Mike Lake; Don Adolph; Linda Evans; Jim Cox; Monique & Howard Culver; Penni and Dan Sturgill; Rich Stenton,- Yolanda & Dick Mills; Todd Keefer; Jennifer Jenkins; Lon Grundy Subject: Support for Proposed Signature Project at PGA West, We are an adhoe committee of five individual homeowners that have been working constructively these past several months with Steven Ford and Wayne Tie bold (the developers) regarding the proposed Signature Project at PGA West, Our adhoc committee has been working on several issues with the developers including: 1. Set back of homes built along PGA Blvd, 2. Signature's agreement that it will be part of PGA West Fairways HOA 3. Signature and PGA West Master HOA having a signed Development Agreement At this writing, it has been assured to our satisfaction that these conditions have been met. Therefore, our adhoc committee supports the project as presented to LQ Planning and recommends its approval. If you have any further questions feel free to contact any of us. N� Adhoc Committee for Signature at PGA West (707) 246-4355 sweissp,dc.rr.corn Howard Culver Richard Mills Dan Sturgill Steve Weiss PH # 3 PLANNING COMMISSION STAFF REPORT DATE: NOVEMBER 12, 2013 CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2013-629 GENERAL PLAN AMENDMENT 2013-126 ZONE CHANGE 2013-144 APPLICANT: WILLIAM J. HAMMER/KIM M. HAMMER TRUSTEES; HAMMER FAMILY TRUST REQUEST: CONSIDERATION AND RECOMMENDATION OF A GENERAL PLAN AMENDMENT AND ZONE CHANGE ON 4.35 ACRES, FROM LOW DENSITY RESIDENTIAL LAND USE TO COMMERCIAL LAND USE DESIGNATONS LOCATION: SOUTHWEST CORNER AVENUE 58 AND MONROE STREET (ATTACHMENT 1) RECOMMENDED ACTION: 1. Adopt Planning Commission Resolution 2013 - , recommending City Council certification of a Mitigated Negative Declaration under Environmental Assessment 2013-629; 2. Adopt Planning Commission Resolution 2013 - , recommending City Council adoption of General Plan Amendment 2013-126; and, 3. Adopt Planning Commission Resolution 2013 - recommending City Council adoption of Zone Change 2013-144 EXECUTIVE SUMMARY: The applicant proposes an amendment to the La Quinta General Plan Land Use Map, from the current Low Density Residential (Up to 4 units/acre) to General Commercial. A zone change application is also proposed, to change from Low Density Residential (RL) to Neighborhood Commercial (CN). At this time, no development application has been proposed. Staff's review of the request finds no significant impacts, and that the Planning Commission recommend approval of the request to the City Council. BACKGROUND & ANALYSIS: The applicant engaged discussions with City staff regarding the subject property in Page 1 of 4 February 2013, which resulted in a subsequent filing of the subject applications in May 2013. During initial review of the request and its relevance to the surrounding area, staff identified several factors for consideration in determining the scope of the request and potential expansion of the area to be considered. After investigation of several possible expansion scenarios, it was determined that staff would review the applicant's request as submitted. Land Use Staff review of this application focused on the land use implications of the site as a commercial property, and the surrounding area in general. A request for additional commercial land use designation(s) should address existing sites, the factors affecting their development potential, and how designation of additional commercial would impact current land use patterns. Many factors affect how commercial land use allocations are determined: • Appropriate Size - Historically, Neighborhood Commercial centers average around 8-10 acres, 75 to 100 KSF. La Quinta's NC zoning will now allow mixed use residential and commercial, so larger properties may not necessarily equate to a corresponding increase in commercial building area. Based on this average, the size of the site, as proposed, will have limited potential to accommodate a standard neighborhood commercial center and will likely be limited to a smaller operation, such as a convenience store or "quick stop" type commercial development.. • Land Use Suitability — The site is currently designated for low density residential development at up to 4 units per acre; however, current zoning restrictions applicable to southeast area properties would limit lot size to no less than 20,000 square feet. The site is also impacted by an IID transmission line tower, which affects its suitability for residential development. • Anticipated Demand - Generally, the Vista Santa Rosa community area is not anticipated to support more than two or three small commercial developments, assuming an average residential development density of 1 unit/ac. Commercial sites currently exist in this segment of the community that remain undeveloped despite the perceived need for commercial services in the area. At present, there are nearly 70 acres of predominantly vacant commercial land use within approximately one mile of the subject site, the majority being in the County (Vista Santa Rosa), which is a part of the City's sphere of influence. The commercial properties within the sphere of influence have been designated as such by the City as part of the pre -annexation zoning established in anticipation of future annexation efforts. The La Quinta General Plan includes program language requiring the establishment of a master plan for the Vista Santa Rosa Sphere of Influence. This effort could result in a different land use than what is currently Page 2 of 4 represented. With this being noted, the current lack of nearby grocery and/or gasoline accommodations to serve the area's current resident's expressed needs could be addressed by a development of this scope and nature. • Location — Commercial sites generally locate at major intersections, within an adequate demand radius (rooftops), and with supporting mixed use development. While the site is at a major corner, given the surrounding area's lack of transit accessibility, mobility characteristics, mixed land use opportunity, etc., a site of this size has limitations. • Economic Considerations — Considering that the area is seen to have minimal commercial opportunities, and with the majority of the area's commercially designated lands in County jurisdiction, the city may wish to facilitate a current potential interest within La Quinta's city limits. Staff considered these factors with the site's locational advantages over similar commercial designated properties in the area. Expanding the amount of commercial land to the west and south of the subject property, in order to increase its commercial development potential, was also explored. Concern was raised due to other existing commercial designated properties in close proximity to the Avenue 58 and Monroe intersection. However, this also lends reasonable support to the applicant's request, as the commercial designation of the subject property could result in the establishment of a stronger commercial node at this intersection. Traffic The proposed change in land use warranted analysis of potential traffic impacts. Staff prepared a traffic memo, which was based on future use assumptions supplied by the applicant, to include a gas station with six pumps and a 4,000 square foot market, as well as 13,500 square feet of buildings housing additional general commercial uses (Attachment 2). It was also assumed that the existing residential zoning would represent the development of nine single family dwelling units. The memo concluded that the proposed land use change, from single family residential to commercial uses, will not create any significant impacts to the General Plan build out conditions at critical intersections and road segments in the vicinity of the project. However, a more detailed traffic impact study will be required during the entitlement process, to identify any project specific improvements as well as the project's fair share for the cost of improvements identified in the 2035 General Plan. AGENCY & PUBLIC REVIEW: SB18 Review The General Plan Amendment was subject to review by Native American Tribal Page 3 of 4 organizations, under SB 18 requirements. No consultation requests were received during the 90-day tribal consultation request period. Public Agency Review This request was sent to all applicable City departments and affected public agencies on May 24, 2013. All written comments received are on file and available for review with the Community Development Department. Public Notice The proposed applications were November 1, 2013. To date, no comments received subsequent to Commission hearing. ENVIRONMENTAL REVIEW advertised in The Desert Sun newspaper on comments have been received. Any written this report will be provided at the Planning Based on California Environmental Quality Act (CEQA) requirements, an Environmental Assessment (EA) 2013-629 was prepared. A Notice of Intent to adopt a Mitigated Negative Declaration was distributed and published in the Desert Sun on November 5, 2013, establishing a 20-day public review period under CEQA, which ends November 26, 2013. No comments have been received to date during the circulation of the proposed Negative Declaration. Report prepared by: Wallace Nesbit, Principal Planner Report approved for submission by: Les Johnson, Community Development Director Attachment: 1. Vicinity Map 2. Traffic Memo, dated 9/24/13 Page 4 of 4 PLANNING COMMISSION RESOLUTION 2013 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND MITIGATION MONITORING PROGRAM UNDER ENVIRONMENTAL ASSESSMENT 2013-629 CASE NO.: ENVIRONMENTAL ASSESSMENT 2013-629 GENERAL PLAN AMENDMENT 2013-126 ZONE CHANGE 2013-144 APPLICANT: HAMMER FAMILY TRUST WHEREAS, the Planning Commission of the City of La Quinta did, on the 1 2tn day of November, 2013, hold a duly noticed Public Hearing to consider the proposed General Plan Amendment and Zone Change applications (hereinafter, "Project"); and, WHEREAS, the Community Development Director has determined that although the proposed Project could potentially have a significant effect on the environment, there will not be a significant effect in this case as a result of mitigation measures incorporated into the Project approval that will mitigate or reduce any potential impacts to a level of non -significance. Therefore, the Community Development Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified under Environmental Assessment 2013-629, in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., (CEQA Guidelines); and, WHEREAS, the City did mail and publish a Notice of Intent to adopt the Mitigated Negative Declaration in compliance with Public Resources Code Section 21092 on the 5t" day of November, 2013 to the Riverside County Clerk; and WHEREAS, 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 findings to justify a recommendation to the City Council for certification of said Environmental Assessment: 1 . That the Mitigated Negative Declaration 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 Planning Commission Resolution 2013 - Environmental Assessment 2013-629 Hammer Family Trust Adopted: November 12, 2013 Page 2 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, including the Mitigation Monitoring Program, 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 2013-629 that cannot be mitigated under the Mitigation Monitoring Program. 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 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 2013-629 that cannot be mitigated by the Mitigation Monitoring Program. 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. Planning Commission Resolution 2013 - Environmental Assessment 2013-629 Hammer Family Trust Adopted: November 12, 2013 Page 3 8. The Planning Commission has considered the proposed Mitigated Negative Declaration and associated Mitigation Monitoring Program, and any comments received to date thereon, and there is no substantial evidence in light of the entire record that the project may have a significant effect on the environment that cannot be mitigated by the Mitigation Monitoring Program. The Project is a land use action and development of the Project site will require further entitlement review(s), at which time the mitigation measures attached to the Project approval will be implemented. 9. The Planning Commission has considered Environmental Assessment 2013-629 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 California Code of Regulations 753.5(d). 1 1 . Based upon the Initial Study and the entire record of proceedings, including the Mitigation Monitoring Program, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code §71 1 .2. 13. The location of the documents which constitute the record of proceedings upon which the Planning Commission decision is based upon, are located in the La Quinta City Hall, Community Development 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: SECTION 1 . That the above recitations are true and correct, and constitute the findings of the Planning Commission in regard to this Environmental Assessment. SECTION 2. That it does hereby recommend to the City Council certification of a Mitigated Negative Declaration of Environmental Impact and associated Mitigation Monitoring Program for Environmental Assessment 2013-629 (Exhibit "A") for the reasons set forth in this Resolution and as stated in the Initial Study (Exhibit "B"), on file in the Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission Resolution 2013 - Environmental Assessment 2013-629 Hammer Family Trust Adopted: November 12, 2013 Page 4 Planning Commission held on this 12t" day of November, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: LES JOHNSON, Community Development Director City of La Quinta, California EXHIBIT "A" MITIGATED NEGATIVE DECLARATION Pursuant to the procedures of the City of La Quinta for the implementation of the California Environmental Quality Act, the City has completed an Initial Study for the project described below: Project: General Plan Amendment/Zone Change; Hammer Family Trust City Case No.s: Environmental Assessment 2013-629 General Plan Amendment 2013-126 Zone Change 2013-144 Project Location: Southwest corner of Avenue 58 and Monroe Street, in the City of La Quinta Project Proponent: WILLIAM J. HAMMER/KIM M. HAMMER TRUSTEES; HAMMER FAMILY TRUST PO Box 278 Palm Desert, CA 92211 Project Description: The City of La Quinta is processing General Plan Amendment (GPA) and Zone Change (ZC) applications requested for a 4.35 gross acre site at the southwest corner of Monroe Street and Avenue 58, which is a partial holding of the Hammer Family Trust (map attached). The application proposes an amendment to the La Quinta General Plan Land Use Map, from the current Low Density Residential (Up to 4 units/acre) to General Commercial. A zone change application is also proposed, to change the underlying zoning of Low Density Residential (RL) to Neighborhood Commercial (CN). At this time, no development application has been proposed. Summary of Impacts: Attached is the Initial Study prepared for the Hammer Family Trust; General Plan Amendment 2013-126 and Zone Change 2013-144. The Initial Study reviews potential environmental effects associated with the proposed project. Please review the Initial Study for more information. Availability of Documents: The Initial Study and all documents referenced therein, are available for review at the City of La Quinta Community Development Department, located at 78495 Calle Tampico, La Quinta, CA 92253. EXHIBIT "B" 3. 4. 5. 6. 7. 8. California Environmental Quality Act Initial Study (as required by Sec. 15063 of the Public Resources Code) To be completed by the lead agency Project Title: Environmental Assessment 2013-629 General Plan Amendment 2013-126 Lead Agency Name and Address: Contact Person and Phone Number: Project Location: Project Sponsor's Name and Address: General Plan Designation: Zoning: Zone Change 2013-144 City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Wally Nesbit, Principal Planner 760-777-7125 SWC Monroe Street and Avenue 58, La Quinta. Hammer Family Trust P.O. Box 764 Rancho Mirage, CA 92270 Low Density Residential (4 du/acre) Low Density Residential 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 City of La Quinta is processing General Plan Amendment (GPA) and Zone Change (ZC) applications requested for a 4.35 gross acre site at the southwest corner of Monroe Street and Avenue 58, which is a partial holding of the Hammer Family Trust The application proposes an amendment to the La Quinta General Plan Land Use Map, from the current Low Density Residential (Up to 4 units/acre) to General Commercial. A zone change application is also proposed, to change the underlying zoning of Low Density Residential (RL) to Neighborhood Commercial (CN). At this time, no development application has been proposed. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: North: Vacant lands/existing SFR (Riverside County; Agriculture); Existing single family residential development (TR 30092; City of La Quinta; Low Density Residential) South: Vacant lands/Single family residential (Low Density Residential) East: Monroe Street/Agriculture/Commercial land use designation (Riverside County) West: Vacant lands (Low Density Residential) BE 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. 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 0 Agriculture Resources 0 Air Quality • Biological Resources 0 Cultural Resources 0 Geology / Soils • Hazards & Hazardous Materials 0 Hydrology / Water Quality 0 Land Use / Planning • Mineral Resources 0 Noise 0 Population / Housing • Public Services 0 Recreation 0 Transportation / Traffic • Utilities / Service Systems 0 Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: 0 1 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. 0 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 1 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, ■ 1 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 FIR 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, to Em Wallace Nesbit, Principal Planner City of La Quinta Printed name N 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 EIR 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. 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 -3- 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 X on a scenic vista? b) Substantially damage scenic resources, including, but not limited X to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site X and its surroundings? d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? SOURCES: La Quinta General Plan; Application materials; Project description I. a)-d) The proposed project will result in the potential for commercial development by changing the General Plan land use designation from Low Density Residential to General Commercial. The site is located at the southwest corner of Monroe Street and Avenue 58; both are designated an Image Corridor in the General Plan. Development of the site as a commercial use will evoke a different aesthetic opposed to a low density residential use, but would not be considered a substantially adverse effect. Image corridor height limit restrictions for buildings per the La Quinta Municipal Code will reduce the potential for view impacts. There are no significant trees, rock outcroppings or historic structures on the site. As such, at time of development proposals, the project proponent will be required to meet setback, landscaping and height limit requirements for the corridor, to improve the aesthetic appearance along Avenue 58 and Monroe Street frontage. Impacts associated with scenic resources are expected to be generally insignificant. Any new construction will create new light sources. The construction of commercial land uses will result in minor increases in light generation over residential development due to increased lighting from signs and commercial parking at the site. However, impacts associated with light are expected to be insignificant, whether the site is developed as commercial or residential land. se 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 X Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to X their location or nature, could result in conversion of Farmland, to non- agricultural use? SOURCES: 2010 Important Farmland Maps; La Quinta General Plan, Zoning Map and EIR II. a)-c) The project site is shown as Prime Farmland on the State Department of Conservation 2010 Important Farmland Map of Riverside County. The site was historically a palm grove, and was at one time developed with several trailers, but is not currently in agriculture. Only a few scattered palm trees remain, along with a concrete slab, and the entire site has been disturbed by unknown activities. The development of the site will impact the ability of these lands to be used for agriculture. Overall, there is no significant agriculture in the area, and the land has been designated in the General Plan for urban uses. There are no Williamson Act contracts on or adjacent to the property. No impacts to agriculture are expected. -5- 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? b) Violate any air quality standard or contribute substantially to an existing X or 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 X quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to X substantial pollutant concentrations? e) Create objectionable odors affecting X a substantial number of people? f) 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? SOURCES: La Quinta General Plan and EIR; Project description III. a)-g) The proposed project site 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 SCAB. As a land use action, the proposed General Plan Amendment and Zone Change will have no impact on air quality. The City will assess any future projects once they are proposed. Any project will be developed in accordance with all applicable air quality management plans, including the recently adopted 2012 Air Quality Management Plan (2012 AQMP). Mitigation Measures: 102 1. Impacts associated with traditional pollutants, such as ozone and PM,o, as well as greenhouse gas impacts will be calculated, and, if necessary, site specific mitigation measures devised and implemented with submittal of precise development plans for entitlement review. b! 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, X either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? SOURCES: La Quinta General Plan and EIR; Project description 5:2 IV. a)-f) The City of La Quinta is a participant in the Coachella Valley Multiple Species Habitat Conservation Plan. The Plan does not identify conservation areas in the vicinity of project site. The site is level and has been in a disturbed state for several years. The project area does not contain any riparian habitat. There are no wetlands within or adjacent to the project site. The City requires that all projects comply with the Migratory Bird Treaty Act. This City standard assures that any impacts to nesting birds are reduced to less than significant levels. There are no discernible tree stands or other features that would be a conducive habitat for nesting bird species. The proposed project area is within the area covered by the Coachella Valley Multiple Species Habitat Conservation Plan. The project site is not in a conservation area under the MSHCP, and as such is required to pay a mitigation fee. There will therefore be no conflict with the Plan, and no impact is expected. lull 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 X the significance of a historical resource as defined in ' 15064.5? b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to ' 15064.5? (General Plan MEA p. 123 ff.) c) Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? (General Plan MEA p. 88 ff. ) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) SOURCES: La Quinta General Plan and EIR; Project description V. a)-d) The City routinely requires that individual sites be studied for archaeological, historic and paleontological resources as projects are proposed. This policy will apply to any future projects proposed for this site, and should resources be identified, mitigation measures will be proposed. Given the disturbed nature of the site, overall impacts to cultural resources are expected to be less than significant. -10- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to X potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake X fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? X iii) Seismic -related ground failure, X including liquefaction? iv) Landslides? X b) Result in substantial soil erosion or X the loss of topsoil? c) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code, creating substantial risks to life or property? d) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? SOURCES: La Quinta General Plan and EIR VI. a)-d) There are no Alquist Priolo hazard zones on the site. The project site has been identified to be located in an area subject to potential liquefaction and should be a potential design consideration. Individual projects will be assessed for potential impacts relating to liquefaction and other hazards, if applicable, when development plans are submitted. New development of any kind in the City is required to connect to sanitary sewer services provided by the CVWD. No impacts associated with septic tanks are expected. The site is flat, is not adjacent to any hillside or slopes, and is not susceptible to landslides. ME Any proposed project will be subject to soil erosion due to wind and water during its construction. The City will require PM10 Management Plans for grading, consistent with its standards for all projects, to assure that wind erosion is controlled. The City will also require best management practices relating to storm water management during and after the construction process, to assure that storm water is not polluted by soils from the site or up stream sources. These City requirements will assure that the impacts associated with soil erosion will be less than significant. The project site's soils are generally granular and considered to be non -critically expansive. The City requires Geotechnical Reports as part of any new development application to assess soil conditions on a given site 3VA Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through X reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is X included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an X 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 result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including -13- where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: La Quinta General Plan and EIR; Project description VII. a) - h) Any development of the proposed project site will have minimal to no impact regarding hazards or hazardous materials. Projects proposed in the future will undoubtedly result in small quantities of hazardous materials being stored and used, but no large generator of such materials would be expected on site. Individual projects will be reviewed under CEQA, and impacts addressed during precise development review. There are no identified hazardous materials sites within the project area. There are no wildlands located adjacent or near the project site and the site is not located in an area at risk for wildland fires. SEE Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? b) Substantially deplete groundwater X 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-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, X including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? SOURCES: La Quinta General Plan and EIR; Project description -15- VIII. a)- e) Ultimate development of the site under the proposed land use designations is not expected to violate any water quality standards or waste discharge requirements. Any project will utilize ground water provided by the Coachella Valley Water District (CVWD) for potable/non-potable, and landscaping uses. CVWD's Urban Water Management Plan identifies sufficient water supplies, now and in the future, to serve its service area. The City also requires water conservation through landscaping irrigation controls, the installation of efficient fixtures, and appropriate landscaping design. Impacts associated with groundwater are expected to be less than significant. The City will assess any future proposed project on the site under CEQA when a project is submitted. It will apply its standard requirements, including compliance with NPDES, preparation of SWPPP and WQMP and Best Practices to all projects. f)-g) The site is not located in a flood zone as designated by FEMA. Further, no structures are planned, and no one will occupy the site for any period of time. No impact is expected. 31110 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? b) Conflict with any applicable land use plan, policy, or regulation of an X agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, 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 X conservation plan or natural community conservation plan? General Plan MEA p. 74 ff.) SOURCES: La Quinta General Plan and EIR; Project description IX. a) The project site and adjacent areas are generally vacant and construction of any future project will therefore not impact an existing community. b) The proposed land use change is being processed consistent with the City's standards and requirements for land use and zoning amendments. Any project submitted for the site will need to be consistent with the General Plan designation assigned to the property. c) The project site is within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan, and all projects are required to comply with the requirements of the Plan. No impact is expected. 3IVE Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? SOURCES: La Quinta General Plan and EIR; Project description X. a) & b) No mineral resources are expected to occur within the project area. There are no significant mineral resources in the vicinity of the project. The project site has been designated for urban use for a number of years, and the proposed commercial designation of the site will not alter the current impact potential. No impact will occur. 3E:9 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or X generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or X generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an X 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 or working in the project area to excessive noise levels? f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? SOURCES: La Quinta General Plan and EIR; Project description; ALUC letter XI. a)-f) Any project proposed for the site will be assessed under CEQA upon submittal in the future, including the preparation of noise analyses when required. These studies will provide mitigation where appropriate and necessary. The project site is not located within the noise contours of any airport or airstrip. 3Q12 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population X growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? SOURCES: La Quinta General Plan and EIR; Project description XII. a)-c) The ultimate development of 4.35 acres of commercial in lieu of single family housing will not result in substantial population growth, or the need for additional housing. There may be some effect on increased housing starts in the area due to availability of commercial services, but it would be negligible. The site is currently vacant, and development of the project would not displace people. No impacts associated with population and housing are expected. -20- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact 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 service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X SOURCES: La Quinta General Plan and EIR; Project description XIII. a) No impacts on public services are anticipated. Any project proposed will be required to contribute the required development impact fees, which include police and fire service facilities improvements, as well as park maintenance. Commercial development may have a reduced impact on schools and parks. The project proponent will be required to pay school fees in place at the time of development to mitigate potential impacts to schools. 508E Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use X 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; General Plan Exhibit 5.1) b) Does the project include X recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Project description) SOURCES: La Quinta General Plan and EIR; Project description XIV. a) & b) As stated above under Public Services, no impacts are expected as the proposed land use amendments would accommodate commercial development, which would have no impact on existing or future need for recreation facilities. MA Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing X 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)? b) Exceed, either individually or cumulatively, a level of service X standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due X to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency X access? f) Result in inadequate parking X capacity? g) Conflict with adopted policies, X plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)?) SOURCES: La Quinta General Plan and EIR; Project description; City traffic memo (as cited); Sunline Transit letter dated 6/1 1 /13 XV. a)-g) The traffic memo' identifies that the proposed project will generate approximately 576 daily trips as commercial land use, as opposed to 86 daily trips under the current residential land use designation. The future uses analyzed for the site assumed a gas station with six pumps and a 4,000 square foot market as well as 13,500 square feet of buildings housing additional commercial uses. The existing ' "Focused Traffic Impact Memo for GPA 2013-126, Hammer Family Trust" La Quinta Public Works, 9/24/13 -23- residential zoning would allow the construction of nine single family dwelling units. The traffic memo concluded that rezoning of the 4.35 acre site from single family residential to commercial uses will not create any significant impacts to the General Plan Build Out conditions at critical intersections and road segments in the vicinity of the project. The project will need to pay fair share for the cost of the improvements to critical intersections identified in the 2035 General Plan Environmental Impact Report, with those costs to be determined in a more detailed traffic impact study to be prepared during the entitlement process. Therefore, impacts associated with the proposed project will be less than significant. The proposed project will include a single public cul-de-sac accessing Calle Conchita, a designated public right-of-way, at a 90 degree angle. Calle Conchita accesses Madison Street. No hazards from design features are expected, but would be assessed once a precise development project is submitted. The proposed project will be required to meet City parking requirements, and will include pedestrian sidewalks along all developed streets. The proposed project will have no impact on transit facilities. Mitigation Measures: Any precise development project submittal shall require a detailed traffic impact study to be prepared during the entitlement process. The project proponent will need to identify and pay fair share for the cost of the improvements to critical intersections identified in the 2035 General Plan Environmental Impact Report, as determined by the City Traffic Engineer. y0A0 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE X SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction X of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction X of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with X sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and X local statutes and regulations related to solid waste? SOURCES: La Quinta General Plan and EIR; Project description XVI. a)-g) Development of the site will have no impact on utilities. The project site is served by CVWD for water and wastewater treatment, and development of a 4.35 acre commercial site will have no impact on their facilities. Stormwater retention will -25- be required on -site with any entitlement submittal and be designed to control the 100 year storm, so that storm flows do not impact City streets. Burrtec will provide waste management services to the site when developed. They dispose of waste at several regional landfills which have adequate capacity to serve any proposed project. There may be conflicts with Imperial Irrigation District facilities for overhead power transmission, which exist along Monroe Street. This would equally affect any potential development of the site regardless of its land use designation, so no increased impact due to the proposed land use changes will occur. WE Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential X 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 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 X disadvantage of long-term environmental goals? c) Does the project have impacts that X 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 past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have X environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) Impacts associated with biological and cultural resources would be less than significant under this analysis. Any future project proposed on the site will be subject to more detailed review based on City requirements for development application review, and appropriate mitigation under CEQA would be required at that time, including the preparation of resource survey reports and implementation of their recommendations as mitigation requirements. XVII. b) The proposed project (land use and zoning changes) will be consistent with the City General Plan, if adopted, and will not affect the City's General Plan goals. 504E Any future project will be consistent with the General Plan, as amended. XVII. c) The development of the site will have less than significant cumulative impacts, because any future project will be required to comply with mitigation measures included with this initial study, related to Air Quality and Traffic. XVII. d) The proposed project will not have any significant impact on human beings. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more 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. La Quinta General Plan, 2013 — City of La Quinta La Quinta General Plan EIR, 2013 — City of La Quinta 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. 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. 1 . Requirement for site -specific Traffic Impact Study with project specific submittal. 2. Subsequent CEQA review for Air Quality impact assessment as part of any site specific project submittal. y04:9 PLANNING COMMISSION RESOLUTION 2013 - A RESOLUTION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT 2013-126, FROM LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL, FOR A 4.35 ACRE PARCEL CASE: GENERAL PLAN AMENDMENT 2013-126 APPLICANT: HAMMER FAMILY TRUST WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 12t" day of November, 2013, hold a duly noticed public hearing to consider a request to amend the La Quinta General Plan Land Use Map designation, from Low Density Residential to Neighborhood Commercial, for a 4.35 acre property located at the southwest corner of Avenue 58 and Monroe Street, more particularly described as: APN: 764-180-006 WHEREAS, the La Quinta Community Development Department has determined that the proposed and zone change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that an Initial Study was conducted under Environmental Assessment 2013-629, and although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance, and a Mitigated Negative Declaration and Mitigation Monitoring Program will be prepared; and,, WHEREAS, a public hearing notice was published in The Desert Sun newspaper on November 1 st, 2013 as prescribed by the Municipal Code; 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 General Plan Amendment: Finding 1 : Internal General Plan Consistency The amendment is internally consistent with those goals, objectives and policies of the general plan which are not being amended. Planning Commission Resolution 2013 - General Plan Amendment 2013-126 Hammer Family Trust Adopted: November 12, 2013 Page 2 Finding 2: Public Welfare Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare in that the proposed amendment will not result in a substantial change to an 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 beyond what is permitted under the current residential land use. The proposed amendment will not result in any changed conditions on or to any of the affected parcels or their physical environment, and will therefore have no effect on the health, safety, and welfare of the community or the surrounding natural environment. The conversion of 4.35 acres of residentially zoned land to commercial land use will not significantly affect public welfare concerns. Finding 3: General Plan Compatibility The amendment from Low Density Residential to General Commercial is compatible with the designations on adjacent properties, in that the designation of the property as General Commercial will be consistent with existing Riverside County commercial land use designations to the east of the subject property. Further, the designation of the property as Neighborhood Commercial will allow expanded opportunity for the provision of general commercial services to the surrounding residentially designated areas. Finding 4: Property Suitability The amendment from Low Density Residential to General Commercial is suitable and appropriate for the subject property, in that amendment of the subject property will facilitate commercial uses at a planned major intersection, and further the establishment of a concentrated commercial node at that location. Existing IID transmission lines and support poles on the site and in the area, along with current residential zoning restrictions which limit lot size to no less than 20,000 square feet, also reflect the site's suitability toward commercial development. Finding 5: Changes in Circumstance Approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing land use designation was imposed. Changes in the community and local economy have resulted in market conditions that warrant a review of land use patterns. Increased residential development in the vicinity of the subject property has also indicated that there is a need for general commercial services that is not being met. Planning Commission Resolution 2013 - General Plan Amendment 2013-126 Hammer Family Trust Adopted: November 12, 2013 Page 3 NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and correct and constitute the findings of the Planning Commission. SECTION 2. That it does hereby recommend to the City Council approval of General Plan Amendment 2013-126 as illustrated in the attached Exhibit "A", 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 12t" day of November, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: LES JOHNSON, Community Development Director City of La Quinta, California General Plan Amendment 2013-126: Exhibit A Low Density Residential to General Commercial APN: 764-180-006 Planning Commission Resolution 2013- ULK 7�, r MY'71m," IR LU do Hammer Family Trust General Plan Amendment 2013-126 Nt PLANNING COMMISSION RESOLUTION 2013 - A RESOLUTION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 2013-144, AN AMENDMENT TO THE OFFICIAL LA QUINTA ZONING MAP FOR A CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (RL) TO NEIGHBORHOOD COMMERCIAL (NC) FOR A 4.35 ACRE PARCEL CASE: ZONE CHANGE 2013-144 APPLICANT: HAMMER FAMILY TRUST WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 12t" day of November, 2013, hold a duly noticed public hearing to consider a request to consider a change in zoning designation, from Low Density Residential to Neighborhood Commercial, for a 4.35 acre property located at the southwest corner of Avenue 58 and Monroe Street, more particularly described as: APN: 764-180-006 WHEREAS, the La Quinta Community Development Department has determined that the proposed and zone change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that an Initial Study was conducted under Environmental Assessment 2013-629, and although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance, and a Mitigated Negative Declaration and Mitigation Monitoring Program will be prepared; and, WHEREAS, Section 65860(a) of the California Government Code requires that zoning be consistent with the adopted local General Plan; and WHEREAS, a public hearing notice was published in The Desert Sun newspaper on November 1 st, 2013 as prescribed by the Municipal Code; 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: Planning Commission Resolution 2013 - Zone Change 2013-144 Hammer Family Trust Adopted: November 12, 2013 Page 2 Finding 1 : Consistency with General Plan The zone change is consistent with the goals, objectives and policies of the La Quinta General Plan, as the purpose and intent of the zone change is to bring the Official Zoning Map into compliance with the La Quinta General Plan, as proposed for amendment by General Plan Amendment 2013-126. Finding 2: Public Welfare Approval of the zone change will not create conditions materially detrimental to the public health, safety and general welfare in that the proposed change will not result in a substantial change to an 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 beyond what is permitted under the current residential zoning. The proposed zone change will not result in any changed conditions on or to any of the affected parcels or their physical environment, and will therefore have no effect on the health, safety, and welfare of the community or the surrounding natural environment. The conversion of 4.35 acres of residentially zoned land to commercial zoning will not significantly affect public welfare concerns. Finding 3: Land Use Compatibility The zone change is compatible with the zoning on adjacent properties, as the designation of the property as Neighborhood Commercial will have no effect on adjacent existing land uses in that it will be consistent with existing Riverside County commercial land use designations to the east of the subject property. Further, the designation of the property as Neighborhood Commercial will allow expanded opportunity for the provision of general commercial services to the surrounding residentially zoned areas. Finding 4: Property Suitability The zone change is suitable and appropriate for the subject property, in that the rezoning of the subject property to Neighborhood Commercial will facilitate commercial uses at a planned major intersection, and further the establishment of a concentrated commercial node at that location. Existing IID transmission lines and support poles on the site and in the area, along with current residential zoning restrictions which limit lot size to no less than 20,000 square feet, also reflect the site's suitability toward commercial development. Finding 5: Changes in Circumstance Approval of the zone change is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. Changes in the community and local economy have resulted in market Planning Commission Resolution 2013 - Zone Change 2013-144 Hammer Family Trust Adopted: November 12, 2013 Page 3 conditions that indicate a need for general commercial services in the vicinity of the subject property, induced primarily by increased residential development in the surrounding areas. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and correct and constitute the findings of the Planning Commission. SECTION 2. That it does hereby recommend to the City Council approval of Zone Change 2013-144 as illustrated in the attached Exhibit "A", 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 12t" day of November, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: LES JOHNSON, Community Development Director City of La Quinta, California Zone Change 2013-144: Exhibit A Planning Commission APN: 764-180-006 — Hammer family Trust Resolution 2013- r MY'710," IR LU do Low Density Residential to Neighborhood Commercial Zone Change 2013-144 Nt •� THE PALMS ' �• ,' e;.,. i• COUNTRY CLUB Y 1 �•� P6A WEST ; A `■1711 •QUINTA" a• r .. s- 1 / • a ��- � 111 )4 .� s Zt TZIT T ---I CIO uj uj ti C i r• -ANDAL951A r ' i \ W .�. * ~ O0C r F s 1 f-5' ° 41 -. Jam' _ Y '�' • A.�LL� 1• i4 _.. ATTACHMENT # 2 TO: Tim Jonasson, Director of Public Works FROM: Nazir Lalai, City Traffic Engineer I RE: FOCUSED TRAFFIC IMPACT MEMO FOR GPA 2013-126; HAMMER FAMILY TRUST The Hammer Family Trust owns 4.3 5 acres of land located on the southwest comer of the intersection of Monroe Street and Avenue 5 8 as shown in Figure 1. The General Plan Amendment application by the owner -uoposcs rezoning the 4.35 acre parcel from singLe-fami4x residential to commercial. The future uses under the rezoning would include a gas station with six pumps and a 4,000 square foot market as well as 13,500 square feet of buildings housing additional commercial uses. The existing residential zoning would allow the construction of nine single family dwelling units. W111 The ninth edition of the Institute of Transportation Engineers Trip Generation Manual includes rates for single family housing, shopping centers and gas stations. The daily and peak hour trip generation associated with the uses permitted under the existing residential zoning and the proposed commercial uses are summarized in Table 1. LAND USE QUANTITY ITE CODE DAILY AM Peak our PM Peak our IN OUT IN OUT Single Family Residential 9 SFDU 210 86 2 7 6 3 Gas Station and Market Six Pumps � 4,000 SF 944 1014 37 I 36 42 42 Shopping Center 1 13,500 SF 820 _ 576 1 8 5 24 26 Based on count data available from the General Plan Update (2035) Environmental Impact Report Traffic • Analysis for the street system in the area, it was estimated that trips from the proposed uses on the 4.35 acres of i• would be distributed as follows: Road Segment Distribution Monroe Street North of Avenue 58 35% Monroe Street South of Avenue 58 20% Avenue • East of Monroe Street 20% Avenue • West of Monroe Street WOW data and other information from the General Plan Update (2035) Environmental Impact Report Traffic Impact Analysis. The Levels of Service were calculated •; the followinla- M lzmm��� The • Conditions and General Plan Build Out Levels of Service without •• traffic are those documented in the General Plan • (2035) Environmental Impact Report Traffic Impact Analysis. � *yp--kng ]V?y w,&-Qw-eral Pm V-uili *-,ut L9kivk---6f pwjqa-f try project related peak hour and daily traffic shown in Table I to the critical intersections and road segments shown in Tables 3 and 4 using the trip distribution shown in Table 2. N Intersection Existing Existing Opening Future General General Traffic Conditions Day with Traffic Plan Plan Control* (2010) Project Control it Build (2010) LOS** (2015) (2035) Out Out with LOS** Without Project Project (2035) (2035) LOS** LOS** Peak Hour 1. Monroe St. and Ave 54 AWSC B C Signal C D 2. Monroe St. and Ave 58 AWSC A A Signal C D 3. Monroe St. and Ave 60 A A A Signal C D 4. Madison St. and Ave 58 AWSC A A Signal C D AWSC: All Way Stop Control ** LOS: Level of Service INTERSECTION Existing Opening General General Conditions Day with Plan Plan Build (2010) Project it Out Out LOS* (2015) Without With LOS* Project Project (2035) (2035) LOS* LOS* 1. Monroe Street: Ave 52 to Ave 54 A A C C 2. Monroe Street: Ave 54 to Airport Blvd A A D D 3. Avenue 58: Monroe St. to Madison St. A A A A 4. Avenue 58: Monroe St. to Jackson St. A A B B Therezoning of 4.35 acres of land ownedbythe Hammer Family Trust from single family residential ta commercial uses may cause the following changes in area traffic conditions: For Project Opening Day conditions in 2015, critical intersections should continue to operate at LOS, A except for Monroe Street and Avenue 54 where the LOS may change from B to C. For General Plan Build Out conditions in 2035, the LOS at critical intersections will change from C to D. However, they will operate at an acceptable level of service with signalization and with all the improvements identified in the 2035 General Plan Environmental Impact Report. For General Plan Build Out conditions in 2035, the LOS for critical road segments will change from A to B, C or D. However, they will operate at an acceptable level of service with all the improvements identified in the 2035 General Plan Environmental Impact Report. The rezoning of 4.3 5 acres of land owned by the Hammer Family Trust from single family residential to commercial uses will not create any significant impacts to the General Plan Build Out conditions at critical intersections and road segments in the vicinity of the project. The project's fair share for the cost of tke im- ,triverxeits to ciiftic,?l ixtersectioxs iientifiet in tke 2435 Gexeral Plan Envir*:f--%ental liq2-ct Report will have to be addressed in a more detailed traffic impact study to be prepared during the entitlement process. I I i FRS pit t — � 1 I el -11 y T I tilt 3 AVIINLI0 811 a f ! 9 cF MEMORANDUM OF T11 TO: Honorable Chairperson and Members of the Planning Commission FROM: Les Johnson, Community Development Director DATE: November 12, 2019 SUBJECT: General Plan Amendment 20113-1126, Zone Change 2013-144 Hammer Family Trust Patached as part of this memorandum, please find email correspondence received regarding the subject general plan amendment and zone change applications. The emails; were received by the Community Development Department after t staff report was completed and packets delivered to the Planning Commission. I ■ Radeva I From: Donald Imoto <donmarimoto@hot mail.com> Sent: Tuesday, November 12, 2013 3:35 PM To: Planning WebMail Subject: General Plan Amendment 2013-126, Zone Change 2013-144 My name is Donald Imoto and I live full time in the Piazza Serena gated community north of the proposed 4. acre Hammer Trust change from residential to commercial zoning at the corner of Ave. 58 and Monroe St. I have some questions as to why this piece of land is 1. Zoned for each unit at 20000 sq. ft instead of up to 4 units/acre. 2. Calle Conchita accesses Madison St. when Madison is 1 mile due west of 58 and Monroe (page 24 of Planning Commission Staff Report). 3. Ave 58 and Madison is already zoned for commercial use. It would be better to build gas station on Ave 8 and Monroe. Also isn't there plans for a large park in this area w,W,-ere it would make better sense for a convenience store. I I am against any zone changes from residential to commercial zoning. We have gone thru the bad economic times, and now things are starting to turn around • the best. Housing prices are finally increasing and construction of homes is on the rise. Piazza Serena needs to finish construction of app. 57 homes for final completion. The construction of a gas station and other commercial buildings will be a detriment to Piazza Serena and will result in increased traffic and reduced property values Please keep the zoning as residential. It is hard to believe you would consider a zone change for just 4,35.acres. Please keep residential as residential. ThankYou Donald Innoto 81-795 Fiori Del Deserto Dr. La Quinta Ca. 92253 7605676299 PUkNNING I Q, 0 ma, 81570 Carboneras La Quinta, CA 92253 November 12, 2013 CITY OF LA QUINIA PLANNING DEPARTMENT City of La Quinta LY Co'UHIISSICIT RE: Environmental Assessment 2013-629; General Plan Amendment 2013-126; Zone Change 2013-144 011 i 11 111 le :1� 1 1 1 �� Ilrommmm community located adjacent to the subject property. We have reviewed the applications listed above and are in agreement with these applications. Respectfully, K/um o—� Marc McAlpine John & Kathryn Parrish 81-949 Il Serenata Drive La Quinta, CA 92253 714-374-7886 Wallace Nesbit, Principal Planner e*,rt-nTrvn1t,y Ikevit4A,-mrent FeA,-a-rb-rreTTt City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 xxvuv mom a L, I F lh. OWN Nov li 2:12.0.0 After speaking with you this morning, I felt it necessary to compose a letter to the Planning Commissioner's. We split our time between our homes in La Quinta and Huntington Beach, and currently we are in Huntington Beach and our schedules will n 21low us to attend tonight's Planning Commission Public Hearing. As the owner of the closest private residence to the parcel requesting the zoning change from "low density residential" l commercial" , I would like to voice our concerns. We know the City of La Quinta is cash strapped, like all Cities, Counties and States, an is therefore always looking for new sources of revenue, and no doubt this zoning chang provides a new source of income, but the location of this zoning change seems inappropriate, given the surrounding parcels are all zoned residential, and we would hope to keep them zoned as such. We bought our home nearly eight years ago, and one of the reasons we chose this location was its remoteness from commercial services! We don't mind the 6-8 mile drive for shopping, whether it be for groceries, gas or general shopping. The remoteness makes it both quiet and removed from the noise created by commercial buildings and businesses. It also makes our neighborhoods dark, because we do not have the high intensity, overhead lights that come with commercial developments. This proposed strip mall will bring to our neighborhood, and to my backyard, all of the previously listed items that we wanted to move away from. My wife and I, along with our neighbors, will no longer enjoy the quiet surrounding we have now, and this is a major concern for all of us. With commercial development comes crime. I have already had taggers climb my wall and spray paint my windows and patio, and statistics show that we can expect much more of the same, once commercial buildings are built in our neighborhood. The City of La Quinta has a responsibility to safeguard the property, and property values, of the current citizens of La Quinta, and building commercial properties in the. center of residential neighborhoods is NOT a way to achieve this goal. There are approximately 5 more parcels on the south side of 5 8th Ave, going west from the subject parcel, with 4 different owners, and common logic would indicate that once the subject parcel is rezoned "general commercial" the other property owners will certainly request the same zoning change. The value of these other 5 parcels will certainly have no value for a builder of residential homes, so these owners will have a choice of keeping the land vacant or possibly farming of some sort, but the most value for their land will be "general commercial" ' and if the subject parcel is granted a zoning change, the City of La Quinta will be hard pressed not to grant the same status to these other 5 parcels. Again, as the owners of a home that is the closest neighbor to the subject property, can only imagine the traffic, noise, crime and non-stop high -intensity lighting this project will bring to our backyard! The quiet enjoyment we now have in our home wil turn in to a living hell. I The Planning Commissioners know this is not the best site for a strip mall/gas station/convenience store, as there are plenty of vacant sites not surrounded by homes! The reason this parcel is being considered is because the owners are asking for the rezoning, the City is not forcing the rezoning on the owners. If the rezoning change request is granted by the Planning Commissioners and subsequently by the City Council members, you ARE forcing the existing neighbors to live in an environment we did not choose or an environment we do not want! Please consider all of your options, and what is best for all of the neighbors in the area and not just the owners of this parcel. Thank you for the time you give to the citizens of La Quinta as a Planning Commissioner, and I know you are constantly faced with making both hard and challenging decisions, but please make this decision giving a strong leaning towards of the desires of the hundreds of home owners living in the existing homes in the neighborhood. Tol, 'ZI 4L" FICIRI OEL OESERTO . . . . . . . . . . . . . . �kr --44a 0 S a. AI i ir SERENATADR AW, --- Ci, W THAVEI- -Y 'IS X. All, V., I z z 7.' %NW ilk I A, .40. 7 Riverside County TLMA G1 S *IMPORTANT' Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the Information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the use;. REPORT PRINTED ON-Tue Noy 12 16:48;44 2013 Version 131001 From: Justin Bert <bert@capstoneadvisors,com> ® Tuesday, November 12, 2013 2:07 PM ® Wally Nesbit Subject: Planning Commission Attachments: CADO La Quinta Oppostion Letter - GPA 2013-126 - ZC 2013-144.pdf Please include the attached letter in opposition to the proposed GPA 2013-126 and Zone Change 2013-144 in the Planning Commission package. UE= CAPSTONE ADVISORS Capstone Advisors 1545 Faraday Avenue Carlsbad, California 92008 T (760) 804 6900 x1 12 F (760) 804 6901 tgdg—cagstoneadvisors,com I RRow.caostoneadvisors.com HGIFM` 13-1110 1311 a res CARO LA QUINTA LLC 1545 FARADAY AVENUE CAR.LSBAD, CALIFORNIA 92008 T 760.804.6900 F 760.804.6901 November 12, 2013 Mr. Wallace Nesbit Principal Planner City of La Quinta 78-495 Calls Tampico La Quinta, CA 92247 RE: General Plan Amendment 2013-126 Zone Change 2013-144 Dear Mr. Nesbit, RECEIVED CITY OF LA QUINTA PLANNING DEPARTMENT This letter is to address the above referenced General Plan, Amendment and Zone Change related to the property at the Southeast comer of Monroe Street and Avenue 58 ("Subject Property") in the City of La Quinta ("City"), CADO La Quinta L1,C ("CADO") owns the 60 remaining undeveloped lots within the 97-home community of Piazza Serena which is located directly to the north of the Subject Property (across Avenue 58). We are writing this letter to demonstrate our opposition to the proposed zone change. CADO believes that the City has not adequately met several of the required findings to approve a General Plan Amendment and Zone Change, General Plan Amendment and ZoneChat��e Re aired findings (1) City Council must find that the new zoning designation under a General Plan Amendment and Zone Change is compatible with the zoning designations on adjacent properties. The Subject Property is surrounded on three sides by low density residential land (including the existing Piazza Serena development) which creates an inherent conflict between the two land uses. The noise, traffic, lighting and other environmental impacts of a commercial development are in direct conflict with the "quief' nature of low density residential housing. This land use conflict will affect existing residents in Piazza Serena and will significantly diminish the desirability for new home builders to complete the Piazza Serena community and to plan and entitle new residential developments on the additional 35 acres of land directly adjacent to and surrounding the Subject Property. The existing commercially zoned land on the east side of Monroe, which is referenced in the staff report as support for the new commercial designation being consistent with adjacent land uses, is buffered by a 4-lane divided road and will not have an entrance directly in front of the only entrance to the Piazza Serena community on Avenue 58 or any other to be constructed residential projects on the land surrounding the Subject Property, This buffering significantly minimizes the impact of this commercial land on the low density housing on the west side of Avenue 58, The new zoning is not compatible with adjacent land uses, (2) City Council must also find that a Change in Circumstances in the general conditions of the property has occurred since the existing designation was imposed, The City just recently went through an extensive process to update the General Plan and there was no determination made that the Subject Property needed to be changed to commercial zoning due to a change in circumstances. There simply have been no changes to the situation or general conditions of the property which would warrant a change of zone from low density residential to commercial. There are numerous other commercially zoned parcels including those at the intersections of Madison and Avenue 58 that are zoned for commercial development yet have remained vacant and undeveloped for years. In fact, the Staff Report identities 70 acres of predominantly vacant commercial land within one mile of the Subject Property. There is not a need for more comi-nercial land but there is a need for more residential development in southern La Quints, to create sufficient demand for the existing commercially zoned land, Removing residentially zoned land in favor of more unusable commercial land is counter -productive and does not meet the needs of the current market or community, Based upon the City's inability to support the required findings necessary for a General Plan Amendment or Zone Change pursuant to the La Quinta Municipal Code, we ask that the Planning Commission deny the requested General Plan Amendment and Zone Change. Sit lerely, JLI-sr�,n Bert Senior Vice President Cc: Planning Commission — City of La Quinta RECEIVED To: City of La Quints, November 11, 2013 Planning Commission NGV 12 2013 C-ITY OF LA QUINTA Re: General Plan Amendment 201 tIWMANACER'S OFFICE OD Zone Change 2013-144 ��Wv, I live in the community of Piazza Serena, which is located directly across from the property on the south west corner of 58th and Monroe. As President of the Board of Directors these are some of the concerns of the entire community. We are NOT FOR this zone change. Our community consist of Old Town business owners, working families, retirees and snow birds. Over the last several years we have had many foreclosures and are our community is just beginning to recover. We have lost a great amount of equity and it is extremely difficult to refinance. For example, I have tried on three occasions to refinance my home, most recently in July with the VA. The appraisal was not high enough to get a 90% loan. The results placed me well over $100,000 under water. Any commercial project would damage any opportunity to recover equity. Please consider the following: already have a convenience store near our community on Monroe. 2. We have 60 unimproved lots that the community would like a builder to complete. However, it would be difficult to build comparable houses and charge an appropriate price with a commercial zone across the street. 3. Our community is quiet and serene and any commercial project would destroy that. believe rezoning would invite crime to our community. 5. We do not have a need and there is inadequate population in the area to support a commercial zone of that nature. 6. No one who's house borders 58th street got a notice of this hearing. We feel that someone tried to push this through before we could voice our objection and without our knowledge. We object to this project and request that you vote NO. Charles V1 Clendening- 81-790 Fiori Del Deserto La Quinta, CA 92253 chas.cw@att.net (76Q) 716-7722 Wanda Wise-Lafta From: Darla Crouse <darlacrousel@gmail.com> Sent: Tuesday, November 12, 2013 2:15 PM To: Wanda Wise -Latta Subject: Planning Commission Notice of Public Hearing November 12, 2013 Zoning Change Attachments: Letter to the City of La Quinta in regard to Zone Change.doc Wanda, Per our conversation this morning please find my letter in the attachment and distribute accordingly. Thank you Darla C. Crouse November 12, 2013 RECEIVED NOV ! ), 2013 CITY OF LA OUINTA Don Adolph, Mayor CITY MANAGER'S OFFICE Kristy Franklin, Mayor Pro Temporare Terry B. Henderson, Council Member Linda Evans, Council Member Lee M. Osborne, Council Member Frank J. Spevacels, City Manager Wallace Nesbit, Principal Planner, Planning Commission Planning Commission Members Ref: General Plan Amendment 2013-126 Zone Change 2013-144 Location: Property located at the southwest comer of Avenue 58 and Monroe Street 11MURRINEM U1. T Wai4) (2,AA CD MOL, I live in the co unity of Piazza Serena in La Quinta, which is located on the northwest comer of Avenue 58 and Monroe, When my husband and I decided to retire and move to La Quinta we searched for a home in a quiet part of the community. We purchased our home in January, 2009 and the location where we live is away from the traffic and very peaceful for a sound quality of life. We purposely purchased our home in a residential area away from commercial buildings and busy highways as we did not want to live close to gas stations, grocery stores, restaurants or noisy streets. On November) , 2013, 1 received a Notice of Public Hearing from the City of La Quinta, Planning Commission, This notice states that the Hammer Family Trust is requesting to change the zoning of the property'at the southwest corner of Avenue 58 and Monroe Street from low density residential to generall4eighborhood commercial. The Hammer Family is planning to put in a gas station with six pumps, a 4,000 square foot market as well as 13,500 square feet of buildings housing additional commercial uses such as restaurants. If this zone change is approved and the property becomes general/neighborhood commercial, it will negatively impact our lives and our property. I don't think any of you would want a development like this across the street from your homes, In our community it will increase noise, traffic, crime, affect our property values and possibly affect our health. Please do not change the zoning of the property located at the southwest corner of Avenue 58 and Monroe Street from low density residential to general/neighborhood commercial, and leave it as intended for the construction of nine single family dwelling units. It was my understanding that the City of La Quinta has always intended to keep the commercial property as close to Highway I I I as possible and keep the south area of La Quinta as residential. I ask that you please honor this commitment and continue to keep "La Quinta Gem of the Desert" a beautiful, wonderful place for all of us to live. 101=!I� Darla C. Crouse 57890 Residenza Court La Quinta, CA 92253 760-289-7807/darlacrousel@gmail,com ot.. wupy/- Wanda Wise -Latta CM From: David Crouse Wavidcrouse2@g mail. com> -PWAyl Sent: Tuesday, November 12, 2013 11:34 AM To: Wally Nesbit; Wanda Wise -Latta Subject. Re -zoning Which Will Affect Piazza Serena To: City Of La Quinta RE: General Plan Amendment 2013-126 0 As a native Californian I was bom and raised in San Gabriel Valley, served in the military, got married, started a family then moved to Orange County. We raised two children then retired and decided to relocate for a better quality of life. After much research we chose the wonderful city of La. Quinta. It truly is the "Gem Of The Desert". With the help of a realtor we discovered Piazza Serena which is a quiet community located between PGA West, Andalusia, and Capistrano. For the past five years we have loved living here however last week we were informed the owner of the property located at the southwest comer of 58th and Monroe is trying to re -zone it from to density residential to commercial to accommodate a gas station and some retail businesses. When we moved to La Quints, and decided to live in Piazza Serena it was due to the way it was! is did not include a busy commercial development across the street. If approved we will have to contend with the following: High intensity lighting which will be on all night, every night! Ily values, it will even go against our city's Mission Statement: To Promote and enhance business growth, civic well being and a sound quality of life. I do not believe living next to a gas station and commercial business is what I would call "a sound quality of life". David V. Crouse La. Quinta, CA 92253 760-289-7807 Wa Y Nesbit From: dave <dave@stilimaker,com> Sent: Monday, November 11, 2013 7:45 PM To: Wally Nesbit Subject: General Plan Amendment 2013-126, Zone Change 2013-144 Attachments: Proposed Zoning Change,docx wnesbitP la-q u i nta.o riz Principle Planner id Subject: Notice of Public Hearing General Plan Amendment 2013-1-24 ORIBM I am writing to formally submit my objection to the above referenced General Plan Amendment and proposed Zoning Change. I submit that if this re -zoning is authorized it will have a significant negative impact to the quality of life of the people living in the Piazza Serena community and associated real estate values. I am a homeowner within the Piazza Serena housing development. I was never formally notified of this proposed change and I will not be able to adjust my existing commitments, on such short notice, to attend the meeting in person. I was notified by e-mail yesterday (Sunday November 10th, 2013) by another concerned neighbor and submit my forma'. 2ppeal for the rejection of this proposed zoning change. Allowing a gas station and convenience store to be located at the proposed site would naturally increase traffic volume. of the residents within the Piazza Serena community. The proposed zoning change would also have a negative impact on the value of real estate in this community. The construction and development of homes in Piazza Serena was halted several years ago when the real estate values declined, leaving a housing development only partially complete, I am not a real estate developer, but I do understand business principles. Housing development will only begin again when the return -on -investment for buildho ingmes in Piazza Serena is great enough to attract the necessary capital investment. Constructing a gas station and convenience store adjacent to Piazza Serena's only entrance would negatively impact property values. I personally would not have considered purchasing a home next to a busy intersection. I believe that the increase in traffic, adjacent to the Piazza Serena entrance, would be a negative consideration other potential buyers. I submit that maintaining the existing zoning code would be advantageous to the current and future residents of the Piazza Serena community, and the City of La Quinta as a whole. zmr=i `r David L. Stillmaker mmWomm9ml Wally Nesbit From: Sam Perlow <samperlowl@yahoo.com> Sent: Monday, November 11, 2013 12:39 PM To: Wally Nesbit Subject: General Plan Amendment 2013-126 and zone change 2013-144 I am unable to attend this hearing as I will be out of town. I did not receive any notice of this event prior to yesterday November 9, 2013. when I received an email from a neighbor. Needless to say I am quite upset about the lack of notice and sufficient time to rearrange my schedule to attend and state my opinion. I am a full time resident of La Quinta and I am mystified that this application and scheduled hearing has progressed to this point without any notice to a property owner residing within 100 feet to the subject property seeking these dramatic and overwhelming negative changes to a residential area. I do not have any other contact information to direct this Email other than yours. Please on my behalf distribute this email to the City Manager Secretary and thg City Council and the Planning Commission Members so that my opon can become part of the record in the hearing. • ■ Ort I I I I I I Ito W91*1 I I 18-916-14 Is] t RE: General Plan Amendment 2013-126 Zone Change 2013-144 1. 1 Never received formal or informal notice of the hearing prior to Saturday, November 9, 2013 from a neighbor and, therefore, cannot be in attendance to state my position against the General Plan Amendment and zone change. 111041 WIT 0 its ingress and egress close to or in front of our only entrance would damage the serenity of our community and have a severe negative impact on our current fragile property values. Two thirds of our community is undeveloped and these remag lots would have minimum appeal for developers to buy and build out if these changes are approved. Moreover, it would disrupt the ongoing recovery in our property values and essentially turn Piazza Serena into a GHOST TOWN. Would you want constant traffic in front of your community entrance coupled with the possibility of crimes and property invasion. The negative economic impact to our immediate community would be substantially greater than any possible benefit this project could offer. The safety 2nd serenity of our community will be violated; unnecessary and unwarranted traffic will become unbearable and a community wn the "Gem Of The Desert" will lose its brilliant luster for no jusable reason. 3. From the standpoint of necessity for a commercial venture of this nature at the present time, I am hard pressed to find any need from our immediate area and from the area east of the subject site. It is virtually undeveloped as far east as the Thermal Airport and as well to a large area South. Two commercial sites at the intersection of Ave 58 and Madison on the southwest and southeast corners have been advertised as commercial sites and shopping centers and convenience stores since 2007. Those sites when developed would not have any adverse impact to nearby residences as they would not be directly facing any communs main entrance.. To the north of the subject property, on Monroe is a conveniences store that is easily accessible and fulfills any immediate needs for the current local residents. This proposed project would negatively impact our current convenience store that has been serving this community well for many years. 4. 1 am not opposed to progress and adding services to a community, in a proper location when the need arises and the benefit is real. However, this request will destroy the continuity of a residential area still suffering from the decline in their property values andthe home owners loss in their equity as evidenced by the County Assessor Office, is unwarranted at this time and place. I find this request from the applicant unconscionable. With all due respect I ask The Planning Commission to deny the request for the item indicated above. Samuel G. Perlow 81-830 Fiori Del Deserto Dr. La Quinta, Ca 92253 .100 61 (949) 338-5711