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PP 1989-417
%-L' CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPARTMENT 78 -105 CALLE ESTADO LA QUINTA, CALIFORNIA 92253 -f I l "1A . $3s RESIDENTIAL and Case No.' PP 11 -1r Date Received: COMMERCIAL FEE :.lo i . To}41 PLAN APPLICATION - In order to process your application in a timely manner, please complete and sign this form. The information which is required to be shown on the plans and submitted with the application is stated on the back of this form. Failure to provide the required information is justification for rejection of the application. THIS APP_,1C �QDj- JST BE ACCOMPANIED BY A NON- REFUNDABLE FILING FEE OF $ ''ttss� OAND COPIES OF THE COMPLETE AND ACCURATE PLOT PLAN, LANDSCAPE PLAN AND ELEVATIONS. ------------ -- --- - - - - -- -ses u ---- ------------------------ Ra ----- a r s Name of Applicant T 3, Phone(G j% 942, 1 42 Mailing Address 2S20 50- 14Wt 101 cAM2VIFF . C44 92007 Street City Zip Code Legal Owner e60,'f5WcPW -C-- 1NG. -r tu75; ' f: t-ay= - 1ti4 NItN r- Address 71084 7A W14 " 4 S K L./ +-K=— , Wt4wt -ic + 4 -o ML W4 s�ee' , CA °..12270 Proposed Use r4fENT"AUt7C+4-JT P. P�a��^ss�o•�,r�L The net and gross square footage for each proposed use and building. >z9E%-tzujgtr spoo P' 1Q025o rors <P -�. PQorcG— L a kj 00L 10, 00�0 A' The square footage allocated for sidewalks /walkways, parking, landscaping, and building. 74 b o0 ' g s n a- i 09 1. 00 I4 Location.of Property (Address if known) C0%?-" -M G¢- I-iW Z t l E GvtaSi.t /wc3Ti�N "XT' Assessor's Parcel Number 0013 . -7'70 - 022. • O Legal Description of Property (give exact legal description as recorded in the office of the County Recorder) -- (may be attached)_- S��J✓ ATTl�c j�� T1'1Zts TZAEVN n7r Signature of Applicant a,,A; Date Signature of Owner Date �- l .� ,.. .� P: �fi{> yi. �� .,-... CITY OF LA QUINTA 6' 005182 10 4038 08-21.2-91 MISC. i 001340003400 10 CASH i TOTAL i i.AMOUNT TENDERED CHANGE THANK YOU 1. 2 .J 170.00 0- -2 Case Number s /G,J `7/: 15 Date Received X 76 14' PLANNING & DEVELOPMENT DEPARTMENT SIGN PERMIT APPLICATI cUd� 170.00 170.00 .00 4TS fall be submitted by the Applicant to the Planning & U at the time of permit application unless otherwise ng Director: Completed sign application obtained from the City. Appropriate sign plans with number of copies and exhibits as required in the application. Appropriate fees as established by Council resolution. 4. Letter of .consent or authorization from property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected. B. Plans Required - Information required - the following information must ?:)e shown on the sign plan: 1. Sign elevation drawing indicating overall and letter /figure /design dimensions, colors, materials, proposed copy and illumination method. 2. Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color; material, copy and method of illumination indicated for each. 3. Building elevations with signs depicted (for non - freestanding signs). Applicant Lfi QU /kp9- e6qL_ 65r? -7� �ar X725 ij� Mailing Address 2Z5 ZA- 57- #30 a �►N� n, �f 6Pr Phone: Name of Business b-r- C�W&7;4 Type of Business R�I_Auelwr Phone: Address of Business 7B Yj6o,4y If J 11-- ,%r•, n /i,n - 1 -- s l i Case No. CITY OF LA QUINTA Date Received PLANNING b DEVELOPMENT DEPARTMENT 78 -105 CALLE ESTADO LA QUINTA, CALIFORNIA 92253 ENVIRONMENTAL INFORMATION FORK -(,� l n� �S !� • -� Please complete Parts I and II of this form and provide ALL of the additional materials requested in Part III. Failure to do so may delay the review and process of your project. If you are unable to provide the information, or you need assistance, please feel free to contact the Environmental Quality Section of the Planning Department at (619) 564 -2246. PART I. General Information 1. What is the total acreage involved? 2 2. Is there a previous application filed for the same site? YES NO ✓ If 'Yes', provide Case Number. Also provide the Environmental Assessment Number, if known, and Environmental Impact Report Number, if applicable. Case No. (Parcel Map, Zone Change, Etc.) EA No. (if known) EIR No. (if applicable) PART II. Existing Conditions 1. Project site area: 1Z_ Ch c-ZE cot ` -J, 000 P Size of property in Sq.Ft. and acreage 2. Existing use of the project site: 3. Existing use on adjacent properties: (Example: North, Shopping Center; South, Single Family Dwellings; East, Vacant, etc.) N W P-1 —0=1 CO K41 -M.01, CW- �,►.n��"L V ACM.?'S "k LL s uw� i G1 4. Site topography (describe): (If any portion of the site exceeds 5% slope, attach a topographic display of the proposal site; if less than 5% slope, please provide elevations at corners of site) 75°f o 1—=Ss —rev 547 - 5. Grading (Estimate number of cubic yards of dirt being moved): 14, o uc C U Val t 6. Are there any natural or man -made drainage channel areas through or adjacent to the property? No Yes ✓ (If yes, submit a display of such drainage channel areas.) Describe the disposition of these channels /areas should the proposal be implemented. "5L-0 =1i_ 9_6 P A• JT 7. Are titre any known archaeological finds near or on the proposed site? No ✓ Yee 8. Describe any cultural or scenic aspects of the project site: X11 SU4L cV•T^1 9. Describe existing site vegetation and their proposed disposition should the proposal be approved: l- C1r*�►oSGc+�p� •Q� Fb-r%, s T-0 S 1T 0 J , (If any significant plant materials, e.g., mature trees, exist on the site, please prepare a site plan that illustrates their number, type, size and location.) I 1 ENVIRONMENTAL INFORMATION FORM, City of La Quints, 10. Describe accessibility of proposal site to the following utilities; gas, water and electricity. (If proposal site does not have immediate access, further describe necessary extension of services and provide a graphic display, 4" x 11" that indicates their present location in reference to the subject site): 11. Additional comments you may wish to supply regarding your project. (Attach an additional sheet if necessary) PART III. Additional Materials The following items must be submitted with this form: 1. At least three (3) panoramic photographs (color prints) of the project site, or an aerial photo of the site. 2. A clear photocopy (Xerox or similar copy) of the appropriate portion of the U.S. Geological Survey quadrangle map, delineating the boundaries of the project site. Also, note the title of the map. I certify that I have investigated the questions in Parts I and II and the answers are true and correct to the best of my knowledge. Name and Title of Person Completing Form Sign ure of Applicefit t I Members The California Land Title Association American Land Title Association YOUR COPY TO RETAIN STEWART TITLE CO. of Riverside County PRELIMINARY REPORT 7344 Magnolia Ave. 92.504 P.O. Box 1506 Riverside, CA 92502 (714) 687 -8400 Toll Free 1 (800) 874 -4877 FAX #714- 785 -5714 Issued for the sole use oft Order Not 84965 -P Stewart Title 74 -075 E1 Paseo, Ste. A -12 Reference: 208743 Palm Desert, CA 92261 Date: May 9, 1989 ATTN: Betty In response to the above referenced application for a policy of title insuranae, STEWART TITLE GUARANTY COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss Which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office. which issued the report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy ( x ) 2. American Land Title Association Owner's Policy Form B ( } 3. American Land Title Association Residential Title Insurance Policy( ) 4. American Land Title Association Loan Policy 0 Dated as of May 4, 19+39 at 7:3U a.m. ,Jerry Parks of YOUR COPY TO RETAIN CLTA PRELIMINARY REPORT SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE Title to said estate or interest at.the date hereof is vested in: MICHAEL J. SHOVLIN AND CLAUDIA F. SHOVLIN, Trustees of The Bay Shore Inc., Pension Trust dated December 1, 1979 as to an undivided J interest, and LORD FLETCHER INN, INC., a California corporation as to an undivided } interest' The land referred to in this Report is situated in the State of California, County of Riverside, and is described as follows: (See Attached) SCHEDULE A CONTINUED That portion of the Southwest quarter of Section 19, Township 5 South, Range 7 East, San Bernardino Rase and Meridian, as shown by the United States Government Survey, approved July 15, 1856, described as follows: BEGINNING at a point on the West line of said section, 1230.83 feet North of the Southwest corner; THENCE Easterly along the are of a curve, concave to the left, whose tangent bears South 75 *38141" East, having a radius of 4,000 feet, through a central angle of 15 °25'53" a distance of 1077.31 feet to a point of tangent; THENCE North 88.55'26" East 121.72 feet] THENCE South 26'11'00" West 181.53 feet to the Northwest corner of the Deep Canyon Storm Water Channel Right of Way; THENCE South 82 °38'20" East along the North right of way line of said channel, 2",12 feet to the TRUE POINT OF BEGINNING; THENCE South 26'11100" West 200 feet to a point on the forth line of the State Highway, as conveyed to the State of California, recorded May 1, 1937 in Book 323 page 113 of Official Records of Riverside County, California; THENCE South` 82'36'09" East (recorded as South 82'30' East), 270.20 feet; THENCE North 50 032153" East 101.88 feet; THENCE South 82 °36'37" East 50 feet; THENCE South 42 °05'01" East 100.63 feet; THENCE South 64 °47'34" East 46.31 feet to said Northerly line of said State Highway, being a point on a curve, to the right, with a radius of 2550 feet; THENCE along said curve, to a point that is 700 feet, measured on said curve, from the Test line of Washington Street, as described in deed to the County of Riverside, recorded March 16, 1948 in Book 899 page 200 of Official Records of Riverside County, California; THENCE North 00 °19'30" West to the Southerly line of the easement conveyed to the Coachella Valley County Water District, recorded December 31, 1963 in Boob 3571 page 67 of Official Records of Riverside County, California; THENCE Westerly along the arc of a curve, concave to the left, having a radius of 2,000 feet to the end thereof, and being a central angle of South U1 *04'34" East; THENCE South 88 °55126" West 261.56 feet to the beginning of a tangent curve, concave to the left, having a radius of 300 feet, having a central angle of 62 °44'26 "; TRENCH along the arc of said curve, 328.51 feet to the end of said curve; THENCE South'26'11'00" West 42.22 feet to the TRUE POINT OF BEGINNING; - continued- SCHEDULE A. CONTINUED EXCEPTING therefrom any portion of said land which was conveyed to the State of California, by deed recorded October 9, 1967 as Instrument No. 88599 of Official Records of Riverside County, California; EXCEPTING and reserving unto grantors, their administrators and /or assigns, all oil, gas, and other hydrocarbon substances, in, under and /or that may be produced from a depth below 500 feet from the surface, of said land, excluding, however, any use of or right or to any portion of the surface of said land, to a depth of 500 feet below surface thereof, as set forth in deed from Charles Marcus Liddell, recorded February 23, 1979 as Instrument No. 36562 of Official Records of Riverside County, California. SCHEDUU 8 At the date hereof Exceptions to coverage in addition to the printed exception* and exclusions contained in said policy form would be as follows; A. General and special taxes for the fiscal year 1989 -1990, a lien, not yet due or payable. B. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for fiscal year 1988 -1989: Total Amount: First Installment; Second Installment: Code and Parcel No: Exemption $4,333.72 $2,166.86 PAID $2,166.86 PAID 020- 003/613- 770 -022 -0 NONE C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 1. Rights of the public in and to any portion of said land, lying within any lawful established streets, roads or highways. 2. An easement for highway slopes, and incidental purposes, as granted to the State of California, by instrument recorded October 9, 1967 as Instrument No. 88599 of Official Records of Riverside County, California. 3. A waiver in favor of the State of California of any claim for damages to said land by reason of the location, construction, landscaping or maintenance of a highway contiguous thereto, as contained in an instrument recorded October 9, 1967 as Instrument No. $8599 of Official Records of Riverside County, California. 4. He shall require the Declaration of Trust referred to in the Vesting herein be submitted for our examination. INFORIfATION NOTES. 1. Basic Rate 2. Copies of exception$ included as requested 613-77 r.R.A. 075 -004 - 075.012 FOR. S //2 r SEC /9 ) 5S. r R.7E. rN /s •WJP /S FOR 016 -002 455ESS.wcNr PURPOSES ONLY - 020-002 020 -003 020 -010 4/ - THIS Mar Is PU4;.N:,,.r, AT A YA, rrt ?r n. - ^- a.y�arynN 9NLr AND IVS,IIL'�ry�E Of STE.innr T:Il1 GVnif,,l.j! .;;•;. ?A'il afll NLl- •y 1.1_L C. V. C. W. D. STORM 4A OUINrA • A @ rR4.07.5-011 (� r1e4 010 003 6 /2 .lac O 551 r \ /• ..Q ,+V z 845 AC.c D o e3 I 4• r .vJa )t:3E Ir,/.��� � a6 � y �0 OI ,.,� ,LA— �9l °36• 9 „� 2�o.2a I”' \� ?f OQ�� �'�,? -� 'Y K'ELLS arr R�kI rA4. Q 4/ 4? 16 .. \O [AQ o O IeQ I © w Ora.e wi •+ � w tlp4'rr °r � � ~ .+ 'v �.``- �` 9 / $° °� , Po, 4 s0 1i \ OTC rm,Y, i 9 0 165 Ac No a' I . «� r p /3 i o)r ••. +r r 4 r.t7 d p' oJa.e.w p8 �¢ 7 40 O . p OZ too .c An - / 1B 2.15 ± AC. b SAP 1r~ • /7 ,,: 0.444C.NL ;'yj m •rsA. � IL 40s.c, ..� s:!' •t' !'i o pi.:',, ° � ? 2e.5S ; '�\ � s '— o 1�AZ r rr• /c, TRd 020 -0 10 ,:iOT7Pa- 3 i k ~ •♦ '♦ A..w• 90, s rsc er — a rt r7.a• G--1 7 ~� // ♦ / r�.et) cr/ir ♦ cr 2se za .veYra'ls" . I v.c4rcc lomo s/ _�_ p ,;.. �.,� s -• 46 Pi .ev•�.- 5 E .o �4iz— • a 0061 JC I T. R A. 020 -OOi P;,c PorJ 19 ,+,r'ri . , r i 1 YAC. O -A. 1500 /6s 0a_- PC. 11177/ N /fir /J1 paw 1 SM COA SF /H, SQO. 19 oAr£ a Mo. �-no. O I -.t .,, -6,,o , -r 617 1tdZ ))o -t.4 03 t -6 im.5 017A: K 70-6 -7 IM. 0519r Js 18/3, "t i6 1" PM. /24/47 -49 Pe,ce:' Mr,,- /90,. °. sts /65 J /6r It n , n n /s4 7 rl .rn• 1 rr r rz ASSESSORS MAPBA. 613 PG. 77 rn7 0 rr RIVERSIDE COUNTY CALIF MAR. 1983 WL . CLTA Preliminary Report Form CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1988 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land: (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation effecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner or indebtedness, to comply with the applicable doing business laws, of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (List of Printed Exceptions and Exclusions Continued on Next Page) STEWART TITLE GUARANTYCOMPANY CLTA Preliminary Report Form 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6 -1 -87) . EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 21 -87) WITH ALTA ENDORSEMENT— FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10- 21 -87) WITH ALTA ENDORSEMENT- FORM 1 COVERAGE EXCLUSIONS AND COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regu- lations) restricting, regulating, prohibiting or relating to (i► the occupancy, use, or enjoyment of the land; (ii) the character, di- mensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. (List of Printed Exceptions and Exclusions Continued on Next Page) STEAVART TITLE, GUARANTY COMPANY CLTA Preliminary Report Form 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) at or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage, over any statutory lien for services, labor or material or to the extent insurance is afforded herein the as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of. the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien-for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against.loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess- ments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspec- tion of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10- 21 -87) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10- 21 -87) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the char- acter, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protec- tion, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affect- ing the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been re- corded in the public records at Date of Policy. (List of Printed Exceptions and Exclusions Continued on Next Page) STEWA KT TI TI .I GUARANTY COMPANY CLTA Preliminary Report Form 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above, Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: t. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess - meets on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspec- tion of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatentvd mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 5TENVAKT TI71,I: GUARANTY COMPANY DETACH AND RETAIN THIS STATEMENT T S ENTERPRISES, INC. THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. DELUXE FORM WVC -3 V -2 DATE DESCRIPTION 03/21/90 11 V -2 Fees for amendment to Plot Plan No. 89 -417 t AMOUNT $380.00 !L Nd ri PROPONENT: _r 0 I EA No. 89 -129 CASE No. PP 89 -417 NEGATIVE DECLARATION DESCRIPTION OF PROPOSAL: LOCATION OF PROPOSAL: SECTION /TOWNSHIP /RANGE: ASSESSOR'S PARCEL NUMBER: THRESHOLD DETERMINATION: MITIGATION MEASURES: LEAD AGENCY: DATE OF ISSUEr A Environmental Review Officer TS Restaurants Commercial complex consisting of a 10,250 square foot restaurant and a 10,000 square foot office. North side of Highway 111, approx. "l 200 feet west of as ing on street. Part'-of SW 1/4, Section 19, T5S R7E SBM Part of 613- 770 -022 The Lead Agency for this proposal has determined that it does not have a probable significant ad- verse impact upon the environ- ment. An Environmental Impact Statement is not required. This decision was made after review by the Lead Agency of a completed Environmental Checklist and other information on file With the Lead Agency., This information is available to the public on request. ( XX.were) ( were not) made a condition= of approval of the project. CITY OF LA QUINTA July 25, 1989 n t1. w_= �:• �. . � REDEVELOPMENT - AGENCY MEETING DATE: January 15, 1991 ITEM TITLE: CONSIDERATION OF APPROVAL OF OWNER PARTICIPATION AGREEMENT WITH LA QUINTA REAL ESTATE PARTNERSHIP. BACKGROUND: AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: Attached is the Resolution and Owner Participation Agreement between the La Quinta Redevelopment Agency and La Quinta Real Estate Partnership. The Owner Participation Agreement sets forth financial assistance to the Developer for this project which is located on the northwest end of Highway 111. The project entails the development of a restaurant and office complex. FISCAL IMPLICATIONS: Financial assistance to a maximum of $250,000 of Tax Increment Funds of the La Quinta Redevelopment Agency. APPROVED BY: 7fo_, RECOMMENDATION: Approve the necessary Resolution and authorize the Chairman to execute the Agreement on behalf of the La Quinta Redevelopment Agency. Submitted by: Signature Approved for submission to Chair and Members of the Redevelopment Agency: RON KIEDROWSKI, Executive Director It, RESOLUTION NO. A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE AGENCY AND LA QUINTA REAL ESTATE PARTNERSHIP; DETERMINING THAT THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ADJACENT TO THE SITE IS OF BENEFIT TO REDEVELOPMENT PROJECT NO. 2 AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID IMPROVEMENTS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID OWNER PARTICIPATION AGREEMENT. WHEREAS, the La Quinta Redevelopment Agency ( "Agency ") is authorized to carry out the redevelopment of the Redevelopment Project Area No. 2 ( "Project Area "); and WHEREAS, the Redevelopment Plan for the Project Area authorizes and directs the Agency to pay all or part of the value of the construction of certain public improvements; and WHEREAS, the Agency desires to enter into an Owner Participation Agreement ( "OPA ") with La Quinta Real Estate Partnership (the "Participant "), substantially in the form presented to the Agency at the meeting at which this resolution was adopted; and WHEREAS, pursuant to the OPA, the Agency shall bear certain costs for Whitewater Channel improvements adjacent to the Site (the "Channel Improvements ") as more particularly described in the OPA; and WHEREAS, the City has previously conducted its environmental review of the activities contemplated by the OPA and has approved a Negative Declaration (EA No. 89 -129, Case No. PP 89 -417) in connection therewith; and . WHEREAS, California Health and Safety Code Section 33445 provides that a redevelopment agency may, with the consent of the legislative body, pay all or part of the value of public buildings, facilities, structures or other improvements upon finding that such public improvements are of benefit to the project area or the immediate neighborhood in which the project is located and that there are no other reasonable means of financing such public improvements available to the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The City Council hereby approves the form of the OPA presented to the City Council at the meeting at which this resolution was adopted. Section 2: The City Council hereby determines that the acquisition, construction and installation of the Channel Improvements is of benefit to the Project Area and the surrounding neighborhood in which the project is located. Section 3: The City Council hereby determines that it is appropriate to construct and install or cause the construction and installation of the Channel Improvements and that there are no other reasonable means of financing the Channel Improvements. PASSED, APPROVED AND ADOPTED this day of , 1991 at a regular meeting of the City Council of the City of La Quinta by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, CHAIRMAN La Quinta Redevelopment Agency ATTEST: SAUNDRA L. JUHOLA, SECRETARY La Quinta Redevelopment Agency APPROVED AS TO FORM: DAWN HONEYWELL, CITY ATTORNEY City of La Quinta OWNER PARTICIPATION AGREEME 1T WITH LA QUINTA REAL ESTATE PARTNERSHIP The La Quinta Redevelopment Agency ( "Agency ") intends to enter into an Owner Participation Agreement ( "OPA ") with La Quinta Real Estate Partnership, a California general partnership ( "Participant "), for the disposition and development of the Highway 111 Site ( "Site "). The Site is located within the La Quinta Redevelopment Project Area No. 2 ( "Project Area ") and is situated on the north side of Highway 111 approximately 1,200 feet west of Washington Street. This Site is approximately 3 + / -acres in size and is currently owned by the Participant. The OPA, which is attached as Exhibit A, requires the Participant to construct certain commercial facilities on the Site, and to make improvements to the Coachella Valley and Deep Canyon Storm Channels ( "Channel Improvements "). In return the Agency will provide redevelopment assistance to off -set some of the costs of the required Channel Improvements. Scope o,f Development The OPA requires the Participant to develop a 17,500 square foot restaurant and office development in two phases. The first phase involves the development of an 8,500 square foot restaurant with associated parking. The restaurant must be completed within 18 months after the approval of the OPA by the Agency. Secondly, within the first phase, the Participant must also construct the Channel Improvements. In phase two, the OPA requires the Participant to develop a 9,000 square foot office building with associated parking. This activity shall occur no later than three years from the date the OPA is approved by the Agency, and shall be completed within 12 months after that date. Financial Aspects of the OPA The OPA requires the Agency to provide financial assistance to the Participant funding the construction of the Channel Valley Water District requires that the water channels that adjoin the northern Site. The Participant requested Agency of these required improvements. maximum of $250,000 in for,the purpose of partially Improvements. The Coachella Participant improve the storm and western boundaries of the assistance to off -set the cost Agency staff has analyzed the economic aspects of the Participant's development proposal and has determined that redevelopment of the Site cannot be accomplished without economic assistance'from the Agency. The cost of the required Channel Improvements when combined with on- site development costs decreases the economic viability of this project to a point to where the private sector is not able to proceed with its development. The Agency has determined that the Project will assist in the elimination of blight within the Project Area, will facilitate the construction of some of the projects listed in the Redevelopment Plan for the Project Area (improvements to the storm drain channels), provide new jobs, and generate new and needed revenue to the City of. La Q, ,ta and the Agency. Findings Pursuant to Section 33445 of the Health and Safety Code Section 33445 of the Health and Safety Code provides that a redevelopment agency may fund public improvements, with the consent of the legislative body, that will be publicly owned provided that the legislative body determines: (1)the improvements are of benefit to the project area; and (2) no other means of financing said improvements are available. In regard to the first determination, the Channel Improvements would benefit the Project Area. The site and associated Channel Improvements are located within the Project Area and are part of a larger system that drains a majority of the Project Area. Secondly, one of the primary purposes for establishing the Redevelopment Project and Project Area was to address drainage and infrastructure deficiencies through the construction of necessary drainage improvements. The Channel Improvements are listed in the Redevelopment Plan as one of the primary projects the Agency would implement through redevelopment. Through assisting the Participant with the construction of the Channel Improvements, the Agency will be moving forward in implementing the Redevelopment Project. The second determination involves other means of financing that could be used in -lieu of redevelopment funds to construct the Channel Improvements. Two alternate sources of funds would be private sector funding, or funding through the City or other public agencies. In terms of the former, the project proposed by the Participant does not have the financial wherewithal to support funding; the Channel Improvements. Review of the project's development proforma indicates that if the cost of the Channel Improvements is born by the Participant, the rate of return generated by the project would be substantially lower than is accepted by the private sector market. Typical rate of returns for projects of this nature run between 10 and 12 percent; the project's rate of return with the Channel Improvements assigned to it would fall within 5 to 6.4 percent. The City has explored the use of assessment districts and other property related financing mechanisms to generate funds to improve the drainage channels. In reviewing the viability of these approaches, it has been determined that due to the immense cost associated with improvements to the drainage channels, sufficient funds could not be generated through an assessment district or other means to fund the construction of drainage improvements. The city believes that this is the major reason why this portion of the Highway 111 corridor in La Quinta has not been developed. The final alternative would involve funding from the City or other public agencies currently the City's General Fund does not have sufficient cash flow nor reserves to support both ongoing service delivery activities as well as to fund all the needed capital improvements. The same holds true of the other agency's, the Water District and County, that service the Project Area. Due to the non- existent source of funds available to fund the drainage improvements, the Agency established the Project area. lqr \eptn.rpt \cj -2- OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY Uff-ml LA QUINTA REAL ESTATE PARTNERSHIP TABLE OF CONTENTS I. [ §100] SUBJECT OF AGREEMENT A. [ §101] Purpose of Agreement B. [ §102] The Redevelopment Plan C. [ §103] The Site and the Property D. [ §104] Parties to the Agreement 1. [ §105] The Agency 2. [ §106] The Participant E. [ §107] Representations by the Participant F. [ §108] Prohibition Against Change in Ownership, Management and Control of the Participant II. [ §200] DEVELOPMENT OF IMPROVEMENTS BY THE PARTICIPANT A. [ §201] Development of Improvements 1. [ §202] Scope of Development and Design Concept Drawings 2. [ §203] Cost of Development 3. [ §204] Construction Schedule 4. [ §205] Bodily Injury and Property Damage Insurance; Indemnity; Completion Bond 5. [ §206] Local, State and Federal Laws 6. [ §207] Maintenance of Participant Improvements 7. [ §208] Condition of the Site (i) 8. [ §209] Preliminary Work and Grading III. [ §300] CHANNEL IMPROVEMENTS AND AGENCY ASSISTANCE A. [ §301] Agency Assistance 1. [ §302] Conditions to Assistance 2. [ §303] Disbursement of Funds B. [ §304] Responsibility for Condition of Participant Improvements IV. [ §400] USE OF THE SITE A. [ §401] Uses B. [ §402] Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction V. [ §500] DEFAULTS AND REMEDIES A. [ §501] Defaults -- General B. [ §502] Legal Actions 1. [ §503] Institution of Legal Actions 2. [ §504] Applicable Law 3. [ §505] Acceptance of Service of Process C. [ §506] Rights and Remedies Are Cumulative D. [ §507] Inaction Not a Waiver of Default E. [ §508] Damages F. [ §509] Specific Performance G. [ §510] Remedies and Rights of Termination 1. [ §511] Termination by the Participant 2. [ §512] Termination by the Agency (ii) VI. [ §600] GENERAL PROVISIONS A. _ [ §601] Notices,. Demands and Communications Between the Parties B. [ §602] Conflicts of Interest C. [ §603] Enforced Delay; Extension of Times of Performance D. [ §604] Non - liability of Officials and Employees of the Agency and the City VII. [ §700] ENTIRE AGREEMENT, WAIVERS VIII. [ §800] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY AND CITY ATTACHMENTS Attachment No. 1 Site Map Attachment No. 2 Schedule of Performance Attachment No. 3 Scope of Development Attachment No. 4 Agreement to Be Recorded Affecting Real Property (iii) OWNER PARTICIPATION AGREEMENT THIS AGREEMENT is entered into by and between the LA QUINTA REDEVELOPMENT AGENCY (the "Agency ") and LA QUINTA REAL ESTATE PARTNERSHIP, a California general partnership (the "Participant "). The Agency and the Participant hereby agree as follows: [ §100] SUBJECT OF AGREEMENT A. [ §101] Purpose of Agreement The purpose of this Agreement is to effectuate the Redevelopment Plan (as hereinafter defined) for Redevelopment Project No. 2 (the "Project ") by promoting the economic development of the Project Area and addressing certain deficiencies in the infrastructure of the Project Area of the Project (the "Project Area "). Pursuant to this Agreement, a certain portion of the Project Area, hereinafter identified as the "Site" on the "Site Map ", which is attached hereto as Attachment No. 1 and is incorporated herein by reference, shall be developed and improved by the Participant in accordance with the terms of this Agreement. In addition, on that certain portion of the Project Area hereinafter identified in Section 103 as the "Property" the Participant shall make certain improvements to a storm channel situated adjacent to the Site and other properties. The completion of development as provided for pursuant to this Agreement is in the vital and best interest of the City of La Quinta (the "City ") and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the Project has been undertaken. B. [ §102] The Redevelopment Plan The Redevelopment Plan for the Project was approved and adopted by Ordinance No. 139 of the City Council of the City of La Quinta on May 16, 1989; said ordinance and the Redevelopment Plan (the "Redevelopment Plan ") are incorporated herein by reference. C. [ §103] The Site and the Property The Site is that portion of the Project Area so designated on the Site Map (Attachment No. 1). The Property is that area adjacent to or nearby the Site which is so designated on the Site Map (Attachment No. 1). The Participant does or will hold fee simple title to the_ Site as of the execution of this Agreement by the Agency. D. [ §104] Parties to the Agreement 1. [ §105] The Agency The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California. The principal office of the Agency is located at City Hall, 78 -105 Calle Estado, La Quinta, California 92253. "Agency ", as used in this Agreement, includes the La Quinta Redevelopment Agency, and any assignee of or successor to its rights, powers and responsibilities. 2. [ §106] The Participant The Participant, as used herein refers to La Quinta Real Estate Partnership, a California general partnership. The principal office and mailing address of the Participant for purposes of this Agreement is 2526 South Highway 101, Cardiff by the Sea, California 92007. E. [ §107] Representations by the Participant The Participant represents and warrants to the Agency as follows: (a) The Participant is a duly established general partnership. Participant has the legal power, right and authority to enter into this Agreement and any and all other agreements and documents required to be executed and delivered by the Participant in order to carry out, give effect to, and consummate the transactions contemplated by this Agreement. (b) The Participant does not have any material contingent obligations or any material contractual agreements which could materially adversely affect the ability of the Participant to carry out its obligations hereunder. (c) There are no material pending or, to the Participant's actual knowledge threatened, legal proceedings to which the Participant is or may be made a party or to which the Site is or may become subject, which have not been fully disclosed in the documents submitted to the Agency which could 01/10/91 3062u/2338/06 -2- materially adversely affect the ability of the Participant to carry out its obligations hereunder. (d) There is no action or proceeding pending or, to the Participant's actual knowledge, threatened, involving the dissolution or liquidation of the Participant, and there is no action or proceeding pending or, to the Participant's actual knowledge, threatened by or against the Participant which could materially and adversely affect the validity and enforceability of the terms of this Agreement, or materially and adversely affect the ability of the Participant to carry out its obligations hereunder. Each of the foregoing items (a) to (d), inclusive, shall be deemed to be an ongoing representation and warranty. The Participant shall advise the Agency in writing if there is any change pertaining to any matters set forth or referenced in the foregoing items (a) to (d), inclusive. F. [ §108] Prohibition Against Change in Ownership, Management and Control of the Participant The qualifications and identity of the Participant are of particular concern to the Agency. It is because of those qualifications and identity that the Agency has entered into this Agreement with the Participant. No voluntary or involuntary successor in interest of the Participant shall acquire any rights or powers under this Agreement except as expressly set forth herein. Prior to issuance of a Certificate of Completion for all of the Participant Improvements (as hereafter defined), the Participant shall not assign or transfer all or any part of this Agreement or the Site or any rights hereunder without the prior written approval of the Agency. The Agency shall not unreasonably withhold its approval of a transfer of all or a portion of the Site and this Agreement to (i) a transferee with a net worth not less than that of the Participant, or (ii) an expanded partnership or new partnership which includes the Participant as a general partner, or (iii) an entity in which the Participant retains an interest of greater than 50% of profits and losses or maintains complete operational and managerial control, provided that: (1) the assignee partnership (or, if applicable, the transferee) shall expressly assume the obligations of the Participant pursuant to this Agreement in writing satisfactory to the Agency; (2) the original Participant shall remain fully responsible for the performance and liable for the obligations of the Participant pursuant to this Agreement unless expressly released in writing by Agency; and (3) the assignee (or transferee) is financially capable of performing the duties and discharging the 01/10/91 3062u/2338/06 -3- obligations it is assuming. The Participant shall notify the Agency in writing of any and all proposed changes whatsoever in the identity of the persons in control of the Participant and the degree thereof at least thirty (30) days prior to the time such proposed changes would become effective. In the event of death or incapacity of one or more of the partners, if any, or principals, if any, of the Participant, the Agency shall not unreasonably withhold its approval of an assignment satisfying criteria numbered (1) and (2), respectively, in the preceding sentence. In the event that, contrary to the provisions of this Agreement, the Participant does sell, transfer, convey or assign any part of the Site or the buildings or structures thereon prior to the issuance of a Certificate of Completion for all of the Participant Improvements, the Agency shall have the option to terminate this Agreement and additionally to seek all remedies available at law or equity. The foregoing portion of this paragraph shall not be deemed applicable to (i) leases of offices made in the ordinary course of Participant's business and which do not individually constitute a transfer of a majority of the office space on the Site pursuant to a lease of a term of over thirty (30) years, inclusive of options, and (ii) such leases or sales of all or a portion of the Site as to which the prior written approval of the Agency is first obtained. Any such lease or sale shall not excuse or diminish the obligation of the Participant to complete the Participant Improvements. All of the terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Participant and the permitted successors and assigns of the Participant. Whenever the term "Participant" is used herein, such term shall include any other permitted successors and assigns as herein provided. This Section 108 shall be inapplicable following the issuance by the Agency of a Certificate of Completion for all of the Participant Improvements and all of the terms, covenants, agreements and conditions set forth in this Agreement pertaining to the development of the Participant Improvements shall cease and terminate; provided that Section 401 and all executory provisions of this Agreement and the provisions of the Agreement To Be Recorded Affecting Real Property (Attachment No. 4) shall remain in effect, notwithstanding the completion of the Participant Improvements, throughout the life of the Redevelopment Plan unless a different time limit is specifically set forth in this Agreement in relation to such provision. 01/10/91 3062u/2338/06 -4- II. [ §200] DEVELOPMENT OF IMPROVEMENTS BY THE PARTICIPANT A. [ §201] Development of Improvements 1. [ §202] Scope of Development The Participant shall commence and complete or cause to be commenced and completed those improvements identified as the "Participant Improvements" in the "Scope of Development ", which is attached hereto as Attachment No. 3 and is incorporated herein by reference. The City has approved concept plans for the Participant Improvements. The Participant shall prepare all necessary plans and obtain approval by the boards and departments of the City which review and approve public improvements and private improvements. All plans for the Participant Improvements, including without limitation the "Channel Improvements" (as hereinafter defined in the Scope of Development [Attachment No. 3]) shall be submitted and approvals obtained by the respective times established therefor in the Schedule of Performance (Attachment No. 2). All plans shall be complete and in sufficient detail to enable City staff to review plans and, where applicable, shall include any engineering or other similar support material as the City Engineer at his discretion shall deem appropriate. The Participant shall construct or cause to be constructed the Participant Improvements in compliance with all the zoning, planning and design review requirements of the Plot Plan No. 89 -417 and City of La Quinta. The Participant must first obtain the approval of the City Engineer of plans for the Channel Improvements before such Improvements are commenced. The Participant additionally agrees and acknowledges that it shall obtain any approvals required by the Coachella Valley Water District for the Channel Improvements. It is contemplated by the parties that the Coachella Valley Water District ( "CVWD ") will, prior to commencement of the Channel Improvements commit to accept dedication or the duty to maintain the Channel Improvements. If CVWD does not provide such a commitment or accept the dedication or otherwise agree to maintain the Channel Improvements, the parties mutually agree to discuss alternative methods to provide for such maintenance. 01/10/91 3062u/2338/06 -5- 2. [ §203] Cost of Development - Subject to the provisions of Section 301, all costs for planning, designing and constructing the Participant Improvements shall be borne exclusively by the Participant. The Participant shall also bear all costs related to discharging the duties of the Participant set forth in this Agreement; provided, however, that Section 301 of this Agreement shall be applicable according to its terms. 3. [ §2041 Construction Schedule Subject to the provisions of Section 603, the Participant shall commence and complete the Participant Improvements by the respective times established therefor in the Schedule of Performance (Attachment No. 2). 4. [ §205] Bodily Injury and Property Damage Insurance; Indemnity; Completion Bond Prior to the commencement or continuation of any construction hereunder occurring after the Agency approves this Agreement, and prior to requesting disbursements from the City pursuant to Section 303, the Participant shall obtain or caused to be obtained a policy of comprehensive bodily injury and property damage liability insurance and maintain such policy in effect until the completion of all of the Participant Improvements (as reasonably determined by the Agency) providing coverage for bodily injury and property damage in the minimum amount of Two Million Dollars ($2,000,000) combined single limit. The policy shall name, as additional assureds, the Agency, the City of La Quinta, and their officers and employees, while acting within the scope of their duties, against all claims, suits, or other actions of any nature brought for or on account of any deaths, injuries, damage or loss, arising out of or connected with the work of Participant hereunder or the development of the Participant Improvements under this Agreement. Insurance coverages furnished by the Participant pursuant to this Section 205 may be submitted as one or more policies, but coverage shall conform to this Section 205 and shall pertain to all activities on the Site, the Property and adjacent public right -of -way. The Participant shall furnish Agency a certificate of insurance from the insurer evidencing compliance with this paragraph and providing that the insurer shall not cancel or modify the policy without thirty (30) days' written notice to Agency. The Participant shall give Agency prompt and timely notice of any claim made or suit instituted with respect 01/10/91 3062u/2338/06 -6- to Participant and the Site or the Participant Improvements. Participant shall use reasonable effort to cause the Agency, City, and their officers and employees, to be named as additional insureds in any policies of Participant's contractors covering work under this Agreement, and such policies shall comply with this paragraph. Coverage shall be primary and not contributing with any policy or coverage maintained by or obtained by the Agency, and an appropriate endorsement shall so state. The policy shall contain a waiver of subrogation. The Participant shall comply with all of the provisions of the Worker's Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Divisions 4 and 5 of the California Labor Code, and all amendments thereto, and all similar State or Federal acts or laws applicable, and Participant shall hold Agency and City harmless from any claims arising thereunder unless such claims Arise out of the wilful conduct or gross negligence of Agency or City.. The Participant shall save each of the Agency and the City, and their respective officers, agents and employees, harmless from and assume all responsibility for any liability or responsibility for damage, costs, losses, or suit arising in any manner from negligent conduct on the part of the Participant or its agents in performing its obligations under this Agreement. Without limitation, the Participant shall assume all responsibility for, defend, indemnify and hold harmless the City and the Agency from and against any claim for relocation assistance or benefits, or any claim based upon loss of goodwill, or any other claim, loss or suit based upon or related to the development of the Participant Improvements, or any activity of the Participant pursuant to this Agreement. Prior to commencing the Channel Improvements, the Participant shall provide the Agency with a bond or bonds assuring the timely completion of the Channel Improvements. The bond(s) shall be in an amount adequate, as determined by the City Engineer, to cover the cost of the Channel Improvements. As an alternative to providing such a bond, the Participant may provide the Agency with cash, a certificate of deposit in the name of the Agency, or an unconditional, irrevocable letter of credit by a bank and in form satisfactory to the Agency. The Agency shall be entitled to apply such moneys or bonds to cause the completion of the Channel Improvements in the event Participant fails to complete the Channel Improvements in accordance with this Agreement. 01/10/91 3062u/2338/06 -7- 5. [ §206] Local, State and Federal Laws The Participant shall carry out the construction of the Participant Improvements in conformity with all applicable laws, including the provisions of the La Quinta Municipal Code. With respect to Channel Improvements, the Participant shall pay prevailing wages, as confirmed with the City Engineer, and shall conduct a competitive bidding process substantially similar to the competitive bidding process used by the City for its public works projects. The Participant assumes full responsibility for and shall comply with all provisions of the Subdivision Map Act and the local subdivision ordinance applicable to the development or financing of the Participant Improvements. 6. [ §207] Maintenance of Participant Improvements The Participant shall maintain the Site and all improvements thereon, including the Participant Improvements thereon in compliance with the terms of the Redevelopment Plan and with all applicable provisions of the La Quinta Municipal Code until the expiration date of the Redevelopment Plan as said expiration date may be extended by proper amendment to the Redevelopment Plan. The obligation of the Participant to comply with the Redevelopment Plan shall be construed to mean that Participant shall comply with the Redevelopment Plan as heretofore amended. Participant shall not, by virtue of this Agreement, be obligated to comply with later amendments to the Redevelopment Plan; provided that the Participant shall remain obligated to comply with the Redevelopment Plan as formulated as of the date of this Agreement. 7. [ §208] Condition of the Site The Participant, at Participant's expense, shall perform any excavation, backfilling, demolition, removal of structures (including subsurface structures) and grading necessary for the Participant Improvements. The Agency and the City make no representations or warranties concerning the Site, its suitability for the use intended by the Participant, or the surface or subsurface conditions of the Site. If the soil conditions of the Site are not in all respects entirely suitable for the use or uses to which the Site will be put, then it is the sole responsibility and obligation of Participant to take such action as may be necessary to place the Site in a condition entirely suitable for the development of the Site in conformity with this Agreement. 01/10/91 3062u/2338/06 -8- 8. [ §209] Preliminary Work and Grading The Participant assumes full responsibility to obtain any necessary consents of affected property owners and tenants at its expense prior to undertaking any work on the Site or the Property. The Participant agrees to undertake such demolition, soil excavation, importation and compaction work as is necessary to prepare the Site and the Property for the Participant Improvements. The Participant shall save and protect the Agency and the City against any claims resulting from any negligent acts or omissions of the Participant in connection with preliminary work, access or use of the Site and the Property undertaken pursuant to this Section 209. Any preliminary work by the Participant shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. III. [ §300] CHANNEL IMPROVEMENTS AND AGENCY ASSISTANCE A. [ §301] Agency Assistance In consideration of the provision by the Participant of the "Channel Improvements" as well as the "Participant Improvements" (as those terms are hereinafter defined in the Scope of Development [Attachment No. 3]), the Agency agrees to contribute toward the cost of the Channel Improvements an amount equal to the lesser of (i) the actual cost (as payable to third parties unrelated to the Participant and with no allowance for overhead) incurred by the Participant to construct the Channel Improvements as determined by the City Engineer, or (ii) the sum of Two Hundred Fifty Thousand Dollars ($250,000). Payments shall be made pursuant to Section 303 of this Agreement, subject to the satisfaction of the Conditions Precedent set forth in Section 302. Payments made pursuant to this Section 301 shall constitute the "Agency Assistance ". 1. [ §3021 Conditions to Assistance Prior to the furnishing of any portion of the Agency Assistance by the Agency, the Participant shall: (i) obtain approval by City of plans (final construction drawings) prepared in accordance with Section 202 for all of the Participant Improvements except for "Phase Two" improvements; (ii) provide insurance certificates conforming to Section 205 of this Agreement; (iii) obtain the approval of the City Engineer of the plans for the Channel Improvements, and commence construction of the Channel Improvements and Phase One of the Participant Improvements to be developed on the Site; (iv) deliver to the Agency bonds, cash, or other security for performance as described in Section 205; and (v) cause to be recorded the "Agreement to Be Recorded Affecting Real 01/10/91 3062u/2338/06 -9- Property ", which is attached hereto as Attachment No. 4 and is incorporated herein by reference. The forgoing items (i) to (v), inclusive, shall collectively constitute the "Conditions Precedent ". Notwithstanding anything to the contrary elsewhere set forth in this Agreement, in no event shall assistance be afforded to the Participant before the Conditions Precedent are satisfied in relation to all of the Site. 2. [ §303] Disbursement of Funds Disbursement of the Agency Assistance shall be accomplished in accordance with the following procedures: (a) Application for Disbursement. On or about the 15th and 30th day of each month, the Participant shall submit to the City an "Application for Payment" which shall include: (1) A written, itemized statement, signed by a representative of the Participant which sets forth: (i) a description of the work performed, material supplied and /or costs incurred or due for which disbursement is requested; and (ii) the total amount incurred, expended and /or due for the requested disbursement. (2) Copies of billing invoices, documents of title, vouchers, statements, payroll records, receipts and other documents evidencing the total amount expended, incurred or due for any requested disbursement. (3) Mechanic's lien waivers including: (i) a Conditional Waiver and Release Upon Progress Payment (California Civil Code Section 3262(d)(i)) for itself and each contractor covered by such Request for Payment, (ii) an Unconditional Waiver and Release Upon Progress Payment (California Civil Code Section 3262(d)(21)) for itself and each of its contractors covering the full amount of all previous payments made to Participant, and (iii) an Unconditional Waiver and Release Upon Final Payment (California Civil Code Section 3262(d)(4)) for its contractors who have completed their work and for whom Participant has received full payment. (4) A statement by the inspecting engineer that the percentage and /or stage of construction corresponding to the Application for Payment has been substantially completed and substantially conforms to the plans therefor based 01/10/91 3062u/2338/06 -10- upon such engineer's inspections of the respective Participant Improvements. (5) An engineer's certificate of substantial completion, prior to the final disbursements or the final stage disbursements. Each Application for Payment by the Participant shall constitute a representation and warranty by the Participant that all work encompassed by the Application has been accomplished in accordance with City standards for such work and sound construction practices, and that the Participant is in compliance with all of the provisions of this Agreement. (b) Approval and Payment. Upon receipt.of the Application for Payment the City Engineer shall review the same on behalf of the Agency and shall approve the same subject to such exceptions as the City Engineer, in his sole discretion, deems reasonably necessary and appropriate under the then current circumstances. Such approval may not unreasonably be withheld or delayed; provided that the City Engineer shall have the discretion to determine the amount of work performed, whether the work is satisfactory, and the. amounts to be paid consistent with this disbursement process. The Agency shall pay, or cause to be paid, any approved disbursements within thirty (30) days following the'Agency's receipt of the corresponding Application for Payment. Notwithstanding the foregoing, a ten percent (10 %) retention shall be maintained until the Channel Improvements are completed to the satisfaction of the City Engineer. B. [ §304] Responsibility for Completion of Participant Improvements The Participant assumes all responsibility for the timely completion of all improvements undertaken by the Participant and such costs, if any, as may be incurred in excess of the maximum amount payable pursuant to Section 301 as the Agency Assistance in providing the Channel Improvements. No moneys shall be payable to the Participant pursuant to this Agreement other than with respect to the Channel Improvements as specified in Section 301. The Participant shall not request or receive any other assistance from the Agency or the City in connection with the development or use of the Site. The Participant assumes all responsibility for the timely completion of all improvements undertaken by the Participant, and such costs, if any, as may be incurred by Participant in excess of the Agency Assistance to provide the Channel Improvements. 01/10/91 3062u/2338/06 -11- IV. [ §400] A. - [ §401] USE OF THE SITE Uses The Participant covenants and agrees for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that during construction and thereafter, the Participant, such successors and such assignees, shall devote the Site, to the uses specified in the Redevelopment Plan and this Agreement for the periods of time specified therein. The foregoing covenant shall run with the land. The Participant covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Participant itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The foregoing covenants shall run with the land. The Participant shall refrain from restricting the rental, sale or lease of the Site on the basis of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry of any person. All deeds with respect to the Site shall contain or be subject to substantially the following nondiscrimination or nonsegregation clause: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 01/10/91 3062u/2338/06 -12- The covenants established in this Agreement and the deeds shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Agency, its successors and assigns, the City and any successor in interest to the Site, together with any property acquired by the Participant pursuant to this Agreement, or any part thereof. The executory covenants, contained in this Agreement and the deeds shall remain in effect until the termination date of the Redevelopment Plan; provided, however, that the covenants against racial discrimination shall remain in perpetuity. It is the intent of the parties to this Agreement that remedies available pursuant to this Section 401 shall not invalidate the lien of any mortgage on the Site. B. [ §402] Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction The Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Agency, without regard to whether the Agency has been, remains or is an owner of any land or interest therein in the Site or in the Project Area. The Agency shall have the right, if the Agreement or covenants herein or in the deeds are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and such covenants may be entitled. V. [ §500] DEFAULTS AND REMEDIES A. [ §501] Defaults -- General Subject to the extensions of time set forth in Section 603, failure or delay by any.party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other parties, specifying the default complained of. Except as otherwise expressly provided in Sections 508 and 509 of this Agreement, the claimant shall not institute proceedings against the other party if the other party within thirty (30) days from receipt of such notice, with due 01/10/91 3062u/2338/06 -13- diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy as soon as reasonably practicable after receipt of such notice. B. [ §502] Legal Actions 1. [ §503] Institution of Legal Actions In addition to any other rights or remedies and subject to the restrictions in Section 501, any party may institute legal action to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in that county, or in the Federal District Court in the Central District of California. 2. [ §504] Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 3. [ §505] Acceptance of Service of Process In the event that any legal action is commenced by the Participant against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by the Agency against the Participant, service of process on the Participant shall be made by personal service upon either Sandy Saxten or Rob Thibaut, who together own one hundred percent (100 %) of the stock of the managing general partner of Participant, or such other person who may be designated by Participant from time to time by written notice and shall be valid whether made within or without the State of California or in such other manner as may be provided by law. C. [ §506] Rights and Remedies Are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 01/10/91 3062u/2338/06 -14- D. [ §507] Inaction Not a Waiver of Default Any failures or delays by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. E. [ §508] Damages If a party defaults with regard to any of the provisions of this Agreement, the non - defaulting parties shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of the notice of a monetary default or within sixty (60) days after the service of notice of a non - monetary default (or within such other period as is set forth herein), the defaulting party shall be liable to the other parties for any damages caused by such default, and the non - defaulting parties may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. The foregoing cure periods for defaults with respect to construction shall be extended if such default cannot be reasonably cured within such sixty (60) day period and the defaulting party has within such period commenced to cure and is diligently prosecuting the cure to completion. F. [ §509] Specific Performance If a party defaults under any of the provisions of this Agreement, the non - defaulting parties shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days of service of the notice of default, or such other time limit as may be set forth herein with respect to such default, the non - defaulting parties at their option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. G. [ §510] Remedies and Rights of Termination 1. [ §511] Termination by Participant This Agreement may at any time prior to the funding of.the Agency Assistance pursuant to Section 303 hereof, at the option of the Participant, be terminated by written notice thereof to the Agency, and thereupon neither the Agency nor the Participant shall have any further rights or obligations with respect to this Agreement. 01/10/91 3062u/2338/06 -15- 2. [ §512] Termination by the Agency In the event that: (a) The Participant does not submit certificates of insurance and related documents as required by Section 205 of this Agreement, in the manner and by the dates respectively provided in this Agreement therefor and any such default or failure shall not be cured within thirty (30) days after the date of written demand therefor by the Agency; or (b) The Participant fails to satisfy all of the Conditions Precedent (as defined in Section 302 of this Agreement) by the times established therefor in the Schedule of Performance (Attachment No. 2); then this Agreement and any rights of the Participant or any assignee or transferee in the Agreement, or arising therefrom with respect to the Agency, the Site or any other property referred to in this Agreement shall, at the option of the Agency, be terminated by the Agency. In the event of termination under this Section 510, neither the Agency nor the Participant shall have any further rights against or obligations to the others under this Agreement. VI. [ §600] GENERAL PROVISIONS A. [ §601] Notices, Demands and Communications Between the Parties Written notices, demands and communications among the Agency and the Participant shall be sufficiently given if delivered by hand or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Agency and the Participant at the addresses specified in Sections 105 and 106, respectively. Such written notices, demands and communications may be sent in the same manner to such other addresses as any party may from time to time designate by mail as provided in this Section 601. Any written notice, demand or communication shall be deemed received immediately if delivered by hand and shall be deemed received on the tenth day from the date it is postmarked if delivered by registered or certified mail. 01/10/91 3062u/2338/06 -16- B. [ §6021 Conflicts of Interest _ No member, official or employee of the Agency or the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. C. [ §6031 Enforced Delay; Extension of Times of Performance In addition to specific provisions of this Agreement, performance by any party shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of another party; acts or failures to act of the City of La Quinta or any other public or governmental agency or entity (other than the acts or failures to act of the Agency or the City which shall not excuse performance by the Agency); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause. The provisions of this Section 603 shall have no application unless notice by the party claiming such extension is sent to the other parties within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Agency and the Participant. Any extension of time agreed upon by both parties, or any enforced delay pursuant to this Section 603, shall affect an extension of all subsequent dates on the Schedule of Performance by the number of days of each such agreed upon extension and /or enforced delay. Notwithstanding the foregoing portion of this Section 603, the Participant is not entitled pursuant to this Section 603 to an extension of time to perform because of past, present or future difficulty in obtaining suitable temporary or permanent financing for the development of the Site. 01/10/91 3062u/2338/06 -17- D. [ §604] Non - liability of Officials and Employees of the Agency and the City No member, official or employee of the Agency shall be personally liable to the Participant, or any successor in interest, in the event of any default or breach by the Agency or for any amount which may become due to the Participant or its successors, or on any obligations under the terms of this Agreement. VII. [ §7001 ENTIRE AGREEMENT, WAIVERS This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement includes pages 1 through 19 and Attachment Nos. 1 through 4, which constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the Agency and the Participant, and all amendments hereto must.be in writing by the appropriate authorities of the Agency and the Participant. In any circumstance where under this Agreement any party is required to approve or disapprove any matter, approval shall not be unreasonably withheld. VIII. [ §800] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY AND CITY This Agreement, when executed by the Participant and delivered to the Agency must be authorized, executed and delivered by the Agency on or before forty -five (45) days after signing and delivery of this Agreement by Participant or this Agreement shall be void, except to the extent that the Participant shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. The date of this Agreement shall be the date when it shall have been signed by the Agency. 01/10/91 3062u/2338/06 -18- IN WITNESS WHEREOF, the Agency and the Participant have signed this Agreement on the respective dates set forth below. , 1991 LA QUINTA REDEVELOPMENT AGENCY ATTEST: Agency Secretary Dated: Dated: By Chairman LA QUINTA REAL ESTATE PARTNERSHIP, a California general partnership By: Its: By: Its: 01/10/91 3062u/2338/06 -19- ATTACHMENT NO. 1 SITE MAP [To be provided; this should depict the Site (Parcel 3 of Parcel Map No. 22596, the location of those on -site improvements required to be built (i.e., the restaurant and one office building); and the "Property" which is the adjacent channel where the Channel Improvements are to be provided should include Channel adjacent to Parcels 1, 2 and 3.] 01/10/91 ATTACHMENT NO. 1 3062u/2338/06 Page 1 of 1 ATTACHMENT NO. 2 SCHEDULE OF-PERFORMANCE I. GENERAL PROVISIONS 1. Execution of Agreement by Agency. The Agency shall approve and execute this Agreement, and shall deliver one (1) fully executed original thereof to the Participant. II. CONSTRUCTION PHASE 2. Conditions Precedent. Participant shall satisfy all of the Conditions Precedent except for commencement of construction. 3. Phase I Improvements. (a) Participant shall commence construction of the Phase One Improvements. (b) Participant shall complete the Phase One Improvements. 4. Phase Two Improvements. (a) Participant shall commence construction of the Phase Two Improvements. (b) Participant shall complete construction of the Phase Two Improvements. Not later than forty -five (45) days after the date of execution and submission of three (3) duplicate originals of this Agreement by the Participant. Within 45 days after execution of this Agreement by the Agency and the City. (a) Within 180 days after the approval of this Agreement by the Agency. (b) Within 18 months after the approval of this Agreement by the Agency. (a) Not later than the third (3d) anniversary of the approval of this Agreement by Agency. (b) Not later than the fifth (5th) anniversary of the approval of this Agreement by Agency. 01/10/91 ATTACHMENT NO. 2 3062u/2338/06 Page 1 of 1 ATTACHMENT NO. 3 SCOPE OF DEVELOPMENT I. GENERAL DESCRIPTION The Site and the Property are specifically delineated on the Site Map (Attachment No. 1) pursuant to Section 103 of this Agreement. II. IMPROVEMENTS The "Participant Improvements" shall be accomplished in two phases, "Phase One" and "Phase Two ". "Phase One" shall include: 1) the development of a first -class restaurant of not less than 8,500 square feet, gross leasable area together with required parking; and 2) improvements to the channel situated on the Property (adjacent to the Site and other properties) to the satisfaction of the City Engineer (the "Channel Improvements "). A more specific description of the Channel Improvements and an estimate of the costs therefor is identified as the "Storm Drainage" improvements on the Preliminary Construction Cost Estimate attached as Exhibit "A" to this Attachment No. 3. Phase Two shall include: the development of an office building of not less than 9,000 square feet leasable area. III. STANDARDS The Participant Improvements shall be constructed and maintained in conformity with Plot Plan No. 89 -417, the Redevelopment Plan, the Agreement (including, without limitation, all Attachments thereto), and all applicable provisions of the Municipal Code of the City of La Quinta. The City Engineer shall interpret the application of all such enactments to the Participant Improvements. 01/10/91 ATTACHMENT NO. 3 3062u/2338/06 Page 1 of 1 ATTACHMENT NO. 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO LA QUINTA REDEVELOPMENT AGENCY Attention: Executive Director 78 -105 Calle Estado La Quinta, California 92253 [Space above for recorder.] This Agreement is recorded at the request and for the benefit of the La Quinta Redevelopment Agency and is exempt from the payment of a recording fee pursuant to Government Code Section 6103. LA QUINTA REDEVELOPMENT AGENCY By: Its: Dated: , 1991 REDEVELOPMENT PROJECT NO. 2 LA QUINTA, CALIFORNIA AGREEMENT TO BE RECORDED AFFECTING REAL PROPERTY THIS AGREEMENT is entered into this day of 1991, by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic (the "Agency "), and LA.QUINTA REAL ESTATE PARTNERSHIP, a California general partnership (the "Participant "), with reference to the following: A. The Participant is fee owner of record of that certain real property (the "Site ") located in the City of La Quinta, 01/10/91 ATTACHMENT NO. 4 3062u/2338/06 Page 1 of 4 County of Riverside, State of California legally described in the attached Exhibit "A". B. The Property is within the Redevelopment Project No. 2 Area (the "Project ") in the City of La Quinta and is subject to the provisions of the Redevelopment Plan for the Project adopted by Ordinance No. 139 on May 16, 1989 by the City Council of the City of La Quinta (the "Redevelopment Plan "). C. The Agency and the Participant have Owner Participation Agreement dated as of _ concerning the development and operation of "OPA ") which OPA is on file with the Agency and is incorporated herein by reference. entered into an the Site (the as a public record NOW, THEREFORE, THE AGENCY AND THE PARTICIPANT AGREE AS FOLLOWS: 1. The Participant, on behalf of itself and its successors, assigns, and each successor in interest to the Site or any part thereof, hereby covenants and agrees: (a) To use, devote, and maintain the Site and each part thereof, for the purposes and the commercial uses specified in the Redevelopment Plan. (b) To maintain the improvements and landscaping on the Site and keep the Site free from any accumulation of debris and waste materials. (c) Not to discriminate upon the basis of sex, marital status, race, color, creed, religion, age, national origin, or ancestry in the sale, lease, sublease, transfer or rental, or in the use, occupancy, tenure, or enjoyment of the Site or any improvements thereon, or of any part thereof. Each and every deed with respect to the Site shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: "The grantee herein covenants by and for itself, it successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, color, creed, religion, age, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee itself or any persons claiming under or through it, 01/10/91 ATTACHMENT NO. 4 3062u/2338/06 Page 2 of 4 establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. There shall be no discrimination against or segregation of any person, or groups of persons, on account of sex, marital status, race, color, creed, religion, age, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use, occupancy, tenure or enjoyment of the Site or any part thereof, nor shall the Participant, its successors, assigns, or successors in interest to the Site or any part thereof, or any person claiming under or through them, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, or vendees of the Site or any part thereof. 3. The Participant shall defend, indemnify and hold harmless the Agency, the City of La Quinta (the "City "), and their respective officers, agents and employees from and against any loss, liability, claim, or judgment relating in any manner to the Site which is caused or contributed to by the negligent acts or omissions of the Participant. The Participant shall remain fully obligated for the payment of property taxes and assessments in connection with the Site; there shall be no reduction in taxes nor any transfer of responsibility to the Agency or the City to make such payments by virtue this Agreement or the OPA. 4. The covenants and agreements established in this Agreement shall, without regard to technical classification and designation, be binding on the Participant and any successor in interest to the Site, or any part thereof, for the benefit of and in favor of the Agency, its successor and assigns, and the City of La Quinta. Except as set forth in the following sentence, the covenants contained in paragraphs 1(a) and 1(b) of this Agreement shall remain in effect until May 16, 2029 (the expiration date of the Redevelopment Plan). The covenants against discrimination (contained in paragraph 1(c) and 2, shall remain in perpetuity. 5. The covenants and restrictions contained in this Agreement shall not benefit nor be enforceable by any owner of any other real property within or outside the Project or any person or entity having any interest in any such other real property. 01/10/91 ATTACHMENT NO. 4 3062u/2338/06 Page 3 of 4 IN WITNESS WHEREOF, the Agency, the City and the Participant have executed this Agreement. Dated: ATTEST: Agency Secretary Dated: Dated: LA QUINTA REDEVELOPMENT AGENCY By: Chairman LA QUINTA REAL ESTATE PARTNERSHIP, a California general partnership By: By: Its: Its: 01/10/91 ATTACHMENT NO. 4 3062u/2338/06 Page 4 of 4 STATE OF CALIFORNIA ) ) ss. COUNTY-OF RIVERSIDE ) On this day of , in the year 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the Chairman of the LA QUINTA REDEVELOPMENT AGENCY and acknowledged to me that the LA QUINTA REDEVELOPMENT AGENCY executed it. Signature of Notary Public (SEAL) STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) On , 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the , and personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as-the of the partnership that executed the within instrument and acknowledged to me that such partnership executed the within instrument. WITNESS my hand and official seal. (SEAL) 01/10/91 3062u/2338/06 ATTACHMENT NO. 4 EXHIBIT "A" LEGAL DESCRIPTION OF SITE Parcel 3 of Parcel Map 22596, as shown by Map on file in Book 160, Pages 87 and 88, of. Parcel Maps, Official Records of Riverside County, California. 01/10/91 EXHIBIT "A" TO 3062u/2338/06 ATTACHMENT NO. 4 X6, PL-r HITS, ETC, QUakntity Unit Cost I t o rrti Y r.r L a ginear'J.otj an Cheek) t L13 2. Improveii- n� Plant (Storrri Channel) ------ C:nc�incering (Flan Check) subtotal; 2 Construction PormitS /FUest LS Improvements (Storm Channel) ...... f Flood Control (Encroachment L6 w_MY__ Construction Permits /Fees subtotals 4 FEE51 PErIMITS, ,ETC. total t 16 STORM DRAINAGE total i 172 Mainss S ++ pipe, VC:P (From Washington '< Hury I 1) 1400 LF 16.0 -Mains subtot Manholes% S tandard,Manhole ............... • AdJust to prod) .................... Mit:cellt><neot.rs� RamovQ /replace Pavement(Alonq H►ay.111) 4 EA 44)0.00 5 4 EA 260.00 1 Manh s subtotal) 6 XO8F 2.0�r a scallaneous subtotals 4 * ** CONSULTANT FEES & SERVICES Civil Engineering Fees (Sao 1 • • + • • •,• • LS Setaer Engineering Desigm subtotal: CONSULTANT FEES & SERVICES tota11 Engineeri {plan Check)) LS Improv ent Plans (sower)...,••.. exJ A7Ti;Cfl0? T- Adt)i, I P49e 2 of 5 4 ,SENT BY :ALLEN MATKINS 1- 6 -91 5 03 5645617 430 K.1:L: Associat;sj Inc. Civil Engineers 712 Eugene Road Palin Springs, Ca. 9 264 Telephone (619 ) Z27 -7786 Fax (619) 327-8908 PRELIMINARY * C014STRUCT I ON COST ESTIMATE rcbt 2201 Estimate dates,16 October 1990 MELLO w ROOS DSaTRICT OR RCDEVELOPMENT DISTRICT 6y: LLOYD * ** STORM DRAINAGE a ** eye* SITE PREPARATION 34 GRADING +� ** Rough Grading: Math; Excavation (Storm Channel).... Quantity Unit Cost Item Total 3300 CY 1.75 51775.00 r--- wwrw.w.�..�- Roucjh Grading subtotal: 5, ;75.00 Finish Grading: Finish Grade (Storm Channel)...,... 11300 CY 2.00 Finish Grading subtotalt SITE PREPARATION & GRADING total: Miscellaneous: P.C.C. Concrete Slope Protection... 681 LF 165.00 P.C.C. Cut -ofY WAIL (Storm Channel) 150 LF 100.00 Miscellaneous isubtota.l: ***-CONSULTANT FEES U SERVICES *+►a Civil Engineering fees (Storm Channel) L5 Storm Channel Engineering Design subtotal: CONSULTANT FEES & SERVICES totals ATT!ae roftt �''• � 22,600. 00 22,600.00 28,375.00 112,365.00 w-- ----- --r��. 127 , 345 10 , b0c) . CXJ r ---- -- ----w- 10, 00o.00 15,000.01.1 9. CONSIDERATION OF OWNER PARTICIPATION AGREEMENT WITH LA QUINTA REAL ESTATE F'4TNERSHIP. Mr. Kiedrowski presented the proposal between La Quinta Real Estate Partnership and the City of La Quinta to development the property along Highway 111 at the Point Happy rock. The Owner Participation Agreement is conditioned upon the property owner building a restaurant. And the RDA conditions itself at certain trigger dates to align the channel to protect this property from flooding. This document was developed through considerable discussions by various parties, and an analysis of the proforma. The arriving at the need for this investment was completed by Frank Spevacek and Mr. Williams of Rosenow, Spevacek Group, Inc. Mr. Kiedrowski added if flood control work costs less than the $250,000 documented in the agreement, we pay for only the flood control improvements, we will not pay for additional improvements. Council Member Bohnenberger commented that the Agreement calls for twice monthly billing and that most contractors are paid on a monthly cycle and would feel more comfortable if they were limited to billing by the 30th of the month. Mr. Kiedrowski stated that what has been suggested is if the property owner submits invoices at one of the dates, it would fall into the next Council meeting for possible approval. It is not suggested that the property owner submit billings twice monthly. AS City Council Minutes 8 January 15, 1991 Council Member Bohnenberger pointed out Page 11, last sentence of Section 303, "Notwithstanding the foregoing, a ten percent (10 %) retention shall be maintained until improvements are completed to the satisfaction of the City Engineer ", he would like the Coachella Valley Water District added. Mr. Kiedrowski advised that this could be amended. Council Member Bohnenberger advised that on Page 17, Section 303, in the sentence "inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; it should be added "other than the participant himself ". Lastly, Council Member Bohnenberger added that on attachment No. 2, Phase Two Improvements, (b) should be changed to read the fourth (4th) anniversary. Council Member Sniff questioned how it was determined that the owners could not make the improvements themselves and why $250,000 is such an obstacle. MR. FRANK SPEVACEK, advised that it was based on their proforma and development costs as well as projected revenue from the site. Mr. Kiedrowski added that the north of Highway 111 from Point Happy to Adams is obviously burdened by some kind of problems or it would have been developed by the private sector long ago. It is believed that the burden is a lack of flood protection. The City believes that $250,000 is more than adequate, but we will only pay for what it actually costs. Council Member Bohnenberger advised that in his sixteen years in the Valley he has seen a minimum of three proposals for this piece of land. The channel improvements have always been the problem, but feels this proposal is the best one yet. In response to Council Member Franklin, Mr. Spevacek advised that the City would get a full return on their investment in 5 to 8 years. This would include a combination of minimal sales tax generated from the revenue of the restaurant and taxes generated from the property tax. In answer to Council Member Sniff's earlier question, Mr. Spevacek advised that the total development cost is $4,911,000. City Council Minutes 9 January 15, 1991 In response to Council Member Sniff, Council Member Bohnenberger advised that there are legal requirements for lining the channel. There is a legal nexus between the development adjacent to the channel and the lining of the channel. Mrs. Honeywell stated that it's analogous to require them to build a street if it happens to be adjacent to the property being developed. It could be challenged, depending on whether there is sufficient requirements, but the presumption is if you development the property you are in effect creating additional impacts that add to the need for the public improvement. There is statutory authority to require offsite development improvements as requirements to subdivision tract maps. Council Member Sniff questioned if the developer would come back to the City for additional help. As an example; for installation of water or sewer lines. Mr. Kiedrowski advised that the City could not stop them from requesting, but it has been discussed with them and they have submitted documentation to the City verifying they can build the project putting in the other required improvements at their expense. Council Member Sniff stated that this can and will set a precedent for other property owners. The City will have to look to providing assistance for other developments fronting the channel. Mr. Spevacek stated that this is correct. Council Member Sniff stated that the City is starting something that will be difficult not to continue. Mr. Spevacek advised that this was started when the City adopted the plan for Project Area No. 2. This was one of the primary reasons stated in the Plan and supporting documentation when creating the Agency. In response to Council Member Franklin, Mr. Spevacek advised that if the City requests reimbursement from the Coachella Valley Water District, the funds will come back to the Agency. Council Member Sniff questioned if the City will have a continuing responsibility in the event that the facilities constructed, fail. • .l City Council Minutes 10 January 15, 1991 Mr. Kiedrowski advised that once built, the City will ask the Coachella Valley Water District to take over maintenance. In the past the District has done so. RESOLUTION NO. 91 -1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND LA QUINTA REAL ESTATE PARTNERSHIP; DETERMINING THAT THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ADJACENT TO THE SITE IS OF BENEFIT TO REDEVELOPMENT PROJECT NO. 2 AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID IMPROVEMENTS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID OWNER PARTICIPATION AGREEMENT. MOTION: It was moved by Council Members Bohnenberger/ Sniff that Resolution No. 91 -1 be adopted approving the agreement as modified. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth Sniff & Mayor Pena NOES: None ABSENT: None ABSTAIN: None COUNCIL MEETING DATE: MAY 15, 1990 ITEM TITLE: ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 89 -41711 AMENDMENT #1. AMENDMENT TO A PLOT PLAN TO CONSTRUCT A COMMERCIAL COMPLEX (RESTAURANT AND OFFICE) ON THE NORTH SIDE OF HIGHWAY 111, 1200 FEET WEST OF WASHINGTON STREET. APPLICANT: T S RESTAURANTS AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: BACKGROUND: The Planning Commission approved an Amendment to this project at. their meeting of May 8, 1990. The change affects architectural style and site plan layout. FISCAL IMPLICATIONS: None APPROVED BY: RECOMMENDATION• By minute motion, accept for file this report of action taken by the Planning Commission. Suhmittpd hv! BJ /CC #5/15.F2 Approved for submission to City Council: RON KIEDROWSKI, CITY MANAGER .� r�1A �/ I- FROM: DATE: SUBJECT: APPLICANT: ENVIRONMENTAL CONSIDERATIONS: BACKGROUND- MEMORANDUM HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL PLANNING & DEVELOPMENT DEPARTMENT MAY 15, 1990 REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 89 -417, AMENDMENT #1 T S RESTAURANTS A NEGATIVE DECLARATION WAS APPROVED IN CONJUNCTION WITH THE ORIGINAL APPROVAL ON SEPTEMBER 6, 1989. THIS AMENDMENT WILL NOT CREATE ANY NEW OR ADDITIONAL IMPACTS AND THEREFORE NO FURTHER DOCUMENTATION IS DEEMED NECESSARY. The Applicants have requested approval to amend their approved plot plan. The major changes are a change of the architectural style from a "Southwestern" design utilizing tan stucco walls and flat tile roof to a "Early California Hacienda" style utilizing white walls for the restaurant and tan or beige for the office building. The roof tile is proposed to be a "washed out" orange /tan barrel tile. The Applicant is trying to recreate the La Quinta Hotel look. While the restaurant is still two stories high, the drop off area covered by the second story has been shortened and a small parking area added between the two structures. The attached Planning Commission Staff reports provides a thorough description of the proposed amendment. This case was originally approved by the City Council at their meeting of September 6, 1989. Normally, Council's action would be to accept a report of the Planning Commission action, but in this case the City Council reviewed -the case because of concerns with traffic a6cess and the streams and waterfalls on Point Happy. BJ /MEMOSS.030 - 1 - I- -- --1 t. o/ These concerns were resolved when full turning access was permitted only if Caltrans grants approval and the plans were revised so that the waterfall and streams height on Point Happy not exceed approximately 143 feet. These items are not being modified by this requested amendment. PLANNING COMMISSION ACTION: The Planning Commission reviewed the revised plan at the meeting of May 8, 1990. The Planning Commission felt the revised plan was acceptable and on a 4 -0 -1 (Walling abstaining) approved the request. There was one change to Condition #21 which was due to a typographical error. RECOMMENDATION: By minute motion, accept the report of action taken by the Planning Commission approving amendment #1 to Plot Plan 89 -417. Attachments: 1. Conditions of Approval 2. Planning Commission Staff report dated May 8, 1990 3. Plans and exhibits BJ /MEMOSS.030 - 2 - M .� ,CONDITIONS OF APPROVAL - APPROVED PLOT PLAN NO. 89 -417, AMENDMENT #1 MAY 8, 1990 PLANNING AND DEVELOPMENT DEPARTMENT 1. The development of the site shall generally be in conformance with the Exhibits contained in the file for Plot Plan #89 -417, Amendment #1 unless otherwise amended by the following conditions. 2. The approved Plot Plan shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not including grading, which is begun within the one -year period and is thereafter diligently pursued to completion. 3. Outside lighting shall be shielded and directed so as not to shine directly upon surrounding adjoining property or public rights -of -way. Lighting plans including light pole heights shall be reviewed and approved by the Planning Director. Lighting to be in conformance with the City Ordinance requirements. 4. Issues pertaining to liability, damages, construction, etc., due to- waterfall /ponds on "Rock" parcel to the east, shall be resolved by written agreement approved by the City Attorney prior to issuance of any permits for this project. Goal of this Condition is to either have waterfall /pond and other restaurant improvements on "Rock" parcel with "Hold Harmless" agreements or modify property line between subject property and "Rock" parcel so that waterfall /pond and other restaurant improvements are not on "Rock" parcel. S. Parcel Map #22596 shall be recorded prior to issuance of any permits for this development. 6. A "Hold Harmless" agreement in favor of the City shall be recorded to release City and /or property owner of easterly parcel from liability caused by damages and /or injuries, etc., from landslides, falling rock, etc. Agreement shall be approved by City Attorney prior to issuance of any permits for this development. 7. Building heights shall be clarified prior to issuance of building permit to verify compliance with applicable zoning requirements. 8. Minimum 25% of parking spaces shall be provided during valet hours as self - parking areas as required by Code. BJ /CONAPRVL.004 - 1 - Conditions of 'oproval - PP 89 -417, Amend -qnt #1 May 8, 1990 9. Along west property line a 4 -foot high decorative masonry wall and or berm shall be provided. 10. Any scarring of hillside caused by this development shall be treated chemically to match existing rocks. 11. No alterations or construction on hillside other than that allowed by this approval, shall occur without prior approval of Planning Director and City Engineer. 12. A sign program for all signs shall be approved by the Planning Commission prior to construction of sign(s). 13. Prior to issuance of any grading or building permits, developer shall cause City of La Quinta to retain a qualified archaeologist at developers expense, to review prior Archaeological Study RIV -150. If subject site is not completely covered by previous studies, on -foot survey of site shall be done and mitigation and monitoring plan for artifact location and recovery shall be prepared. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: a. Identify the means for digging test pits; b. Allow sharing the information with the CVAS; and C. Provide for further testing if the preliminary -results show significant materials are present. The final plan shall- be submitted to the Planning and Development Department for final review and approval. Prior to the issuance of a Grading Permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. A list of qualified archaeological monitor(s), cultural resources management firm employees, and any assistants) /representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail to the Planning and Development Department. BJ /CONAPRVL.004 - 2 - Conditions of A—roval - PP 89 -417, AmendmP -t #1 May 8, 1990 The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recovery, the developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 14. Prior to the issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and /or clearances from the following public agencies: o City Fire Marshal Cal Trans City of La Quinta Public Works Department - o Planning and Development Department, Planning and Building Divisions Coachella Valley Water District —o Desert Sands Unified School District Evidence said permits or clearances -from _the above- mentiond agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 15. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. f6. Applicant shall improve or bond for his share of street improvements along street frontage of site as required by pending Highway 111 Specific Plan. These improvements may include, but are not limited to: a. Landscaped median island. b. Curb, gutter, and sidewalk. �. Applicant shall participate in installation of his share of Riverside County bike path along Whitewater Storm Channel, as required by City of La Quinta, if deemed necessary. 1-8. Project shall be restricted to vehicular right turns in and out per Caltrans approval, unless Caltrans approves additional turning movements. BJ /CONAPRVL.004 - 3 - i Conditions of Aoproval - PP 89 -417, Amendment #1 May 8, 1990 M 19. A geological technical study shall be prepared by a qualified engineer to verify that the mountain slopes are stable and will support the proposed development. Mitigation measures, if necessary shall be implemented as a part of the project. 20. water level is approved at the lower elevation shown on previously approved plans (September 6, 1989) and the Applicant shall be allowed to resubmit at a higher elevation if he can justify it. 21. Applicant /Owner shall allow City to install a "City entry" sign within 50 -foot landscape buffer if deemed necessary by City. Sign to be in location that does not obstruct complex or complex signage 22. All applicable parking development standards shall be complied with. Plans to be revised to comply prior to issuance of any building permit. 23. Landscaping plan to emphasizes low water usage planting and emitter or drip. irrigation where feasible. Prelinimary and final landscaping and final irrigation plans to be submitted and approved by Design Review Board prior to issuance of building permit. 24. Parking lot area to be screen from Highway 111 through use of berming and /or walls. 25. Sidewalk to meander with plan for design to be approved by Planning and Development Department prior to issuance of permit for construction of sidewalk. 26. Project may be phased; parking spaces for structure adequate to comply with parking requirements shall be provided. 27. All pad areas not constructed with Phase I that are graded shall be seeded and temporarily irrigated with wildflower mix. 28. All mechanical equipment shall be screened with architecturally compatible materials and approved by Planning and development Department. FIRE MARSHAL: 29. Provide or show there exists a water system capable of delivering 3,000 gpm for a three hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. BJ /CONAPRVL.004 - 4 - ..� Conditions of An roval - PP 89 -417, Amendment #1 May 8, 1990 i 30. A combination of on -site and off -site super fire hydrants " (6" X 4" X 2 -1/2" X 2 -1/211) will be located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 31. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connector shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). System plans must be submitted with a plan check/ inspection fee to the Fire Department for review. A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 32. Install a Hood Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check /inspection fee, to the Fire Department for review. 33. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1OBC in rating. Contact certified extinguisher company for proper placement of equipment. PUBLIC UTILITIES: 34. All conditions and -requirements of Coachella Valley Water District shall be met. BJ /CONAPRVL.004 - 5 - I'� t� R t� :� NOTICE 0 yr Lt% VUIN I A CITY COU9CIL PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta City Council will hold a PUBLIC HEARING on May 15, 1990, at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78 -105 Calle Estado, on the following item: ITEM: PLOT PLAN 89 -417 AMENDMENT #1 APPLICANT: T.S. ENTERPRISES LOCATION: NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1200 FEET WEST OF WASHINGTON STREET REQUEST: APPROVAL OF A MODIFICATION TO A PREVIOUSLY APPROVED PLOT PLAN TO CONSTRUCT A COMMERCIAL COMPLEX CONSISTING OF A 10,250- SQUARE -FOOT RESTAURANT AND 10,000 - SQUARE -FOOT OFFICE - BUILDING IN THE C--P -S ZONE- LEGAL: A PORTION OF APN 613 - 770 -022 C. V M! O• 7�O�QM L�rtav�( %��9•g17 J r4" Nlry MAR The La Quinta Planning and Development Department has previously completed an environmental assessment on the original Plot Plan. Based upon this assessment, a Negative Declaration was approved. This modification will not have any additional impacts and therefore, no further documentation is deemed necessary. Any person may submit written comments on the proposal to the Planning and Development Department prior to the Hearing and /or may appear and be heard in support of or opposition to the Plot Plan at the time of the Hearing. If you challenge the decision of this Plot Plan in court, you may be limited to raising only those issues that you or someone else raised either at the Public Hearing or in written correspondence delivered to the Planning and Development Department at, or prior to, the Public Hearing. The proposed Plot Plan file may be viewed by the public Monday through Friday from 8:00 a.m. until 5:00 p.m. at the Planning and Development Department, La Quinta City Hall, 78 -099 Calle Estado, La Quinta, California. --------------------------------------------------------- - - - - -- --------------------------------------------------------------- DO NOT PRINT BELOW THIS LINE PUBLISH ONCE ON MAY 4, 1990 L LA QUINTA CITY COUNCIL MINUTES SEPTEMBER 6, 1989 Regular meeting of the La Quinta City Council was called to order at the hour of 7:30 P.M. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Kiedrowski asked that Consent Item No. 3 be removed from the agenda. PRESENTATIONS Mayor Pena presented the La Quinta Beautiful Awards for July as follows: MOST BEAUTIFUL: Mr. & Mrs. Jensen, 52 -470 Avenida Madero MOST IMPROVED: Miss Cathy Brocker, 53 -685 Avenida Obregon HONORABLE MENTION: Mr. & Mrs. Webb, 53 -251 Avenida Velasco Mayor Pena also presented the La Quinta Beautiful Awards for August as follows: MOST BEAUTIFUL: Mr. & Mrs. Strange, 77 -480 Calle Colima MOST IMPROVED: Mr. & Mrs. Johnston, 52 -415 Avenida Carranza - HONORABLE MENTION: Mr. & Mrs. Abarca, 50 -735 Calle Quinto ANNOUNCEMENTS- None I UAI -"In C� :ht `��4Z[_ 1. CONTINUED PUBLIC HEARING ON GENERAL PLAN AMENDMENT 88 -021 FROM MEDIUM AND HIGH DENSITY RESIDENTIAL TO MEDIUM AND HIGH DENSITY RESIDENTIAL AND GENERAL COMMERCIAL: CHANGE OF ZONE 88 -035 FROM R -1 AND R -2 -8000 TO C -P, R -3 AND R -1; SPECIFIC PLAN 88 -012 AND TENTATIVE TRACT 23995 - FOR MIXED USE DEVELOPMENT AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. PROPERTY LOCATED BETWEEN WASHINGTON, MILES, ADAMS AND THE STORMWATER CHANNEL - APPLICATION BY A. G. SPANOS. Mr. Herman presented staff's report advising that issue was carried over by the City Council on July 5th asking the applicant to place the commercial nearer the intersection of Miles and Adams and limit the multi - family to two story. He noted that to date, no revised submittals have been made to the City. However, he noted that Conditions 3b and c have been modified to more accurately reflect the Planning Commission's action with regard to permitted uses. City Council Minutes Page 2 September 6, 1989 TOM ALLEN, representing A. G. SPANOS CONSTRUCTION, addressed the Council advising that they examined the possibility of moving the commercial as directed by Council, but following that examination, they concluded that its present location is where it's best suited. RUEL YOUNG, Architect for the project, explained their rationale in arriving at their conclusion, describing interior and exterior traffic patterns and pointing out the fact that by leaving it where it is, the multi- family provides a buffer between the commercial and residential. He concluded in saying that it was their opinion that the neighborhood would be better served by placing the commercial in the middle. In response to questions by Council, Mr. Young advised that the distance between Washington and Adams is about 3,200' - there will be about 1,400' between Washington and their proposed signal. Council Member Sniff was of the opinion that this proposed commercial development would have the potential to impact The Village and Highway 111 commercial. Although he was not in favor of the proposal, he felt that for success, the commercial would have to be located as close to Washington as possible. RON ROUSE, Attorney for the applicant, 4250 Executive Square, Suite 700, La Jolla, didn't feel that commercial would be compatible with the church located on Miles at Adams. He pointed out that the Planning Commission recommended approval of the General Plan Amendment; the re- zoning to R -3; the Tentative Tract; and Specific Plan. Regarding the height in the multi - family, the Specific Plan limits the height to two story subject to special set -back requirements. However, they are requesting an opportunity to present in the future, potential for some limited three -story units in the interior area. This would require Council approval at such time that a request would be made. The Mayor declared the public hearing OPEN. MIKE SHOVLIN, 71 -084 Tamarisk Lane, Rancho Mirage, advised that he owns 65 acres of commercial property on Washington and Highway 111 that goes to Adams. He's currently working with the City to develop this property, which is in the interest of the City and will serve the total needs of the City. He was against commercial on Miles, because of all the vacant commercial on Washington and Highway 111. He hoped that his first phase will be in grading by the end of the year and they plan to be able to satisfy the total needs of the community. CHRIS CLARKE, 1.0100 Santa Monica Blvd., Century City, advised that her company owns about 900 acres in the area of the proposed project. She felt that the northern sphere desperately needs commercial. The commercial planned for Highway 111 is planned as major commercial as opposed to this project being neighborhood commercial, which she felt will be very beneficial to the area. She didn't feel that 7.6 acres will compete with Highway 111. City Council Minutes Page 3 September 6, 1989 There being no one else wishing to speak, the hearing was CLOSED. In answer to questions by Mayor Pena, Mr. Herman advised that all surrounding land uses are residential. Regarding the access road into the multi - family, it is planned to be signalized regardless of whether or not the commercial goes in. Council Member Rushworth believed that it's time to place commercial in the northern sphere. It it isn't done, all of our citizens will have to drive to Country Club or Indio. He felt that this will relieve traffic congestion on Highway 111. He didn't feel that it will detract from development in the Cove. He was strongly in favor of it. Council Member Bohnenberger agreed, adding that we will be bringing revenue to the City that—is currently going elsewhere. He noted that we already have 2,000 homes approved for this area. He added that he concurred with the recommended conditions and wished to see the City move forward with this project. Council Member Bosworth felt that the City would benefit much more if Highway 111 and The Village were developed first. She strongly felt that the multi - family should be limited to two stories - it would set a precedent. Council Member Sniff wished to see commercial development, but not so proliferated that it dilutes itself. He felt that it would be an error to have pockets of commercial scattered all over the City. He believed that commercial development on Highway 111 can also serve the northern sphere. He added that three story apartments would be a mistake. Mayor Pena felt that we do have too much commercial - the market is going to have to shake itself out depending on the marketplace. He commented that we haven't had any commercial built in the last five years. The reason, he was not in favor previously, is because of the need to signalize another intersection, as he prefers to keep the streets as through as possible. However, it appears, that there's going to be another signal regardless of the commercial. He didn't believe that there would be competition with The Village, as that is planned as a strolling type center. His main concern was the types of businesses that go in and keeping traffic patterns to a minimum. RESOLUTION NO. 89 -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF GENERAL PLAN AMENDMENT NO. 88 -021, A REQUEST TO AMEND THE LA QUINTA GENERAL PLAN LAND USE MAP FROM MEDIUM AND HIGH DENSITY RESIDENTIAL TO MEDIUM AND HIGH DENSITY RESIDENTIAL (ALTERED CONFIGURATION) AND GENERAL COMMERCIAL AND CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT NO. 88 -099. (CASE NO. GPA 88 -021 - A.G. SPANOS). It was moved by Council Members Bohnenberger / Rushworth that Resolution No. 89 -95 be adopted. Motion carried with Council Members Bosworth and Sniff voting NO. City Council Minutes. Page 4 _ September 6, 1989 MOTION - It was moved by Council Members Bohnenberger /Rushworth that Ordinance No. 146 be taken up by title and number only and that full reading be waived. Motion carried with Council Members Bosworth /Sniff voting NO. 89 -93. ORDINANCE NO. 146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE NO. 88 -035. It was moved by Council Members Bohnenberger /Rushworth that Ordinance No. 146 be introduced. Motion carried with Council Members Bosworth /Sniff voting NO. RESOLUTION NO. 89 -96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA GRANTING APPROVAL OF SPECIFIC PLAN NO. 88 -012 AND CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT NO. 88 -099. (CASE NO. SP 88012 - A. G. SPANOS CONSTRUCTION, INC.) It was moved by Council Members Resolution No. 89 -96 be adopted. Members Bosworth /Sniff voting NO. RESOLUTION NO. 89 -97 Bohnenberger /Rushworth that Motion carried with Council A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA GRANTING CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT NO. 88 -099 AND APPROVAL OF TENTATIVE TRACT NO. 23995 TO ALLOW THE CREATION OF A COMMERCIAL AND RESIDENTIAL SUBDIVISION ON A 132.5 ACRE SITE. (CASE NO. TT 23995 - A.G. SPANOS CONSTRUCTION, INC.). It was moved by Council Members Bohnenberger /Rushworth that Resolution No. 89 -97 be adopted. Motion carried with Council Members Bosworth /Sniff voting NO. 2. PUBLIC HEARING ON LOT CLEANING /WEED ABATEMENTS AND PLACEMENT OF COST ON 1990/91 TAX ROLLS: ANDERSON, KENNETH APN 773 - 254 -003 $150.00 ARNOLD, MOYNE C. APN 773 - 313 -019 $150.00 CHANG, FENG TZE APN 773 - 232 -014 $150.00 GANDY, RAY & NORMA APN 773 - 313 -017 $150.00 GARRICK, FREDA APN 773 - 324 -012 $150.00 GRAHAM, CHARLES E. APN 773 - 323 -014 $150.00 NEWDELL, ROBERT & NORMA APN 773 - 254 -011 $150.00 MCCORMICK, STEVEN & MELISSA APN 773 -314 -013 $150.00 MCCORMICK, STEVEN & MELISSA APN 773 - 314 -012 $150.00 MCCORMICK, STEVEN & MELISSA APN 773 - 314 -011 $150.00 SAN FERNANDO AIRPORT CORP. APN 773 - 234 -007 $150.00 City Council Minutes Page 5 September 6, 1989 Mr. Kiedrowski advised that all of the above lots have been cleaned and to date, have not been paid. He recommended that they be placed on the 1990/91 tax rolls for collection. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89 -98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ASSESSING LIEN AND PROVING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff /Rushworth that Resolution No. 89 -98 be adopted. Motion carried unanimously. Note for record: Prior to recordation of resolution, the bills to Chang and Gandy were paid. 3. PUBLIC HEARING ON ZONING ORDINANCE TEXT AMENDMENT 89 -009 TO AMEND THE FENCING REGULATIONS TO REQUIRE DECORATIVE FENCES AND WALLS IN THE FRONT YARD IN THE SPECIAL RESIDENTIAL ZONE (SR). Mr. Herman advised that the Planning Commission has recommended an amendment to the City Code which provides, 1) if a fence is destroyed by more than 50% it would require it to be reconstructed in conformance with City standards; and 2) requires fences in front yards and street side yards in the SR Zone to be� constructed of a masonry product or ornamental iron /tubular steel and gates must be of ornamental iron /tubular steel or minimum 4" wide cedar or redwood and stained or painted to match or complement the adjacent wall or structure. He pointed out that the side and rear yards will still be allowed to be wood construction. In response to Council Member Bohnenberger, Mr. Herman advised that wood and a living hedge.would not be allowed in a front yard. He added that chain -link fencing with vegetation would only be allowed in the side and rear property lines - not in the front yard. The reasoning behind these amendments deal with aesthetics, deterioration and quality of materials used in the construction of fences since we have no standards. The Commission did discuss the possibility of adopting standards regarding wood fencing and chose to proceed in this direction. Council Member Sniff asked if the Commission considered allowing the use of a combination of block and wood and Mr. Herman advised not. Following discussion, Council Member Bohnenberger suggested that this matter be continued to the next meeting and discuss it in the next study session. City Council Minutes Page 6 September 6, 1989 The Mayor declared the public hearing OPEN. ANN YOUNG, 77 -526 Calle Nogales, advised that she was the one who introduced this matter to the Planning Commission due to the unsightliness of many wooden fences in front of houses making them look like back - yards. MOTION - It was moved by Council Members Bohnenberger /Sniff that this matter be continued to the next meeting and that it be placed on the next study session agenda. Motion carried unanimously. MINUTE ORDER NO. 89 -94. 4. PUBLIC HEARING ON TENTATIVE TRACT 24507 FOR DIVISION OF 35 +ACRES INTO 25 SINGLE FAMILY ESTATE LOTS AND ONE WELL SITE LOT, LOCATED ON THE NORTH SIDE OF AVENUE'-52, APPROXIMATELY 2,650' EAST OF THE JEFFERSON STREET CENTERLINE AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT - APPLICANT: STEVEN BRUMMEL, ET AL. Mr. Herman described the location of the proposed tract advising that it is within an area currently under an annexation proceeding. The General Plan will designate the area as "very low density residential" resulting in 0 -2 units per acre. This project conforms to that designation at .78 units per acre. The Planning Commission has reviewed the map and recommends approval of it subject to conditions. In response to Council Member Sniff, Mr. Herman advised that the annexation should be completed soon after the first of the year. STEVEN BRUMMEL, Calle Rosarito, La Quinta, applicant, advised he plans 25 country estate homes which will be compatible with what is planned in the area and will be similar to Green Valley Estates and will be estates rather than ranchettes. The lot sizes will range from a minimum of one acre up to three acres. The house sizes will range from 4,500 sq. ft. to 8,500 sq. ft. and will sell from $800,000 to $2,000,000. He added that he is prepared to begin development as soon as the annexation is complete. GABE PAPP, with J.F. Davidson and Assoc., Engineers for the developer, advised that they concur with all of the recommended conditions. The Mayor declared the public hearing OPEN. There being no one else wishing to speak, the hearing was CLOSED. City Council Minutes Page 7 _ September 6, 1989 RESOLUTION NO. 89 -99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONCURRING WITH THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF TENTATIVE TRACT NO. 24507 TO ALLOW THE CREATION OF A 25 -LOT RESIDENTIAL SUBDIVISION ON A 35 +ACRE SITE. (CASE NO. TT 24507 - STEVEN BRUMMEL). It was moved by Council Members Sniff /Bohnenberger that Resolution No. 89 -99 be adopted. Motion carried unanimously. 5. PUBLIC HEARING ON TENTATIVE TRACT 24774 FOR DIVISION OF 40 GROSS ACRES INTO 136 SINGLE FAMILY LOTS AND ONE PARK SITE /RETENTION BASIN, LOCATION AT THE NORTHWEST CORNER OF AVENUE 54 AND MADISON STREET AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT - APPLICANT: BUD FURMAN. Mr. Herman described the location of the proposed tract as being immediately north of the PGA West Fire Station and is within an area currently under an annexation proceeding. This proposed project consists of 136 lots (minimum 7,200 sq. ft.) for single family development and a 1.5 acre retention basin which the applicant proposes to utilize as a passive park. The tract is laid out with a collector street connecting Avenue 54 with Madison. All streets will be public. -The Planning Commission has recommended approval of the map with conditions. BOB SMITH, with Mainero, Smith & Assoc., representing the applicant, advised that they concur with all recommended conditions. In response to Council Member Bohnenberger, Mr. Smith advised that the applicant has arranged for a builder to come in and build the homes. MR. PIPPIN, Builder of the project, 1111 Tahquitz, Palm Springs, advised that the homes will range from 1,800 sq. ft. to 2,500 sq. ft. and will be priced between $160,000 and $220,000. They are ready to proceed upon completion of the annexation. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. RESOLUTION NO. 89 -100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS CONFIRMING THE ENVIRONMENTAL DETERMINATION AND GRANTING APPROVAL OF TENTATIVE TRACT 24774 TO ALLOW THE CREATION OF A 136 SINGLE FAMILY LOT SUBDIVISION ON A 40 GROSS ACRE SITE. (CASE NO. TT 24774 - BUD FURMAN). It was moved by Council Members Bohnenberger /Sniff that Resolution No. 89 -100 be adopted. Motion carried unanimously. City Council Minutes Page 8 September 6, 1989 At this time, the Consent Calendar was taken out of order on a request of a citizen. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF AUGUST 1, 1989. 3. REMOVED FROM THE AGENDA. 4. APPROVAL OF FINAL TRACT MAP 24317 -1 AND RELATED AGREEMENTS - PGA WEST. 5. APPROVAL OF WAIVER OF $75 FILING FEE FOR MINOR TEMPORARY OUTDOOR EVENT 89 -014 - DESERT BICYCLE CLASSIC ON SEPTEMBER 23, 1989 - APPLICANT: SCOR PRODUCTIONS. 6. ACCEPTANCE OF REPI 89 -009 TO ALLOW OF 20 FEET IN THE ALLOW A 15 1/2' ERROR, LOCATED AT TUVELL. DRT OF PLANNING COMMISSION ACTION ON VARIANCE VARIANCE FROM THE FRONT YARD SETBACK REQUIREMENT SPECIAL RESIDENTIAL SINGLE FAMILY (SR) ZONE TO FRONT YARD SET BACK FOR RESIDENCE CONSTRUCTED IN 51 -701 AVENIDA MARTINEZ - APPLICANT: MICHAEL 7. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON VARIANCE 89 -007 TO CREATE A LOT WHICH IS MORE THAN 2 1/2 TIMES LONG THAN WIDE (VARIANCE TO SECTION 9.42.050 B(2), LOCATED AT 53 -120 HERRERA - APPLICANT: CAROL CLEEK. 8. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PUBLIC USE PERMIT 89 -004 TO CONVERT AN EXISTING SINGLE FAMILY RESIDENCE TO AN OFFICE FOR GOVERNMENTAL PURPOSES, LOCATED AT 51 -351 AVENIDA BERMUDAS - APPLICANT: CITY OF LA QUINTA. 9. ADOPTION OF RESOLUTION CANCELLING AGRICULTURAL PRESERVE. 10. AMENDMENT TO AGREEMENT WITH TRI -LAKE CONSULTANTS FOR CONSTRUCTION OBSERVATION SERVICES FOR PHASE II OF THE COVE IMPROVEMENT PROJECT. 11. ACCEPTANCE OF GRANT DEED FOR WASHINGTON STREET RIGHT OF WAY. 12. AUTHORIZATION TO CALL FOR BIDS FOR WATER TRUCK. 13. APPROVAL OF PARCEL MAP NO. 23.749 - LA QUINTA HOTEL TENNIS CLUB. 14. APPROVAL OF AGREEMENT WITH LEIGHTON & ASSOC. FOR GEOTECHNICAL SERVICES IN PHASE II OF COVE IMPROVEMENT PROJECT. 15. DENIAL OF CLAIM OF LUZ COVARRUBIAS. City Council Minutes Page 9 September 6, 1989 16. DENIAL OF CLAIM OF JOE KIRKWOOD. MOTION - It was moved by Council Members Bohnenberger /Sniff that Consent Items 1 - 16 (Item 3 removed) be approved as recommended with Items No. 1 and 9 being approved by RESOLUTION NOS. 89 -101 and 89 -102 respectively. Motion carried unanimously. MINUTE ORDER NO. 89 -95. WRITTEN COMMUNICATIONS a. Letter from Children's Museum of the Desert regarding funding. The Mayor summarized this letter and following Council discussion concluded on writing a letter referring them to the Community Services Grant Program in the Spring. b. Letter from July 4th Greater Desert Fireworks regarding funding. The Mayor summarized this letter and following Council discussion, concluded on writing a letter referring them to the Community Services Grant Program in the Spring if they plan to stage another event next year. c. Letter from Residents for an even better La Quinta. The Mayor summarized this letter advising that other letters being more definitive will follow. BUSINESS SESSION 1. AWARD OF BIDS: A. JEFFERSON STREET RECONSTRUCTION TO LOW BIDDER - MASSEY SAND AND ROCK IN THE AMOUNT OF $235,353.80. B. LANDSCAPING OF MEDIANS AVENUE 54 & MADISON TO LOW BIDDER - SUNSHINE LANDSCAPE IN THE AMOUNT OF $54,000. Mr. Reynolds advised that the low bidder, of five bids received for Jefferson Street reconstruction was Massey Sand and Rock in the amount of $235,353.80. He added that a portion of the project is in the City of Indio and they will be paying about 10% of the total costs. An agreement is being drawn up for same. The work should take between 60 and 90 days. Mr. Reynolds advised that the low bidder, of three bids received for landscaping services of the medians on Avenue 54 and Madison was Sunshine Landscape in the amount of $54,000. He added that staff is talking about retro- fitting the medians to make them water and maintenance conservative, but any changes will be brought to the Council. He recommended that these bids be awarded. a�1 City Council Minutes Page 10 September 6, 1989 MOTION - It was moved by Council Members Sniff /Rushworth that the bid for Jefferson Street reconstruction be awarded to Massey Sand and Rock in the amount of $235,353.80. Motion carried unanimously. MINUTE ORDER NO. 89 -96. MOTION - It was moved by Council Members Sniff /Rushworth that the bid for landscaping services for Avenue 54 and Madison medians be awarded to Sunshine Landscaping in the amount of $54,000. Motion carried unanimously. MINUTE ORDER NO. 89 -97. 2. CONSIDERATION OF ADOPTION OF DESIGN REVIEW STANDARDS. Mr. Kiedrowski noted that the Design Review Standards were discussed in study session. He recommended that they be adopted -- by minute order and that it be brought back to the Council in six months for review and adoption of an ordinance. RESOLUTION NO. 89 -103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING DESIGN REVIEW STANDARDS. t It was moved by Council Members Sniff /Bohnenberger that Resolution No. 89 -103 be adopted and adding the words "to serve as review guidelines" on Page 1, No. 1, after the words "Design Review Standards ". Motion carried unanimously. 3. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 89 -417 - APPROVAL OF COMMERCIAL COMPLEX CONSISTING OF 10,250 SQ. FT. RESTAURANT AND 10,000 SQ. FT. OFFICE BUILDING IN THE CPS ZONE, LOCATED ON THE NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FT. WEST OF WASHINGTON STREET - APPLICANT: TS RESTAURANTS. Mr. Herman advised that the Council considered this application on August 1st and referred it to the Technical Traffic Committee and Planning Commission for consideration of access and the waterfall treatment on Point Happy. The Planning Commission considered these matters and recommends that the Council accept their report in which two conditions were added - Condition No. 23 to restrict vehicular access to right in and right out and also to allow modification to that if Caltrans approves and secondly to require a geological technical study to show that the mountain slopes are stable and will support the development. There was also discussion, about requiring reclaimed water to be used, but that was not made a part of the motion. The new waterfall location is totally behind the building and is not visible from Highway 111. City Council Minutes Page 11 September 6, 1989 In response to Mayor Pena, Mr. Herman advised that the original height of the waterfall was 185' and is now 1501. In response to Council Member Sniff, the City Attorney, Dawn Honeywell, advised that the City is never going to be held libel for reviewing something, as long as they've reasonably looked at it and made a determination. MICHAEL SHOVLIN, 71 -084 Tamarisk, Rancho Mirage, advised that he was representing the applicant and is the owner of the property. Regarding the waterfall, it was designed as landscape treatment as opposed to a "waterfall ". He suggested leaving the door open to further consideration if it's still a concern. Council Member Bohnenberger asked how quickly the owner will be prepared to move ahead and Mr. Shovlin advised that they are prepared to close escrow November 10th and are currently in drawing. They plan to open in the fall of 1990. Council Member Rushworth wished to see the waterfall left as is, but didn't want to see the project defeated because of that. Council Member Sniff stated that if the waterfall is the issue, then he was opposed to it. He was prepared to support it on the basis of the Planning Commission recommendation. Mayor Pena understood that the applicant to wish to see the waterfall with a condition that it be brought back at a later date with a specific design. MOTION - It was moved by Council Members Bohnenberger/Rushworth to approve Plot Plan 89 -417 subject to recommendations of the Technical Traffic Committee and Planning Commission and to include a new Condition No. 25 to approve the waterfall at the lower elevation and allow the applicant to resubmit at a higher elevation if he can justify it. Motion carried unanimously. MINUTE ORDER NO. 89 -98. 4. CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION: THE FIRST EXTENSION OF TIME FOR TENTATIVE TRACT 21939 AND VARIANCE CASE #87 -003 AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT - APPLICANT: CODY & BRADY /GIANNINI. Mr. Herman described the location of Tentative Tract 21939 as being at the end of Avenue 54, west of Jefferson intersection on the west side of the All American Canal. The property includes hillside as a small portion of developable area. There is a condition in the Tract Map that the applicant cannot develop the remaining portion of the hillside and an easement is granted that it is to remain open space forever. City Council Minutes Page 12 September 6, 1989 RESOLUTION NO. 89 -104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A ONE -YEAR TIME EXTENSION - CASE NO. TT #21939 - FIRST EXTENSION OF TIME. It was moved by Council Members Sniff /Rushworth that Resolution No. 89 -104 be adopted. Motion carried unanimously. 5. CONSIDERATION OF MINOR MODIFICATIONS TO PREVIOUSLY APPROVED TENTATIVE TRACT 23773 - LOCATED NORTHWEST OF THE ADAMS ST. AND FRED WARING DR. INTERSECTION - APPLICANT: RICK JOHNSON CONSTRUCTION. Mr. Herman advised that the Planning— Commission has recommended approval of a design change in Tentative Tract 23773 in the street and lot line layout for Phase 2. The modifications are being requested in order to reduce the amount of fill necessary to get proper drainage to the retention area. All other conditions of approval remain the same. RESOLUTION NO. 89 -105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMENTAL ANALYSIS AND GRANTING APPROVAL OF MINOR MODIFICATION TO TENTATIVE TRACT NO. 23773. It was moved by Council Members Bohnenberger /Sniff that Resolution No. 89 -105 be adopted. Motion carried unanimously. 6. CONSIDERATION OF REFURBISHMENT OF TENNIS COURTS AT FRITZ BURNS PARK. Mr. Genovese advised that staff has developed an interim use for the tennis courts at the Fritz Burns Park, while the rest of the site is being site designed and prepared. The construction will include wind screens; nets and court resurfacing as well as some general clean -up. The work is anticipated to be completed by October 1st for use by the general public as well as having some recreation classes held. The work described will cost approximately $31,800 and will be funded from the Landmark Reserve. Mr. Kiedrowski advised the Council has received a copy of a letter from the owner of "The Heritage" volunteering their services to assist the staff in the design of this park and asked for Council's. authorization to negotiate with them for these services. In response to Council Member Sniff, Mr. Genovese advised that restroom facilities are not being planned at this time and pointed out some of the problems associated with restrooms. City Council Minutes _ Page 13 _ September 6, 1989 Council Member Sniff felt that some portables should be looked into and stressed the need to clean -up the area. MOTION - It was moved by Council Members Bohnenberger /Sniff to authorize the expenditure of necessary funds to proceed with the development of the tennis courts at the Fritz Burns Park. Motion carried unanimously. MINUTE ORDER NO. 89 -99. Council asked the City Manager to meet with the owners of "The Heritage" to further discuss their offer. 7. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR ANNUAL LEAGUE CONFERENCE OCTOBER 22 -25, 1989. MOTION - It was moved by Council Members Bohnenberger /Sniff that the Mayor be the voting delegate and that Council Member Rushworth be the voting alternate for the League's Annual Conference. Motion carried unanimously. MINUTE ORDER NO. 89 -100. 8. SECOND READING OF ORDINANCE NO. 145. ORDINANCE NO. 145 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 6.05, RECYCLE MATERIAL, TO THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff /Bohnenberger that Ordinance No. 145 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None COUNCIL COMMENT- None PUBLIC COMMENT- None City Council Minutes Page 14 September 6, 1989 Council adjourned to closed session pursuant to Government Code Sections 54956.9 (a) 54956.9 (c) and 54956.8 and 54957 to discuss litigation; personnel and land acquisitions - in particular: a. Personnel Matters. b. Litigation - George Miers and Associates City of Indio /Indio Case No. 57496 Wayne Weber /John Maselter - Indio Case No. 56867 C. Land Acquisition. Council reconvened with no action being taken. There being no further business, the meeting was adjourned at 10:00 P.M. upon motion by Council Members Sniff /Bohnenberger and carried unanimously. r. Re.S' ectfully submitted, SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California City Council Minutes Page 10 September 6, 1989 MOTION - It was moved by Council Members Sniff /Rushworth that the bid for Jefferson Street reconstruction be awarded to Massey Sand and Rock in the amount of $235,353.80. Motion carried unanimously. MINUTE ORDER NO. 89 -96. MOTION - It was moved by Council Members Sniff /Rushworth that the bid for landscaping services for Avenue 54 and Madison medians be awarded to Sunshine Landscaping in the amount of $54,000. Motion carried unanimously. MINUTE ORDER NO. 89 -97. 2. CONSIDERATION OF ADOPTION OF DESIGN REVIEW STANDARDS. Mr. Kiedrowski noted that the Design Review Standards were discussed in study session. He recommended that they be adopted by minute order and that it be brought back to the Council in six months for review and adoption of an ordinance. RESOLUTION NO. 89 -103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING DESIGN REVIEW STANDARDS. It was moved by Council Members Sniff /Bohnenberger that Resolution No. 89 -103 be adopted and adding the words "to serve as review guidelines" on Page 1, No. 1, after the words "Design Review Standards ". Motion carried unanimously. 3. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 89 -417 - APPROVAL OF COMMERCIAL COMPLEX CONSISTING OF 10,250 SQ. FT. RESTAURANT AND 10,000 SQ. FT. OFFICE BUILDING IN THE CPS ZONE, LOCATED ON THE NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FT. WEST OF WASHINGTON STREET - APPLICANT: TS RESTAURANTS. Mr. Herman advised that the Council considered this application on August lst and referred it to the Technical Traffic Committee and Planning Commission for consideration of access and the waterfall treatment on Point Happy. The Planning Commission considered these matters and recommends that the Council accept their report in which two conditions were added - Condition No. 23 to restrict vehicular access to right in and right out and also to allow modification to that if Caltrans approves and secondly to require a geological technical study to show that the mountain slopes are stable and will support the development. There was also discussion, about requiring reclaimed water to be used, but that was not made a part of the motion. The new waterfall location is totally behind the building and is not visible from Highway 111. .-., w_ . r City Council Minutes Page 11 Seo_tember e, 1989 ,Y In response to Mayor Pena, Mr. Herman advised that the original height of the waterfall was 185' and is now 150'. In response to Council Member Sniff, the City Attorney, Dawn Honeywell, advised that the City is never going to be held libel for reviewing something, as long as they've reasonably looked at it and made a determination. MICHAEL SHOVLIN, 71 -084 Tamarisk, Rancho Mirage, advised that he was representing the applicant and is the owner of the property. Regarding the waterfall, it was designed as landscape treatment as opposed to a "waterfall ". He suggested leaving the door open to further consideration if it's still a concern. Council Member Bohnenberger asked how quickly the owner will be prepared to move ahead and Mr. Shovlin advised that they are prepared to close escrow November 10th and are currently in drawing. They plan to open in the fall of 1990. Council Member Rushworth wished to see the waterfall left as is, but didn't want to see the project defeated because of that. Council Member Sniff stated that if the waterfall is the issue, then he was opposed to it. He was prepared to support it on the basis of the Planning Commission recommendation. Mayor Pena understood that the applicant to wish to see the waterfall with a condition that it be brought back at a later date with a specific design. MOTION - It was moved by Council Members Bohnenberger / Rushworth to approve Plot Plan 89 -417 subject to recommendations of the Technical Traffic Committee and Planning Commission and to include a new Condition No. 25 to approve the waterfall at the lower elevation and allow the applicant to resubmit at a higher elevation if he can justify it. Motion carried unanimously. MINUTE ORDER NO. 89 -98. 4. CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION: THE FIRST EXTENSION OF TIME FOR TENTATIVE TRACT 21939 AND VARIANCE CASE #87 -003 AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT - APPLICANT: CODY & BRADY /GIANNINI. Mr. Herman described the location of Tentative Tract 21939 as being at the end of Avenue 54, west of Jefferson intersection on the west side of the All American Canal. The property includes hillside as a small portion of developable area. There is a condition in the Tract Map that the applicant cannot develop the remaining portion of the hillside and an easement is granted that it is to remain open space forever. R' CONDITIONS OF APPROVAL -FINAL (REVISED) PLOT PLAN NO. 89 -417 SEPTEMBER 6, 1989 PLANNING AND DEVELOPMENT DEPARTMENT 1* The development of the site shall generally be in conformance with the Exhibits "A -A" through "B" contained in the file for Plot Plan #89 -417, unless otherwise amended by the following conditions. 2. The approved Plot Plan shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not including grading, which is begun within the one -year period and is thereafter diligently pursued to completion. 3. Outside lighting shall be shielded and directed so as not to shine directly upon surrounding adjoining property or public rights -of -way. Lighting plans including light pole heights shall be reviewed and approved by the Planning Director. 4. Issues pertaining to liability, damages, construction, etc., due to waterfall /ponds on "Rock" parcel to the east, shall be resolved by written agreement approved by the City Attorney prior to issuance of any permits for this project. Goal of this Condition is to either have waterfall /pond and other restaurant improvements on "Rock" parcel with "Hold Harmless" agreements or modify property line between subject property and "Rock" parcel so that waterfall /pond and other restaurant improvements are not on "Rock" parcel. 5. Parcel Map #22596 shall be recorded prior to issuance of any permits for this development. 6. A "Hold Harmless" agreement in favor of the City shall be recorded to release City and /or property owner of easterly parcel from liability caused by damages and /or injuries, etc., from landslides, falling rock, etc. Agreement shall be approved by City Attorney prior to issuance of any permits for this development. 7. Building heights shall be clarified prior to issuance of building permit to verify compliance with applicable zoning requirements. 8. Minimum 1/8 of parking spaces shall be provided during hours restaurant is open as self - parking areas. BJ /CONAPRVL.004 - 1 - �. 4 9. Trash area for restaurant shall be relocated to provide acceptable access for trash company; separate trash area for office building shall be provided. 10. Monument sign shall be relocated so that it is not in street right -of -way. 11. Along west property line a 4 -foot high decorative masonry wall and or berm shall be provided. 12. Any scarring of hillside caused by this development shall be treated chemically to match existing rocks. 13. No alterations or construction on hillside other than that allowed by this approval, shall occur without prior approval of Planning Director and City Engineer. 14. 11 -foot wide spaces for end spaces with restricted back -up area and handicap spaces per City code requirements shall be provided. 15. A sign program for all signs shall be approved by the Planning Commission prior to construction of sign(s). 16. Exterior colors visible to Highway 111 shall "blend" with natural color of Point Happy. 17. Prior to issuance of any grading or building permits, developer shall cause City of La Quinta to retain a qualified archaeologist at developers expense, to review prior Archaeological Study RIV -150. If subject site is not completely covered by previous studies, on -foot survey of site shall be done and mitigation and monitoring plan for artifact location and recovery shall be prepared. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: a. Identify the means for digging test pits; b. Allow sharing the information with the CVAS; and C. Provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Planning and Development Department for final review and approval. Prior to the issuance of a Grading Permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. BJ /CONAPRVL.004 - 2 - A list of qualified archaeological monitor(s), cultural resources management firm employees, and any assistant(s) /representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail to the Planning and Development Department. The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recover, the developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 18. A pedestrian walkway shall be provided from parking lot through ground floor of building to entry of restaurant. 19. Prior to the issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and /or clearances from the following public agencies: o City Fire Marshal o Cal Trans o City of La Quinta Public Works Department o Planning and Development Department, Planning and Building Divisions o Coachella Valley Water District o Desert Sands Unified School District Evidence of said permits or clearances from the above - mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 20. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. BJ /CONAPRVL.004 - 3 - 21. Applicant shall improve or bond for his share of street improvements along street frontage of site as required by pending Highway 111 Specific Plan. These improvements may include, but are not limited to: a. Landscaped median island. b. Curb, gutter, and sidewalk. 22. Applicant shall participate in installation of his share of Riverside County bike path along Whitewater Storm Channel, as required by City of La Quinta, if deemed necessary. 23 ** Project shall be restricted to vehicular right turns in and out per Caltrans approval, unless Caltrans approves additional turning movements. 24 ** A geological technical study shall be prepared by a qualified engineer to verify that the mountain slopes are stable and will support the proposed development. Mitigation measures, if necessary shall be implemented as a part of the project. 25 * ** Water is approved at the lower elevation and the Applicant shall be allowed to resubmit at a higher elevation if he can justify it. * Revised by Planning Commission on August 29, 1989. ** Added by Planning Commission on August 29, 1989. * ** Added by City Council on September 6, 1989. BJ /CONAPRVL.004 - 4 - c, 21. Applicant shall improve or bond for his share of street improvements along street frontage of site as required by pending Highway 111 Specific Plan. These improvements may include, but are not limited to: a. Landscaped median island. b. Curb, gutter, and sidewalk. 22. Applicant shall participate in installation of his share of Riverside County bike path along Whitewater Storm Channel, as required by City of La Quinta, if deemed necessary. 23 ** Project shall be restricted to vehicular right turns in and out per Caltrans approval, unless Caltrans approves additional turning movements. 24 ** A geological technical study shall be prepared by a qualified engineer to verify that the mountain slopes are stable and will support the proposed development. Mitigation measures, if necessary shall be implemented as a part of the project. 25 * ** Water is approved at the lower elevation and the Applicant shall be allowed to resubmit at a higher elevation if he can justify it. * Revised by Planning Commission on August 29, 1989. ** Added by Planning Commission on August 29, 1989. * ** Added by City Council on September 6, 1989. BJ /CONAPRVL.004 - 4 - 40 1 i . r or COUNCIL MEETING DATE: SEPTEMBER 6, 1989 ITEM TITLE: REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN NO. 89 -417 - APPROVAL OF COMMERCIAL COMPLEX CONSISTING OF 10,250 SQUARE FEET RESTAURANT AND 10,000 SQUARE FOOT OFFICE BUILDING IN THE C -P -S ZONE LOCATED ON THE NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FEET WEST OF WASHINGTON STREET. BACKGROUND: AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION This item was originally on the City Council agenda of August 1, 1989, as a consent calendar item. The City'Council removed this Plot Plan from the Consent Calendar. The Council identified concerns with traffic access to and from the site along Highway 111, and the streams and waterfalls on Point Happy. This item was referred to the Technical Traffic Committee and Planning Commission for review of those concerns. The Technical Traffic Committee reviewed this item on August 9, 1989, and determined limited access (right turns in and out) was acceptable. The Planning Commission at the meeting of August 29, 1989, reviewed this proposal, based on the Council concerns pertaining to the waterfall impact on Point Happy. After thorough discussion, the Commission reaffirmed its previous action by approving a revised site plan, subject to revised conditions. FISCAL IMPLICATIONS: Restaurant will generate sales tax. APPROVED BY: RECOMMENDATION: By minute motion, determine whether this Plot Plan is acceptable based on recommendations of the Technical Traffic Committee and Planning Commission. BJ /CC #9/6.F12 Approved for submission to City Council: RO KIEDROWSKI, CITY MANAGER 4 l• MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PLANNING AND DEVELOPMENT DEPARTMENT DATE: SEPTEMBER 6, 1989 SUBJECT: REPORT ON REFERRAL TO TECHNICAL TRAFFIC COMMITTEE AND PLANNING COMMISSION ON PLOT PLAN #89 -417, A COMMERCIAL AND RESTAURANT COMPLEX ON THE NORTH SIDE OF HIGHWAY 111, WEST OF WASHINGTON STREET. APPLICANT: T S RESTAURANTS BACKGROUND: The Technical Traffic Committee reviewed the traffic concerns thoroughly at their meeting of August 9, 1989, and determined that right turns in and out would be acceptable. With further documentation and study, full turning movements (left and right turns in and out) may be allowed by Caltrans. This determination will be based on whether there is adequate site distance, stacking, and turning area available. The Planning Commission reviewed the waterfall /pond concerns at their continued meeting of August 29, 1989. The Planning Commission reviewed a revised plan which the Applicant submitted subsequent to the August 1, 1989, Council meeting. The revised plan lowers the upper pond and height of the waterfall so that the upper water level does not exceed the top of the restaurant building. The Planning Commission generally felt that the plan as originally approved was preferred. The majority of the Commission felt the water use was innovative and that waterfalls exist within the desert environment. The Commission discussed the use of non - potable water for the water feature if feasible. The Commission feels the original proposal with the higher waterfall would be an asset to the City. However, they feel as a compromise the revised plan is acceptable. The Commission briefly discussed the access issue and generally felt that full turning movements should be allowed if it can be worked out with Caltrans. BJ /MEMOSS.007 - 1 - The Commission, on a 3 -0 -1 vote (with Chairman Walling abstaining), reaffirmed their previous action by approving the revised site plan (with lower waterfall) and adding the following conditions: 23. Project shall be restricted to vehicular right turns in and out per Caltrans approval, unless Caltrans approved additional turning movements. 24. A geological technical study shall be prepared by a qualified engineer to verify that the mountain slopes are stable and will support the proposed development. Mitigation measures, if necessary shall be implemented as a part of the project. The study to be submitted to the Planning and Development Department and Engineering Department for approval prior to issuance of a grading or building permit, whichever comes first. RECOMMENDATION: By minute motion, determine whether this Plot Plan is acceptable, based on recommendations of the Technical Traffic Committee and Planning Commission. Attachments: 1. Planning Commission Staff report dated August 22,. 1989 (meeting was continued to August 29, 1989). Report includes the following: a. Letter from Applicant dated 8/10/89 b. Excerpt from original plan showing stream /waterfall area. C. Minutes of Technical Traffic Committee meeting of 8/9/89 d. Planning Commission Staff report dated 7/25/89 (excerpt draft conditions of approval) 2. City Council report dated 8/1/89 3. Conditions of Approval for PP #89 -417 4. Letter from Applicant dated August 29, 1989 5. Revised plans BJ /MEMOSS.007 - 2 - BS -2 STAFF REPORT PLANNING COMMISSION MEETING DATE: AUGUST 22, 1989 APPLICANT: T S RESTAURANTS PROPOSAL: PLOT PLAN 89 -417; REFERRAL FROM THE CITY COUNCIL REGARDING APPROVAL OF A PLOT PLAN FOR A COMMERCIAL COMPLEX CONSISTING OF A 10,250- SQUARE -FOOT RESTAURANT AND A 10,000 - SQUARE -FOOT OFFICE BUILDING IN THE C -P -S ZONE LOCATION: NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FEET WEST OF WASHINGTON STREET GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL EXISTING ZONING: C -P -S (SCENIC HIGHWAY COMMERCIAL) ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT 89 -129 HAS BEEN PREPARED IN CONJUNCTION WITH THIS APPLICATION. THE INITIAL STUDY INDICATED THAT POSSIBLE SIGNIFICANT IMPACTS MAY OCCUR IN THE FOLLOWING AREAS: EARTH, LIGHT AND GLARE, LAND USE, TRANSPORTATION, AND .ARCHAEOLOGICAL REMAINS. MITIGATION MEASURES PERTAINING TO THESE ITEMS HAVE BEEN MADE A PART OF THIS PROJECT AND WILL REDUCE THE IMPACTS TO AN INSIGNIFICANT LEVEL, AND THEREFORE, A NEGATIVE DECLARATION WILL BE PREPARED. BACKGROUND: The Planning Commission, at its meeting of July 25, 1989, approved this Plot Plan, subject to conditions. The City Council, at its meeting of August 1, 1989, removed this Plot Plan from the Consent Calendar. The Council identified concerns with traffic access to and from the site along Highway 111, and the streams and waterfalls on Point Happy. The City Council referred the traffic matter to the Technical Traffic Committee for their recommendation. The Committee met on August 9, 1989, and reviewed the traffic access issue thoroughly. The Committee felt that there is adequate sight distance for safe access to and from the site. The Committee's MR /STAFFRPT.088 -1- recommendation is that the Developer may proceed through the City's approval process with vehicular access to the development site being restricted to right- turn -in and right- turn -out only, with the additional provision that the Developer may seek improved access to the site via CalTrans approval procedures in the future. (See attached minutes of Technical Traffic Committee.) PLANNING COMMISSION REVIEW: The City Council requested that the Planning Commission review the streams /waterfalls design to insure that it will have a minimal visual and structural impact on Point Happy. In response to the Council's concern, the Applicant has modified the streams /waterfalls. Originally, the upper pond for the streams /waterfalls was placed so that.. it.was 30± feet -above the highest point of the restaurant. Therefore, the streams /waterfalls would be visible as they cascaded down the mountain. The revised plans lower the upper pond by approximately 30 feet. This lowering places the upper pond at approximately the same level as the top of the building. Therefore, with the line of sight from Highway 111, the water feature should not be visible except just as you reach the site from the west. Lowering the pond and waterfalls will also reduce the structural impact on Point Happy by virtue of the reduced construction and disruption to the mountain. RECOMMENDATION: The Planning Commission should review the revised plan in light of the City Council's concerns and determine acceptability. The Commission, by Minute Motion action, may: 1. Reconfirm its original recommendation. 2. Add a new condition regarding traffic per the recommendation of the Traffic Committee . 3. Accept the redesigned waterfall design and /or further modify the design. Your decision will be reported to the Council on September 6, 1989. attachments: 1. Revised Plans 2. Letter from Applicant dated 8/10/89 3. Excerpt from Original Plan showing Stream /Waterfall Area 4. Minutes of Technical Traffic Committee Meeting of 8/9/89 5. G6i3ditiens ef Appreval fer PP 89 n 7 6. Planning Commission Staff Report dated 7/25/89 (except proposed Conditions of Approval) MR /STAFFRPT.088 -2- August 10, 1989 La Quinta City Council Members La QuI nta City Counc i 1 P.O. Box 1504 La Quinta, CA 92253 Dear Mayor Pena and City Council Members: Thank you for your, input and support on- our proposed restaurant project at the last City Council meeting. We feel as strongly as the City that the location is a unique and significant site, being located at the entrance to the City of La Quinta. Our company's goal is to be able to build a unique project that will remain exciting over the years. Although we seem to be in agreement with the course on most points in the development of the project, I feel the need to stress, once again, how important the water feature on the mountain is to the success of the restaurant. The entire design of the restaurant (and we feel its long term viability) is centered around the waterfall. We plan to keep it very natural and understated and will disturb the hillside as little as possible. We will make sure no erosion takes place and that the water feature is safe in every way. Using local landscape and waterscape architects and engineers, we are confident that we can construct a building and water feature that will satisfy both the City's concerns and our desire to have a dramatic dining experience. Again, thank you for your consideration and we look forward to working closely with you on this project. Sincerely, 6W pvmoto Bill Parsons TS Enterprises,, Inc. Vice - President RECEIVED AUG 15 1989 CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. T S RESTAURANTS OF CALIFORNIA AND HAWAII 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 • (619) 942 -1300 v_,_ Y>>.._,; n,.;_ o_ , . ra.,;r! , n.,r \•a, t alu Tana 66 C qc C I ks/ ilel 1 ti. T"EN - fA 4. 4 la p Z M MEMORANDUM ATTACHMENT 4 TO: Ron Kiedrowski, City Manager FROM: Frank Reynolds, Director of Public Works/ City Engineer DATE - August 10, 1989 SUBJECT: Technical Traffic Committee A called meeting of the Technical Traffic Committee was held at 11:00 A.M. on Wednesday, August 9, 1989. Attendance included: Members: Lloyd Hughes, Caltrans Charley Clay, Desert Sands School District George Conroy, Sheriff's Department Ronald Friedli, Sheriff's Department Dick Barrera, County Road Department Roger Hirdler, City of La Quinta Frank Reynolds, City of La Quinta Staff: Steve Speer, City of La Quinta Guests: John Walling, Walling & McCallum Associates Jerry Herman, City of La Quinta Stan Sawa, City of La Quinta NEW BUSINESS: Access to proposed restaurant at Point Happy from Highway 111 Mr. Reynolds brought the meeting to order and commenced with an oral synopsis of the proposed commercial development located on the north side of Highway 111, between the C.V.W.D. Flood Channel and the rock outcropping know as Point Happy. In his initial briefing, Mr. Reynolds specifically identified vehicular access to the restaurant site as the topic for discussion, and noted that Caltrans, who has jurisdiction of Highway 111, had not addressed the access topic during their review of the project a few weeks earlier. Mr. Reynolds concluded his remarks by stating that when the City Council reviewed the proposed development, it expressed concern regarding the type of vehicular access to the site that would be permitted. As a result of the Council's desire for more information regarding the traffic issue, they referred the topic to the Committee for input which will in'turn be forwarded to the Planning Commission. Mr. Reynolds yielded the floor to Mr. Herman who provided an additional oral presentation /orientation about the specific nature of the commercial development. When Mr. Herman concluded his short presentation Point Happy area prepared by Public Works staff, further orient those in attendance. During the Mr. Hughes (Caltrans) pointed out the twin double create a painted median island directly adja, access point to the development site. Discussion followed the video presentation. a video tape of the was presented to video presentation, yellow lines that :ent to the proposed Mr. Hughes stated that Caltrans had no objection to permit vehicular access to the development site as provided by the current traffic striping since there is adequate sight distance in both directions (approximately 1000'+ as observed from a point 15' north of the - -- traveled way) for vehicles that exit the development- site. - - - It was further observed that current traffic striping legally prevents left turn movements in to, and out of, the development site, .hence allowing only right -turn in and right -turn out access. Mr. Walling (project architect) then inquired about the possibility of installing left turn pockets to provide full access to the site. Mr. Hughes initially indicated that he didn't think Caltrans would approve left -turn pockets, because of prevailing conditions in the immediate vicinity such as: 1) the accident frequency east of the development site at the Vons market access point, 2) the bridge over the C.V.W.D. flood channel is not wide enough to accommodate a left - turn lane, and 3) there is insufficient distance between access points to the east and west of the development site where left -turns are currently allowed, to accommodate back -to -back left turn pockets. The insufficient distance is due to Caltran's desire to provide for deceleration clear of the through- traffic lanes,, therefore, the left -turn pocket needs to be approximately 400 -500 feet long plus additional length to allow for storage. Additional discussion ensued, consisting of predominately, "what if" type questions that precipitated Mr. Hughes retreat to Caltran's official position which is: if the developer desires to revise the current traffic control configuration, he must apply for an encroachment permit and submit traffic study data to support the adequacy of the proposed traffic control revision. Upon receipt of the permit application Caltran's would then comment on what the developer desires. Mr. Walling (project architect) noted the encroachment permit process is several months in length and raised an open question to the Committee to inquire if there was a way to get the project approved without Caltrans' comments on vehicular access to the development site. Mr. Herman responded indicating the project could be processed through the City's approval procedure as having right- turn -in, and right- turn -out access, with a footnote that the developer, through a concurrent independent action with Caltrans, would seek full access to the site. At Mr. Herman's request, Mr. Reynolds summarized the Committee's recommendation. The recommendation is: the developer may proceed through the City's approval process with vehicular access to the development site being restricted to right- turn -in and right- turn -out only, with the additional provision that the developer may seek improved access to the site via Caltran's approval procedures. Mr. Reynolds asked for comments regarding the recommendation to which the Sheriff's Department responded. Lt. Conroy suggested that a raised median island or a barricade in the median be required as it otherwise would be time consuming to enforce compliance of the twin double yellow lines. However, Mr. Friedli withheld the requirement deferring consideration of same to a future date when the outcome of the developer's full access request to Caltran's is known. Mr. Hughes made a final comment noting that Caltrans would not approve a barricade in the median, but would consider a raised median if formally requested. Whereas, no additional comments, or requests for modification were heard, the Committee's recommendation remains as stated. The meeting adjourned at 12:00 PM (Noon) H1 ATTACHMENT 6 STAFF REPORT PLANNING COMMISSION MEETING DATE: JULY 25, 1989 APPLICANT: T S RESTAURANTS PROPOSAL PLOT PLAN NO. 89 -417; APPROVAL OF A PLOT PLAN FOR A COMMERCIAL COMPLEX CONSISTING OF A 10,250 SQUARE FOOT RESTAURANT AND 10,000 SQUARE FOOT OFFICE BUILDING IN THE C-P -S ZONE. LOCATION: NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FEET WEST OF WASHINGTON STREET. - GENERAL - PLAN DESIGNATION: GENERAL COMMERCIAL EXISTING ZONING: C -P-S (SCENIC HIGHWAY COMMERCIAL) ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT #89 -129 HAS BEEN PREPARED IN CONJUNCTION WITH THIS APPLICATION. THE INITIAL STUDY INDICATED THAT POSSIBLE SIGNIFICANT IMPACTS MAY OCCUR IN THE FOLLOWING AREAS: EARTH, LIGHT AND GLARE, LAND USE, TRANSPORTATION, AND ARCHAEOLOGICAL REMAINS. MITIGATION MEASURES, PERTAINING TO THESE ITEMS HAVE BEEN MADE A PART OF THIS PROJECT AND WILL REDUCE THE IMPACTS TO AN INSIGNIFICANT LEVEL, AND THEREFORE, A NEGATIVE DECLARATION WILL BE PREPARED. BACKGROUND The site is the westerly most parcel proposed in Parcel Map #22596 (Revised), which is also on this agenda. That revised parcel map proposes to modify the approval from two parcels (one of which includes Point Happy) to three parcels (a separate parcel for Point Happy). PROPERTY DESCRIPTION The two acre site is unique in location in that immediately to the west and north is the Deep Canyon Stormwater Channel and Whitewater River Stormwater Channel, respectively, and on the east is Point Happy, a rock outcropping that rises approximately 100 feet above the base of the site. The area between the stormwater channels and Point Happy is relatively flat. BJ /STAFFRPT.003 - 1 - PROJECT DESCRIPTION The proposed commercial complex consists of a two story restaurant and two story office building. The structures are constructed slightly into the base of the mountain side along the easterly property line. The restaurant is shown in the middle of the site with the office building at the rear. Parking is located between the buildings and west property line. A one -way drive at the first floor level is proposed beneath the second floor for valet parking. This (first floor) area is primarily open along the west side of the building. Access to the site is from a driveway to Highway 111 in approximately the middle of the southern property line. A unique feature proposed as a part of the restaurant is a waterfall /pond constructed into the side of the mountain. This water feature -is visible to the restaurant patrons at the second floor level (dining area) and at the first floor entry to the restaurant. The feature continues beneath the drive - through lanes emptying into a pond between the parking area and building. Architecture of the structure is Santa Fe /Southwest in nature utilizing beige stucco, tan wood trim, and a brownish concrete tile roof. Proposed preliminary landscaping indicates primarily a desert native low water use design following the architectural design of the buildings. According to the architect, the restaurant will be constructed first with the office building to follow when a major tenant is secured. A statistical breakdown of the project follows: Total Floor Area: Restaurant 10,250 sq. ft. (5,300 sq. ft. serving area) Office Building 10,000 sq. ft. Parking Space Analysis: Required Restaurant 5,300 sq. ft./ 45 sq. ft. = 118 cars Office 10,000 sq. ft. /250 sq. ft. = 40 cars Required 158 Provided: Provided 126 (Shared parking is requested due to different operating hours- restaurant to open at 5:00 P.M. or later when -the offices are normally closed.) BJ /STAFFRPT.003 - 2 - Landscaping Required: Provided: Building Heights: Restaurant: ANALYSIS: 3% of interior parking area Exceeds 3% 33+ feet (measured per code requirements for sloping lots) 42+ feet (as viewed from west) Environmental (primary impacts and mitigation measures): 1. The proximity of the structures to the rock outcropping and the waterfalls /ponds proposed, -create a landslide and erosion potential. Hold harmless agreements and protective walls should be utilized. 2. Coachella Valley Water District has indicated the Applicant will be required to provide concrete slope protection along the stormwater channels and provide facilities to prohibit access to the channels from the site. This should mitigate potential erosion of the stormwater channels. 3. According to the Coachella Valley Archaeological Society, the property has an archaeological past which warrants further survey and research. This must be done prior to any grading or disruptions to the site. 4. The buildings have been architecturally designed and landscaped to maintain the integrity of the topography and blend with the desert environment. Prior to construction, exterior colors and materials (building and landscaping) must be reviewed by the City to insure that this is achieved. General: 5. As noted earlier, the site is a parcel being created from Parcel Map 22596. As such, the precise boundaries are not established. Staff prefers the waterfall on this parcel and not on the "Rock" parcel which is proposed to be dedicated to the City as part of Parcel Map 22596. 6. The project proposes shared parking for the restaurant and office building since their hours of operation do not overlap. Based on the parking provided and building sizes this is acceptable. 7. The Applicant originally proposed all valet parking. They have agreed to provide some self parking to avoid self parking along Highway 111. BJ /STAFFRPT.003 - 3 - 8. Provisions for trash disposal for both buildings needs to be redesigned in order to assure adequate access. 9. The monument sign shown on the plans will need to be relocated out of the right -of -way of Highway 111. 10. Exterior lighting, including parking lot and mountain lighting will need to be shielded to insure a minimum amount of glare and overspill. 11. Staff's major concern partially on the adjacent landslides, maintenance, have the waterfall /ponds However, if the City arrangement, that would bi with having the waterfall /ponds "Rock" parcel is liability due to etc. Staff's preference would be to entirely on the restaurant site. Attorney approves an alternative acceptable to Staff. 12. To facilitate access -from the parking lot to the restaurant, - a walkway through the lot and middle of the building is needed. 13. Some minor modification to the parking lot is necessary to comply with the City requirements. 14. Since the site is visible from the west properties (Indian Wells) and from Highway 111, a 4 foot high decorative wall and /or berm adjacent to the west property line should be installed. The Applicant has agreed to providing this. Adequate screening is shown along Highway 111 by existing topography and new berming. 15. Staff would like to see a minimum amount of disturbance to the rock adjacent to the restaurant. Therefore, any scarring of the rock must be treated to restore them to their original appearance. 16. Signage will need to be approved by the Planning Commission. FINDINGS: 1. Plot Plan #89 -417, as conditionally approved, is consistent with the adopted La Quinta General Plan, in that construction is being limited to the area below a 20% slope and Point Happy is being preserved. 2. Plot Plan #89 -417, as conditionally approved, is consistent with applicable La Quinta Zoning Ordinance requirements and State law. 3. Based on the plans submitted, the subject site is physically suitable for the proposed development, due to topography, zoning and proximity to other commercial development. BJ /STAFFRPT.003 - 4 - 4. The overall development of the land as conditionall, approved, is designed for the protection of the publi( health, safety, and general welfare. 5. Plot Plan #89 -417, as conditionally approved, is if substantial conformance with the "base plan" policies for the Highway 111 Specific Plan. 6. Environmental Assessment #89 -129 has been prepared anc reviewed for this project in accordance with the CaliforniE Environmental Quality Act, and it has been been determines that the project will not result in any significant adverse impact on the environment, and therefore, a Negative Declaration shall be filed upon approval of this project. RECOMMENDATION: Based upon - -the findings and analysis, it --is recommended that Plot Plan #89-417 be approved by minute motion, subject to the attached conditions and that the Commission confirm the environmental determination. Attachments: 1. 2. 3. 4. 5. 6. Location Map History of T S Restaurants received July 11, 1989 Plans of proposed development Comments from applicable agencies and utilities Initial study Conditions of Approval for PP #89 -417 BJ /STAFFRPT.003 - 5 - A C. V. W D. J ;r4 ,re �p� CASE No. STORM ChrAivNEL - h u � /G,yiy,OY h wcIN/TY AfAP N lv.r.l. I rNI., . r TS RESTAURANTS 1 NOT roSCALE RECEIVED J U L 11 1989 CITY OF LA QUINTA TS RESTAURANTS PUNNING & DEVELOPMENT DEPT. Rob Thibaut and Sandy Saxten BEFORE THE START OF TS RESTAURANTS Sandy Saxten started working for Chuck's Steak House of Hawaii as a waiter in 1966. After graduation from Stanford University in 1967, he opened his first restaurant called the Loft, in San Jose, California. - Rob Thibaut,- after graduating _from the University of California at Santa Barbara, joined Sandy at the Loft as a Manager. In 1971, they opened the Symposium Restaurant in Lafayette, California as partners. In late 1971, Sandy and Rob merged their restaurant interests into Borel Restaurant Corp., which expanded to a 16 unit nationwide restaurant chain, operating under the name of Rusty Scupper in major metropolitan areas such as Boston, Philadelphia, Pittsburgh, Chicago, and San Francisco. During that period, Sandy and Rob worked in every phase of the restaurant business. In 1976 the Borel Restaurant Corporation was sold to Nestles of Switzerland, and Sandy and Rob left Borel to form their own privately held restaurant company, TS Restaurants. TS RESTAURANTS - 1977 to Present Sandy's and Rob's new goal was to develop, build, and personally operate a limited number of high quality restaurants in California and Hawaii. By growing at a slow pace, TS felt it could run superior restaurants: o by waiting for the best, unique real estate sites. o by both Rob and Sandy personally working on the architecture and restaurant concept of each new restaurant, and o by personally training each new General Manager. TS chose Lahaina, Maui, as their first area, where they were able to obtain the last waterfront parcel. They opened KIMO's Restaurant in the Spring of 1977. In the twelve years since its opening, KIMO's has become nationally renowned. TIME Magazine tauted it as one of the five best restaurants on Maui. Equally glowing articles have appeared in GOURMET Magazine and newspapers from San Francisco to Boston. In a short period KIMO's has become an "institution" in Lahaina. In the summer of 1978, TS opened JAKE'S LAKE TAHOE which was build overlooking the largest marina on the northwest shore of Lake Tahoe. JAKE's is the center of Tahoe's summer activities, and is ten minutes away from winter skiing at Squaw Valley and Alpine Meadows. JAKE's specializes in fresh seafood and features a seafood bar with a view of the lake. JAKE's is one of the most popular, spots in the area for locals and tourists alike. THE KAPALUA GRILL & BAR was opened by TS in March of 1979. Located at the exclusive Kapalua Resort, the restaurant has a sweeping view of the Maui Mountains and Kapalua Bay. This restaurant concept combines the informality of a New York or San Francisco "Grill" with. the sophisticated cooking of the California cuisine style. - The — restaurant has somewhat of a "country club" atmosphere, enhanced by the fact that it overlooks the 18th green and the Tennis Garden at Kapalua. JAKE's DEL MAR is right on the beach in Del Mar, California, a town famous for its summer horse racing season. Since its opening in January of 1981, the restaurant has been acclaimed as one of the top restaurants in North County San Diego by the San Diego Tribune and SAN DIEGO Magazine. Similar to the Grill & Bar, JAKE's offers a rather sophisticated menu in an informal dining atmosphere. In 1983 TS opened LEILANI's ON THE BEACH. The beautifully designed building with open air decks sits on the main beach at the center of the famous Kaanapali Resort on Maui, Hawaii. The upstairs dining area has distinctive specialties ranging from charbroiled local fresh fish to Kiawe wood smoked ribs, to Shrimp Polynesian style. The downstairs seafood bar and cocktail lanai are only a few feet from the sand. Opened also in 1983, CHARLIE'S GRILL is located north of San Diego on the beach at Cardiff's Restaurant Row. In a 1930's architectural style building, the restaurant captures the spirit of a classy waterfront diner with a lively bar and excellent menu featuring fresh fish and ribs. In October 19849 TS opened CHICO's CANTINA at the Kaanapali Resort on Maui, Hawaii. The tropical Mexican restaurant offers a wide variety of authentic Mexican dishes in a casual atmosphere, sort of "Puerto Vail l arts revisited". The bar itself i s covered by a large palm frond palapa (umbrella) and seems to be set in a tropical Mexican village, complete with taco stand, '55 Chevy, and woody station wagon. In January of 1986, TS opened KEOKI's PARADISE in Poipu Beach, Kauai. This seafood restaurant has already been tauted as one of the most unique and tropical settings on the island. You enter over a bridge with waterfalls on both sides, crashing into a pond below. This pond forms a stream which flows through the building, surrounded by lush Hawaiian vegetation. In June 1987, TS remodeled and re- opened SUNNYSIDE RESTAURANT AND LODGE on the West Shore of Lake Tahoe. This mini - resort includes 23 rooms, a marina and a stunning view of Lake Tahoe from almost every seat in the restaurant. The new restaurant backed by forty years of dining tradition makes this location one of the classic spots in California. In May of 1989, TS opened DUKE's CANOE CLUB in Chris Hemmenter's Kauai Westin Resort. DUKE's is a named after the world famous and much loved Duke Kahanamoku. The dining room is filled with pictures of Duke plus his original wood surfboards and canoe. The dining room overlooks a 100 foot waterfall flowing through the open air building and Nawiliuli Bay. FUTURE OF TS RESTAURANTS All ten TS Restaurants have shown steady increases in both sales and profit since their opening. TS Restaurants continues to look for unique locations in California and Hawaii which will meet the company standards of high quality restaurants and hopes to continue to expand at a moderate pace when such locations become available. RESTAURANT VOLUMES In the 1988 calendar year TS Restaurant's gross volumes will be: Kimo's of Lahaina (165 seats) Kapalua Grill & Bar, Maui (145 seats) Jake's Del Mar (155 seats) Leilani's, Kaanapali Beach (180 seats) Charlie's, Cardiff -by- the -Sea (135 seats) Jake's, Tahoe (110 seats) Chico's Cantina, Maui (140'seats) Keoki's Paradise, Kauai (130 seats) Sunnyside Resort, Tahoe (190 seats) J 4.5 million 3.6 million 3.2 million 3.5 million 2.1 million 1.8 million 2.2 million 2.6 million 3.2 million IMy.I • +.y�. =Am* rWm "*as" . .0 i1� \t�llll�rll py VMOBOMD AAtTAIMNAW \. A OPPMM §M%oXjpr1M pCob TS RESTAURANTS LA 06pN'TA RECEIVED �I►,1 1989 0� ■ 1 crAcx-w'. jjwvwn AA. 0 S" 6SCI IV : r.inr 03AI3338 ` .�.....• ..4V1�. •...��►.�. I. v t tr� I ! t.,,.�1�. I � ICI ' ►�,�.�.5'. • ,� I 7�j ,. I - _ - - - - •IJYL=1M t RECEIVED CITY OF LA QUINTA 1 RECEIVED jA,t��� •�••• �•••••�•• wuTAUwwwrr �RL0�11/ y °=f c cHrr � Ptanning & Engineering OfrKc 46-209 Oasis Street, Suite 405 Indio, CA 92201 (619) 342 -8886 To: City of La Quinta Planning Division RJVMHX COUNT . - FIRE DEPARTMENT IN COOPERAT)ON WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN N NYLkN F1RI CHIEF June 30, 1989 I Planning 6 E*neenns G 4080 Lemon Street, Suite Riverside, CA 92501 (714) 787.6606 RECEIVED JUL -5" Re: Plot Plan No. 89 -417 CITY OF LA QUINTA PLANNING b DEVELOPMENT DEPT. With respect to .the condition of-approval regarding the above referenced Plot Plan, the Fire Department requires the following fire protection measures be provided in accordance with La Quinta Municipal Code and /or recognized fire protection standards: 1. Provide or show there exists a water system capable.of delivering 3000 gpm for a 3 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 2.. A combivation-of on -site and off -site super fire hydrants (6" x 4" x 21" x 2} ") will be located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 3. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, vithin 50 feet of a hydrant, and a minimum of 25 feet frog the building(s). System plans must be submitted with a plan check /inspection fee to the Fire Department for review. A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 4. Install a Hood Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check /inspection fee, to the Fire Department for review. 5. Install portable fire extinguishers per NFPA, Pamphlet 110, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning b Engineering Staff at (619) 342 -8886. Sincerely, RAY REGIS^t� Chief ccrDe artment Planner By TO: FROM: DATE: SUBJECT: MEMORANDUM Planning, Stan Sawa Engineering, Jerry Coffey July 6, 1989 P.P. 89 -417 (Restaurant Hwy. 111)_ The following are general comments as requested regarding subject: (1) State Highway 111 is subject to Caltrans requirements and permit procedures: (a) dedication of rights of way (b) slope easement(s) (c) street construction and geometrics (d) access to and from Highway (e) status of roadway on south side of Highway at the channel (wash) (2) Preservatin of Happy Point (Rock - Public Dedication). (3) City must be held harmless from any adverse events originating with the waterfall arrangement (or other permitted use) on or adjacent to what is planned to be City property and from any adverse event occurring due to landslides from that area. MI the z ES1ANISHEO IN 1915 AS A PUBOC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1oe,,8 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (619) 398,2651 DIRECTORS OFF ICE RS TELLISCOOEKAS.PRESIDENT THCMASE LE' VY.GE4ERALMANAGER- CHiEFE%G.NEER RAvWND R RL;MMCNDS. VICE PRESIDENT SERNAROINE SUTTON, SECRETARY AHN P POWELL I1fTH H AINSWORTH. ASSISTANT GENERAL MANAGER DOROTHY M THEODORE J FISH WCHOLS July 3, 1989 REFINE AND SHERRILL.ATTDRNEYS RECEIVED JUL 11 " File: 0163.1 Planning Commission CITY OF LA QUINTA City of La Quint& PLANNING b DEVELOPMENT DEPT- Post Office Box 1504 La Quinta, California 92253 Gentlemen: Subject: Plot Plan 89 -417, Portion of Southwest Quarter, Section 19, Township 5 South, Range 7 East, San Bernardino Meridian This area is protected from stormwater flows by the Whitewater River and Deep Canyon Stormwater Channels and may be considered safe from stormwater flows except in rare instances. There may be erosion of the banks of the Whitewater River and Deep Canyon Stormwater Channels during periods of unusual rainfall and discharge. The developer shall construct concrete slope protection on the banks of the stormwater channels to prevent erosion. Plans for concrete slope protection shall be submitted to the Coachella Valley Water District for review. A portion of this area is adjacent to the right- of-vay of the Whitewater River and Deep Canyon Stormwater Channels. We request that the developer be required to install suitable facilities to prohibit access to this right -of -way. The developer shall obtain an encroachment permit from the Coachella Valley Water District prior to any construction within the right- of-way of the Whitewater River and Deep Canyon Stormwater Channels. This includes, but is not limited to, surface improvements, drainage inlets, landscaping, and roadways. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. This area shall be annexed to Improvement District No. 55 of Coachella Valley Water District for sanitation service. TRUE CONSERVATION USE WATER WISELY Planning Commission -2- July 3, 1989 Plans for grading, landscaping, and irrigation systems shall be submitted to Coachella Valley Water District for review. This review is for ensuring efficient water management. If you have any questions please call Bob Meleg, stormvater engineer, extension 264. Yours very truly, Tom Levy /.10-1 General Manager -Chief Engineer RF:ra cc: Don Park Riverside County Department of Public Health 46 -209 Oasis Street Indio, California 92201 i 'T COMMITTEE REQ (TEST '" i,o to:iso F.OR COMMENT LAQuWa,CA 62 PLANNING DIVISION City manager Public Works /Engineering fire marshal �- Community Safety Department r o Commerce CWD Imperial Irrigation Southern California Gas �i- DSUSD C'vUSD SUBJECT: Property owner's Association Coachella Valley ►HONE: (t t9) 661 -2216 V Pa U Desert Disposal T General Telephone �- Palmer Cable vision �- Sunline Transit �- Caltrans (District 11) Agricultural Comsission City of Indian Wells City of Indio Riverside Countyt Planning Department Environmental Health Sheriff's Department Road Department Archaeological Society Comments, findings and Conditions concerning subject project. LA QUINTA CASE NO(S). PROJECT DESCRIPTIOI(t PRo7= LGCATIQtt T r v — -I l I Go i'Y1 Y1+e ►'G A � Go YY+� � GA I)'Slsrp Yt , � .....__.. 10.250 �. r�uraA + t o .coca moo. ,. a 70014- q p G� 13 - ,, 7040-2-_ 0 - 0 -&- 2- - The City of La Quints velop"nt Review C`oenittea Is conducting an initial environmental study pursuant to the California tnvirorm atal Quality Act (CLQA) for the above referenced project(s). Attached is the otonsatios submitted by the project proponent. your cements are requested with rappect tot 1. Physical impacts the projJct presents on public resources, facilities, and /or services) 2. Reconnanded conditions: a.) that you or your agency believe would mitigate an potential adverse effectsl b.1 or should apply to the project des gnl c.) or improvements to satisfy other regulations and concerns vhich your agency is responsible: and 1. It you find that the identif led iiapacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(les) which may be helpful. 4. please send your response by _aYlo % . 141-1 you are invited to attend the DZVVkPKEXT MIrd COMMITTEE meetinq at thoe Qainta City hall scheduled fort Date: nw 131A.94 Time r - � d �l�G� Contact Persons � ylrte -_ Dwrrrrarrrsrrrrrss�rrrsrr�w�an��sa�a�arorrrsrs�rr Comments made byl_ /i'I'1 D2rvU�.. Date G Ti t l e LrG /,fit Phone Agency /Division SunLine Transit MEMBER AGENCIES Cathedral City Coachella Desert Hot Springs Indio La Ouinta Palm Desert Palm Springs Rancho Mirage Riverside County Mr. Stan Sawa Principal Planner CITY OF LA QUINTA P.O. Box 1504 La Quinta, CA 92253 RE: PP 89 -417 Dear Mr. Sawa: June 27, 1989 RRCEIVED CITY OF LA QUINT. PLANNING & DEYEtOPMEMT DE Thank you for the opportunity to review the plans for TS Restaurant. As you may know, SunLine operates Line 19 on thirty- minute headways along Highway 111 in the vicinity of this project. Beginning in the fall, SunLine will operate Line 19 on 15 minute frequencies during peak hours. We request that a bus turnout and a passenger shelter be included in the project to be located on Highway 111 near the driveway entrance. The shelter could be designed by our standards or the developer may contact Sunrise Media to arrange placement of a shelter. The maintenance of the shelter is the responsibility of the property owner. SunLine has suggested standards for bus turnouts and passenger waiting shelters. We will be most happy to work with the City and with the developer to create a mutually acceptable design. Yours very truly, SUNLINE TRANSIT AGENCY bJ-� _a� Debra Astin Senior Planner DA/ kh .' 26 Jun- r1 i n`.nP D�'71 I)r 3�: rF DART 31 r, :'he prop - ^-) si . s sT,ick in the ^i lli e of wha was ori?in'illy r°corle�i !is n very lar ze t1r("h�APo1giCg..1 site..RIV -150. "his re ^orl anion has b -en cn'injzed to rPflP ^.' !ore Rr�Rs.... one 1 s on this property, one =Across the tihi tawit-�r, three ports, :ns TyP °'i.St zrn pnr:lon of th1s pr.-)i° ^` lC°S not " pp`-, r Lo (;CkJ° F?r JF,'A inl dPt- ^rinRt1on of 1. 3= ic {aro�ini ~ *,;z-Ar ^.h/ Records Search �. If not = lry ?v °d..on -foot survey by qualifled personel `). If rPvt --V of reports. c. If si`Ps recorded, hftve :hey be -n test,-.d? 1. 3i xni f 1 cunt? P... itt1 ¢: -ited? If this is part of the arPR miexed from county. County Planning sho,i14 have cop! Ps of any reports aenprated by nrlor developments after 19 71. Be advised thlAt one of the early records on the BIG site tks referr -d to as Sappy Hunting xro-inis sitP...a cP^nPtery Past of Point H,Appy...`)ut 1 `, doesn't s i;► how tiny fpm *, e'is *,. 3tlri. 1 -, • -jams r °q'li -° -i tlgzt'.on tip; on�j tes`�.nr*. Th•� '�t You Gzle Bropker WAS ENNNNNN VI/ 10/x5 01 y � ii o uyu 61 iNbiA,1% n cLLJ C �rY °.f�lnciurree1�s Stan Saga City of La Quinta 78 -105 Calla Estada P.O. Box 1504 La Quint &, CA 91253 RE: PP 89 -417. Dear Mr. Sawa: r='1%AM _AK IrMAN V46L$. G11JPOANLA Info July lo, 1989 at% )44+0 The City of Indian Wells appreciates the opportunity to review the above referenced case. Dua to the location of the property directly adjacent to Indian Wells' eastern limits, there i a. 16 d s concern over a evelopment of this property. A Highway 111 Sp•oific plan for Indian wells, is being pre- pared at this time. This document will provide specific development standards and design guidelines for all development along the Highway 111 Corridor. An the location of this site is west of the rock formation, which forms a natural transition between the Cities of La Quinta and Indian Wells, the City would ancourage incorporation of the standards not forth in the Indian Wells Highway 111 specific plan. The land west of the project site in the City of Indian Wells is designated Kediun Density Residential, With a Maxim= height restriction of 25 feet. The height of the two story office building and the height of the restaurant pad need to be considered as to their impact on this future residential development. Addi- tionally, noise, light and glare, trash facilities and pickup associated with the project, have the otential to impact this adjacent future residential development and need to be Considered.. Thank you for your consideration of these issues. We Would appreciate being kept apprised of future plans and reviews on this project. RECEIVED JUL 10 1989 CITY OF LA QUINTA BLS: dlan PLANNING & DEVELOPMENT DEPT. Very truly yours, BRLNDA L. SCARCELLA ASSOCIATE PLANNER A. , CITY OT QUMI c�Mor 'v L1 EINVIROU�NTAL CHECKLIST FORM 1. BACXGROWD 1. Name of Proponent: 2. Address and Phone Number of Proponent: _'e5a(, S 4W14 101 cardhCPt 6a _Q:2w-7 11441 a¢a -- 1 3. Date of Checklist: -7 4. Agency Requiring Checklist: S. Name of Proposal, if applicable: II. ENVIR4\MENTAL IMPACTS (Explanation of all "Yes" and "Maybe" answers is required on attached sheets.) 1. Earth. Will the proposal result in: Yes Maybe No a. Unstable earth conditions or in changes in hazards such as earthquakes, landslides, mud- geologic substructures? _ % b. Disruptions, displacements, compaction or _ a. overcovering of the soil? c. Change in topography or ground surface b. relief features? V c. d. The destruction, covering or modification of any unique geologic or physical features? e. Any increases in wind or water erosion of soils, V S. Water. Will the proposal result Is: either on or off the site? a. f. Changes in deposition or erosion of beach, sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? _ b g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? _ % 2. Air. Will the proposal result in: _ a. Substantial air emissions or deterioration of ambient air quality? _ b. The creation of objectionable odors? _ V c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? V S. Water. Will the proposal result Is: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? _ b. Changes in absorption rates, drainage patterns, or the rate and amount of surfs" water runoff? _ N _ e. Alterations to the course of flaw of flood waters? _ d. Change in the amount of surface water in any water body? _ e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? — r g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? — / 1\ Yes uaybe Lo c. S —bstantial impact upon existing transportation systems? _ d.- Alterations to present patterns of circulation or movement of people and /or goods.? e. Alterations to waterborne, rail or air traffic? _ f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _ 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered govern- mental services in any of the following areas: a. Fire protection? \ V b. Police protection! ___.. \V c. Schools? _ d. Parks or other recreational facilities? _ e. Kaintenance of public facilities, including roads? f. Other governmental services? 1S. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ b. S:tstantial increase in demand upon existing sources of energy, or require the development \ of new sources of energy? _ V 16, Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Com mications systeas? _ c. Mater? d. Sewer or septic tanks? V e. Storm water drainage? _ f. Solid waste and disposal? _.._ 11. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 13. Aesthetics. Will the proposal result in the struction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ V 14. Recreation. Will the proposal result in an impact *_r_ pon tai quality or quantity of existing recrea- V tional opportunities? 20. Areheolo ical/Historical. Will the proposal result in an alteration o a significant archeological ` or historical site, structure, object or building? 21. Mandatory Finding of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially re- duce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plan or animal commlmity, 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? _ V_ (S) CITY OF LA QUINTA INITIAL STUDY PLOT PLAN #I89 -417 Responses to "Yes" and "Maybe" answers - mitigation measures II. Environmental Impacts 1. Earth a.& Due to construction at base of rock d. outcropping, unstable earth conditions and modification of physical features may result. b. Since the site is vacant at present time, it can be expected that the project will cover over a majority of the soil on the site. C. Grading of the site will modify natural grade of site. g. Due to rock outcroppings proximity to structures there is potential of damage or injury from landslides or earthquakes. Mitigation measures - compliance with City requirements, including but not limited to, grading, paving, landscaping will provide acceptable protection. 3. Water b. Construction and paving will increase run -off from site Mitigation measures - drainage of site will be directed to stormwater channels which abut site to west and north. i. Stormwater channels exist to west and north of site and could erode or overflow in rare instances. Mitigation measures - CVWD will require concreting of channel walls to eliminate potential for slope erosion. 7. Light and Glare There will be exterior lighting of parking lot, building and rock outcropping. Mitigation measures - lighting shall be required to be shielded to mitigate glare and overspill to adjacent properties and Highway 111. BVINST.001 - 1 - 8. Land Use Since site is vacant, implementation of project will change use of land. Mitigation measures - none are required since land is designated for commercial use by General Plan and Zoning classification. 13. Transportation /Circulation a. Project will undoubtedly create new traffic d.& at and near site. This will create potential f. for new vehicular movement and increased traffic hazards. Mitigation measures - Highway 111 is a State highway and as such is controlled .by Cal Trans. Their requirements for improvement and access will mitigate significant impacts created by the project. b. The project will create need for new parking facilities. Mitigation measures - the project is proposing adequate new parking facilities for the commercial complex. 14. Public Services a. & There will be an incremental increase in need b. for fire and police protection due to project. Mitigation measures - due to incremental increase expected, no mitigation measures are necessary since current staffing level should be adequate to maintain acceptable level of service. 18. Aesthetics Point Happy, the outcropping on the east side of the site is noted as a desirable natural feature by the General Plan, and is prominent as the west entrance to the City. Mitigation measures construction of this project is limited to the base of Point Happy. Staff will carefully review plans to insure that impact on Point Happy is minimal. BVINST.001 - 2 - 20. Archaeological /Historical Site has been identified by Coachella Valley Archaeological Society as having an archaeological past. Mitigation measures archaeological past with prior to any disruption survey and research of necessary mitigation is required or grading of site. BVINST.001 - 3 - TO: FROM: DATE: SUBJECT: APPLICANT: ENVIRONMENTAL CONSIDERATIONS: BACKGROUND: MEMORANDUM HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL PLANNING AND DEVELOPMENT DEPARTMENT AUGUST 1, 1989 REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN NO. 89 -417, A COMMERCIAL COMPLEX, LOCATED ON THE NORTH SIDE OF HIGHWAY 111, WEST OF WASHINGTON STREET T S RESTAURANTS ENVIRONMENTAL ASSESSMENT NO. 89 -129 HAS BEEN PREPARED IN CONJUNCTION WITH THIS APPLICATION. THE INITIAL STUDY INDICATED THAT POSSIBLE SIGNIFICANT IMPACTS MAY OCCUR IN THE FOLLOWING AREAS: EARTH,. LIGHT AND GLARE, LAND USE, TRANSPORTATION, AND ARCHAEOLOGICAL REMAINS. MITIGATION MEASURES, PERTAINING TO THESE ITEMS HAVE BEEN MADE A PART OF THIS PROJECT AND WILL REDUCE THE IMPACTS TO AN INSIGNIFICANT LEVEL, AND THEREFORE, A NEGATIVE DECLARATION WILL BE PREPARED. Plot Plan No. 89 -417 is--an application for a commercial complex consisting of a 10,250 square foot, two -story restaurant and separate 10,000 square foot two -story office building. The site is zoned C -P -S and is adjacent to the west side of Point Happy on the north side of Highway 111, 1200 feet west of Washington Street. The attached Planning Commission Staff report describes the project in detail. The Planning Commission considered this request at the meeting of June 26, 1989. The Applicant requested clarification or modification to a number of the proposed conditions. After consideration, the Commission modified Condition Nos. 2, 4, 8, 11, 13, 17, 19 and added Condition Nos. 21 and 22. (See attached final Conditions of Approval.) PLANNING COMMISSION ACTION: The Planning Commission approved Plot Plan No. 89 -417, subject to conditions on a 4 -0 -1 vote with Chairman Walling abstaining. BJ /MEMOSS.003 - 1 - RECOMMENDATION:. By minute motion accept for file the report of action taken by the Planning Commission approving Plot Plan No. 89 -417. Attachments: 1. Final Conditions of Approval 2. Planning Commission Staff report 3. Plans and Exhibits for project BJ /MEMOSS.003 - 2 - CONDITIONS OF APPROVAL -FINAL (REVISED) PLOT PLAN NO. 89 -417 AUGUST 29, 1989 PLANNING AND DEVELOPMENT DEPARTMENT 1* The development of the site shall generally be in conformance with the Exhibits "A -A" through "B" contained in the file for Plot Plan #89 -417, unless otherwise amended by the following conditions. 2. The approved Plot Plan shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not including grading, which is begun within the one -year period and is thereafter diligently pursued to completion. 3. Outside lighting shall be shielded and directed so as not to shine directly upon surrounding adjoining property or public rights -of -way. Lighting plans including light pole heights shall be reviewed and approved by the Planning Director. 4. Issues pertaining to liability, damages, construction, etc., due to waterfall /ponds on "Rock" parcel to the east, shall be resolved by written agreement approved by the City Attorney prior to issuance of any permits for this project. Goal of this Condition is to either have waterfall /pond and other restaurant improvements on "Rock" parcel with "Hold Harmless" agreements or modify property line between subject property and "Rock" parcel so that waterfall /pond and other restaurant improvements are not on "Rock" parcel. 5. Parcel Map #22596 shall be recorded prior to issuance of any permits for this development. 6. A "Hold Harmless" agreement in favor of the City shall be recorded to release City and /or property owner of easterly parcel from liability caused by damages and /or injuries, etc., from landslides, falling rock, etc. Agreement shall be approved by City Attorney prior to issuance of any permits for this development. 7. Building heights shall be clarified prior to issuance of building permit to verify compliance with applicable zoning requirements. 8. Minimum 1/8 of parking spaces shall be provided during hours restaurant is open as self - parking areas. BJ /CONAPRVL.004 - 1 - 9. Trash area for restaurant shall be relocated to provide acceptable access for trash company; separate trash area for office building shall be provided. 10. Monument sign shall be relocated so that it is not in street right -of -way. 11. Along west property line a 4 -foot high decorative masonry wall and or berm shall be provided. 12. Any scarring of hillside caused by this development shall be treated chemically to match existing rocks. 13. No alterations or construction on hillside other than that allowed by this approval, shall occur without prior approval of Planning Director and City Engineer. 14. 11 -foot wide spaces for end spaces with restricted back -up area and handicap spaces per City code requirements shall be provided. 15. A sign program for all signs. shall be approved by the Planning Commission prior to construction of sign(s). 16. Exterior colors visible to Highway 111 shall "blend" with natural color of Point Happy. 17. Prior to issuance of any grading or building permits, developer shall cause City of La Quinta to retain a qualified archaeologist at developers expense, to review prior Archaeological Study RIV -150. If subject site is not completely covered by previous studies, on -foot survey of site shall be done and mitigation and monitoring plan for artifact location and recovery shall be prepared. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: a. Identify the means for digging test pits; b. Allow sharing the information with the CVAS; and C. Provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Planning and Development Department for final review and approval. Prior to the issuance shall have retained a management firm and recovery as noted in the monitor the grading a, testing results. of a Grading Permit, the Developer qualified cultural resources completed the testing and data plan. The management firm shall 2tivity as required by the plan or BJ /CONAPRVL.004 - 2 - A list of qualified archaeological monitor(s), cultural resources management firm employees, and any assistant(s) /representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail to the Planning and Development Department. The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recover, the developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 18. A pedestrian walkway shall be provided from parking lot through ground floor of building to entry of restaurant. 19. Prior to the issuance of a building permit for construction of any building or use contemplated by this - approval, the Applicant shall obtain permits and /or clearances from the following public agencies: o City Fire Marshal o Cal Trans o City of La Quinta Public Works Department o Planning and Development Department, Planning and Building Divisions o Coachella Valley Water District o Desert Sands Unified School District Evidence of said permits or clearances from the above - mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 20. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee, program in effect at the time of issuance of building permits. BJ /CONAPRVL.004 - 3 - 21. Applicant shall improve or bond for his share of street improvements along street frontage of site as required by pending Highway 111 Specific Plan. These improvements may include, but are not limited to: a. Landscaped median island. b. Curb, gutter, and sidewalk. 22. Applicant shall participate in installation of his share of Riverside County bike path along Whitewater Storm Channel, as required by City of La Quinta, if deemed necessary. 23 ** Project shall be restricted to vehicular right turns in and out per Caltrans approval, unless Caltrans approves additional turning movements. 24 ** A geological technical study shall be prepared by a qualified engineer to verify that the mountain slopes are stable and will support the proposed development. Mitigation measures, if necessary shall be implemented as a part of the project. ,a � - 'r'� &� L,-@,. 'Qt"J +'ZI" * Revised by Planning Commission on August 29, 1989. ** Added by Planning Commission on August 29, 1989. BJ /CONAPRVL.004 - 4 - La Quinta Planning La Quinta Planning P.O. Box 1504 RECEIVED AUG 2 9 1989 ROB THIBAUT President CITY OF LA QUINTA SANDY SAXTEN Chairman of the Board PLANNING & DEVELOPMENT DEPT. cif P1Ann,ry, Corn"6stov'*- Commission Members Commission La Quinta, CA 92253 Dear Planning Commission Members: Please accept my apology for not being present at your meeting today, my schedule would not permit it. As you know, I did meet with the City Council in late July and went over their concerns. I was also available last week. Please do not let my schedule conflict in any way indicate a change in our enthusiasm and commitment to this project. Because of the concerns of the La Quinta City Council regarding the height of the waterfall on our proposed project on Highway 111, we have made some adjustments to the waterfall. Although we still feel strongly that the water feature on the mountain is important to the success of the restaurant, we also understand the city's concerns to control it's mountain slopes. As we have previously stated we plan on having a Geological Technical study done to determine the stability of the rocks and boulders on the mountain. We will make sure that no erosion takes place, that the water/ feature is safe in every way, and that the entire mountain keeps its natural look. Using local landscape and waterscape architects and engineers, we are confident that we can construct a building and water feature that will satisfy both the City's concerns and our desire to have a dramatic dining experience. Again, thank you for your consideration and we look forward to working closely with you on this project. Sincerely, &,a Bill Parsons TS Enterprises, Inc. Vice President BP /pas T S RESTAURANTS OF CALIFORNIA AND HAWAII 252e SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 . (619) 042 -1300 Lahelna . Kapalua . Kaanapall . Polpu Beach . Cardiff . Del Mar . Lake Tahoe City Council Minute J. Page 9 s August 1, 1989 MOTION - It was moved by Council Members Sniff /Bosworth that Sign Application 89 -086 and Variance 89 -008 be approved with the provision that the applicant maintain the signs for 18 months at which time, the signs will be subject to review and that the Environmental Assessment be approved. Motion carried unanimously. MINUTE ORDER NO. 89 -90. 12. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 89 -417 - APPROVAL OF COMMERCIAL COMPLEX CONSISTING OF 10,250 SQ..FT. RESTAURANT AND 10,000 SQ. FT. OFFICE BUILDING IN THE CPS ZONE, LOCATED ON THE NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FT. WEST OF WASHINGTON STREET - APPLICANT: TS RESTAURANTS. Mr. Herman, Planning Director, advised that Plot Plan 89 -417 is an application for a commercial complex consisting of a 10,250 sq. ft., two -story restaurant and a separate 10,000 sq. ft. two -story office building in a C -P -S Zone on the north side of Highway 111 about 1,200' west of Washington Street. He proceeded to present illustrations and exhibits. BILL PARSONS, Vice President of TS Restaurants advised that a unique feature of the project is a waterfall /pond constructed into the side of the mountain, which he understands is a concern of the Council, as well as the traffic. They anticipate that it will start as a trickle at the top and increase its' flow as it comes down towards the building. They plan a desert landscaping. He added that his company looks for unique locations and do unique designs that fit the area. Regarding traffic, they have had conversations with Caltrans and they hope to get a U -2 Turn at Washington Street and hope to have a left turn lane coming into the parking lot. They didn't seem to have any major problems with it. Council Member Rushworth asked if they would be willing to install a traffic light there and Mr. Parson stated that they would prefer not to, but would if it was a condition. Council Member Bosworth was concerned about the waterfall and defacing the mountainsides. Mr. Parsons advised that the waterfall is essential to the "feeling" of the restaurant. They are going to trying not to remove any rocks from the mountain. Mr. Kiedrowski suggested that the Council could grant the approval, but that final design for the waterfall would have to come back to the Council and that there may be a possibility of eliminating or reducing the waterfall. Mayor Pena was leaning towards eliminating the waterfall and wished to see the traffic matter reviewed by the City's Technical Traffic Committee. City Council Minute ' Page 10 �; August 1, 1989 � r Council Member Sniff was not in favor of a water fall, noting that it isn't consistent with the desert environment. Additionally, this is a dangerous area and the City has to consider that matter. He also wished to see this matter reviewed by the Traffic Committee. Council Member Rushworth suggested that it be approved in concept and send it back to the Planning Commission with it coming back to the Council with /without the waterfall. MOTION - It was moved by Council Members Sniff /Bosworth that Plot Plan 89 -417 be referred to the Technical Traffic Committee and to the Planning Commission wit the Council's concerns with a report back to the Council on September 6th. Motion carried unanimously. MINUTE ORDER NO. 89 -91. 1. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. APPROVAL OF MINUTES OF JUNE 20, 22, and JULY 5, 1989. 3. APPROVAL OF AGREEMENT FOR LEASE OF OFFICE SPACES LOCATED AT 78 -105 CALLE ESTADO FOR CITY HALL FACILITY. 4. ACCEPTANCE OF DEED FOR STREET RIGHT OF WAY - GENERAL TELEPHONE CO. 5. APPROVAL OF AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT FOR WORK IN PHASE II - COVE IMPROVEMENT PROJECT. 6. APPROVAL OF AGREEMENT FOR INVESTMENT SERVICES FOR 1915 ACT IMPROVEMENT BOND ISSUE PROCEEDS OF ASSESSMENT DISTRICT NO. 89 -2 - SANITARY SEWER OF PHASE II - COVE IMPROVEMENT PROJECT. 7. ACCEPTANCE OF DEED FROM COACHELLA VALLEY WATER DISTRICT FOR WELL SITE NORTHEAST OF FRITZ BURNS PARK. 8. AUTHORIZATION TO CALL FOR BIDS FOR MAINTENANCE OF MEDIANS ON AVENUE 54 AND MADISON. 9. UNDER BUSINESS SESSION NO. 10. 10. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 85 -203 - SUNRISE COMPANY - APPROVAL OF NEW UNIT TYPES, SALES FACILITY EXPANSION, AND A TIME EXTENSION FOR THE SALES FACILITY LOCATED WITHIN PGA WEST PROJECT. 11. UNDER BUSINESS SESSION NO. 11. 12. UNDER BUSINESS SESSION NO. 12. 13. APPROVAL OF AGREEMENT WITH CHARMIAN IWEN FOR ACCOUNTING SERVICES. f of COUNCIL MEETING DATE: AUGUST 1, 1989 ITEM TITLE: REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN NO. 89 -417 - .APPROVAL OF COMMERCIAL COMPLEX CONSISTING OF 10,250 SQUARE FEET RESTAURANT AND 10,000 SQUARE FOOT OFFICE BUILDING IN THE C -P -S ZONE LOCATED ON THE NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FEET WEST OF WASHINGTON STREET. BACKGROUND: AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: The Planning Commission on July 25, 1989, on a 4 -0 -1 (Chairman Walling abstaining) vote, approved a Plot Plan application to allow a commercial complex consisting of a restaurant and office on a site adjacent to the west side of Point Happy on the north side of Highway 111 west of Washington Street. Two people spoke in favor of the project with no one in opposition. FISCAL IMPLICATIONS: Restaurant will generate Sales Tax. APPROVED BY: RECOMMENDATION• By minute motion accept for file this report of action taken by the Planning Commission. Submitted.by: Signature BJ /CC #8/l.F8 Approved for submission to City Council: RON KIEDROWSKI, CITY MAN TO: FROM: DATE: T,Rtt 4 x4p QuiAm MEMORANDUM HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL PLANNING AND DEVELOPMENT DEPARTMENT AUGUST 1, 1989 SUBJECT: REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN NO. 89 -417, A COMMERCIAL COMPLEX, LOCATED ON THE NORTH SIDE OF HIGHWAY 111, WEST OF WASHINGTON STREET APPLICANT: ENVIRONMENTAL CONSIDERATIONS: BACKGROUND: T S RESTAURANTS ENVIRONMENTAL ASSESSMENT NO. 89 -129 HAS BEEN PREPARED IN CONJUNCTION WITH THIS APPLICATION. THE INITIAL STUDY INDICATED THAT POSSIBLE SIGNIFICANT IMPACTS MAY OCCUR IN THE FOLLOWING AREAS: EARTH, LIGHT AND GLARE, LAND USE, TRANSPORTATION, AND ARCHAEOLOGICAL REMAINS. MITIGATION MEASURES, PERTAINING TO THESE ITEMS HAVE BEEN MADE A PART OF THIS PROJECT AND WILL. REDUCE THE IMPACTS TO AN INSIGNIFICANT LEVEL, AND THEREFORE, A NEGATIVE DECLARATION WILL BE PREPARED. Plot Plan No. 89 -417 is an application for a commercial complex consisting of a 10,250 square foot, two -story restaurant and separate 10,000 square foot two - story' office building. The site is zoned C -P -S and is adjacent to the west side of Point Happy on the north side of Highway 111, 1200 feet west of Washington Street. The attached Planning Commission Staff report describes the project in detail. The Planning Commission considered this request at the meeting of June 26, 1989. The Applicant requested clarification or modification to a number of the proposed conditions. After consideration, the Commission modified Condition Nos. 2, 4, 8, 11, 13, 17, 19 and added Condition Nos. 21 and 22. (See attached final Conditions of Approval.) PLANNING COMMISSION ACTION: The Planning Commission approved Plot Plan No. 89 -417, subject to conditions on a 4 -0 -1 vote with Chairman Walling abstaining. BJ /MEMOSS.003 - 1 - Iq RECOMMENDATION: By minute motion accept for file the report of action taken by the Planning Commission approving Plot Plan No. 89 -417. Attachments: BJ /MEMOSS.003 1. Final Conditions of Approval 2. Planning Commission Staff report 3. Plans and Exhibits for project - 2 - CONDITIONS OF APPROVAL -FINAL PLOT PLAN NO. 89 -417 JULY 25, 1989 PLANNING AND DEVELOPMENT DEPARTMENT 1. The development of the site shall generally be in conformance with the Exhibits "A" through "F" contained in the file for Plot Plan #89 -417, unless otherwise amended by the following conditions. 2. The approved Plot Plan shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not including grading, which is begun within the one -year period and is thereafter diligently pursued to completion. 3. Outside lighting shall be shielded and directed so as not to shine directly upon surrounding adjoining property or public rights -of -way. Lighting plans including light pole heights shall be reviewed and approved by the Planning Director. 4. Issues pertaining to liability, damages, construction, etc., due to waterfall /ponds on "Rock" parcel to the east, shall be resolved by written agreement approved by the City Attorney prior to issuance of any permits for this project. Goal of this Condition is to either have waterfall /pond and other restaurant improvements on "Rock" parcel with "Hold Harmless" agreements or modify property line between subject property and "Rock" parcel so that waterfall /pond and other restaurant improvements are not on "Rock" parcel. 5. Parcel Map #22596 shall be recorded prior to issuance of any permits for this development. 6. A "Hold Harmless" agreement in favor of the City shall be recorded to release City and /or property owner of easterly parcel from liability caused by damages and /or injuries, etc., from landslides, falling rock, etc. Agreement shall be approved by City Attorney prior to issuance of any permits for this development. 7. Building heights shall be clarified prior to issuance of building permit to verify compliance with applicable zoning requirements. 8. Minimum 1/8 of parking spaces shall be provided during hours restaurant is open as self - parking areas. BJ /CONAPRVL.004 - 1 - 9. Trash area for restaurant shall be relocated to provide acceptable access for trash company; separate trash area for office building shall be provided. 10. Monument sign shall be relocated so that it is not in street right -of -way. 11. Along west property line a 4 -foot high decorative masonry wall and or berm shall be provided. 12. Any scarring of hillside caused by this development shall be treated chemically to match existing rocks. 13. No alterations or construction on hillside other than that allowed by this approval, shall occur without prior approval of Planning Director and City Engineer. 14. 11 -foot wide spaces for end spaces with restricted back -up area and handicap spaces per City code requirements shall be provided. 15. A sign program for all signs shall be approved by the Planning Commission prior to construction of sign(s). 16. Exterior colors visible to Highway 111 shall "blend" with natural color of Point Happy. 17. Prior to issuance of any grading or building permits, developer shall cause City of La Quinta to retain a qualified archaeologist at developers expense, to review prior Archaeological Study RIV -150. If subject site is not completely covered by previous studies, on -foot survey of site shall be done and mitigation and monitoring plan for artifact location and recovery shall be prepared. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: a. Identify the means for digging test pits; b. Allow sharing the information with the CVAS; and C. Provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Planning and Development Department for final review and approval. Prior to the issuance of a Grading Permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. BJ /CONAPRVL.004 - 2 - A list of qualified archaeological monitor(s), cultural resources management firm employees, and any assistant(s) /representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail to the Planning and Development Department. The designated monitors or their authorized representatives shall have the authority to temporarily divert, . redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recover, the developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 18. A pedestrian walkway shall be provided from parking lot through ground floor of building to entry of restaurant. 19. Prior to the issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and /or clearances from the following public agencies: o City Fire Marshal o Cal Trans o City of La Quinta Public Works Department o Planning and Development Department, Planning and Building Divisions o Coachella Valley Water District o Desert Sands Unified School District Evidence of said permits or clearances from the above - mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 20. Provisions requirements program in permits. shall be made to comply of the City's adopted effect at the time of BJ /CONAPRVL.004 - 3 - with the terms and Infrastructure Fee issuance of building 21. Applicant shall improve or bond for his share of street improvements along street frontage of site as required by pending Highway 111 Specific Plan. These improvements may include, but are not limited to: a. Landscaped median island. b. Curb, gutter, and sidewalk. 22. Applicant shall participate in installation of his share of Riverside County bike path along Whitewater Storm Channel, as required by City of La Quinta, if deemed necessary. BJ /CONAPRVL.004 - 4 - STAFF REPORT PLANNING COMMISSION MEETING DATE: JULY 25, 1989 APPLICANT: T S RESTAURANTS PROPOSAL PLOT PLAN NO. 89 -417; APPROVAL OF A PLOT PLAN FOR A COMMERCIAL COMPLEX CONSISTING 10,250 SQUARE FOOT RESTAURANT AND 10,000 FOOT OFFICE BUILDING IN THE C -P -S ZONE. LOCATION: NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FEET WEST OF WASHINGTON STREET. GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL EXISTING ZONING: C -P -S (SCENIC HIGHWAY COMMERCIAL) K1 OF A SQUARE ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT #89 -129 HAS BEEN PREPARED IN CONJUNCTION WITH THIS APPLICATION. THE INITIAL STUDY INDICATED THAT POSSIBLE SIGNIFICANT IMPACTS MAY OCCUR IN THE FOLLOWING AREAS: EARTH, LIGHT AND GLARE, LAND USE, TRANSPORTATION, AND ARCHAEOLOGICAL REMAINS. MITIGATION MEASURES, PERTAINING TO THESE ITEMS HAVE BEEN MADE A PART OF THIS PROJECT AND WILL REDUCE THE IMPACTS TO AN INSIGNIFICANT LEVEL, AND THEREFORE, A NEGATIVE DECLARATION WILL BE PREPARED. BACKGROUND The site is the westerly most parcel proposed in Parcel Map #22596 (Revised), which is also on this agenda. That revised parcel map proposes to modify the approval from two parcels (one of which includes Point Happy) to three parcels (a separate parcel for Point Happy). PROPERTY DESCRIPTION The two acre site is unique in location in that immediately to the west and north is the Deep Canyon Stormwater Channel and Whitewater River Stormwater Channel, respectively, and on the.east is Point Happy, a rock outcropping that rises approximately 100 feet above the base of the site. The area between the stormwater channels and Point Happy is relatively flat. BJ /STAFFRPT.003 - 1 - PROJECT DESCRIPTION The proposed commercial complex consists of a two story restaurant and two story office building. The structures are constructed slightly into the base of the mountain side along the easterly property line. The restaurant is shown in the middle of the site with the office building at the rear. Parking is located between the buildings and west property line. A one -way drive at the first floor level is proposed beneath the second floor for valet parking. This (first floor) area is primarily open along the west side of the building. Access to the site is from a driveway to Highway 111 in approximately the middle of the southern property line. A unique feature proposed as a part of the restaurant is a waterfall /pond constructed into the side of the mountain. This water feature is visible to the restaurant patrons at the second floor level (dining area) and at the first floor entry to the restaurant. The feature continues beneath the drive - through lanes emptying into a pond between the parking area and building. Architecture of the structure is Santa Fe /Southwest in nature utilizing beige stucco, tan wood trim, and a brownish concrete tile roof. Proposed preliminary landscaping indicates primarily a desert native low water use design following the architectural design of the buildings. According to the architect, the restaurant will be constructed first with the office building to follow when a major tenant is secured. A statistical breakdown of the project follows: Total Floor Area: Restaurant 10,250 sq. ft. (5,300 sq. ft. serving area) Office Building 10,000 sq. ft. Parking Space Analysis: Required Restaurant 5,300 sq. ft./ 45 sq. ft. = 118 cars Office 10,000 sq. ft. /250 sq. ft. = 40 cars Required 158 Provided: Provided 126 (Shared parking is requested due to different operating hours - restaurant to open at 5:00 P.M. or later when the offices are normally closed.) BJ /STAFFRPT.003 - 2 - Landscaping: Required: 3% of interior parking area Provided: Exceeds 3% Building Heights: Restaurant: 33+ feet (measured per code requirements for sloping lots) 42+ feet (as viewed from west) ANALYSIS: Environmental (primary impacts and mitigation measures): 1. The proximity of the structures to the rock outcropping and the waterfalls /ponds proposed, create a landslide and erosion potential. Hold harmless agreements and protective walls should be utilized. 2. Coachella Valley Water District has indicated the Applicant will be required to provide concrete slope protection along the stormwater channels and provide facilities to prohibit access to the channels from the site. This should mitigate potential erosion of the stormwater channels. 3. According to the Coachella Valley Archaeological Society, the property has an archaeological past which warrants further survey and research. This must be done prior to any grading or disruptions to the site. 4. The buildings have been architecturally designed and landscaped to maintain the integrity of the topography and blend with the desert environment. Prior to construction, exterior colors and materials (building and landscaping) must be reviewed by the City to insure that this is achieved. General: 5. As noted earlier, the site is a parcel being created from Parcel Map 22596. As such, the precise boundaries are not established. Staff prefers the waterfall on this parcel and not on the "Rock" parcel which is proposed to be dedicated to the City as part of Parcel Map 22596. 6. The project proposes shared parking for the restaurant and office building since their hours of operation do not overlap. Based on.the parking provided and building sizes this is acceptable. 7. The Applicant originally proposed all valet parking. They have agreed to provide some self parking to avoid self parking along Highway 111. BJ /STAFFRPT.003 - 3 - 8. Provisions for trash disposal for both buildings needs to be redesigned in order to assure adequate access. 9. The monument sign shown on the plans will need to be relocated out of the right -of -way of Highway 111. 10. Exterior lighting, including parking lot and mountain lighting will need to be shielded to insure a minimum amount of glare and overspill. 11. Staff's major concern partially on the adjacent landslides, maintenance, have the waterfall /ponds However, if the City arrangement, that would bi with having the waterfall /ponds "Rock" parcel is liability due to etc. Staff's preference would be to entirely on the restaurant site. Attorney approves an alternative acceptable to Staff. 12. To facilitate access from the parking lot to the restaurant, a walkway through the lot and middle of the building is needed. 13. Some minor modification to the parking lot is necessary to comply with the City requirements. 14. Since the site is visible from the Wells) and from Highway 111, a 4 foot and /or berm adjacent to the west installed. The Applicant has agree Adequate screening is shown along topography and -new berming. west properties (Indian high decorative wall property line should be �d to providing this. Highway 111 by existing 15. Staff would like to see a minimum amount of disturbance to the rock adjacent to the restaurant. Therefore, any scarring of the rock must be treated to restore them to their original appearance. 16. Signage will need to be approved by the Planning Commission. FINDINGS• 1. Plot Plan #89 -417, as conditionally approved, is consistent with the adopted La Quinta General Plan, in that construction is being limited to the area below a 20% slope and Point Happy is being preserved. 2. Plot Plan #89 -417, as conditionally approved, is consistent with applicable La Quinta Zoning Ordinance requirements and State law. 3. Based on the plans submitted, the subject site is physically suitable for the proposed development, due to topography, zoning and proximity to other commercial development. BJ /STAFFRPT.003 - 4 - 4. The overall development of the land as conditionally approved, is designed for the protection of the public health, safety, and general welfare. 5. Plot Plan #89 -417, as conditionally approved, is in substantial conformance with the "base plan" policies for the Highway 111 Specific Plan. 6. Environmental Assessment #89 -129 has been prepared and reviewed for this project in accordance with the California Environmental Quality Act, and it has been been determined that the project will not result in any significant adverse impact on the environment, and therefore, a Negative Declaration shall be filed upon approval of this project. RECOMMENDATION: Based upon the findings and analysis, it is recommended that Plot Plan #89 -417 be approved by minute motion, subject to the attached conditions and that the Commission confirm the environmental determination. Attachments: 1. 2. 3. 4. 5. 6. Location Map History of T S Restaurants received July 11, 1989 Plans of proposed development Comments from applicable agencies and utilities Initial study Conditions of Approval for PP #89 -417 BJ /STAFFRPT.003 - 5 - C.VW.D. ,1 Tore va CASE No. 7� �° J 3 rORM Y CNANNEL pP .79 -41-7 'Z - -.. -,, y /cIN /rY Am N.TS. CASE MAP PP 89 -417 TS RESTAURANTS I4 0 Q 3 n At NOT TO SCALE RECEIVED J U L 11 1989 CITY OF LA QUINTA TS RESTAURANTS PUNNING & DEVELOPMENT DEPT. Rob Thibaut and Sandy Saxten BEFORE THE START OF TS RESTAURANTS Sandy Saxten started working for Chuck's Steak House of Hawaii as a waiter in 1966. After graduation from Stanford University in 1967, he opened his first restaurant called the Loft, in San Jose, California. Rob Thibaut, after graduating from the University of California at Santa Barbara, joined Sandy at the Loft as a Manager. In 1971, they opened the Symposium Restaurant in Lafayette, California as partners. In late 1971, Sandy and Rob merged their restaurant interests into Borel Restaurant Corp., which expanded to a 16 unit nationwide restaurant chain, operating under the name of Rusty Scupper in major metropolitan areas such as Boston, Philadelphia, Pittsburgh, Chicago, and San Francisco. During that period, Sandy and Rob worked in every phase of the restaurant business. In 1976 the Borel Restaurant Corporation was sold to Nestles of Switzerland, and Sandy and Rob left Borel to form their own privately held restaurant company, TS Restaurants. TS RESTAURANTS - 1977 to Present Sandy's and Rob's new goal was to develop, build, and personally operate a limited number of high quality restaurants in California and Hawaii. By growing at a slow pace, TS felt it could run superior restaurants: o by waiting for the best, unique real estate sites. o by both Rob and Sandy personally working on the architecture and restaurant concept of each new restaurant, and o by personally training each new General Manager. TS chose Lahaina, Maui, as their first area, where they were able to obtain the last waterfront parcel. They opened KIMO's Restaurant in the Spring of 1977. In the twelve years since its opening, KIMO's has become nationally renowned. TIME Magazine tauted it as one of the five best restaurants on Maui. Equally glowing articles have appeared in GOURMET Magazine and newspapers from San Francisco to Boston. In a short period KIMO's has become an "institution" in Lahaina. In the summer of 1978, TS opened JAKE'S LAKE TAHOE which was build overlooking the largest marina on the northwest shore of Lake Tahoe. JAKE'S is the center of Tahce's summer activities, and is ten minutes away from winter skiing at Squaw Valley and Alpine Meadows. JAKE's specializes in fresh seafood and features a seafood bar with a view of the lake. JAKE's is one of the most popular. spots in the area for locals and tourists alike. THE KAPALUA GRILL & BAR was opened by TS in March of 1979. Located at the exclusive Kapalua Resort, the restaurant has a sweeping view of the Maui Mountains and Kapalua Bay. This r '6staurant concept combines the informality of a New York or San Francisco "Grill" with. the sophisticated cooking of the California cuisine style. The restaurant has somewhat of a "country club" atmosphere, enhanced by the fact that it overlooks the 18th green and the Tennis Garden at Kapalua. JAKE's DEL MAR is right on the beach in Del Mar, California, a town famous for its summer horse racing season. Since its opening in January of 1981, the restaurant has been acclaimed as one of the top restaurants in North County San Diego by the San Diego Tribune and SAN DIEGO Magazine. Similar to the Grill & Bar, JAKE's offers a rather sophisticated menu in an informal dining atmosphere. In 1983 TS opened LEILANI's ON THE BEACH. The beautifully designed building with open air decks sits on the main beach at the center of the famous Kaanapali Resort on Maui, Hawaii.. The upstairs dining area has distinctive specialties ranging from charbroiled local fresh fish to Kiawe wood smoked ribs, to Shrimp Polynesian style. The downstairs seafood bar and cocktail lanai are only a few feet from the sand. Opened also in 1983, CHARLIE'S GRILL is located north of San Diego on the beach at Cardiff's Restaurant Row. In a 1930's architectural style building, the restaurant captures the spirit of a classy waterfront diner with a lively bar and excellent menu featuring fresh fish and ribs. In October 1984, TS opened CHICO's CANTINA at the Kaanapali Resort on Maui, Hawaii. The tropical Mexican restaurant offers a wide variety of authentic Mexican dishes in a casual atmosphere, sort of "Puerto Va 1 1 arta revisited". The bar itself i s covered by a large palm frond palapa (umbrella) and seems to be set in a tropical Mexican village, complete with taco stand, '55 Chevy, and woody station wagon. In January of 1986, TS opened KEOKI's PARADISE in Poipu Beach, Kauai. This seafood restaurant has already been tauted as one of the most unique and tropical settings on the island. You enter over a bridge with waterfalls on both sides, crashing into a pond below. This pond forms a stream which flows through the building, surrounded by lush Hawaiian vegetation. i In June 1987, TS remodeled and re- opened SUNNYSIDE RESTAURANT AND LODGE on the West Shore of Lake Tahoe. This mini - resort includes 23 rooms, a marina and a stunning view of Lake Tahoe from almost every seat in the restaurant. The new restaurant backed by forty years of dining tradition makes this location one of the classic spots in California. In May of 1989, TS opened DUKE's CANOE CLUB in Chris Hemmenter's Kauai Westin Resort. DUKE's is a named after the world famous and much loved Duke - Kahanamoku. The dining room is filled with pictures of Duke plus his original wood surfboards and canoe. The dining room overlooks a 100 foot waterfall flowing through the open air building and Nawiliuli. Bay. FUTURE OF TS RESTAURANTS All ten TS Restaurants have shown steady increases in both sales and profit since their.opening. TS Restaurants continues to look for unique locations in California and Hawaii which will meet the company standards of high quality restaurants and hopes to continue to expand at a moderate pace when such locations become available. 0 RESTAURANT VOLUMES In the 1988 calendar year TS Restaurant's gross volumes will be: Kimo's of Lahaina (165 seats) 4.5 million Kapalua Grill & Bar, Maui (145 seats) 3.6 million Jake's Del Mar (155 seats) 3.2 million Leilani's, Kaanapali Beach (180 seats) 3.5 million Charlie's, Cardiff -by- the -Sea (135 seats) 2.1 million Jake's, Tahoe (110 seats) 1.8 million Chico's Cantina, Maui (140 seats) 2.2 million Keoki's Paradise, Kauai (130 seats) 2.6 million Sunnyside Resort, Tahoe (190 seats) 3.2 million �..+.. ✓.ate .w.• 4�W� V+1Ya �q.YY� OMC" O8SO MOVAUA/ a o"BFlq Uu1t.2M PC TS AESTAL LA oulp"A 31� j I yw RECEIVED mi u Lava Pa "m Sawwr . RECEIVED J U t.l 11 i 19,009 CITY OF LA OUINTA PMM"AL RAJWT SuLCWYO t _ , , Sri ':�� 1::1 �� �'l: >s ■a .� ; .. �1 • �; ±�� Lam;. v ■ RECEIVED CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. a� 0 RECEIVED Jut.) , 1 1989 CITY OF LA OUINTA •+�••� •••••� /It�TAUAANR mtALOM STATE Of CALIFORNIA-- W11NtS5 &NO TEANSPCRATION AGENCY GBOROE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION OISTAICT 11• P.O. 8Ox 9540C SAN 01600 92134 -5408 (619) 237 -6976 RIV -111 -34.5 July 24, 1989 City of La Quinta 78 -105 Calla Estado P.O. Box 1504 La Quint &, Ca. 92253 Attn: Stan Sawa, Principal Planner Bay Club Drive PP 89 -417 RECEIVED JUL 2 4! 1989 CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. We have reviewed the plans for TS Restaurants commercial complex (PP 89 -417) located east of Bay Club Drive on State Highway 111. As you are conducting an initial environmental study on this project, we have the following comments. CALTRANS will probably not have a responsible agency role in the preparation of the EIR for this project addressing the significant impacts on our State Highway 111 and proposed appropriate mitigation measures. The regionally adopted Coachalla Halley Transportation Study recommends the widening of State Highway 111 to six (6) lanes in this area. In keeping with this ultimate roadway width concept, the right -of- way should be 150` plus additional right -of -way for any necessary slopes or other requirements desired by your agency. It should be noted that the traffic generated by this project, when added to the cumulative effect of other existing and proposed de velopment in this area, will have a significant impact on State Highway 111 and ot,hPr rTAn5nnrrat10n f&Ciliti*C in tho aroa. The davelap4v should be required to contribute monies toward improvements to these facilities. If you have any questions regarding our comments, please contact Bill Gorchak or Vann Hurst, of my staff, at (619) 237 -6976. Sincerely, JESUS M. GARCIA District Director By Gene Pound, Chief Transportation Planning Branch GP /VH:lw cc:CRWest GPound /VHurst JTCheshire RLCoward /RNickravesh MEMORANDUM CITY OF LA OUINTA TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: THE PLANNING AND DEVELOPMENT DEPARTMENT DATE: JULY 25, 1989 SUBJECT: ADDENDUM TO CONDITIONS OF APPROVAL FOR PP 89 -417 Following are additional conditions which should be added should you approve Plot Plan 89 -417: 1. Applicant shall improve or bond for his share of street improvements 41ong street frontage of site as required by pending Highway 111 Specific Plan. These improvements may include, but are not limited to: a. Landscaped median island. b. Curb, gutter, and sidewalk. 2. Applicant shall participate in installation of Riverside County bike path along Whitewater Storm Channel, as required by City of La Quinta, if deemed necessary. MR /MEMOPC.027 -1- e-4— p7au N r Y M Pe Planning & EngineerinS Office 46-209 Oasis Street, Suite 405 Indio, CA 92201 (619) 342 -8886 To: City of La Quinta Planning Division Re: Plot Plan No. 89 -417 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN NEWMAN FIRE CHIEF June 30, 1989 Planning & Fgineerins Offs 4080 Leaven Street, Suite 11 Riverside, CA 92501 (714) 787 -66% RECEIVED JUL -5 IM CITY OF LA QWNTA PLANNING & DEVELOPMENT DEPT. With respect to the condition of approval regarding the above referenced Plot Plan, the Fire Department requires the following fire protection measures be provided in accordance with La Quinta Municipal Code and /or recognized fire protection standards: 1. Provide or show there exists a water system capable -of delivering 3000 gpm for a 3 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 2. A tombiiaation-of on -site and off -site super fire hydrants (6" x 4" x 2}" x 2} ") will be located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 3. Install a complete•fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). System plans must be submitted with a plan check /inspection fee to the Fire Department for review. A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 4. Install a Hood Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check /inspection fee, to the Fire Department for review. 5. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning 6 Engineering Staff at (619) 342 -8886. Sincerely, RAY REGIS Chief Fire Department Planner By,rtei'r 0• Y_)ae� Dennis D. Dawson MEMORANDUM TO: Planning, Stan Sawa FROM: Engineering, Jerry Coffey DATE: July 6, 1989 SUBJECT: P.P. 89 -417 (Restaurant Hwy. 111) The following are general comments as requested regarding the subject: (1) State Highway 111 is subject to Caltrans requirements and permit procedures: (a) dedication of rights of way (b) slope easement(s) (c) street construction and geometrics (d) access to and from Highway (e) status of roadway on south side of Highway at the channel (wash) (2) Preservatin of Happy Point (Rock - Public Dedication). (3) City must be held harmless from any adverse events originating with the waterfall arrangement (or other permitted use) on or adjacent to what is planned to be City property and from any adverse event occurring due to landslides from that area. 0 zESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (619) 398.2651 DIRECTORS OFFICERS TELLISCODEKAS. PRESIDENT THOMAS E. LEVY, GENERAL MANAGER -CHIEF ENGINEER RAYMOND R. RUMMONDS. VICE PRESIDENT BERNARDINE SUTTON, SECRETARY JOHN P. POWELL KEITH H. AINSWORTH. ASSISTANT GENERAL MANAGER DH OTHYM. FISH LS July 3, 1989 REDWINE AND SHERRILL. ATTORNEYS RECEI`VE0 File: 0163.1 J UL 11 1989 Planning Commission CITY OF LA QUINTA City of La Quints PLANNING & DEVELOPMENT DEPT. Post Office Box 1504 La Quinta, California 92253 Gentlemen: Subject: Plot Plan 89 -417, Portion of Southwest Quarter, Section 19, Township 5 South, Range 7 East, San Bernardino Meridian This area is protected from stormwater flows by the Whitewater River and Deep Canyon Stormwater Channels and may be considered safe from stormwater flows except in rare instances. There may be erosion of the banks of the Whitewater River and Deep Canyon Stormwater Channels during periods of unusual rainfall and discharge. The developer shall construct concrete slope protection on the banks of the stormwater channels to prevent erosion. Plans for concrete slope protection shall be submitted to the Coachella Valley Water District for review. A portion of this area is adjacent to the right- of-way of the Whitewater River and Deep Canyon Stormwater Channels. We request that the developer be required to install suitable facilities to prohibit access to this right -of -way. The developer shall obtain an encroachment permit from the Coachella Valley Water District prior to any construction within the right -of -way of the Whitewater River and Deep Canyon Stormwater Channels. This includes, but is not limited to, surface improvements, drainage inlets, landscaping, and roadways. The district will furnish, domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. This area shall be annexed to Improvement District No. 55 of Coachella Valley Water District for sanitation service. TRUE CONSERVATION USE WATER WISELY Planning Commission' -2- July 3. 1989 Plans for grading, landscaping, and. irrigation systems shall be submitted to Coachella Valley Water District for review. This review is for ensuring efficient water management. If you have any questions please call Bob Meleg, stormwater engineer, extension 264. Yours very truly, Tom Levy General Manager -Chief Engineer RF:ra cc: Don Park Riverside County Department of Public Health 46 -209 Oasis Street Indio, California 92201 COACHELLA VALLEY WATER DISTRICT (utvrLVrnntN1 NEW 1 COMMITTEE REQUEST FOR COMMENT C� 6� LA 4UMRA � 1dS C�►M t�M IA. 1" 104 PLANNING DIVISION ►HONE: (61f) 664 -2246 To: DATS s -19 - b� N City Manager +� Public Works /Engineering C— Tire Marshal N Community Safety Department Farm– 11,11 1 -,**M2&Wr-of Conwrce CVWD Imperial Irrigation N Southern California Gas DSUSD CVUSD Palm Desert Disposal T General Telephone Palmer Cable vision Sunlins Transit Caltrans (District 11) Agricultural Commission City of Indian Wells City of Indio Riverside County: Planning Department Environmental Health Property Sheriff's Department OwTser's Association Road Department Coachella Valley Archaeological Society SUBJECT: Comments, Findings and Conditions concerning subject project. LA QUINTA.CASE NO(S). --Sy – Go t� y� ✓G: A � co PROJECT DESCRIPTIONS 10, Z50 3Q. �•_ ] PRO ICT LOCATICNs " co n5«{x r.l zwraY4 +ro.rx -700 I }- w&s4 of Up G 13 • --77 70 - �O&. a. - -T The City of La Quints valopment Review Cmmsittee is conducting an initial environmental study pursuant to the California = nvironmental Quality Act (CEQAI for the above referenced project(s). Attached is the informatics sutiaitted by the project proponent. Your cements are requested with rappeet too •C�f✓3 1. Physical impacts the projdct presents on public resources, facilities, and /or sarvicesi 2. Recomanded conditionss a.) that you or your agency believe would mitigate any potential adverse effectsl b.) or should apply to the project designs e.) or improvements to satisfy other regulations and concerns which your agency is responsible. and 1. if you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. Please send your response by Q-�J�N 7 You are invited to attend the DEVEWPMENT REVIEW COHMITTEL meeting at the M Quints City hall scheduled fors Date: ZULy 13 tag'q Times Contact Person: 34-nYi l� RhY)e -)Pq l Pane' Cortnents made bye L ," .�. Date ofzt? Title /4 a44/10Z Phone Agency /Division Awe I ffF A/rx o�(.v$- cep ip sa �► ate- e s /�l� SunLine Transit MEMBER AGENCIES Cathedral City Coachella Desert Hot Springs Indio La Quinta Palm Desert Palm Springs Rancho Mirage Riverside County Mr. Stan Sawa Principal Planner CITY OF LA QUINTA P.O. Box 1504 La Quinta, CA 92253 RE: PP 89 -417 Dear Mr. Sawa: June 27, 1989 RREIVED JUL - 5 19F9 CITY OF LA Wt4TA PLANNING & DEVE1OPMENT DEPT. Thank you for the opportunity to review the plans for TS Restaurant. As you may know, SunLine operates Line 19 on thirty- minute headways along Highway 111 in the vicinity of this project. Beginning in the fall, SunLine will operate Line 19 on 15 minute frequencies during peak hours. We request that a bus turnout and a passenger shelter be included in the project to be located on Highway 111 near the driveway entrance. The shelter could be designed by our standards or the developer may contact Sunrise Media to arrange placement of a shelter. The maintenance of the shelter is the responsibility of the property owner. SunLine has suggested standards for bus turnouts and passenger waiting shelters. We will be most happy to work with the City and with the developer to create a mutually acceptable design. Yours very truly, SUNLINE TRANSIT AGENCY ��� - a �_ Debra Astin Senior Planner DA/ kh 26 Jun6 190-9 C, of L., ''U i nta P14 -ni nc, D1.7.r1 stir. 7Q -105 Calle Ear ..,t""t _ c22:3 Attn.: 3t':11 S'lWa 3e : PP 99 -117 Dear air, The su'; jPc`. proo?rby si :s sT5ick in the - !nildle of what w=as orizinglly r °corded as a very lar Ste tirclvip,olgiczl site..RIV -150. This re ^ordation has been ch -inged to reflect core one is on this prop -rty, one across the Whit—water, three portions Niue ^o ith icross Hwy 111. The — st—rn por ;ton of th s pro jP does not fzppe-ar .o have �•.corl 311 r.r �`� cri. Per OFQA of st�l:i�'icen of c?11;-4r'tl resour,�^s: 1. Ba.c�sro�uZl „�s��rch/ 3ecords Se -Arch a. If no. ? 1rvA•r -d. .on -foot survey by qualified personel '�. If :3,�r'P'_ ✓ -i, rPvl —' of reports. C If si.?s recorded, have they be -n tested? 1. 31?nlftcant? 2. ; -Itt1 gated? If this is part of the area Amiexed from county, County Planning sho!ild have copies of any repo -ts generated by prior developments after 1971. Be advised that one of the early records on the BIG site ,is referred to as Happy Hunting wro,inds site...a ce^ietery Past of Point Heppy...')u. 1, doesn't s!i,► how •ii.ny fe -t e <ast. Burial „e-viins raq,it ~P - 1t1git'.on `?-yon,! tes.i rr. aj114-4 Gale Broeker. WAS 07/10/89 16:06 $619 346 0401 CTY INDIAN WELLS uh C �tr �Ind,.•�mWells Stan Sawa City of La Quint& 79 -105 Calls Estada P.O. Box 1504 La Quintal CA 92253 REi PP 89.417 Daar Mr. Sawas x4YA t=MAW ,MYE INMAN WULO, CAUMW A OU16 July 10, 1989 ON A440 The City of Indian Wells appreciates the opportunity to review the above referenced case. Due to the location of the property directly adjacent to Indian Walls$ eastern limits, there is Concern over the development of this property.. A Highway 111 Specific Plan for Indian Wells, is being pre- pared at this time. This document will provide specific development standards and design guidelines for all development along the Highway 111 Corridor. As the location of this site is west of the rock formation, which forms a natural transition between the Cities of La.Quinta and Indian Wells, the City would aneouraga incorporation of the standards set forth in the Indian wells Highway ill Specific Plan. The land west of the project site in the City of Indian wells is designated Medium Density Residential, with a maximum height restriction of 25 feet. The height of the two story office building and the height of the restaurant pad need to be considered as to their impact on this future residential development. Addi- tionally, noise, light and glare, trash facilities and pickup associated with the project, have the potential to impact this adjacent future residential development and need to be considered. Thank you for your consideration of those issues. We would appreciate being kept apprised of future plans and reviews on this project. RECEIVED JUL 1 0 1989 CITY OF LA QUINTA BLS : dmn PLANNING b DEVELOPMENT DEPT. Very truly yours, BRENDA L. SCARCELLA ASSOCIATE PLANNER CnT Of LA QUI"L `fop o ENVIRONMENTAL CHECKLIST FORM I. BACKGR04ND L 1. Name of Proponent: -r5 � ofUrrm45 2. Address and Phone Number of Proponent: .?Sa L S _4Wj4 _4W 10 1 card rte, Gay C12Cv? (4(1> q4:5-- 1 a-A-,-�_ 3. Date of Checklist: 4. Agency Requiring Checklist: S. Name of Proposal, if applicable: II. ENVIRONMENTAL IMPACTS (Explanation of all "Yes" and "Maybe" answers is required on attached sheets.) 1. Earth. will the proposal result in: Yes Ma' a Ho a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? c. Change in topography or ground surface relief features? _ d. The destruction, covering or modification of any unique geologic or physical features? e. Any increases in wind or water erosion of soils, either on or off the site? _ f. Changes in deposition or erosion of beach, sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? V _.._ S. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? _ 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? +_ b. The creation of objectionable odors? V c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? V 3. Mater. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? _ b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? _ \r _ c. Alterations to the course of flow of flood waters? _ d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? _ g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? _ (3) (5) Yes tS be !:o C. Substantial impact upon existing transportation systems? _ IV d.; Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, ` bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered govern- mental services in any of the following areas: a. Fire protection? \ V b. Police protection? _ c. Schools? d. Parks or other recreational facilities? r e. Maintenance of public facilities, including roads? _ L f. Other governmental services? _ �r 1S. Ener . Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ • b. Substantial increase in demand upon existing sources of energy, or require the development \ of new sources of energy? _ y 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? _ IV e. Water! d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the o struction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ V 19. Recreation. Will the proposal result in an impact upon a quality or quantity of existing recrea- V tional opportunities? i 20. Archeological/Historical. Will the proposal result n an alteration o a significant archeological \ or historical site, structure, object or building? 21. Mandatory Finding of Significance. i a. Does the project have the potential to degrade the quality of the environment, substantially re- duce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plan 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? (5) 1 CITY OF LA QUINTA INITIAL STUDY PLOT PLAN #89 -417 Responses to "Yes" and "Maybe" answers - mitigation measures II. Environmental Impacts 1. Earth a.& Due to construction at base of rock d. outcropping, unstable earth conditions and modification of physical features may result. b. Since the site is vacant at present time, it can be expected that the project will cover over a majority of the soil on the site. C. Grading of the site will modify natural grade of site. g. Due to rock outcroppings proximity to structures there is potential of damage or injury from landslides or earthquakes. Mitigation measures - compliance with City requirements, including but not limited to, grading, paving, landscaping will provide acceptable protection. 3. Water b. Construction and paving will increase run -off from site Mitigation measures - drainage of site will be directed to stormwater channels which abut site to west and north. i. Stormwater channels exist to west and north of site and could erode or overflow in rare instances. Mitigation measures - CVWD will require concreting of channel walls to eliminate potential for slope erosion. 7. Light and Glare There will be exterior lighting of parking lot, building and rock outcropping. Mitigation measures - lighting shall be required to be shielded to mitigate glare and overspill to adjacent properties and Highway 111. BVINST.001 - 1 - 8. Land Use Since site is vacant, implementation of project will change use of land. Mitigation measures - none are required since land is designated for commercial use by General Plan and Boning classification. 13. Transportation /Circulation a. Project will undoubtedly create new traffic d.& at and near site. This will create potential f. for new vehicular movement and increased traffic hazards. Mitigation measures - Highway 111 is a State highway and as such is controlled by Cal Trans. Their requirements for improvement and access will mitigate significant impacts created by the project. b. The project will create need for new parking facilities. Mitigation measures - the project is proposing adequate new parking facilities for the commercial complex. 14. Public Services a. & There will be an incremental increase in need b. for fire and police protection due to project. Mitigation measures - due to incremental increase expected, no mitigation measures are necessary since current staffing level should be adequate to maintain acceptable level of service. 18. Aesthetics Point Happy, the outcropping on the east side of the site is noted as a desirable natural feature by the General Plan, and is prominent as the west entrance to the City. Mitigation measures - construction of this project is limited to the base of Point Happy. Staff will carefully review plans to insure that impact on Point Happy is minimal. BVINST.001 - 2 - W, 20. Archaeological /Historical Site has been identified by Coachella Valley Archaeological Society as having an archaeological past. Mitigation measures - survey and research of archaeological past with necessary mitigation is required prior to any disruption or grading of site. BVINST.001 - 3 - CONDITIONS OF PLOT PLAN NO. JULY 25, 1989 V APPROVAL - PROPOSED 89 -417 PLANNING AND DEVELOPMENT DEPARTMENT 1. The development of the site shall generally be in conformance with the Exhibits "A" through "F" contained in the file for Plot Plan #89 -417, unless otherwise amended by the following conditions. 2. The approved Plot Plan shall be used within one (1) year of the approval date; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not including grading, which is begun within the one -year period and is thereafter diligently pursued to completion. 3. Outside lighting shall be shielded and directed so as not to shine directly upon surrounding adjoining property or public rights -of -way. Lighting plans including light pole heights shall be reviewed and approved by the Planning Director. 4. Waterfall /ponds shown on adjacent "Rock" parcel (proposed by Parcel Map #22596) shall be part of subject parcel unless City Attorney approves alternate arrangement. 5. Parcel Map #22596 shall be recorded prior to issuance of any permits for this development. 6. A "hold harmless" agreement in favor of the City shall be recorded to release City and /or property owner of easterly parcel from liability caused by damages and /or injuries, etc., from landslides, falling rock, etc. Agreement shall be approved by City Attorney prior to issuance of any permits for this development. 7. Building heights shall be clarified prior to issuance of building permit to verify compliance with applicable zoning requirements. 8. Minimum 1/4 of parking spaces shall be provided during hours restaurant is open as self - parking areas. 9. Trash area for restaurant shall be relocated to provide acceptable access for trash company; separate trash area for office building shall be provided. 10. Monument sign shall be relocated so that it is not in street right -of -way. BJ /CONAPRVL.004 - 1 - 11. Along west property line a 4 -foot high decorative masonry wall /berm shall be provided. 12. Any scarring of hillside caused by this development shall be treated chemically to match existing rocks. 13. No alterations or construction on hillside other than that allowed by this approval, shall occur without prior approval of Planning Director. 14. 11 -foot wide spaces for end spaces with restricted back -up area and handicap spaces per City code requirements shall be provided. 15. A sign program for all signs shall be approved by the Planning Commission prior to construction of sign(s). 16. Exterior colors visible to Highway 111 shall "blend" with natural color of Point Happy. 17. Prior to issuance of any grading or building permits, developer shall cause City of La Quinta to retain a qualified archaeologist at developers expense, to review prior Archaeological Study RIV -150. If subject site is not completely covered by previous study, on -foot survey of site shall be done and mitigation and monitoring plan for artifact location and recovery shall be prepared. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) . for a two -week review and comment period. At a minimum, the plan shall: a. Identify the means for digging test pits; b. Allow sharing the information with the CVAS; and C. Provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Planning and Development Department for final review and approval. Prior to the issuance of a Grading Permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. A list of qualified archaeological monitor(s), cultural resources management firm employees, and any assistant(s) /representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail to the Planning and Development Department. BJ /CONAPRVL.004 - 2 - �k = The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recover, the developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 18. A pedestrian walkway shall be provided from parking lot through ground floor of building to entry of restaurant. 19. Prior to the issuance- of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and /or clearances from the following public agencies: o City Fire Marshal o Cal Trans o. City -..of La Quinta Public Works Department o Sunline Transit o Planning and Development Department, Planning and Building Divisions o Coachella Valley Water District o Desert Sands Unified School District Evidence of said permits or clearances from the above - mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 20. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. BJ /CONAPRVL.004 - 3 - DATE: PROJECT: APPLICANT: REPRESENTATIVE: LOCATION: ZONING: BACKGROUND: STAFF REPORT DESIGN REVIEW BOARD SEPTEMBER 4, 1991 ITEM "H" PLE 11dH CLIFFHOUSE RESTAURANT - PLOT PLAN 89 -417, AMENDMENT #1 TS RESTAURANTS BOB PARSON 78 -250 HIGHWAY 111 (NORTH SIDE OF HIGHWAY 111, 1400 FEET WEST OF WASHINGTON STREET) GENERAL COMMERCIAL (C -P -S) This amended plot plan was approved by the City Council on May 15, 1990, and the Planning Commission on May 8, 1990. The project consists of 10,250 square foot restaurant and 10,000 square foot office building. The first phase which consists of the restaurant is presently under construction. Also on this agenda for this meeting, for consideration, are the signs for this restaurant. LANDSCAPING PROPOSAL: The landscaping concept is desert or native. Landscaping materials almost exclusively consists of desert or native type. The main trees proposed to be utilized consists of Shoestring Acacia, Mexican Palo Verde, and Chilean Mesquite. Shrubs utilized which are typical of desert or native types, include Agave, Cassias, Yuccas, and Salvia. The landscaping has been designed to compliment the early California architecture of the restaurant. There is also some use of boulders in the landscaping plan especially at the southwest corner of the site adjacent to Highway 111, to compliment the natural boulders of the site. Within the parking lot area the main tree utilized is the Mexican Palo Verde which will reach a span of approximately 30 feet in width. Due to the large parkway along Highway 111, a depth of approximately 40 feet of landscaping will be provided within the Caltrans right -of -way area. Several plants are shown outside the boundary of the subject property along the hillside east of the project site. STAFF COMMENTS: Staff has reviewed these plans and would offer the following comments: 1. In order to plant on the adjacent property to the east, approval of the owners of that property will be necessary. � �. /' � i ' �. �' � ' �, AS 2. A number of plants especially surrounding the outdoor patio area have not been identified. The plans will have to be modified to identify these plants. 3. The parking lot area will need to be screened from Highway 111. The boulders used adjacent to Highway 111 may provide that screening. However, this has not been verified at this time. 4. A requirement of the plot plan is that the parking area be screened along the west property line which is adjacent to the Indian Wells Evacuation Channel. The landscaping plan only indicates Mexican Palo Verde and desert wildflower mix along this area. Therefore it will have to be verified whether this screening is being provided. 5. The Off - Street Parking Development Standards require that 50% of the parking lot area be shaded by trees or trellis structures. The Applicant is showing trees within the parking lot area. However, the spacing of the trees does not provide the required shading necessary. The number of trees will need to be increased especially within the landscaped island in the middle of the parking lot area. The trees should be spaced approximately 35 feet on center in order to provide the required shading. 6. The plan presently shows several Mesquites and a number of boulders within the Caltrans right -of -way. Normally, Caltrans does not permit these types of landscaping features within their. right -of -way. The Applicant has to obtain Caltrans clearance and approval of the landscaping plans prior to the beginning of installation. Any modifications required by Caltrans will also need to be approved by City Staff. 7. If the office site at the northern end of the property has been graded, it will be necessary for the Applicant to plant this area with wildflowers. 8. The plot plan approval requires that.emitter or drip irrigation be utilized to the greatest extent possible. With the type of landscaping materials utilized, much of it will be able to emitter or drip irrigated. The submittal does not include a irrigation plan at this time. The irrigation plan will need to be submitted to City Staff for approval. It should also be noted that the irrigation, landscaping, and grading plans must be reviewed and approved by the Water Management Specialist at the Coachella Valley Water District. RECOMMENDATION: The Design Review Board should review the plans in light of Staff's comments and approve the project with applicable conditions. However, should the Design Review Board feel that sufficient revisions are necessary, the Board should require that the plans be revised and resubmitted for the next meeting. Attachments: 1. Location map 2. Landscaping plans 3. Approved Conditions of Approval for Plot Plan 89 -417, Amendment #1 DRBST.011 PLOT PLAN 89 -417, AMENDMENT #1 Conditions for approval of Landscaping Plan as approved by the Design Review Board on September 4, 1991. 1. Any landscaping planting and /or irrigation work on adjacent properties shall be approved in writing by adjacent property owners, with letter submitted to Planning and Development Department. 2. All plants and landscaping features shall be identified. 3. Berming, boulders, and /or landscaping shall be provided to insure screening of parking lot area from Highway 111. 4. Along west property line, adjacent to Indian Wells Evacuation Channel, screening of parking lot area shall be provided as required by Plot Plan approval. 5. Parking lot trees shall be spaced in order to provide shading of parking lot area. Trees should be spaced approximately 35 feet on center in order to provide the required shading. 6. All landscape planting and /or features in right -of -way shall be approved by Caltrans prior to installation. Any modifications required by Caltrans shall be approved by the Planning and Development Department. 7. If the office site at the northern end of the property has been graded, it will be necessary to plant this area with wildflowers or other landscaping to minimize blowing dust and sand. 8. As required by Plot Plan, emitter or drip irrigation shall be utilized to the greatest extent possible. 9. Landscaping, irrigation, and grading plans shall be approved by Water Management Specialist at CVWD and the Planning Department Staff. 10. Final landscaping and irrigation plans shall be submitted to Staff for review and approval. LTRSS.088 -•►� .� l �� l ' r STAFF REPORT PLANNING COMMISSION MEETING DATE: MAY 8, 1990 APPLICANT: T S RESTAURANTS CASE NO: PLOT PLAN 89 -417 (AMENDMENT #1) REQUEST: APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED PLOT PLAN TO CONSTRUCT A COMMERCIAL COMPLEX CONSISTING OF A 10,250 SQUARE FOOT RESTAURANT AND 10,000 SQUARE FOOT OFFICE BUILDING. LOCATION: GENERAL PLAN DESIGNATION: ZONING: ENVIRONMENTAL CONSIDERATIONS: BACKGROUND: NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FEET WEST OF WASHINGTON STREET. GENERAL COMMERCIAL C -P -S (SCENIC HIGHWAY COMMERCIAL) A NEGATIVE D; CONJUNCTION SEPTEMBER 6, CREATE ANY THEREFORE NO NECESSARY. ECLARATION WAS APPROVED IN WITH THE ORIGINAL APPROVAL ON 1989. _ THIS AMENDMENT WILL NOT NEW OR ADDITIONAL IMPACTS- AND FURTHER DOCUMENTATION IS DEEMED This case was approved by the City Council at their meeting of September 6, 1989. Normally, Council's action would be to accept a report of the Planning Commission action, but in this case the City Council reviewed the case because of concerns with traffic access and the streams and waterfalls on Point Happy. Full turning access was permitted only if Caltrans grants approval and the plans were revised so that the waterfall and streams height on Point Happy not exceed approximately 143 feet. The original plans called for a southwest design utilizing a tan stucco and tile roof to "blend" in with the mountain. A covered first floor drop off aisle for the restaurant was provided, with all parking to the west of the restaurant and office building. BJ /STAFFRPT.063 - 1 - � REOUESTED AMENDMENT: The Applicant now wishes to change the architecture concept of the plan and site plan layout. The concept now is for the buildings to have the early California look similar to the La Quinta Hotel. The Applicant's architect has submitted a detailed letter which describes the various changes proposed. The items described include: 1. Architectural design 2. Site plan 3. New restaurant entry driveway 4. Height of restaurant 5. Water feature on hillside 6. Colors of buildings One feature that differs from the original plan is the addition of outdoor dining adjacent to the hillside. The majority of this seating is under an extended eave. A short loop walkway adjacent to the water feature is shown which runs off the parcel and on to the "rock" parcel. This parcel is intended to be retained in a state of open space. PARKING: The parking has been provided pursuant to the Urban Land Institute's shared parking methodology as permitted by Code. Therefore 119 spaces are required and 120 spaces provided. Their analysis- indicated that they -will be serving lunch and dinner. During the previous approval they were only intending to be open for dinner. The amended plan does now have 14 of the spaces between the restaurant and office building. Previously, the buildings were adjacent with no parking between them. BUILDING HEIGHT: The proposal indicates a maximum height of approximately 35 -feet for the restaurant and 31 -feet for the office building. Because of the use of boulders in front of the restaurant, the height will appear lower. ANALYSIS• 1. While the southwest concept has changed, the early California concept is attractive and acceptable to Staff. 2. Applicable conditions of approval from the original plan will still apply to this approval. 3. The new Parking Ordinance requires 25% of the spaces to be provided for self parking. The original approval only required 12.5% with the balance able to be valet parking. BJ /STAFFRPT.063 - 2 4. The City may want to place a "City entry" sign within the fifty foot landscape buffer adjacent to Highway 111 facing Indian Wells. Therefore a condition is recommended that should the City deem a City entry sign be necessary, that the Applicant will permit it without objection. 5. Along the west property line, the Parking Ordinance requires a minimum 3 -foot distance between property line and parking space. The plan shows a varying setback with a minimum of 1+ foot. This will need to be revised. A minimum 3 -foot setback will allow room for the previously required four foot high screen wall. 6. All new development standards for parking areas will need to be complied with including, but not including, lighting and parking lot shading with trees. 7. The highest elevation of the stream /pond previously was 143+ feet. The new plan indicates a level of 156+ feet. A recommended condition requires water level to be no higher than before. FINDINGS: 1. Plot Plan #89 -417, Amendment #1 as conditionally approved, is consistent with the adopted La Quinta General Plan, in that - construction is being limited to the area below a 20$ slope and Point Happy is being preserved. 2. Plot Plan #89 -417, Amendment #1 approved, is consistent with applicable Ordinance requirements and State law. 3. Based on the plans submitted, the physically suitable for the proposed de, topography, zoning and proximity to development. as conditionally La Quinta Zoning subject site is velopment, due to other commercial 4. The overall development of the land as conditionally approved, is designed for the protection of the public health, safety, and general welfare. 5. Plot Plan #89-417, Amendment #1 as conditionally approved, is in substantial conformance with the "base plan" policies for the Highway 111 Specific Plan. 6. A Negative Declaration has been approved in accordance with the California Environmental Quality Act, and it has been been determined that the amended project will not result in any significant adverse impact on the environment, and therefore, no further documentation is deemed necessary. BJ /STAFFRPT.063 - 3 - t RECOMMENDATION: Based upon the findings and analysis, it is recommended that Plot Plan #89 -417, Amendment #1 be approved by minute motion, subject to the attached conditions. Attachments: 1. Location Map 2. Letter describing proposed amendments and parking calculations 3. Plans and exhibits 4. Planning Commission Staff report dated July 25, 1989 5. Conditions of Approval September 6, 1989 6. Draft Conditions of Approval BJ /STAFFRPT.063 - 4 - --1 W C.V.WD. A), %4 �a h J T,4 Ae 0� V� J TORM CHARNEL wcIN /TY Am N.7.S. 4I IA D yi-7. o w NORTH SCALE: NOT TO SCALE / { CONDITIONS OF APPROVAL - APPROVED PLOT PLAN NO. 89 -417, AMENDMENT #1 MAY 81 1990 PLANNING AND DEVELOPMENT DEPARTMENT 1. The development of the site shall generally be in conformance with the Exhibits contained in the file for Plot Plan #89 -417, Amendment #1 unless otherwise amended by the following conditions. 2. The approved Plot Plan shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which ' is contemplated by this approval, not including grading, which is begun within the one -year period and is thereafter diligently pursued to completion. 3. Outside lighting shall be shielded and directed so as not to shine directly upon surrounding adjoining property or public rights -of -way. Lighting plans including light pole heights shall be reviewed and approved by the Planning Director. Lighting to be in conformance with the City Ordinance requirements. 4. Issues pertaining to liability, damages, construction, etc., due to- waterfall /ponds on "Rock" _parcel to the east, shall be resolved by written agreement approved by the City Attorney prior to issuance of any permits for this project. Goal of this Condition is to either have waterfall /pond and other restaurant improvements on "Rock" parcel with "Hold Harmless" agreements or modify property line between subject property and "Rock" parcel so that waterfall /pond and other restaurant improvements are not on "Rock" parcel. 5. Parcel Map #22596 shall be recorded prior to issuance of any permits for this development. 6. A "Hold Harmless" agreement in favor of the City shall be recorded to release City and /or property owner of easterly parcel from liability caused by damages and /or injuries, etc., from landslides, falling rock, etc. Agreement shall be approved by City Attorney prior to issuance of any permits for this development. 7. Building heights shall be clarified prior to issuance of building permit to verify compliance with applicable zoning requirements. 8. Minimum 25% of parking spaces shall be provided during valet hours as self - parking areas as required by Code. BJ /CONAPRVL.004 - 1 - Conditions: r' �?!:�proval PPr 89- 417, ' -Amendment #1 `$ May 8,, 1990 9. Along west property line a 4 -foot -high decorative masonry wall and or berm shall be provided. 10. Any scarring of hillside caused by this development shall be treated chemically to match existing rocks. 11. No alterations or construction on hillside other than that allowed by this approval, shall occur without prior approval of Planning Director and City Engineer. 12. A sign program for all signs shall be approved by the Planning Commission prior to construction of sign(s). 13. Prior to issuance of any grading or building permits, developer shall cause City of La Quinta to retain a qualified archaeologist at developers expense, to review prior Archaeological Study RIV -150. If subject site is not completely covered by previous studies, on -foot survey of site shall be done and mitigation and monitoring plan for artifact location and recovery shall be prepared. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: a. Identify the means for digging test pits; b. Allow sharing the information with the CVAS; and c. Provide for further testing if the preliminary -results show significant materials are present. The final plan shall- be submitted to the Planning and Development Department for final review and approval. Prior to the issuance of a Grading Permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. A list of qualified archaeological monitor(s), cultural resources management firm employees, and any assistants) /representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail to the Planning and Development Department. BJ /CONAPRVL.004 - 2 - Conditions of \,_, roval' PP 89- 417," Amen�''"�Q t 1. May ::8,:1990 ` f, -� The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or- recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recovery, the developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 14. Prior to the issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and /or clearances from the following public agencies: o City Fire Marshal -`�-o Cal Trans City of La Quinta Public Works Department `-o Planning and Development Department, Planning and Building Divisions -o- Coachella Valley Water District —o Desert Sands Unified School District Evidence of said permits or clearances -from _the above - mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use,contemplated herewith. 15. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. Applicant shall improve or bond for his share of street improvements along street frontage of site as required by pending Highway 111 Specific Plan. These improvements may include, but are not limited to: a. Landscaped median island. b. Curb, gutter, and sidewalk. �. Applicant shall participate in installation of his share of Riverside County bike path along Whitewater Storm Channel, as required by City of La Quinta, if deemed necessary. 1-8. Project shall be restricted to vehicular right turns in and out per Caltrans approval, unless Caltrans approves additional turning movements. BJ /CONAPRVL.004 - 3 - . Conditions of Approval =PP 89 -417, Amen ent' 41 :.�t , Kay 8 '1990 �y r y�� 19. A geological technical study shall be prepared by a qualified engineer to verify that the mountain slopes are stable and will support the proposed development. Mitigation measures, if necessary shall be implemented as a part of the project. 20. Water level is approved at the lower elevation shown on previously approved plans (September 6, 1989) and the Applicant shall be allowed to resubmit at a higher elevation if he can justify it. 21. Applicant /Owner shall allow City to install a "City entry" sign within 50 -foot landscape buffer if deemed necessary by City. Sign to be in location that does not obstruct complex or complex signage 22. All applicable parking development standards shall be complied with. Plans to be revised to comply prior to issuance of any building permit. 23. Landscaping plan to emphasizes low water usage planting and emitter or drip irrigation where feasible. Prelinimary and final landscaping and final irrigation plans to be submitted and approved by Design Review Board prior to issuance of building permit. 24. Parking lot area to be screen from Highway 111 through use of berming and /or walls. 25. Sidewalk to meander with plan for design to be approved by Planning and Development Department prior to issuance of permit.for construction of sidewalk. 26. Project' may be phased; parking spaces for structure adequate to comply with parking requirements shall be provided. 27. All pad areas not constructed with Phase I that are graded shall be seeded and temporarily irrigated with wildflower mix. 28. All mechanical equipment shall be screened with architecturally compatible materials and approved by Planning and development Department. FIRE MARSHAL: 29. Provide or show there exists a water system capable of delivering 3,000 gpm for a three hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. BJ /CONAPRVL.004 - 4 - cf r j _ Conditions of Aproval - PP -89 417,,tAmen , nt 1 May 8, ,1990 - b 30. A combination of on -site and off -site super fire hydrants (6" X 4" X 2 -1/2" X 2 -1/211) will be located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 31. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connector shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). System plans must be submitted with a plan check/ inspection fee to the Fire Department for review. A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 32. Install a Hood Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check /inspection fee, to the Fire Department for review. 33. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1OBC in rating. Contact certified extinguisher company for proper placement of equipment. PUBLIC UTILITIES: 34. All- conditions and -requirements of Coachella Valley Water District shall be met. BJ /CONAPRVL.004 - 5 - CITY OF LA QUINTA PLANNING COMMISSION NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta Planning Commission will hold a PUBLIC HEARING on May 8, 1990, at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78 -105 Calle Estado, on the following item: ITEM: PLOT PLAN 89 -417 AMENDMENT #1 APPLICANT: T.S. ENTERPRISES LOCATION: NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1200 FEET WEST OF WASHINGTON STREET REQUEST: APPROVAL OF A MODIFICATION TO A PREVIOUSLY APPROVED PLOT PLAN TO CONSTRUCT A COMMERCIAL COMPLEX CONSISTING OF A 10,250 - SQUARE -FOOT RESTAURANT AND 10,000 - SQUARE -FOOT OFFICE BUILDING IN THE C -P -S ZONE LEGAL: A PORTION OF APN 613 - 770 -022 The La Quinta Planning and Development Department has previously completed an environmental assessment on the original Plot Plan. Based upon this assessment, a Negative Declaration was approved. This modification will not have any additional impacts and therefore, no further documentation is deemed necessary. Any person may submit written comments on the proposal to the Planning and Development Department prior to the Hearing and /or may appear and be heard in support of or opposition to the Plot Plan at the time of the Hearing. If you challenge the decision of this Plot Plan in court, you may be limited to raising only those issues that you or someone else raised either at the Public Hearing or in written correspondence delivered to the Planning and Development Department at, or prior to, the Public Hearing. The proposed Plot Plan file may be viewed by the public Monday through Friday from 8:00 a.m. until 5:00 p.m. at the Planning and Development Department, La Quinta City Hall, 78 -099 Calle Estado, La Quinta, California. ----------------------------=---------------------------- - - - - -- -----------------------------7--------------------------------- DO NOT PRINT BELOW THIS LINE PUBLISH ONCE ON APRIL 27,. 1990 RESTAURANT VOLUMES In the 1988 calendar year TS Restaurant's gross volumes will be: Kimo's of Lahaina (165 seats) 4.5 million Kapalua Grill & Bar, Maui (145 seats) 3.6 million Jake's Del Mar (155 seats) 3.2 million - Lei -1 an i -' s, -- Kaanap.a.l i -- Beach - - - -- - ( 1 -80 --seats ) -- - -3.5-million - Charlie's, Cardiff -by- the -Sea (135 seats) 2.1 million Jake's, Tahoe (110 seats) 1.8 million Chico's Cantina, Maui (140 seats) 2.2 million Keoki's Paradise, Kauai (130 seats) 2.6 million Sunnyside Resort, Tahoe (190 seats) 3.2 million `� 1J dw FAZm7i � Y)), L r ti aww� • ■� ■w f MOPOMED �TA�A11fT \ A OPRICM Pcwb TS RESTAU LA O�JINITA RECEIVED i`iTv lC I A ni IiAtTA IN- 1 ..•.0 • 60'' appoo g 11� �i�� `�;�, RECEIVED smom vl� .UMMITA.,. ARM., MPMM ■ 0 A. Imam ® r r i IEI mmmmscwwLAL uUmiawas I RECEIVED CITY OF LA CIUINTA PI ANNINf. & I1FVF1()PMf NT m'?T ,�S I RECEIVED ' .ium 1 ^ » . gig CITY OF LA QUINTA :S �� �•�� MINtTALMRA " M%Xuc � r!" #_ Planning 8 EnOeerins O`TKC 46-209 Oasis Street, Suite 405 Indio, U 92201 (619) 342 -8886 To: City of La Quinta Planning Division Re: Plot Plan No. 89 -417 RIVERSIDE COW nRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN NEWM4N FIRE CHIff June 30, 1989 planning 6 &,,-6neerin3 OF 4080 Lemon 9tred, Suitt 1 Riverside, U 92501 (714) 787 -6606 RECEIVED JUL - 5" CITY OF LA QUINTA I PLANNING a MROPME19 DEPT. With respect„ to the condition .o.f_approval ... regarding_. the.- above - .refer- enced- Plot — Plan; the Fire Department requires the following fire protection measures be provided in accordance with La Quinta Municipal Code and /or recognized fire protection standards: 1. Provide or show there exists a water system capable.of delivering 3000 gpm for a 3 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 2.. A eombiiation-of on ----site and off -site super fire hydrants (6" x 4" x 21" x 2}11) will be located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 3. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, within SO feet of a hydrant, and a minimum of 25 feet from the building(s). System plans must be submitted with a plan check/ inspection fee to the Fire Department for review. A statement that the building(*) will be automatically fire sprinklered must be included on the title page of the building plans. 4. Install a Hood Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check /inspection fee, to the Fire Department for review. 5. Install portable fire extinguishers per NFPA, Pamphlet #10. but not less than 2A10RC in rating. Contact certified extinguisher company for proper placement of equipment. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning 6 Engineering Staff at (619) 342 -8886. Sincerely, RAY KEGIS^^ ir�UDepartment Planner By a ' "t `�. C * BS -` STAFF REPORT - -_ PLANNING COMMISSION MEETING DATE: AUGUST 22, 1989 APPLICANT: T S RESTAURANTS PROPOSAL: PLOT PLAN 89 -417; REFERRAL FROM THE CITY COUNCIL REGARDING APPROVAL OF A PLOT PLAN FOR A COMMERCIAL COMPLEX CONSISTING OF A 10,250 - SQUARE -FOOT RESTAURANT AND A 10,000 - SQUARE -FOOT OFFICE BUILDING IN THE C -P -S ZONE LOCATION: NORTH SIDE OF HIGHWAY 111, APPROXIMATELY ,20'0 -FEET WEST OF WASHINGTON - STREET - -- - GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL EXISTING ZONING: C -P -S (SCENIC HIGHWAY COMMERCIAL) ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT 89 -129 HAS BEEN PREPARED IN CONJUNCTION WITH THIS APPLICATION. THE INITIAL STUDY INDICATED THAT POSSIBLE SIGNIFICANT IMPACTS MAY OCCUR IN THE FOLLOWING AREAS: EARTH, LIGHT AND GLARE, LAND USE, TRANSPORTATION, AND ARCHAEOLOGICAL REMAINS. MITIGATION MEASURES PERTAINING TO THESE ITEMS HAVE BEEN MADE A PART OF THIS PROJECT AND WILL REDUCE THE IMPACTS TO AN INSIGNIFICANT LEVEL, AND THEREFORE, A NEGATIVE DECLARATION WILL BE PREPARED. BACKGROUND: The Planning Commission, at its meeting of July 25, 1989, approved this Plot Plan, subject to conditions. The City Council, at its meeting of August 1, 1989, removed this Plot Plan from the Consent Calendar. The Council identified concerns with traffic access to and from the site along Highway 111, and the streams and waterfalls on Point Happy. The City Council referred the traffic matter to the Technical Traffic Committee for their recommendation. The Committee met on August 9, 1989, and reviewed the traffic access issue thoroughly. The Committee felt that there is adequate sight distance for safe access to and from the site. The Committee's MR /STAFFRPT.088 -1- recommendation is that the Developer may proceed through the City's approval process with vehicular access to the development site being restricted to right- turn -in and right- turn -out only, with the additional provision that the Developer may seek improved access to the site via CalTrans approval procedures in the future. (See attached minutes of Technical Traffic Committee.) PLANNING COMMISSION REVIEW: The City Council requested that the Planning Commission review the streams /waterfalls design to insure that it will have a minimal visual and structural impact on Point Happy. In response to the Council's concern, the Applicant has modified the streams /waterfalls. Originally, the upper pond for the streams /waterfalls was - ---placed. .so. -that it was 30 ±...feet. above_.. the...- highest...point of .th_e restaurant. Therefore, the streams /waterfalls would be visible as they cascaded down the mountain. The revised plans lower the upper pond by approximately 30 feet. This lowering places the upper pond at approximately the same level as the top of the building. Therefore, with the line of sight from Highway 111, the water feature should not be visible except just as you reach the site'-from the west. Lowering the pond and waterfalls will also reduce the structural impact on Point Happy by virtue of the reduced construction and disruption to the mountain. RECOMMENDATION: The Planning Commission should review the revised plan in light of. the City Council's concerns and determine acceptability. The Commission, by Minute Motion action, may: 1. Reconfirm its original recommendation. 2. Add a new condition regarding traffic per the recommendation of the Traffic Committee. 3. Accept the redesigned waterfall design and /or further modify the design. Your decision will be reported to the Council on September 6, 1989. attachments: 1. Revised Plans 2. Letter from Applicant dated 8/10/89 3. Excerpt from Original Plan showing Stream /Waterfall Area 4. Minutes of Technical Traffic Committee Meeting of 8/9/89 5. Conditions of Approval for PP 89 -417 6. Planning Commission Staff Report dated 7/25/89 (except proposed Conditions of Approval) MR /STAFFRPT.088 -2- >- j i' August 10, 1989 La Quinta City Council Members La Quinta City Council P.O. Box 1504 La Quinta, CA 92253 Dear Mayor Pena and City Council Members: ATTACHMENT 2 ROB THIBAUT President SANDY SAXTEN Chairman of the Board Thank - --- -.. t -- - you for -your - -- input"" and support" "o n- "our `proposed -- 'restaurant project at the last City Council meeting. We feel as strongly as the City that the location is a unique and significant site, being located at the entrance to the City of La Quinta. Our company's goal is to be able to build a unique project that will remain exciting over the years. Although we seem to be in agreement with the course on most points in the development of the project, I feel the need to stress, once again, how important the water feature on the mountain is to the success of the restaurant. The entire design of the restaurant (and we feel its long term viability) is centered around the waterfall. We plan to keep it very natural and understated and will disturb the hillside as little as possible. We will make sure no erosion takes place and that the water feature is safe in every way. Using local landscape and waterscape architects and engineers, we are confident that we can construct a building and water feature that will satisfy both the City's concerns and our desire to have a dramatic dining experience. Again, thank you for your consideration and we look forward to working closely with you on this project. Sincerely, Bill Parsons TS Enterprises, Inc. Vice - President RECEIVED AUG 15 19% CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. T S RESTAURANTS OF CALIFORNIA AND HAWAII 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 • (619) 942 -1300 Lahaina . ICnnalna . Kaanan ?ii . Poinu Rearh . Cardiff . Del Mar . Lake Tahoe 15 1� S ' I( 1 � i a r5 q.. i ' 3. w' 4 ATTACHMENT 4 MEMORANDUM TO: Ron Kiedrowski, City Manager FROM: Frank Reynolds, Director of Public Works/ City Engineer DATE: _ . _August_ - 10� SUBJECT: Technical Traffic Committee A'called meeting of the Technical Traffic Committee was held at 11:00 A.M. on Wednesday, August 9, 1989. Attendance included: Members: Lloyd Hughes, Caltrans Charley Clay, Desert Sands School District George Conroy, Sheriff's Department Ronald Friedli, Sheriff's Department Dick Barrera, County Road Department Roger Hirdler, City of La Quinta Frank Reynolds, City of La Quinta Staff: Steve Speer, City of La Quinta Guests: John Walling, Walling & McCallum Associates Jerry Herman, City of La Quinta Stan Sawa, City of La Quinta NEW BUSINESS: Access to proposed restaurant at Point Happy from Highway 111 Mr. Reynolds brought the meeting to order and commenced with an oral synopsis of the proposed commercial development located on the north side of Highway 111, between the C.V.W.D. Flood Channel and the rock outcropping know as Point Happy. In his initial briefing, Mr. Reynolds specifically identified vehicular access to the restaurant site as the topic for discussion, and noted that Caltrans, who has jurisdiction of Highway 111, had not addressed the access topic during their review of the project a few weeks earlier. Mr. Reynolds concluded his remarks by stating that when the City Council reviewed the proposed development, it expressed concern regarding the type of vehicular access to the site that would be permitted. As a result of the Council's desire for more information regarding the traffic issue, they referred the topic. to the Committee for input which will in turn be forwarded to the Planning Commission. s s Y' Mr. Reynolds yielded the floor to additional oral presentation /orientation the commercial development. Mr. Herman who provided an about the specific nature of When Mr. Herman concluded his short presentation Point Happy area prepared by Public Works staff, further orient those in attendance. During the Mr. Hughes (Caltrans) pointed out the twin double create a painted median island directly adja, access point to the development site. Discussion followed the video presentation. a video tape of the was presented to video presentation, yellow lines that :ent to the proposed Mr. Hughes stated that Caltrans had no objection to permit vehicular access to the development site as provided by the current traffic striping since there is adequate sight distance in both directions (approximately 1000'+ as observed from a point 15' north of the traveled way) for - vehicles -that- -exit -t-he development site =- It was further observed that current traffic striping legally prevents left turn movements in to, and out of, the development site, hence allowing only right -turn in and right -turn out access. Mr. Walling (project architect) then inquired about the possibility of installing left turn pockets to provide full access to the site. Mr. Hughes initially indicated that he didn't think Caltrans would approve left -turn pockets, because of prevailing conditions in the immediate vicinity such as: 1) the accident frequency east of the development site at the Vons market access point, 2) the bridge over the C.V.W.D. flood channel is not wide enough to accommodate a left - turn lane, and 3) there is insufficient distance between access points to the east and west of the development site where left -turns are currently allowed, to accommodate back -to -back left turn pockets. The insufficient distance is due to Caltran's desire to provide for deceleration clear of the through- traffic lanes, therefore, the left -turn pocket needs to be approximately 400 -500 feet long plus additional length to allow for storage. Additional discussion ensued, consisting of predominately, "what if" type questions that precipitated Mr. Hughes retreat to Caltran's official position which is: if the developer' desires to revise the current traffic control configuration, he must apply for an encroachment permit and submit traffic study data to support the adequacy of the proposed traffic control revision. Upon receipt of the permit application Caltran's would then comment on what the developer desires. Mr. Walling (project architect) noted the encroachment permit process is several months in length and raised an open question to the Committee to inquire if there was a way to get the project approved without Caltrans' comments on vehicular access to the development site. Mr. Herman responded indicating the project could be processed through the City's approval procedure as having right- turn -in, and right- turn -out access, with a footnote that the developer, through a concurrent independent action with Caltrans, would seek full access to the site. At Mr. Herman's request, Mr. Reynolds summarized the Committee's recommendation. The recommendation is: the developer may proceed through the City's approval process with vehicular access to the development site being restricted to right- turn -in and right- turn -out only, with the additional provision that the developer may seek improved access to the site via Caltran's approval procedures. Mr. Reynolds asked for comments regarding the recommendation to which the Sheriff's Department responded. Lt. Conroy suggested that a raised median island or a barricade in the median be required as it otherwise would be time consuming to enforce compliance of the twin double yellow lines. However, Mr. Friedli withheld the requirement deferring consideration of same to a future date when the outcome of the developer's full access request to Caltran's is known. Mr. Hughes made a final comment noting that Caltrans would not approve a barricade in the median, but would consider a raised median if formally requested. Whereas, no additional comments, or requests for modification were heard, the Committee's recommendation remains as stated. The meeting adjourned at 12:00 PM (Noon) I CONDITIONS OF APPROVAL -FINAL PLOT PLAN NO. 89-417 JULY 25, 1989 PLANNING AND DEVELOPMENT DEPARTMENT 1. The development of the site conformance with the Exhibits the file for Plot Plan #89 -417, by the following conditions. ATTACHMENT 5 shall generally be in "A" through "F" contained in unless otherwise amended 2. The approved Plot Plan shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not including grading, which is begun within the one -year period and is - - - -- - - - thereafte -r— diligently- pursued to completion.----- - - - -- 3. Outside lighting shall be shielded and directed so as not to shine directly upon surrounding adjoining property or public rights -of -way. Lighting plans including light pole heights shall be reviewed and approved by the Planning Director. 4. Issues pertaining to liability, damages, construction, etc., due to waterfall /ponds on "Rock" parcel to the east, shall be resolved by written agreement approved by the City Attorney prior to issuance of any permits for this project. Goal of this Condition is to either have waterfall /pond and other restaurant improvements on "Rock" parcel with "Hold Harmless" agreements or modify property line between subject property and "Rock" parcel so that waterfall /pond and other restaurant improvements are not on "Rock" parcel. 5. Parcel Map #22596 shall be recorded prior to issuance of any permits for this development. 6. A "Hold Harmless" agreement in favor of the City shall be recorded to release City and /or property owner of easterly parcel from liability caused by damages and /or injuries, etc., from landslides, falling rock, etc. Agreement shall be approved by City Attorney prior to issuance of any permits for this development. 7. Building heights shall be clarified prior to issuance of building permit to verify compliance with applicable zoning requirements. 8. Minimum,1/8 of parking spaces shall be provided during hours restaurant is open as self - parking areas. BJ /CONAPRVL.004 - 1 - r� 3 7 t' 9. Trash area for restaurant shall be relocated to provide acceptable access for trash company; separate trash area for office building shall be provided. 10. Monument sign shall be relocated so that it is not in street right -of -way. 11. Along west property line a 4 -foot high decorative masonry wall and or berm shall be provided. 12. Any scarring of hillside caused by this development shall be treated chemically to match existing rocks. 13. No alterations or construction on hillside other than that allowed by this approval, shall occur without prior approval of Planning Director and City Engineer. - - - - 14 -. - - -- -11 -foot .wide spaces for end - -s aces -with restricted-._ P p. area and handicap spaces per City code requirements shall be provided. 15. A sign program for all signs shall be approved by the Planning Commission prior to construction of sign(s). 16. Exterior colors visible to Highway 111 shall "blend" with natural color of Point - Happy. 17. Prior to issuance of any grading or building permits, developer shall cause City of La - Quinta to retain a qualified archaeologist at developers expense, to review prior Archaeological Study RIV -150. If subject site is not completely covered by previous studies, on -foot survey of site shall be done and mitigation and monitoring plan for artifact location and recovery shall be prepared. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: a. Identify the means for digging test pits; b. Allow sharing the information with the CVAS; and C. Provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Planning and Development Department for final review and approval. Prior to the issuance of a Grading Permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. BJ /CONAPRVL.004 - 2 - �� '.1 A list of qualified archaeological monitor(s), cultural resources management firm employees, and any assistant (s) /representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail to the Planning and Development Department. The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains- --until- - appropriate - mitigation. - - measures -- -are completed. Upon completion of the data recover, the developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 18. A pedestrian walkway shall be provided from parking lot through ground floor of building to entry of restaurant. 19. Prior to the issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and /or clearances from the following public agencies: o City Fire Marshal o Cal Trans o City of La Quinta Public Works Department o Planning and Development Department, Planning and Building Divisions o Coachella Valley Water District o Desert Sands Unified School District Evidence of said permits or clearances from the above- mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 20. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. BJ /CONAPRVL.004 - 3 - �. . ;a p 3 21. Applicant shall improve or bond for his share of street improvements along street frontage of site as required by pending Highway 111 Specific Plan. These improvements may include, but are not limited to: a. Landscaped median island. b. Curb, gutter, and sidewalk. 22. Applicant shall participate in installation of his share of Riverside County bike path along Whitewater Storm Channel; as required. by City of La Quinta, if deemed necessary. BJ /CONAPRVL.004 - 4 - P a, �� I r q. STAFF REPORT PLANNING COMMISSION MEETING DATE: JULY 25, 1989 APPLICANT: T S RESTAURANTS H1 ATTACHMENT 6 PROPOSAL PLOT PLAN NO. 89 -417; APPROVAL OF A PLOT PLAN FOR A COMMERCIAL COMPLEX CONSISTING OF A 10,250 SQUARE FOOT RESTAURANT AND 10,000 SQUARE FOOT OFFICE BUILDING IN THE C -P -S ZONE. LOCATION: NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FEET WEST OF WASHINGTON STREET. GENERAL PLAN - :. - __ DESIGNATION: GENERAL COMMERCIAL EXISTING ZONING: C -P -S (SCENIC HIGHWAY COMMERCIAL) ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT #89 -129 HAS BEEN PREPARED IN CONJUNCTION WITH THIS APPLICATION. THE INITIAL STUDY INDICATED THAT POSSIBLE SIGNIFICANT IMPACTS MAY OCCUR IN THE FOLLOWING AREAS: EARTH, LIGHT AND GLARE, LAND USE, TRANSPORTATION, AND ARCHAEOLOGICAL REMAINS. MITIGATION MEASURES, PERTAINING TO THESE ITEMS HAVE BEEN MADE A PART OF THIS PROJECT AND WILL REDUCE THE IMPACTS TO AN INSIGNIFICANT LEVEL, AND THEREFORE, A NEGATIVE DECLARATION MILL BE PREPARED. BACKGROUND The site is the westerly most parcel proposed in Parcel flap #22596 (Revised), which is also on this agenda. That revised parcel map proposes to modify the approval from two parcels (one of which includes Point Happy) to three parcels (a separate parcel for Point Happy). PROPERTY DESCRIPTION The two acre site is unique in location in that immediately to the west and north is the Deep Canyon Stormwater Channel and Whitewater River Stormwater Channel, respectively, and on the east is Point Happy, a rock outcropping that rises approximately 100 feet above the base of the site. The area between the stormwater channels and Point Happy is relatively flat. BJ /STAFFRPT.003 - 1 - PW A F 1, - ` r PROJECT DESCRIPTION The proposed commercial complex consists of a two story restaurant and two story office building. The structures are constructed slightly into the base of the mountain side along the easterly property line. The restaurant is shown in the middle of the site with the office building at the rear. Parking is located between the buildings and west property line. A one -way drive at the first floor level is proposed beneath the second floor for valet parking. This (first floor) area is primarily open along the west side of the building. Access to the site is from a driveway to Highway 111 in approximately the middle of the southern property line. A unique feature proposed as a part of the restaurant is a waterfall /pond constructed into the side of the mountain. This water - feature - is --visible- -to -- the - restaurant patrons at-the-second floor level (dining area) and at the first floor entry to the restaurant. The feature continues beneath the drive - through lanes emptying into a pond between the parking area and building. Architecture of the structure is Santa Fe /Southwest in nature utilizing beige stucco, tan wood trim, and a brownish concrete tile roof. Proposed preliminary landscaping indicates primarily a desert native low water use design following the architectural design of the buildings. According to the architect, the restaurant will be constructed first with the office building to follow when a major tenant is secured. A statistical breakdown of the project follows: Total Floor Area: Restaurant 10,250 sq. ft. (5,300 sq. ft. serving area) Office Building 10,000 sq. ft. Parking Space Analysis: Required Restaurant 5,300 sq. ft./ 45 sq. ft. = 118 cars Office 10,000 sq. ft. /250 sq. ft. = 40 cars Required 158 Provided: Provided 126 (Shared parking is requested due to different operating hours- restaurant to open at 5:00 P.M. or later when the offices are normally closed.) BJ /STAFFRPT.003 - 2 - k 1 • r Landscaping: Required: 3% of interior parking area Provided: Exceeds 3% Building Heights: Restaurant: 33+ feet (measured per code requirements for sloping lots) 42+ feet (as viewed from west) ANALYSIS: Environmental (primary impacts and mitigation measures): 1. The proximity of the structures to the rock outcropping and -- -- the -waterfalls /ponds -- proposed,- create -a - landslide and erosion- - potential. Hold harmless agreements and protective walls should be utilized. 2. Coachella valley Water District has indicated the Applicant will be required to provide concrete slope protection along the stormwater channels and provide facilities to prohibit access to the channels from the site. This should mitigate potential erosion of the stormwater channels. 3. According to the Coachella Valley Archaeological Society, the property has an archaeological past which warrants further survey and research. This must be done prior to any grading or disruptions to the site. 4. The buildings landscaped to blend with the exterior color be reviewed by General: have been architecturally designed and maintain the integrity of the topography and desert environment. Prior to construction, rs and materials (building and landscaping) must the City to insure that this is achieved. 5. As noted earlier, the site is a parcel being created from Parcel Map 22596. As such, the precise boundaries are not established. Staff prefers the waterfall on this parcel and not on the "Rock" parcel which is proposed to be dedicated to the City as part of Parcel Map 22596. 6. The project proposes shared parking for the restaurant and office building since their hours of operation do not overlap. Based on the parking provided and building sizes this is acceptable. 7. The Applicant originally proposed all valet parking. They have agreed to provide some self parking to avoid self parking along Highway 111. BJ /STAFFRPT.003 - 3 - .1 AL 8. Provisions for trash disposal for both buildings needs to be redesigned in order to assure adequate access. 9. The monument sign shown on the plans will need to be relocated out of the right -of -way of Highway 111. 10. Exterior lighting, including parking lot and mountain lighting will need to be shielded to insure a minimum amount of glare and overspill. 11. Staff's major concern with having the waterfall /ponds partially on the adjacent "Rock" parcel is liability due to landslides, maintenance, etc. Staff's preference would be to have the waterfall /ponds entirely on the restaurant site. However, if the City Attorney approves an alternative arrangement, that would be acceptable to Staff. - 12-.-- - To facilitate access from the parking lot to--- -the - - restaurant., ..- - a walkway through the lot and middle of the building is needed. 13. Some minor modification to the parking lot is necessary to comply with the City requirements. 14. Since the site is visible from the Wells) and from Highway 111, a 4 foot and /or berm adjacent to the west installed. The Applicant has agre, Adequate screening is shown along topography and new berming. west properties (Indian high decorative wall property line should be ad to providing this. Highway 111 by existing 15. Staff would like to see a minimum amount of disturbance to the rock adjacent to the restaurant. Therefore, any scarring of the rock must be treated to restore them to their original appearance. 16. Signage will need to be approved by the Planning Commission. FINDINGS: 1. Plot Plan #89 -417, as conditionally approved, is consistent with the adopted La Quinta General Plan, in that construction is being limited to the area below a 20% slope and Point Happy is being preserved. 2. Plot Plan #89 -417, as conditionally approved, is consistent with applicable La Quinta Zoning Ordinance requirements and State law. 3. Based on the plans submitted, the subject site is physically suitable for the proposed development, due to topography, zoning and proximity to other commercial development. BJ /STAFFRPT.003 - 4 - � r t , 4. The overall development of the land as conditionally approved, is designed for the protection of the public health, safety, and general welfare. 5. Plot Plan #89 -417, as conditionally approved, is in substantial conformance with the "base plan" policies for the Highway 111 Specific Plan. 6. Environmental Assessment #89 -129 has been prepared and reviewed for this project in accordance with the California Environmental Quality Act, and it has been been determined that the project will not result in any significant adverse impact on the environment, and therefore, a Negative Declaration shall be filed upon approval of this project. RECOMMENDATION: - - - - - Based —upon the.- findings and analysis, -- it - -is- recommended- -that -Plot - Plan #89 -417 be approved by minute motion, subject to the attached conditions and that the Commission confirm the environmental determination. Attachments: 1. 2. 3. 4. S. 6. Location Map History of T S Restaurants received July 11, 1989 Plans of proposed development Comments from applicable agencies and utilities Initial study Conditions of Approval for PP #89 -417 BJ /STAFFRPT.003 - 5 - C. V. Av.. D. ,1774 re 0� V� .WORM CHi4NNE4 h N /G,y�yoY h w cIN/T Y AfA R AIM . J. CASE MAP CASE 110. PP 89 -417 TS RESTAURANTS Cry n ORTH SCALE: NOT TO SCALE matc.'.�,?,•a3�.'., <•z<•r` Z + ;:,';: >:�-1 C. V. Av.. D. ,1774 re 0� V� .WORM CHi4NNE4 h N /G,y�yoY h w cIN/T Y AfA R AIM . J. CASE MAP CASE 110. PP 89 -417 TS RESTAURANTS Cry n ORTH SCALE: NOT TO SCALE RECEIVED J U L 11 1989 CITY OF LA QUINTA TS RESTAURANTS PUNNING & DEVELOPMENT DEPT. Rob Thibaut and Sandy Saxten BEFORE THE START OF TS RESTAURANTS Sandy Saxten started working for Chuck's Steak House of Hawaii as a waiter in 1966. After graduation from Stanford University in 1967, he opened his first restaurant called the Loft, in San Jose, Cal ifornia. -- Rob - Thibaut- after_ graduating f- rom - -:the - .University -- -of - -- California at Santa Barbara, joined Sandy at the Loft as a Manager. In 1971, they opened the Symposium Restaurant in Lafayette, California as partners. In late 1971, Sandy and Rob merged their restaurant interests into Borel Restaurant Corp., which expanded to a 16 unit nationwide restaurant chain, operating under the name of Rusty Scupper in major metropolitan areas such as Boston, Philadelphia, Pittsburgh, Chicago, and San Francisco. During that period, Sandy and Rob worked in every phase of the restaurant business. In 1976 the Borel Restaurant Corporation was sold to Nestles of Switzerland, and Sandy and Rob left Sorel to form their own privately held restaurant company, TS Restaurants. TS RESTAURANTS - 1977 to Present Sandy's and Rob's new goal was to develop, build, and personally operate a limited number of high quality restaurants in California and Hawaii. By growing at a slow pace, TS felt it could run superior restaurants: o by waiting for the best, unique real estate sites. o by both Rob and Sandy personally working on the architecture and restaurant concept of each new restaurant, and o by personally training each new General Manager. TS chose Lahaina, Maui, as their first area, where they were able to obtain the last waterfront parcel. They opened KIMO's Restaurant in the Spring of 1977. In the twelve years since its opening, KIMO's has become nationally renowned. TIME Magazine tauted it as one of the five best restaurants on Maui. Equally glowing articles have appeared in GOURMET Magazine and newspapers from San Francisco to Boston. In a short period KIMO's has become an "institution" in Lahaina. In the summer of 1978, TS opened JAKE's LAKE TAHOE which was build overlooking the largest marina on the northwest shore of Lake Tahoe. JAKE'S is the center of Tahoe's summer activities, and is ten minutes away from.winter skiing at Squaw Valley and Alpine Meadows. JAKE's specializes in fresh seafood and features a seafood bar with a view of the lake. JAKE's is one of the most popular. spots in the area for locals and tourists alike. THE KAPALUA GRILL & BAR was opened by TS in March of 1979. Located at the exclusive Kapalua Resort, the restaurant has a sweeping view of the Maui Mountains and Kapalua Bay. This restaurant concept combines the informality of a New York or San Francisco "Grill" with. the sophisticated cooking of the California cuisine style.- The -restaurant -has somewhat: -of - -a --- "countr- y- - -e - -1 ub "- atmosphere, enhanced by the fact that it overlooks the 18th green and the Tennis Garden at Kapalua. JAKE's DEL MAR is right on the beach in Del Mar, California, a town famous for its summer horse racing season. Since its opening in January of 1981, the restaurant has been acclaimed as one of the top restaurants in North County San Diego by the San Diego Tribune and SAN DIEGO Magazine. Similar to the Grill & Bar, JAKE's offers a rather sophisticated menu in an informal dining atmosphere. In 1983 TS opened LEILANI's ON THE BEACH. The beautifully designed building with open air decks sits on the main beach at the center of the famous Kaanapali Resort on Maui, Hawaii. The upstairs dining area has distinctive specialties ranging from charbroiled local fresh fish to Kiawe wood smoked ribs, to Shrimp Polynesian style. The downstairs seafood bar and cocktail lanai are only a few feet from the sand. Opened also in 1983, CHARLIE's GRILL is located north of San Diego on the beach at Cardiff's Restaurant Row. In a 193019 architectural style building, the restaurant captures the spirit of a classy waterfront diner with a lively bar and excellent menu featuring fresh fish and ribs. In October 1984, TS opened CHICO's CANTINA at the Kaanapali Resort on Maui, Hawaii. The tropical Mexican restaurant offers a wide variety of authentic Mexican dishes in a casual atmosphere, sort of "Puerto VAllarta revisited ". The bar itself is covered by a large palm frond palapa (umbrella) and seems to be set in a tropical Mexican village, complete with taco stand, '55 Chevy, and woody station wagon. In January of 1986, TS opened KEOKI's PARADISE in Poipu Beach, Kauai. This seafood restaurant has already been tauted as one of the most unique and tropical settings on the island. You enter over a bridge with waterfalls on both sides, crashing into a pond below. This pond forms a stream which flows through the building, surrounded by lush Hawaiian vegetation. A ` 6 In the summer of 1978, TS opened JAKE's LAKE TAHOE which was build overlooking the largest marina on the northwest shore of Lake Tahoe. JAKE'S is the center of Tahoe's summer activities, and is ten minutes away from.winter skiing at Squaw Valley and Alpine Meadows. JAKE's specializes in fresh seafood and features a seafood bar with a view of the lake. JAKE's is one of the most popular. spots in the area for locals and tourists alike. THE KAPALUA GRILL & BAR was opened by TS in March of 1979. Located at the exclusive Kapalua Resort, the restaurant has a sweeping view of the Maui Mountains and Kapalua Bay. This restaurant concept combines the informality of a New York or San Francisco "Grill" with. the sophisticated cooking of the California cuisine style.- The -restaurant -has somewhat: -of - -a --- "countr- y- - -e - -1 ub "- atmosphere, enhanced by the fact that it overlooks the 18th green and the Tennis Garden at Kapalua. JAKE's DEL MAR is right on the beach in Del Mar, California, a town famous for its summer horse racing season. Since its opening in January of 1981, the restaurant has been acclaimed as one of the top restaurants in North County San Diego by the San Diego Tribune and SAN DIEGO Magazine. Similar to the Grill & Bar, JAKE's offers a rather sophisticated menu in an informal dining atmosphere. In 1983 TS opened LEILANI's ON THE BEACH. The beautifully designed building with open air decks sits on the main beach at the center of the famous Kaanapali Resort on Maui, Hawaii. The upstairs dining area has distinctive specialties ranging from charbroiled local fresh fish to Kiawe wood smoked ribs, to Shrimp Polynesian style. The downstairs seafood bar and cocktail lanai are only a few feet from the sand. Opened also in 1983, CHARLIE's GRILL is located north of San Diego on the beach at Cardiff's Restaurant Row. In a 193019 architectural style building, the restaurant captures the spirit of a classy waterfront diner with a lively bar and excellent menu featuring fresh fish and ribs. In October 1984, TS opened CHICO's CANTINA at the Kaanapali Resort on Maui, Hawaii. The tropical Mexican restaurant offers a wide variety of authentic Mexican dishes in a casual atmosphere, sort of "Puerto VAllarta revisited ". The bar itself is covered by a large palm frond palapa (umbrella) and seems to be set in a tropical Mexican village, complete with taco stand, '55 Chevy, and woody station wagon. In January of 1986, TS opened KEOKI's PARADISE in Poipu Beach, Kauai. This seafood restaurant has already been tauted as one of the most unique and tropical settings on the island. You enter over a bridge with waterfalls on both sides, crashing into a pond below. This pond forms a stream which flows through the building, surrounded by lush Hawaiian vegetation. i In June 1987, TS remodeled and re- opened SUNNYSIDE RESTAURANT AND LODGE on the West Shore of Lake Tahoe. This mini - resort includes 23 rooms, a marina and a stunning view of Lake Tahoe from almost every seat in the restaurant. The new restaurant backed by forty years of dining tradition makes this location one of the classic spots in California. In May of 1989, TS opened DUKE's CANOE CLUB in Chris Hemmenter's Kauai Westin Resort. DUKE's is a named after the world famous and much loved Duke Kahanamoku. The dining room is filled with pictures of Duke plus his original wood surfboards and canoe. The dining room overlooks a 100 foot waterfall flowing through the open air building and Nawiliuli Bay. FUTURE OF TS RESTAURANTS All ten TS Restaurants have shown steady increases in both sales and profit since their opening. TS Restaurants continues to look for unique locations in California and Hawaii which will meet the company standards of high quality restaurants and hopes to continue to expand at a moderate pace when such locations become available. r _I S .: MEMORANDUM of TMv TO: FROM: DATE: Planning, Stan Sawa Engineering, Jerry Coffey July 6, 1989 I SUBJECT: P.P. 89 -417 (Restaurant _ Hwy11.1)__.._.___.__._._...._ The following are general comments as requested regarding the subject: (1) State Highway 111 is subject to Caltrans requirements and permit procedures: (a) dedication of rights of way (b) slope easement(s) (c) street construction and geometrics (d) access to and from Highway (e) status of roadway on south side of Highway at the channel (wash) (2) Preservatin of Happy Point (Rock - Public Dedication). (3) City must be held harmless from any adverse events originating with the waterfall arrangement (or other permitted use) on or adjacent to what is planned to be City property and from any adverse event occurring due to landslides from that area. �� l !/ �r �iATEq ESTABLISHED IN 1918 AS A PUBLIC AGENCY 61STRIC' COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92238 • TELEPHONE (619) 3962651 DIRECTORS OFFICERS TE LLIS CODE KAS. PRESIDENT THOMAS LEVY. GENERAL MANAGER CHIEF E4G;NEER RAYMOND R RUMMONDS. VICE PRESIDENT B£RNAROiNE SUTTON. SECRETARY JOHN P POWELL KEITH H. AINSWORTH. ASSISTANT GENERAL MANAGER TD OR£J ICHOLS July 3, 1989 REDWINE AND SHERRILL .ATTORNEYS RECEIVED File: 0163.1 JUL 11 1989 Planning Commission CITY OF LA QUINTA City of La Quinta PLANNING b DEVELOPMENT DEPT. Post Office Box 1504 La Quinta, California 92253 Gentlemen: Subject: Plot Plan 89 -417, Portion of Southwest .Quarter, Section 19, Township 5 South, Range 7 East, San Bernardino Meridian This area is protected from stormwater flows by the Whitevater River and Deep Canyon Stormwater Channels and may be considered safe from stormwater flows except in rare instances. There may be erosion of the banks of the Whitewater River and Deep Canyon Stormwater Channels during periods of unusual rainfall and discharge. The developer shall construct concrete slope protection on the banks of the stormwater channels to prevent erosion. Plans for concrete slope protection shall be submitted to the Coachella Valley Water District for review. A portion of this area is adjacent to the right-of-way of the Whitewater River and Deep Canyon Stormwater Channels. We request that the developer be required to install suitable facilities to prohibit access to this right -of -way. The developer shall obtain an encroachment permit from the Coachella Valley Water District prior to any construction within the right- of-way of the Whitewater River and Deep Canyon Stormwater Channels. This includes, but is not limited to, surface improvements, drainage inlets, landscaping, and roadways. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. This area shall be annexed to Improvement District No. 55 of Coachella Valley Water District for sanitation service. TRUE CONSERVATION USE WATER WISELY Planning Commission -2- July 3, 1989 Plans for grading, landscaping, and irrigation systems shall be submitted to Coachella Valley Water District for review. This review is for ensuring efficient water management. If'you have any questions please call Bob Meleg, stormwater engineer, extension 264. Yours very truly, Tom Levy General Manager -Chief Engineer RF:ra cc: Don Park Riverside County Department of Public Health 46 -209 Oasis Street Indio, California 92201 ia ' UtV9:LUVMLN 1 M VItYY COMMITTEE REL4EST FOR COMMENT V 1A OtlWtA 106 biM tAsM 1A. Io. 1101 U O1 WA, G 1225 PLANNING DIVISION PHONE: (919) 444 -2246 City Manager +� Public Works /tngineerinq fire Marshal "�— Community Safety Department r o Cow,*rce CVWD Imperial Irrigation Southern California Gas �— DSUSD CVUSD DATZs O—Lq -S N Pa Ls Desert Disposal T General Telephone ,V— Palmr Cable vision T Sualino Transit �—' Caltrtns (District 11) Agricultural Comission T_..L. City of Indian Yells City of Indio Riverside Countyi Flaming Departnent Environmental Health Property Sheriff ts- Department- -._... - - - ___ Ovntr 14 'As toc i a t 1611' Coachella Valley Road Department Archaeological Society SUBJECT: Comments findings and Conditions concerning subject project. LA QUINTA CASE NO($). PROJECT DESCRIPTICIft PROJECT LOCATICIIt X Go I15l5� h � urG►n� � i o .cz -70:!:) I.} The City of La Quanta ova lopmeot7eview �ittee is eonductinq ae initial envirowntal study pursuant to the California tavirorawantal Qualit, Act (CLQA) for the above referenced project(s). Attached is the information subtaitted by the project proponent. Your ccments are requestod with rsopect toe 1. Paxsisal impacts the projiet presents on public resources, facilities, aXot serviices! 4. 2. Recow4med conditions a.) that you or your agency believe would mitigate an potential adverse offectsl b.) or should apply to the Project des "i e.) or Improvements to satisfy other tegulations and concerns whits your agency is responsiblei and 3. If you find that the identified impacts will have significant adverse effects on the environ+eent which cannot be avoided through conditions, Please recommend the scope and focus of additional study(i48) WbIch may be helpful. Please send your response —OWI!J 7 lq'%'l You are invited to attend ifs D EV914-P-K-54 HVIEW COMITTU meet Quint& City hall scheduled fore eq at tbe-�:a- Dater _ -TULY LSiKZ4 Times Contact Person: '34zrn Sawa, P ocla t l F )anrw- �esssa���am0aa���ss�sas�s� =IMIMrsws3.anMM==e=sshjsad Cortnents made bye/oil �02rvU�... Date Title 0?11(al Phone Agency /Division .. L l / 1 SunLme T mnsit MEMBER AGENCIES Cathedral City Coachella Desert Hot Springs Indio La Quinta Palm Desert Palm Springs Rancho Mirage Riverside County Mr. Stan Sawa Principal Planner CITY OF LA QUINTA P.O. Box 1504 La Quinta, CA 92253 RE: PP 89 -417 Dear Mr. Sawa: June 27, 1989 RECEIVED JUL -5 19E9 CITY OF LA QUINTA PANNING & DEVEIOPMEMT DIP, Thank you for the opportunity to review the plans for TS Restaurant. As you may know, SunLine operates Line 19 on thirty- minute headways along Highway 111 in the vicinit of this project. Beginning in the fall, SunLine will operate Liy ne 19 on 15 minute frequencies during peak hours. We request that a bus turnout and a passenger shelter be included in the project to be located on Highway 111 near the driveway entrance. The shelter could be designed by our standards or the developer may contact Sunrise Media to arrange placement of a shelter. The maintenance of the shelter is the responsibility of the property owner. SunLine has suggested standards for bus turnouts and passenger waiting shelters. We will be most happy to work with the City and with the developer to create a mutually acceptable design. Yours very truly, SUNLINE TRANSIT AGENCY Debra Astin Senior Planner DA/ kh 26 Jun- rla n`• no, D!••7t stor 3p: rF DAa r 31 The prop? --ty sits slack in the ni!rile of what w=as ori+?in =illy recorlei -is a ver: lar ge =trch- Apolgicr.l Site..R'rV -150. "'his re cor�ntton hac '��en Change(! to r?flp,,t r±ore ar- as.... One. 13 On this propzrt,r, one =pros i the Nhit°wRter, thr ?e port! ^ns I ° co It .� O33 Hwy 4111 1hp °•,.;} -rn por.1on of this prl1p lo-s not ipre:ir to have ' -n °.1 Per Cg (ZA i ?P ^tift^it, -,Z and of of cult ar =!1 resour,:-s: 1. Bac'(groluvi — s —irch/ Records Search a. If no; survey by qualified personel `�. If rpvi.."+ of reports. c. If si :?s rQcorded, h%tve :hey be -n tested? 1. 3i qn t f t cent? ¢ d? ?. i�it t,! _ :at ° If this is pRrt of the ArpA aniexed from county. County Planning should have cop! es of any reports genPrated by prior developments Rftpr 19 71. Be advised that one of the early records on the BIG site wrAs referr -d to as Happy Hunttng xro'inis site ... a ceietery Past of Point Happy...')ut 1'. doesn't s!t;► how •sa.ny fp -t e-tst, Burial r; --vtins r -q•it ~e -t tigat' on tpst l rjp. zh• Gale Bropker CVAS ,u � � � 07/10/65 16' Of 4 61 V 340 viii ClY INDIAN nLLLS C�i Vin, diaa Wells Stan Saba City of La Quinta 78 -105 Call* Estada P.O. Box 1504 La Quintal CA 92253 REs PP 89 -417 Dear Mr. Sawas "%0 I=NADO D"4 INDIAN V4LLO, GAL)F0 1A 1010 July 10, 1989 %to )*HS The City of Indian Wells appreciates the opportunity to review the above referenced case. Due to the location of the property directly adjacent to Indian Wells' eastern limits, there is concern over the development of this property. A Highway 111 Specific plan for Indian wells, is being pre- pared at this time. This document will provide specific development standards and design guidelines for all development along the Highway 111 Corridor. An the location Of this site is west of the rock formation, which forms a natural transition between the Cities of La Quint& and Indian Well @, the City would encourage incorporation of the standards set forth in the Indian hells Highway Ill Specific plan. The land west of the project site in the City of Indian Wells is designated Medium Density Residential, with a Maximum height restriction of 25 feet. The height of the two story office building and the height of the restaurant pad need to be considered as to their impact on this future residential development. Addi- tionally, noise, light and glare, trash facilities and pickup associated with the project, have the potential to impact this adjacent future residential development and need to be considered. Thank you for your consideration of these issues. We would M reciate being kept apprised of future plane and reviews on s project, RECOVER JUL 1 0 1989 CITY OF LA QUINTA BLS : dmn PLANNING & DEVELOPMENT DEPT. Very truly yours, BRENDA L. SCARCELLA ASSOCIATE PL "ER a.+. . � " i_ �" i l CITT Oy Ll Quint Mo ENVIR0XVXAL OiECKLIST FORM I. BACKGRC14ND 1. Name of Proponent: -r�j �f 45 2. Address and Phone Number of Proponent: 4WLA 1O1 cay-dam, Cap g2co'7 l&I4 g a - 4.e-.1 3. Date of Checklist: i _ 1 — 54 4. Agency Requiring Checklist: S. Name of Proposal, if applicable: H. . ENV I ROh'MENTA.L Il4PACTS (Explanation of all "Yes" and "Maybe" answers is required on attached sheets.) 1. Earth. Will the proposal result in: Yes Xaybbe_ No a. Unstable earth conditions or in changes in geologic substructures? _ b. Disruptions, displacements, compaction or overcovering of the soil? V c. Change in topography or ground surface relief features? _ d. The destruction, covering or modification of .,. any unique geologic or physical features? e. Any increases in wind or water erosion of soils, either on or off the sits? f. Changes in deposition or erosion of beach, sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? S. Exposure of people or property to geologic hazards such as earthquakes, landslides, aud- slides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? _ b. The creation of objectionable odors? _ V c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? 1► S. Mater. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? _ b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? _ \4 _ e. Alterations to the course of flow of flood waters? _ d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? .,. i �' • '1� t (S) Yes Maybe �.o c. S-;.5st anti al impact upon existing transportation systems? dr Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, \ bicyclists or pedestrians? 1i 14. Public Services. Will the proposal have an effect _ upon, or result in a need for new or altered govern- mental services in any of the following areas: a. Fire protection? ` b. Police protection? _ c. Schools? d. Parks or other recreational facilities? r_ e. Kaintenance of public facilities, including roads? L f. Other governmental services? _ 15. Energy._ Will the. proposal..-result -in*- - - -- — - a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development ` of new sources of energy? +V 16. Utilities. Will the proposal result in a need or new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Commmications systems? _ e. Mater? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? _ _ % 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ b. Exposure of people to potential health hazards? _ V IS. Aesthetics. Will the proposal result in the 36structi of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? V _ 19. Recreation. Will the proposal result in an impact * -omit a quality or quantity of existing recrea- tional opportunities? ._ 20. Archeolo icsl/Historical. Mill the proposal result in an alteration o a significant archeological or historical site, structure, object or building? 21. Mandatory Finding of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially re- duce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plan 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? (S) i � . � ` � �. CITY OF LA QUINTA INITIAL STUDY PLOT PLAN #89 -417 Responses to "Yes" and "Maybe" answers - mitigation measures II. Environmental Impacts 1. Earth a.& Due to construction at base of rock d. outcropping, unstable earth conditions and modification of physical features may result. b. Since the site is vacant at present time, it - - -- - -- can be- expected that - the - project will - cover----- -- over a majority of the soil on the site. C. Grading of the site will modify natural grade of site. g. Due to rock outcroppings proximity to structures there is potential of damage or injury from landslides or earthquakes. Mitigation measures - compliance with City requirements, including but not limited to, grading, paving, landscaping will provide acceptable protection. 3. Water b. Construction and paving will increase run -off from site Mitigation measures - drainage of site will be directed to stormwater channels which abut site to west and north. i. Stormwater channels exist to west and north of site and could erode or overflow in rare instances. Mitigation measures - CVWD will require concreting of channel walls to eliminate potential for slope erosion. 7. Light and Glare There will be exterior lighting of parking lot, building and rock outcropping. Mitigation measures - lighting shall be required to be shielded to mitigate glare and overspill to adjacent properties and Highway 111. BVINST.001 - 1 - �' .�� Y� ��� � a 8. Land Use Since site is vacant, implementation of project will change use of land. Mitigation measures - none are required since land is designated for commercial use by General Plan and Zoning classification. 13. Transportation /Circulation a. Project will undoubtedly create new traffic d.& at and near site. This will create potential f. for new vehicular movement and increased traffic hazards. Mitigation measures - Highway 111 is a State highway and - - -as, such - - -is controlled by Cal Trans. The ir._.requirements for improvement and access will mitigate significant impacts created by the project. b. The project will create need for new parking facilities. Mitigation measures - the project is proposing adequate new parking facilities for the commercial complex. 14. Public Services a. & There will be an incremental increase in need b. for fire and police protection due to project. Mitigation measures - due to incremental increase expected, no mitigation measures are necessary since current staffing level should be adequate to maintain acceptable level of service. 18. Aesthetics Point Happy, the outcropping on the east side of the site is noted as a desirable natural feature by the General Plan, and is prominent as the west entrance to the City. Mitigation measures - construction of this project is limited to the base of Point Happy. Staff will carefully review plans to insure that impact on Point Happy is minimal. BVINST.001 - 2 - �.�� �,`�a -i 20. Archaeological /Historical Site has been identified by Coachella Valley Archaeological Society as having an archaeological past. Mitigation measures - survey and research of archaeological past with necessary mitigation is required prior to any disruption or grading of site. BVINST.001 - 3 - � ..- lk, ' w. ' `- c�. STAFF REPORT PLANNING COMMISSION MEETING DATE: JULY 25, 1989 APPLICANT: T S RESTAURANTS PROPOSAL PLOT PLAN NO. 89 -417; APPROVAL OF A PLOT PLAN FOR A COMMERCIAL COMPLEX CONSISTING OF A 10,250 SQUARE FOOT RESTAURANT AND 10,000 SQUARE FOOT OFFICE BUILDING IN THE C -P -S ZONE. LOCATION: GENERAL PLAN DESIGNATION: EXISTING ZONING: ENVIRONMENTAL CONSIDERATIONS: BACKGROUND NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1,200 FEET WEST OF WASHINGTON STREET. GENERAL COMMERCIAL C -P -S (SCENIC HIGHWAY COMMERCIAL) ENVIRONMENTAL ASSESSMENT #89 -129 HAS BEEN PREPARED IN CONJUNCTION WITH THIS APPLICATION. THE INITIAL STUDY INDICATED THAT POSSIBLE SIGNIFICANT IMPACTS MAY OCCUR IN THE FOLLOWING AREAS: EARTH, LIGHT AND GLARE, LAND USE, TRANSPORTATION, AND ARCHAEOLOGICAL REMAINS. MITIGATION MEASURES, PERTAINING TO THESE ITEMS HAVE BEEN MADE A PART OF THIS PROJECT AND WILL REDUCE THE IMPACTS TO AN INSIGNIFICANT LEVEL, AND THEREFORE, A NEGATIVE DECLARATION WILL BE PREPARED. The site is the westerly most parcel proposed in Parcel Map #22596 (Revised), which is also on this agenda. That revised parcel map proposes to modify the approval from two parcels (one of which includes Point Happy) to three parcels (a separate parcel for Point Happy). PROPERTY DESCRIPTION The two acre site is unique in location in that immediately to the west and north is the Deep Canyon Stormwater Channel and Whitewater River Stormwater Channel, respectively, and on the east is Point Happy, a rock outcropping that rises approximately 100 feet above the base of the site. The area between the stormwater channels and Point Happy is relatively flat. BJ /STAFFRPT.003 - 1 - m l PROJECT DESCRIPTION The proposed commercial complex consists of a two story restaurant and two story office building. The structures are constructed slightly into the base of the mountain side along the easterly property line. The restaurant is shown in the middle of the site with the office building at the rear. Parking is located between the buildings and west property line. A one -way drive at the first floor level is proposed beneath the second floor for valet parking. This (first floor) area is primarily open along the west side of the building. Access to the site is from a driveway to Highway 111 in approximately the middle of the southern property line. A unique feature proposed as a part of the restaurant is a waterfall /pond constructed into the side of the mountain. This water feature is visible to the restaurant patrons at the second floor level (dining area) and at the first floor entry to the restaurant. The feature continues beneath the drive - through lanes emptying into a pond between the parking area and building. Architecture of the structure is Santa Fe /Southwest in nature utilizing beige stucco, tan wood trim, and a brownish concrete tile roof. Proposed preliminary landscaping indicates primarily a desert native low water use design following the architectural design of the buildings. According to the architect, the restaurant will be constructed first with the office building to follow when a major tenant is secured. A statistical breakdown of the project follows: Total Floor Area: Restaurant 10,250 sq. ft. (5,300 sq. ft. serving area) Office Building 10,000 sq. ft. Parking Space Analysis: Required Restaurant 5,300 sq. ft./ 45 sq. ft. = 118 cars Office 10,000 sq. ft. /250 sq. ft. = 40 cars Required 158 Provided: Provided 126 BJ /STAFFRPT.003 (Shared parking is requested due to different operating hours- restaurant to open at 5:00 P.M. or later when the offices are normally closed.) - 2 - I Landscaping: Required: Provided: Building Heights: Restaurant: ANALYSIS: 3% of interior parking area Exceeds 3% 33+ feet (measured per code requirements for sloping lots) 42+ feet (as viewed from west) Environmental (primary impacts and mitigation measures): 1. The proximity of the structures to the rock outcropping and the waterfalls /ponds proposed, create a landslide and erosion potential. Hold harmless agreements and protective walls should be utilized. 2. Coachella Valley Water District has indicated the Applicant will be required to provide concrete slope protection along the stormwater channels and provide facilities to prohibit access to the channels from the site. This should mitigate potential erosion of the stormwater channels. 3. According to the Coachella Valley Archaeological Society, the property has an archaeological past which warrants further survey and research. This must be done prior to any grading or disruptions to the site. 4. The buildings have been architecturally designed and landscaped to maintain the integrity of the topography and blend with the desert environment. Prior to construction, exterior colors and materials (building and landscaping) must be reviewed by the City to insure that this is achieved. General: 5. As noted earlier, the site is a parcel being created from Parcel Map 22596. As such, the precise boundaries are not established. Staff prefers the waterfall on this parcel and not on the "Rock" parcel which is proposed to be dedicated to the City as part of Parcel Map 22596. 6. The project proposes shared parking for the restaurant and office building since their hours of operation do not overlap. Based on the parking provided and building sizes this is acceptable. 7. The Applicant originally proposed all valet parking. They have agreed to provide some self parking to avoid self parking along Highway 111. BJ /STAFFRPT.003 - 3 - 8. Provisions for trash disposal for both buildings needs to be redesigned in order to assure adequate access. 9. The monument sign shown on the plans will need to be relocated out of the right -of -way of Highway 111. 10. Exterior lighting, including parking lot and mountain lighting will need to be shielded to insure a minimum amount of glare and overspill. 11. Staff's major concern with having the waterfall /ponds partially on the adjacent "Rock" parcel is liability due to landslides, maintenance, etc. Staff's preference would be to have the waterfall /ponds entirely on the restaurant site. However, if the City Attorney approves an alternative arrangement, that would be acceptable to Staff. 12. To facilitate access from the parking lot to the restaurant, a walkway through the lot and middle of the building is needed. 13. Some minor modification to the parking lot is necessary to comply with the City requirements. 14. Since the site is visible from the Wells) and from Highway 111, a 4 foot and /or berm adjacent to the west installed. The Applicant has agre, Adequate screening is shown along topography and new berming. west properties (Indian high decorative wall property line should be ad to providing this. Highway 111 by existing 15. Staff would like to see a minimum amount of disturbance to the rock adjacent to the restaurant. Therefore, any scarring of the rock must be treated to restore them to their original appearance. 16. Signage will need to be approved by the Planning Commission. FINDINGS: 1. Plot Plan #89 -417, as conditionally approved, is consistent with the adopted La Quinta General Plan, in that construction is being limited to the area below a 20% slope and Point Happy is being preserved. 2. Plot Plan #89 -417, as conditionally approved, is consistent with applicable La Quinta Zoning Ordinance requirements and State law. 3. Based on the plans submitted, the subject site is physically suitable for the proposed development, due to topography, zoning and proximity to other commercial development. BJ /STAFFRPT.003 - 4 - ;- I 4. The overall development of the land as conditionally approved, is designed for the protection of the public health, safety, and general welfare. 5. Plot Plan #89 -417, as conditionally approved, is in substantial conformance with the "base plan" policies for the Highway 111 Specific Plan. 6. Environmental Assessment #89 -129 has been prepared and reviewed for this project in accordance with the California Environmental Quality Act, and it has been been determined that the project will not result in any significant adverse impact on the environment, and therefore, a Negative Declaration shall be filed upon approval of this project. RECOMMENDATION: Based upon the findings and analysis, it is recommended that Plot Plan #89 -417 be approved by minute motion, subject to the attached conditions and that the Commission confirm the environmental determination. Attachments: 1. 2. 3. 4. 5. 6. Location Map History of T S Restaurants received July 11, 1989 Plans of proposed development Comments from applicable agencies and utilities Initial study Conditions of Approval for PP #89 -417 BJ /STAFFRPT.003 - 5 - C. V. V D. J74Te va �Q 7 �v o �Y b IM J7-0RM C,y, NAlez ti h �P�R -y_17 a w aw r Am P AI.T$. CASE MAP ° "8E"' PP 89 -417 TS RESTAURANTS .n ORTH SCALE: NOT TO SCALE RECEIVED J U L 1 1 1989 CITY OF LA QUINTA TS RESTAURANTS PLANNING & DEVELOPMENT DEPT. Rob Thibaut and Sandy Saxten BEFORE THE START OF TS RESTAURANTS Sandy Saxten started working for Chuck's Steak House of Hawaii as a waiter in 1966. After graduation from Stanford University in 1967, he opened his first restaurant called the Loft, in San Jose, California. Rob Thibaut, after graduating from the University of California at Santa Barbara, joined Sandy at the Loft as a Manager. In 1971, they opened the Symposium Restaurant in Lafayette, California as partners. In late 1971, Sandy and Rob merged their restaurant interests into Borel Restaurant Corp., which expanded to a 16 unit nationwide restaurant chain, operating under the name of Rusty Scupper in major metropolitan areas such as Boston, Philadelphia, Pittsburgh, Chicago, and San Francisco. During that period, Sandy and Rob worked in every phase of the restaurant business. In 1976 the Borel Restaurant Corporation was sold to Nestles of Switzerland, and Sandy and Rob left Borel to form their own privately held restaurant company, TS Restaurants. TS RESTAURANTS - 1977 to Present Sandy's and Rob's new goal was to develop, build, and personally operate a limited number of high quality restaurants in California and Hawaii. By growing at a slow pace, TS felt it could run superior restaurants: o by waiting for the best, unique real estate sites. o by both Rob and Sandy personally working on the architecture and restaurant concept of each new restaurant, and o by personally training each new General Manager. TS chose Lahaina, Maui, as their first area, where they were able to obtain the last waterfront parcel. They opened KIMO's Restaurant in the Spring of 1977. In the twelve years since its opening, KIMO's has become nationally renowned. TIME Magazine tauted it as one of the five best restaurants on Maui. Equally glowing articles have appeared in GOURMET Magazine and newspapers from San Francisco to Boston. In a short period KIMO's has become an "institution" in Lahaina. In the summer of 1978, TS opened JAKE's LAKE TAHOE which was build overlooking the largest marina on the northwest shore of Lake Tahoe. JAKE's is the center of Tahoe's summer activities, and is ten minutes away from winter skiing at Squaw Valley and Alpine Meadows. JAKE's specializes in fresh seafood and features a seafood bar with a view of the lake. JAKE's is one of the most popular. spots in the area for locals and tourists alike. THE KAPALUA GRILL & BAR was opened by TS in March of 1979. Located at the exclusive Kapalua Resort, the restaurant has a sweeping view of the Maui Mountains and Kapalua Bay. This restaurant concept combines the informality of a New York or San Francisco "Grill" with. the sophisticated cooking of the California cuisine style. The restaurant has somewhat of a "country club" atmosphere, enhanced by the fact that it overlooks the 18th green and the Tennis Garden at Kapalua. JAKE's DEL MAR is right on the beach in Del Mar, California, a town famous for its summer horse racing season. Since its opening in January of 1981, the restaurant has been acclaimed as one of the top restaurants in North County San Diego by the San Diego Tribune and SAN DIEGO Magazine. Similar to the Grill & Bar, JAKE's offers a rather sophisticated menu in an informal dining atmosphere. In 1983 TS opened LEILANI's ON THE BEACH. The beautifully designed building with open air decks sits on the main beach at the center of the famous Kaanapali Resort on Maui, Hawaii. The upstairs dining area has distinctive specialties ranging from charbroiled local fresh fish to Kiawe wood smoked ribs, to Shrimp Polynesian style. The downstairs seafood bar and cocktail lanai are only a few feet from the sand. Opened also in 1983, CHARLIE'S GRILL is located north of San Diego on the beach at Cardiff's Restaurant Row. In a 1930's architectural style building, the restaurant captures the spirit of a classy waterfront diner with a lively bar and excellent menu featuring fresh fish and ribs. In October 1984, TS opened CHICO's CANTINA at the Kaanapali Resort on Maui, Hawaii. The tropical Mexican restaurant offers a wide variety of authentic Mexican.dishes in a casual atmosphere, sort of "Puerto Vallarta revisited ". The bar itself is covered by a large palm frond palapa (umbrella) and seems to be set in a tropical Mexican village, complete with taco stand, '65 Chevy, and woody station wagon. In January of 1986, TS opened KEOKI's PARADISE in Poipu Beach, Kauai. This seafood restaurant has already been tauted as one of the most unique and tropical settings on the island. You enter over a bridge with waterfalls on both sides, crashing into a pond below. This pond forms a stream which flows through the building, surrounded by lush Hawaiian vegetation. In June 1987, TS remodeled and re- opened SUNNYSIDE RESTAURANT AND LODGE on the West Shore of Lake Tahoe. This mini - resort includes 23 rooms, a marina and a stunning view of Lake Tahoe from almost every seat in the restaurant. The new restaurant backed by forty years of dining tradition makes this location one of the classic spots in California. In May of 1989, TS opened DUKE's CANOE CLUB in Chris Hemmenter's Kauai Westin Resort. DUKE's is a named after the world famous and much loved Duke Kahanamoku. The dining room is filled with pictures of Duke plus his original wood surfboards and canoe. The dining room overlooks a 100 foot waterfall flowing through the open air building and Nawiliuli Bay. FUTURE OF TS RESTAURANTS All ten TS Restaurants have shown steady increases in both sales and profit since their opening. TS Restaurants continues to look for unique locations i n California and Hawaii which will meet the company standards of high quality restaurants and hopes to continue to expand at a moderate pace when such locations become available. RESTAURANT VOLUMES In the 1988 calendar year TS Restaurant's gross volumes will be: Kimo's of Lahaina (165 seats) Kapalua Grill & Bar, Maui (145 seats) Jake's Del Mar (155 seats) Leilani's, Kaanapali Beach (180 seats) Charlie's, Cardiff -by- the -Sea (135 seats) Jake's, Tahoe (110 seats) Chico's Cantina, Maui (140 seats) Keoki's Paradise, Kauai (130 seats) Sunnyside Resort, Tahoe (190 seats) 4.5 million 3.6 million 3.2 million 3.5 million 2.1 million 1.8 million 2.2 million 2.6 million 3.2 million Di .r �� /ter • dHm �L11Y1 up—W oY/M� I ' RECEIVED CITY OF LA QUINTA I,1 pM,noki/' 0 elfV(1nna4r-kr rifnT 11 , '•���'�'. .sflit'� `,ter: '•I.�._: t RECEIVE Jut.) 11 /= 19M CITY OF LA QUINTA 01 eK,Knhir u nrunnntermi nrPT upfmw uvEL P%AMCM vaww :r I TAtJAANT MLNL Y= v �Y■ Nr►'1/ RECEIVED ill , 19FA CITY OF LA QUINTA PUINNINC, R DEVELOP NT DEPT. K C: M Poll! v �Y■ Nr►'1/ RECEIVED ill , 19FA CITY OF LA QUINTA PUINNINC, R DEVELOP NT DEPT. K C: 1 RECHVED JUN i ^i 1 9$9 CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. •••••• �•••••w MOTANRANIT MMAL Wd8 1C � u e"*_ 1P COLIN rY A1�'ERSI��� Planning & Ensineerins Office 46-209 Oasis Street, Suite 405 Indio, CA 92201 (619) 342 -8886 To: City of La Quinta Planning Division Re: Plot Plan No. 89 -417 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN NEWMAN FIRE CHIEF June 30, 1989 Z; �' •t.:r r� Planning g Erqineefins Offce 4080 Lemon Street, Suite 11 L Riverside, CA 92501 (714) 787 -6606 RECEIVED JUL -5 IM CITY OF LA QUINTA PLANNING b DEVELOPMENT DEPT. With respect to the condition of approval regarding the above referenced Plot Plan, the Fire Department requires the following fire protection measures be provided in accordance with La Quinta Municipal Code and /or recognized fire protection standards: 1. Provide or show there exists a water system capable.of delivering 3000 gpm for a 3 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 2.. A combination -of .on =site and off -site super fire hydrants (6" x 4" x 21" x 2} ") will be located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 3. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). System plans must be submitted with a plan check /inspection fee to the Fire Department for review. A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 4. Install a Hood Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check /inspection fee, to the Fire Department for review. 5. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning & Engineering Staff at (619) 342 -8886. Sincerely, RAY REGIS Chief Fire Department Planner By ,"D/� • Dennis D. Dawson Tlan„ r.. r; V1_1 • MEMORANDUM TO: Planning, Stan Sawa FROM: Engineering, Jerry Coffey DATE: July 6, 1989 SUBJECT: P.P. 89 -417 (Restaurant Hwy. 111) The following are general comments as requested regarding the subject: r (1) State Highway 111 is subject to Caltrans requirements and permit procedures: (a) dedication of rights of way (b) slope easement(s) (c) street construction and geometrics (d) access to and from Highway (e) status of roadway on south side of Highway at the channel (wash) (2) Preservatin of Happy Point (Rock - Public Dedication). (3) City must be held harmless from any adverse events originating with the waterfall arrangement (or other permitted use) on or adjacent to what is planned to be City property and from any adverse event occurring due to landslides from that area. is P', z ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (619) 398-2651 DIRECTORS OFFICERS TELLIS CODEKAS, PRESIDENT THOMAS E. LEVY, GENERAL MANAGER-CHIEF ENGINEER RAYMOND R. RUMMONDS. VICE PRESIDENT BERNARDINE SUTTON. SECRETARY JOHN P. POWELL KEITH H. AINSWORTH, ASSISTANT GENERAL MANAGER DO OTHYM. FISH July uly 3, 1989 REDWINE AND SHERRILL, ATTORNEYS THDORE RECEI ,EU File: 0163.1 J U L 11 1989 Planning Commission CITY OF LA QUINTA City of La Quinta PLANNING b DEVELOPMENT DEPT. Post Office Box 1504 La Quinta, California 92253 Gentlemen: Subject: Plot Plan 89 -417, Portion of Southwest Quarter, Section 19, Township 5 South, Range 7 East, San Bernardino Meridian This area is protected from stormwater flows by the Whitewater River and Deep Canyon Stormwater Channels and may be considered safe from stormwater flows except in rare instances. There may be erosion of the banks of the Whitewater River and Deep Canyon Stormwater Channels during periods of unusual rainfall and discharge. The developer shall construct concrete slope protection on the banks of the stormwater channels to prevent erosion. Plans for concrete slope protection shall be submitted to the Coachella Valley Water District for review. A portion of this area is adjacent to the right- of-way of the Whitewater River and Deep Canyon Stormwater Channels. We request that the developer be required to install suitable facilities to prohibit access to this right -of -way. The developer shall obtain an encroachment permit from the Coachella Valley Water District prior to any construction within the right -of -way of the Whitewater River and Deep Canyon Stormwater Channels. This includes, but is not limited to, surface improvements, drainage inlets, landscaping, and roadways. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. This area shall be annexed to Improvement District No. 55 of Coachella Valley Water District for sanitation service. TRUE CONSERVATION USE WATER WISELY Ll Planning Commission -2- July 3, 1989 Plans for grading, landscaping, and irrigation systems shall be submitted to Coachella Valley Water District for review. This review is for ensuring efficient water management. If you have any questions please call Bob Meleg, stormwater engineer, extension 264. Yours very truly, t Tom Levy General Manager -Chief Engineer RF:ra cc: Don Park Riverside County Department of Public Health 46 -209 Oasis Street Indio, California 92201 COACHELLA VALLEY WATER DISTRICT M i US ►EVELOPMENT REVIEW COMMITTEE REQUEST FOR COMMENT ft PLANNING DIVISION City Manager �— Public Works /Engineering Fire Marshal �- Cowunity Safety Department r o Commerce CVWD Imperial Irrigation C- Southern California Gas Tv + DSUSD CVUSD Property owner's Association Coachella Valley irtr W 6u p�lMrtA 4105 CatM [ReM IA. 10111504 LA aw+, u► urn PHONE: (• 1t) 604 -2244 DATE: (, - Ig _ 19,1 - V Pals Desert Disposal T General Telephone " N Palmer Cable Vision �— Sunline Transit -� Caltrans (District 11) Agricultural Commission City of Indian Wells City of Indio Riverside County; Planning Department Environmental Health Sheriff's Department Road Department Archaeological Society SUBJECT: Comments, Findings and Conditions concerning subject project. LA QUINTA CASE NO(S). `t3q — 4(-7 c o hrs Y rGa a ( co tom+ " co n5 �� r � cry o 41kcz, a i PROJECT DESCRIPTION: PROJBCT LOCATION; The City of La Qu _ - - - -. - - -- environmental study pursuant to the California 8nvironmental Quality Act (CEQA) for the above referenced project(s). Attached is this infornatioo submitted by the project proponent. Your comwnts are requested witb respect tot 1. Ph sical impacts the projlct presents on public resources, facilities, and /or services; 2. Reconnended conditionst a.1 that you or your agency believe would mitigate any potential adverse effects; b.) or should apply to the project design; c.) or improvements to satisfy other regulations and concerns which your agency is responsible; and -3;• 1. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and. focus of additional study(ies) which may be helpful. /� �' Please send your response by Ow to o -7 a You are invited to attend the DEVELOP DEVELOPKENT RKVIRW COMITTEb meeting at Quints City hall scheduled fort Dates Suw I34 «g-1 Times Contact Persons fJTZCVI t�Q P►r ocipD[ l nanr)eY am=ore = ®mm WAM mom MMMO� ® ® ®�mleeOO6OS� Comments made by1 f& &2'L& Date Title &01irr -11.44Z Phone Agency /Division �OeS�2;xl pot / YfF Axrx v.44_ LJ • SunLine Transit MEMBER AGENCIES Cathedral City Coachella Desert Hot Springs Indio La Quinta Palm Desert Palm Springs Rancho Mirage Riverside County Mr. Stan Sawa Principal Planner CITY OF LA QUINTA P.O. Box 1504 La Quinta, CA 92253 RE: PP 89 -417 Dear Mr. Sawa: June 27, 1989 RECEIVED JUL ` 5 19F9 CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. Thank you for the opportunity to review the plans for TS Restaurant.. As you may know, SunLine operates Line 19 on thirty - minute headways along Highway 111 in the vicinity of this project. Beginning in the fall, SunLine will operate Line 19 on 15 minute frequencies during peak hours. We request that a bus turnout and a passenger shelter be included in the project to be located on Highway 111 near the driveway entrance. The shelter could be designed by our standards or the developer may contact Sunrise Media to arrange placement of a shelter. The maintenance of the shelter is the responsibility of the property owner. SunLine has suggested standards for bus turnouts and passenger waiting shelters. We will be most happy to work with the City and with the developer to create a mutually acceptable design. Yours very truly, SUNLINE TRANSIT AGENCY " _a� Debra Astin Senior Planner DA/ kh 32.505 Harry Oliver Trail • Thousand Palms, California 92276 • (619) 343 -3456 J • 26 Junf. 1 GOv C i ` of L,i 'lu i nta Fla - nano- Dkvi Sion 74 -, �5 C<alle F. c' At,,'... S15 -1 S v..::<a 3A: FF RP-111? DP:ar Sir, The su'D jac`. property si is slack in the !-�i idle of what was origin =zlly r-^or.ied 'as a very 1ar ze circh= APolgic-�.l site. .R'rV -15 (0. This re ^.or;jrtti On has b-en Cnanu?d t0 r? + fl ?c -!ore ar-as .... one 13 on this prop -rt,,T, one =across the ,whit -'pater, three porti ms IU° z 1t'n a :roS3 Hwy 1. 1 1 . The °,a. st -rn portion of this pro jA Io -s not i ppe, -tr to have Per CEQA f ; .'ing3.2) 11P „tiff ^qti -n -and dPt, !,Ination of si��Zifican ^.e of cult zr�il resornzr ^3: 1. B= a.C'.{jzroilnrj „ °s °�.r ^,h/ 3eoords Seq.rch a. If not ?irvev -d..on-foot survey by qualified personel '). If rPvt -tv of reports. c. If sites recorded, hsave they be-n tested? 1. Rgni f i csant? 2. Xktlwitede, If this is part of the area amiexed from county, County Planning should have copies of any reports generated by prior devPlopmPn's after 1971. Be advised that one of the early records on the BIG site w.tts referr -d to as Happy Hunting xro'inds site ... a ceiptery Past of Point Happy...')ut it doesn't s!al► how •i:►.ny fe -t P -ast. Burial re•i:ains r °q'ii ~e -i tigat'.on `? °vOn,j tPs`� nc-. Th k You Gale Bropker WAS 07/10/89 16:06 '19 346 0407 CTY INDIAN WELLS Crry VInAz ells Stan Sawa City of La Quint& 78 -105 Call* Estada P.O. Box 1504 La Quint &, CA 92253 REt PP 89 -417 Dear Mr. Sawa: &Cow %=rO Aoo Myt IN04AN MILLS. CAU"NIA M10 July lo, 1989 wto w4a The City of Indian Wells appreciates the opportunity to review the above referenced case. Due to the location of the property directly adjacent to Indian Wells' eastern limits, there is concern over the development of this property. A Righway 111 specific plan for Indian wells, is being pre- pared at this time. This document will provide specific development standards and design guidelines for all development along the Highway 111 Corridor. An the location Of this site is west of the rock formation, which forms a natural transition between the Cities of La.Quinta and Indian Wells, the City would encourage incorporation of the standards set forth in the Indian Wells Highway 111 Specific Plan. Z 002 The land west of the project site in the City of Indian Wells is designated Medium Density Residential, with a maximum height restriction of 25 feet. The height of the two story office building and the height of the restaurant pad need to be considered as to their impact on this future residential development. Addi- tionally, noise, light and glare, trash facilities and pickup associated with the project, have the potential to impact this adjacent future residential development and need to be considered. Thank you for your consideration of these issues. We would appreciate being kept apprised of future plans and reviews on this project. RECEIVED JUL 10 1989 CITY OF LA QUINTA BLS ; dmn PLANNING & DEVELOPMENT DEPT. Very truly yours, BRENDA L. SCARCELLA ASSOCIATE PLANNER (3) CI" 0? IA QUMI oPo`�S ENVIRONMENTAL CHECKLIST FORM I. BACKGR04ND 1. nn^-�-L_. LL�� Name of Proponent: -rs R_4eE 1C- n+5 2. Address and Phone Number of Proponent: $A& 15*.. 1+W14 101 4--ay A a' 6a � g2GU? (&!) R -4-4-,-1 3. Date of Checklist: 54 4. Agency Requiring Checklist: S. Name of Proposal, if applicable: II. ENVIRONMENTAL IMPACTS (Explanation of all "Yes" and "Maybe" answers is required on attacbed sheets.) 1. Earth. Will the proposal result in: Yes Maybe No a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increases in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach, sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? V g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? a V c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? V S. Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? c. Alterations to the course of flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? _ (3) • (5) Yes Maybe No c. Substantial impact upon existing transportation systems? d., Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, ` bicyclists or pedestrians? 1r 14, Public Services. Will the proposal have an effect upon, or result in a need for new or altered govern- mental services in any of the following areas: \ a. Fire protection? V b. Police protection? _ _ c. Schools? d. Parks or other recreational facilities? _ e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ b. Substantial increase in demand upon existing sources of energy, or require the development \ of new sources of energy? V 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Poorer or natural gas? b. Commnm ications systems? _ c. Water? d. Sever or septic tanks? T�- V e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? _ V 18. Aesthetics. Will the proposal result in the o struction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact uponUequality or quantity of existing recrea- V tional opportunities? _ 20. Archeological/Historical. Will the proposal result in an alteration o a significant archeological \ or historical site, structure, object or building? 21. Mandatory Finding of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially re- duce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plan 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? _ (5) 1 CITY OF LA QUINTA INITIAL STUDY PLOT PLAN #89 -417 Responses to "Yes" and "Maybe" answers - mitigation measures II. Environmental Impacts 1. Earth a.& Due to construction at base of rock d. outcropping, unstable earth conditions and modification of physical features may result. b. Since the site is vacant at present time, it can be expected that the project will cover over a majority of the soil on the site. C. Grading of the site will modify natural grade of site. g. Due to rock outcroppings proximity to structures there is potential of damage or injury from landslides or earthquakes. Mitigation measures - compliance with City requirements, including but not limited to, grading, paving, landscaping will provide acceptable protection. 3. Water b. Construction and paving will increase run -off from site Mitigation measures - drainage of site will be directed to stormwater channels which abut site to west and north. i. Stormwater channels exist to west and north of site and could erode or overflow in rare instances. Mitigation measures - CVWD will require concreting of channel walls to eliminate potential for slope erosion. 7. Light and Glare There will be exterior lighting of parking lot, building and rock outcropping. Mitigation measures - lighting shall be required to be shielded to mitigate glare and overspill to adjacent properties and Highway 111. BVINST.001 - 1 - 0 8. Land Use Since site is vacant, implementation of project will change use of land. Mitigation measures - none are required since land is designated for commercial use by General Plan and Zoning classification. 13. Transportation /Circulation a. Project will undoubtedly create new traffic d.& at and near site. This will create potential f. for new vehicular movement and increased traffic hazards. Mitigation measures - Highway 111 is a State highway and as such is controlled by Cal Trans. Their requirements for improvement and access will mitigate significant impacts created by the project. b. The project will create need for new parking facilities. Mitigation measures - the project is proposing adequate new parking facilities for the commercial complex. 14. Public Services a. & There will be an incremental increase in need b. for fire and police protection due to project. Mitigation measures - due to incremental increase expected, no mitigation measures are necessary since current staffing level should be adequate to maintain acceptable level of service. 18. Aesthetics Point Happy, the outcropping on the east side of the site is noted as a desirable natural feature by the General Plan, and is prominent as the west entrance to the City. Mitigation measures - construction of this project is limited to the base of Point Happy. Staff will carefully review plans to insure that impact on Point Happy is minimal. BVINST.001 - 2 - • 20. Archaeological /Historical Site has been identified by Coachella Valley Archaeological Society as having an archaeological past. Mitigation measures - survey and research of archaeological past with necessary mitigation is required prior to any disruption or grading of site. BVINST.001 - 3 - • . I CONDITIONS OF PLOT PLAN NO. JULY 25, 1989 • APPROVAL- PROPOSED 89 -417 PLANNING AND DEVELOPMENT DEPARTMENT 1. The development of the site shall generally be in conformance with the Exhibits "A" through "F" contained in the file for Plot Plan #89 -417, unless otherwise amended by the following conditions. 2. The approved Plot Plan shall be used within one (1) year of the approval date; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not including grading, which is begun within the one -year period and is thereafter diligently pursued to completion. 3. Outside lighting shall be shielded and directed so as not to shine directly upon surrounding adjoining property or public rights -of -way. Lighting plans including light pole heights shall be reviewed and approved by the Planning Director. 4. Waterfall /ponds shown on adjacent "Rock" parcel (proposed by Parcel Map #22596) shall be part of subject parcel unless City Attorney approves alternate arrangement. 5. Parcel Map #22596 shall be recorded prior to issuance of any permits for this development. 6. A "hold harmless" agreement in favor of the City shall be recorded to release City and /or property owner of easterly parcel from liability caused by damages and /or injuries, etc., from landslides, falling rock, etc. Agreement shall be approved by City Attorney prior to issuance of any permits for this development. 7. Building heights shall be clarified prior to issuance of building permit to verify compliance with applicable zoning requirements. 8. Minimum 1/4 of parking spaces shall be provided during hours restaurant is open as self - parking areas. 9. Trash area for restaurant shall be relocated to provide acceptable access for trash company; separate trash area for office building shall be provided. 10. Monument sign shall be relocated so that it is not in street right -of -way. BJ /CONAPRVL.004 - 1 - • 11. Along west property line a 4 -foot high decorative masonry wall /berm shall be provided. 12. Any scarring of hillside caused by this development shall be treated chemically to match existing rocks. 13. No alterations or construction on hillside other than that allowed by this approval, shall occur without prior approval of Planning Director. 14. 11 -foot wide spaces for end spaces with restricted back -up area and handicap spaces per City code requirements shall be provided. 15. A sign program for all signs shall be approved by the Planning Commission prior to construction of sign(s). 16. Exterior colors visible to Highway 111 shall "blend" with natural color of Point Happy. 17. Prior to issuance of any grading or building permits, developer shall cause City of La Quinta to retain a qualified archaeologist at developers expense, to review prior Archaeological Study RIV -150. If subject site is not completely covered by previous study, on -foot survey of site shall be done and mitigation and monitoring plan for artifact location and recovery shall be prepared. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: a. Identify the means for digging test pits; b. Allow sharing the information with the CVAS; and C. Provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Planning and Development Department for final review and approval. Prior to the issuance of a Grading Permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. A list of qualified archaeological monitor(s), cultural resources management firm employees, and any assistant(s) /representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail to the Planning and Development Department. BJ /CONAPRVL.004 - 2 - The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recover, the developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 18. A pedestrian walkway shall be provided from parking lot through ground floor of building to entry of restaurant. 19. Prior to the issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and /or clearances from the following public agencies: o City Fire Marshal o Cal Trans o City of La Quinta Public Works Department o Sunline Transit o Planning and Development Department, Planning and Building Divisions o Coachella Valley Water District o Desert Sands Unified School District Evidence of said permits or clearances from the above - mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 20. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. BJ /CONAPRVL.004 - 3 - CONDITIONS OF APPROVAL -FINAL PLOT PLAN NO. 89 -417 JULY 25, 1989 PLANNING AND DEVELOPMENT DEPARTMENT 1. The development of the site shall generally be in conformance with the Exhibits "A" through "F" contained in the file for Plot Plan #89 -417, unless otherwise amended by the following conditions. 2. The approved Plot Plan shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not including grading, which is begun within the one -year period and is thereafter diligently pursued to completion. 3. Outside lighting shall be shielded and directed so as not to shine directly upon surrounding adjoining property or public rights -of -way. Lighting plans including light pole heights shall be reviewed and approved by the Planning Director. 4. Issues pertaining to liability, damages, construction, etc., due to waterfall /ponds on "Rock" parcel to the east, shall be resolved by written agreement approved by the City Attorney prior to issuance of any permits for this project. Goal of this Condition is to either have waterfall /pond and other restaurant improvements on "Rock" parcel with "Hold Harmless" agreements or modify property line between subject property and "Rock" parcel so that waterfall /pond and other restaurant improvements are not on "Rock" parcel. 5. Parcel Map #22596 shall be recorded prior to issuance of any permits for this development. 6. A "Hold Harmless" agreement in favor of the City shall be recorded to release City and /or property owner of easterly parcel from liability caused by damages and /or injuries, etc., from landslides, falling rock, etc. Agreement shall be approved by City Attorney prior to issuance of any permits for this development. 7. Building heights shall be clarified prior to issuance of building permit to verify compliance with applicable zoning requirements. 8. Minimum 1/8 of parking spaces shall be provided during hours restaurant is open as self - parking areas. BJ /CONAPRVL.004 - 1 - 9. Trash area for restaurant shall be relocated to provide acceptable access for trash company; separate trash area for office building shall be provided. 10. Monument sign shall be relocated so that it is not in street right -of -way. 11. Along west property line a 4 -foot high decorative masonry wall and or berm shall be provided. 12. Any scarring of hillside caused by this development shall be treated chemically to match existing rocks. 13. No alterations or construction on hillside other than that allowed by this approval, shall occur without prior approval of Planning Director and City Engineer. 14. 11 -foot wide spaces for end spaces with restricted back -up area and handicap spaces per City code requirements shall be provided. 15. A sign program for all signs shall be approved by the Planning Commission prior to construction of sign(s). 16. Exterior colors visible to Highway 111 shall "blend" with natural color of Point Happy. 17. Prior to issuance of any grading or building permits, developer shall cause City of La Quinta to retain a qualified archaeologist at developers expense, to review prior Archaeological Study RIV -150. If subject site is not completely covered by previous studies, on -foot survey of site shall be done and mitigation and monitoring plan for artifact location and recovery shall be prepared. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: a. Identify the means for digging test pits; b. Allow sharing the information with the CVAS; and C. Provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Planning and Development Department for final review and approval. Prior to the issuance of a Grading Permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. BJ /CONAPRVL.004 - 2 - A list of qualified archaeological monitor(s), cultural resources management firm employees, and any assistant(s) /representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail to the Planning and Development Department. The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recover, the developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 18. A pedestrian walkway shall be provided from parking lot through ground floor of building to entry of restaurant. 19. Prior to the issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and /or clearances from the following public agencies: o City Fire Marshal o Cal Trans o City of La Quinta Public Works Department o Planning and Development Department, Planning and Building Divisions o Coachella Valley Water District o Desert Sands Unified School District Evidence of said permits or clearances from the above - mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 20. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. BJ /CONAPRVL.004 - 3 - 21. Applicant shall improve or bond for his share of street improvements along street frontage of site as required by pending Highway 111 Specific Plan. These improvements may include, but are not limited to: a. Landscaped median island. b. Curb, gutter, and sidewalk. 22. Applicant shall participate in installation of his share of Riverside County bike path along Whitewater Storm Channel, as required. by City of La Quinta, if deemed necessary. BJ /CONAPRVL.004 - 4 - v RECORDING REQUESTED % STEWART TITLE CO. (Space Above This Line For Recorder's Use) RECORDING REQUESTED BY: EASEMENT AND.HOLD HARMLESS AGREEMENT - THIS GRANT Stewart Ti -tl`e Escrow ,yac V of January, 1991, by and between Michael J. Shovlin.and Claudia F. Shovlin, Trustees of The Bay Shore Inc., 74-075--El Paseo Pension Trust dated - December 1, 1979, as to an undivided one -half (1/2) interest and Lord Fletcher Inn, Inc., a California Suite A-12 Palm Desert, CA 92261 A 193' C�. ( "Grantor "), the City of La Quinta, a municipal corporation A , o o tt Real Estate Partnership, a California 2. ( "Grantee "). oo " 60 Attention: Betty Kirby r ��- 1,�1���+ elly DEPT b cat - H PLR%%I%G & �EVELOPMEIVT W $ WHEN RECORDED MAIL TO: Sandy Saxten Lail `� TS Enterprises, Inc. 2526 S. Highway 101 Cardiff by the Sea, CA 92007 (Space Above This Line For Recorder's Use) A. Grantor is the owner of that certain real property ( "Property A ") located in the City of La Quinta, County of Riverside, State of California, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. B. Grantee is the owner of that certain real property ( "Property B ") situated in the City of La Quinta, County of Riverside, 'State of California, and more particularly described in Exhibit "B" attached hereto and incorporated herein by reference. C. Grantee desires to acquire certain rights in Property "A ", as hereinbelow described. 806/3VCG/T8713- 002 /01- 09- 91 /jas c� GRANT OF EASEMENT AND.HOLD HARMLESS AGREEMENT THIS GRANT OF EASEMENTS AND HOLD HARMLESS AGREEMENT is I made this 17 aday of January, 1991, by and between Michael J. Shovlin.and Claudia F. Shovlin, Trustees of The Bay Shore Inc., Pension Trust dated - December 1, 1979, as to an undivided one -half (1/2) interest and Lord Fletcher Inn, Inc., a California corporation, as to an undivided one -half (1/2) interest ( "Grantor "), the City of La Quinta, a municipal corporation ( "City ") and La Quinta Real Estate Partnership, a California general partnership ( "Grantee "). R E C I T A L S• A. Grantor is the owner of that certain real property ( "Property A ") located in the City of La Quinta, County of Riverside, State of California, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. B. Grantee is the owner of that certain real property ( "Property B ") situated in the City of La Quinta, County of Riverside, 'State of California, and more particularly described in Exhibit "B" attached hereto and incorporated herein by reference. C. Grantee desires to acquire certain rights in Property "A ", as hereinbelow described. 806/3VCG/T8713- 002 /01- 09- 91 /jas c� 29964 D. Grantor may desires to dedicate all of its right, title and interest in Property "A ", subject to the rights transferred to Grantee as hereinbelow described, to.the City. NOW, THEREFORE, the parties hereto, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1. Grantor hereby grants and conveys to Grantee and its successors, assigns, designees and permittees, a non - exclusive easement and right -of -way over that certain portion of Property "A" more accurately described in Exhibit "C" attached hereto and incorporated herein by reference (the "Easement "), to construct, repair and maintain landscaping, landscape lighting and a water feature in accordance with plans and specifications as approved by the City (the "Improvements "). Grantor hereby further grants and conveys to Grantee and its successors, assigns, designees and permittees, a license over Property "A" for the purpose of installing, repairing and /or maintaining the Improvements (the "License "). 2. Grantor, City and their respective successors and assigns, (hereinafter referred to separately as the "Indemnitee" or collectively as the "Indemnitees ") shall have no liability and Grantee covenants and agrees to hold the Indemnitees, and each of them, harmless from damage, if any, which may occur on, or arise from, the Easement or License, including but not limited to damage caused by construction, normal and reasonable use, subsidence, landslide, flood or other natural calamity. 3. Grantee agrees to indemnify the Indemnitees against and defend and save each Indemnitee harmless from all demands, claims, causes of action or judgments, and all reasonable expenses incurred in investigating the same, for injury to person, loss of life or damage to property occurring on the Easement and arising out of Grantee's use and occupancy of the Easement. Grantee agrees to maintain insurance in an amount not less than One Million and 00 /100 Dollars ($1,000,000.00) covering its obligations as hereinabove stated in respect to injury to persons or property and loss of life and will furnish each Indemnitee with evidence of such coverage before commencing any use or occupancy of the Easement. Grantee agrees to show Grantor as an additional insured on the $1,000,000 liability insurance policy. 4. If at any time after the Improvements are completed and placed in operation, Grantee ceases to use and /or maintain. such Improvements for a period of ninety (90) consecutive days (the "Non -Use Period "), Grantee shall, upon written demand of Grantor, execute and deliver to Grantor any and all documents necessary to reconvey the above - described Easement applicable to the Improvement not being used to Grantor. Such Non -Use Period -2- 806/3VCG/T8713 -002/01 -09- 91 /jas }. 29964 shall be deemed to commence upon receipt by Grantee of written notice from Grantor stating that Grantee's use and /or maintenance of such Improvement has been deemed to have ceased and reciting the facts supporting Grantor's assertion that Grantee's use and /or maintenance of Improvement has ceased. Notwithstanding anything stated herein to the contrary, the Non -Use Period shall not be deemed to have commenced or be continuing if Grantee's failure to use and /or maintain an Improvement results from force majeure, governmental moratorium, utility interruption, war, water supply shortage or other circumstances beyond the control of Grantee. 5. This Grant of Easement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. 6. This Grant of Easement contains the entire agreement between the parties hereto and no addition or modification of any term or provisions hereof shall be effective unless set forth in writing, and signed by the party to be charged. 7. In the event either party hereto commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing party in such action shall have the right to recover reasonable attorney's fees and costs from the other party to be fixed by the court in the same action. 8. In the event the real property taxes are increased on Property A based on the Improvements made to Property A, Grantee agrees to be financially responsible for same. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement as of the day and year first above written. "Grantor" MICHAEL J. SHOVLIN AND CLAUDIA F. SHOVLIN, TRUSTEES OF THE BAY SHORE INC., PENSION TRUST, DATED DECEMBER 1, 1979 By: Michael J1. Shovlin Trustee By: (Vilee'e-1,114 �C°7 ( ze Claudia F. Shovlin Trustee (signatures continue) -3- 806/3VCG/T8713- 002/01 -09- 91 /jas n z 4VI ��� (signatures continued) Atte t: c~- /`, -Saundra Juhola City Clerk Approved as d",let to form: / (C r r iN �l � /11V �7 - Dawn C. Honeywell Stradling, Yocca, Carlson & Rauth City Attorney 806/3VCG/T8713 -002/01- 09- 91 /jas 29964 LORD FLETCHER INN, INC., a California pqrporation By • =U , 09 Name: W.H. Fletcher Its President "Grantee" LA QUINTA REAL ESTATE PARTNERSHIP, a California general par nership By: Name: Sam Z Its General Partner By: Name: Its General Partner "City" CITY OF LA QUIN , a municieftl ,corilration By: ( - AkV44:2 John P na Its Mayor -4- 2994 STATE OF CAL FORNIA ) ss. COUNTY OF ) I P11-1 On , 1991, before me, the undersigned, a otary Pub c in and for said State, personally appeared Micha J. ShovlAn and Claudia F. Shovlin, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within document as Trustees on behalf of The Bay Shore Inc.,Pension Trust, and acknowledged to me that they executed it. BETTY S. KIRBY NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN RIVERSIDE COUNTY MY Commission Exp, Fab 2Z 180d STATE OF CAIJ FORNIA COUNTY OF hand and official seal. ss. Notaz'y Public in and foj said State On / C , 1991, before me, the undersigned, Notary ublic in and for said State, personally appeared W. Fletch r, persea�y— knawA— t -o—me' (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as President on behalf of Lord Fletcher Inn, Inc., the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a Resolution of its Board of Directors. WITNESS my hand and official seal. 'oovee.am „m,���N�e Notary ublc iri and or said State BETTY SL KIRBY NOIAR PUBLIC - CALIFORNIA PRI NCIPAL OFFICE IN RIVERSIDE COUNTY MY Commission Exp, Feb n, 19N 5' 806/3VCG/T8713 -002/01- 09- 91 /jas �,��� '� �A, 29964 STATE OF CAL FORNIA ) j ss. COUNTY OF On C ilk / A 1991, Pefore me, the undersi ne , a N car b'ic in and fo, sa Sta e, ersonall 9 y appeared _ ate; pers (or proved to me on he basis of s a t i s f a c t o ry ev 1 d e nc e) to be the person Whose name is subscribed to the within instrument and acknowledged to me-that he /she /they executed the sane in his/her /their authorized capacity, and that by his/her /their signature on the instrument the person or the entity upon behalf of Which the person acted, executed the instrument. seeoeeoeeeeeeee•••••ee S my hand and official seal. OFFICIAL SEAL - ..� BETTY S. KiRBY NOTetRY PUELIC - CALI; ORNIA PRINCIPAL OFFICE IN + <' RIVERSIDE COUNTY MyCommissionExp.Feb2P,1994 Notary blic in and foi said /State Heeeel eeeeeeeeeeeeeeeHee00eee.e STATE OF CALIFORNIA ) J ) ss. COUNTY OF u Sl C)) On Y4\o arr'i 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared John Pena, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Mayor on behalf of the City of La Quinta, the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its Bylaws or a Resolution of its Board of Directors. WITNESS my hand and off�gial seal. OFFICIAL SEAL otary Public i nd for said State SAUNDRA t. JUH01A NOTARY PUBLIC • CALIFORNIA RIVERSIDE COUNTY F My COMM. Expires Dec. 18, 1992 806/3VCG/T8713- 002/01 -09- 91 /jas J 'Ai ! 29964 EXHIBIT "A" DESCRIPTION OF PROPERTY "A" Parcel 2 of Parcel Map No. 22596,.as shown by map on file in Book 160, Pages 87 and 88, of Parcel Maps, Records of Riverside County, California. EXHIBIT "A" 806/3VCG/T8713 -002 /01- 09- 91 /jas \� nA 29964 EXHIBIT "B" DESCRIPTION OF PROPERTY "B" Parcel 3 of Parcel Map No. 22596, as shown by map on file in Book 160, Pages 87 and 88, of Parcel Maps, Records of Riverside County, California. EXHIBIT "B "` cj 806/3VCG/T8713 -002 /01- 09- 91 /jas �� Q� FROM /. 8.1991 12115 ' ` �.. �. " P. I Z99r � \��� ~~ ~ rn y 180 foot topn nn on Parcel 2 of Parcel 0ap'22598. - ---_ °w°=* Parcels 2 and 3 of Parcel Map 22596, ' EXHIBIT C-1 � v` ��� 2994 EXHIBIT "C" DESCRIPTION OF LANDSCAPE EASEMENT That portion of Parcel 2 of Parcel Map No. 22596 along the westerly boundary thereof and below the 160 foot topo line, as more particularly shown on EXHIBIT "C -1" attached hereto. 806/3VCG/T8713 -002/01- 09- 91 /jas EXHIBIT "C" Ire U �. (known to me) of (c�>�v'�6��de/ j���df /fst�s�a�t6yy�e,�y��ry��/�o be the person S whose nam6 arP_ subscribed to the wi toilis���Hscrb4 dllA@4@0 the executed the same. OFFICIAL SEAL BETTY S. KIRBY WITNESS my .d and official seal / „ti NOT;-.-,Y PUBLIC. CALVORNIA PnIN:jp %L OFFICE IN RIVERSIDE COUNTY / A!y Commission Eap. Feb 72. 1994 $ignat _ �,, ��.•.sese00f0000000000000000000 .y,,S. Kirby Name (Typed or Printed) { �a .299 G2. � ����,�.� �� - • 0000..oeoe ®aasoee000aa@e.�d (Individual) OFFICIAL SEAL ` BETTY S. KIRBY STATL OF CALIFORNIA NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN 0 SSA • RIVERSIDE COUNTY COUNTY OI RIVERSIDE •. , r MyCormvaaion Exp. Feb 2Z IO94 �oe@oe eoo@@OOOOOOP@@ @ @@0 @P00@@0 On JANUARY i8, 199/ before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAF.T, J SMIT -IN AND CIALIDTA F_ gjM -TN' TAUS7'EE.c• (known to me) of (c�>�v'�6��de/ j���df /fst�s�a�t6yy�e,�y��ry��/�o be the person S whose nam6 arP_ subscribed to the wi toilis���Hscrb4 dllA@4@0 the executed the same. OFFICIAL SEAL BETTY S. KIRBY WITNESS my .d and official seal / „ti NOT;-.-,Y PUBLIC. CALVORNIA PnIN:jp %L OFFICE IN RIVERSIDE COUNTY / A!y Commission Eap. Feb 72. 1994 $ignat _ �,, ��.•.sese00f0000000000000000000 .y,,S. Kirby Name (Typed or Printed) { ,� fi f Title Order No. o L- I 1 Do M RECORDING REQUESTS'- lYj ` 1 RE SORDING RE'QTSEE.STEb�Y r STEWART TITLE COMPANY a b b. v C r AND WHEN RECORDED MAIL TO I NAME' SANDY . SAXTEN , CHAIRMAN ADDRESS TS EN`FERPRISES, INC. 1► • CITY 6. 2526 SOUTH HIGHWAY 101 STATE ERDIFF BY THE SEA, CA 92007 MAIL TAX STATEMENTS NAME SAM AS ABOVE � W ADDRESS CITY b W STATE L / SPACE ABOVE THIS LINE FOR RECORDER'S U USE 01208743 A'1'TAQ3ED �ETi�� Escrow No. Title Order No. o L- I 1 Do M Documentary transfer tax $. SEE • Computed on full value of property conveyed, or • Computed on full value less liens & encumbrances THEg `1' RtSTr time of sale. Signature of declarant or agent determining tax - firm name ❑ Unincorporated area City LA. QUINTA Grant Deed Apq , low_ o6-o_ THIS FORM FURNISHED BY STEWART TITLE COMPANY OF RIVERSIDE COUNTY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MICHAEL J. SHOVLIN AND CLAUDIA F. SHOVLIN, TRUSTEES OF THE BAY SHORE INC., PENSION TRUST DATED DECEMBER 1, 1979 AS TO AN UNDIVIDED ONE HALF INTEREST AND LORD FLETCHER INN, INC., A CALIFORNIA CORPORATION AS TO AN UNDIVIDED ONE HALF INTEREST hereby GRANT(S) to LA QUINTA REAL ESTATE PARTNERSHIP, a California general partnership the following described real property in the CITY OF LA QUINTA County RIVERSIDE , State of California: PARCEL 3 OF PARCEL MAP 22596 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 87 AND 88 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. f7:�l��ii: � 1 � • • STATE OF CALIFORNIA, County of RIVERSIDE On J_ANVARY 9, 1991 — —, -- - , before me, the undersigned, a Notary Public in and for the said State, residing therein, duly commissioned and sworn, personally appeared W. H. FIETCHER personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s): ' ( ) INDIVIDUAL whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it CORPORATION who executed the within instrument as president and secretary, on behalf of the corporation therein named and acknowl- edged to me that such corporation executed the within instrument pursuant to its articles and by -laws and a resolution of its Board of Director ( ) PARTNERSHIP that executed the within instrument on behalf of the partnership, and acknowl- edged to me that the partnership executed it. WITNESS.Pf9iand and offi�ciallsseal r BETTY S. K dY BAY SHORE INC., PENSION TRUST DATED DECEMBER 1, 1979 JMICHAEL BY: / .VS0 IN,�TVUSTEE QCl <Cl(,C.. 1�'Z� t LAUDIA F. SHOVLIN, TRUSTEE LORD, FL.ET,F�B� I,I� I NC. , A .CALIF. CORP. 1 ~.l W. H. Fletcher, Presidente,- ", FOR NOTARY SEAL QI�' es�eo��s�o�ss��000esoaooeo 0 1 OFFICIAL SEAL �, BETTY S. KIRBY " NOT: Fy PUBLIC - CALVORNIA " . =,• .1�� P:;lk';'1P: LOFFtCE IN RlVcflSf<'is COUNTY �'tw�t m, cc m.j& :na E«P, F40 22. 1991 r cc W a a b b. v C U 1 • C� � � y 1► • zip � W W SPACE ABOVE THIS LINE FOR RECORDER'S U USE A'1'TAQ3ED �ETi�� • Computed on full value of property conveyed, or • Computed on full value less liens & encumbrances THEg `1' RtSTr time of sale. Signature of declarant or agent determining tax - firm name ❑ Unincorporated area City LA. QUINTA Grant Deed Apq , low_ o6-o_ THIS FORM FURNISHED BY STEWART TITLE COMPANY OF RIVERSIDE COUNTY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MICHAEL J. SHOVLIN AND CLAUDIA F. SHOVLIN, TRUSTEES OF THE BAY SHORE INC., PENSION TRUST DATED DECEMBER 1, 1979 AS TO AN UNDIVIDED ONE HALF INTEREST AND LORD FLETCHER INN, INC., A CALIFORNIA CORPORATION AS TO AN UNDIVIDED ONE HALF INTEREST hereby GRANT(S) to LA QUINTA REAL ESTATE PARTNERSHIP, a California general partnership the following described real property in the CITY OF LA QUINTA County RIVERSIDE , State of California: PARCEL 3 OF PARCEL MAP 22596 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 87 AND 88 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. f7:�l��ii: � 1 � • • STATE OF CALIFORNIA, County of RIVERSIDE On J_ANVARY 9, 1991 — —, -- - , before me, the undersigned, a Notary Public in and for the said State, residing therein, duly commissioned and sworn, personally appeared W. H. FIETCHER personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s): ' ( ) INDIVIDUAL whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it CORPORATION who executed the within instrument as president and secretary, on behalf of the corporation therein named and acknowl- edged to me that such corporation executed the within instrument pursuant to its articles and by -laws and a resolution of its Board of Director ( ) PARTNERSHIP that executed the within instrument on behalf of the partnership, and acknowl- edged to me that the partnership executed it. WITNESS.Pf9iand and offi�ciallsseal r BETTY S. K dY BAY SHORE INC., PENSION TRUST DATED DECEMBER 1, 1979 JMICHAEL BY: / .VS0 IN,�TVUSTEE QCl <Cl(,C.. 1�'Z� t LAUDIA F. SHOVLIN, TRUSTEE LORD, FL.ET,F�B� I,I� I NC. , A .CALIF. CORP. 1 ~.l W. H. Fletcher, Presidente,- ", FOR NOTARY SEAL QI�' es�eo��s�o�ss��000esoaooeo 0 1 OFFICIAL SEAL �, BETTY S. KIRBY " NOT: Fy PUBLIC - CALVORNIA " . =,• .1�� P:;lk';'1P: LOFFtCE IN RlVcflSf<'is COUNTY �'tw�t m, cc m.j& :na E«P, F40 22. 1991 WITNESS.Pf9iand and offi�ciallsseal r BETTY S. K dY BAY SHORE INC., PENSION TRUST DATED DECEMBER 1, 1979 JMICHAEL BY: / .VS0 IN,�TVUSTEE QCl <Cl(,C.. 1�'Z� t LAUDIA F. SHOVLIN, TRUSTEE LORD, FL.ET,F�B� I,I� I NC. , A .CALIF. CORP. 1 ~.l W. H. Fletcher, Presidente,- ", FOR NOTARY SEAL QI�' es�eo��s�o�ss��000esoaooeo 0 1 OFFICIAL SEAL �, BETTY S. KIRBY " NOT: Fy PUBLIC - CALVORNIA " . =,• .1�� P:;lk';'1P: LOFFtCE IN RlVcflSf<'is COUNTY �'tw�t m, cc m.j& :na E«P, F40 22. 1991 1 11 10 IS TdT a 78495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 August 23,.1994 Mr. Sandy Saxten 225 Plaza'Street, Suite 300 Solana Beach, CA 92075 SUBJECT: THE CLIFFHOUSE RESTAURANT ENCLOSURE Dear Saxten: A"l This letter is to officially inform you that your plans for expansion as contained on Exhibit "A" attached hereto is approved subject to the submittal of a new parking analysis of the Cliffhouse site prior applying for the renewal of the presently approved office building to evaluate the parking issues in light of the enclosed patio space. Should you have any questions, please contact the undersigned. Very truly yours, dJ E HERMAN Planning & Development Director JH:bjs c: Building & Safety Department 0 MAILING ADDRESS P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 a �1 E r f � 'f r _. AK" A U August 9, 1994 Jerry Herman ROB THIBAUT President SANDY SAXTEN Chairman of the Board Planning Director`';' City of La Quinta Box 1504 La Quinta, CA 92253 A 1994 Dear Jerry: We wci.a.l.tj like to proceed on our drawings fo.r the rT_j Quinta Cliffhouse bar renovation. Before w:, s J _1. i_ke to clarify your concerns so we may proceed expeditiously and without going to the Planning Commission. We agree to your requests as .follows: 1. Roof design would inclt!de tile on the south, west, and- north perimeters so the Cliffhouse patrons would sere a tale edge. 2. The final designs will include the french doors on the north elevation as set out in alternate No.. a, on the plans presently submitted. 3. The Cliffhouse agrees to submit a new parking analysis of the Cliffhouse site prior to applying for the renewal of the presently approved office building permit to evaluate the parking issues in light of this enclosed patio space. Thank you for your help. Cde are excited thaw this emclosed space which will enable us to take care of our bar dining git.iests in the summer and winter months and also allow us to consider opertinq for lunch in the bar area in 1995. If this meets with your approval, please initial a copy an.' 11 we will proceed on the plans. We hope to resubmit in a cony ].e of weeks. ty 4f La Quinta SS/pas Enclosures Be.s� Regards . r Men 5ar;dy Clwner XW9i3� &CASE 9 T $ RESTAURANTS OF HAWAII AND CALIFORNIA 225 Plaza Street, Suite 300, Solana Beach, California 92075 (619) 942 -1442 Fax (619) 792 -9651 Cardiff • Del Mar • S.D. South Bay • Lake Tahoe • La Quinta • Lahaina • Kapalua • Kaanapoli • Poipu Beach • Kauai Lagoons • Kolapaki Beach ■ WILLIAM ZMISTOWSKI ASSOCIATES ARCHITECTUREi7LANNING /INTERIOR DESIGN 1909 BROADWAY BOULDER. COLORADO 80302.5256 ' 303/449 -4831 FAX 303/449 -1345 1 i ' a rY Ju 19, 1994 J U L 2 6 1994 �E r2 :!Y &a yi� a I'��{�t�li�e� {ems �1._ Mr. Sandy Saxten TS Restaurants 225 Plaza St., #300 Solana Beach, CA 92075 Re: The Cliffhouse Restaurant BAR TERRACE ENCLOSURE Dear Sandy: r Enclosed are plan and elevation concept sketches for the bar terrace enclosure that your have requested for The Cliffhouse Restaurant in La Quinta, California. Within the limited scope of this conceptual study we have not made a detailed review of the building modifications that would be required, but listed below are several factors that have been identified: 1. Existing Trellis: During the original construction in 1991, the bar terrace trellis was revised in order to add a tile shade structure in the future. The intent was that the would be fastened to wood strips. For this tile shade structure the beams and connections were tilted in order to provide a 11h:12 slope (re: attached drawing SU.52 and SU.53 dated 7/26/91). 2. Existing Footings: When the the shade structure was proposed during original construction in 1991, the structural engineer determined that the 4' x 4' footings should be enlarged With 6' x 6' concrete caps (re: attached drawing SU.S29 dated 8/28/91). However, my review of our records (change orders, etc) indicates that work was not performed. But as we discussed last week, your recollection is that this work was pedormed' and that you will provide documentation for the structural engineer to review. Obviously, verification of the existing foundation conditions is critical for the engineer to review the structural feasibility of this proposed remodel. 3. Current Remodel Proposal: The proposed terrace enclosure remodel will require different details than the file shade structure that was previously envisioned. We would anticipate that the lighter weight roof shown on the attached concept sketches Will be adequately supported by the existing structure. But, this will need to be confirmed by the structural engineer's calculations after the footing sizes have been confirmed. Due to the limited scope of this concept study we have not. prepared working drawings that would be suitable for building permit review or construction. Please let us know if you would like for us to prepare a proposal for the preparation of working drawings and for construction observation. These concept studies should be adequate, however, for your use in obtaining preliminary pricing from contractors and for discussions With the building department in order to further determine the feasibility. MEMBERS OF THE .AMERICAN INSTITUTE OF ARCHITECTS 6 j Mr. Sandy Saxten July 19, 1994 Page Two Please do not hesitate contacting us if you have any questions. Respectfully, WILLIAM ZMISTOWSKI ASSOCIATES Je ssu so ate JF /gtm cc: Bill Zmistowski Tom Skinner Enclosures: 3 ea. 7/19/94 Bar Terrace Enclosure Concept -- Alternatives A, B and C. 1 ea. 7/26/91 Section at Bar Terrace Trellis -- Supplemental Drawing SU.52 1 ea. 7/26/91 Section and Dining Trellis -- Supplemental Drawing SU.53. 1 ea. 8/28/91 Proposed Footing Cap -- Supplemental Drawing SU.S29. nvvl — 1.4.1r. — ,12E 9EAAt: X NOT 0WREYCAVAT A112F US1UR9AMM IV ,CIE INOE CONQ4E7 DE BE.LV PO�I/R '041acc r w/ 1 ACENT f7G CAP. --� -O .r 4'-Or 1 =4 VM7 fTG 'l r.p L 0 '° 6 =0x6' =0 CONQPEIF _ �fGb11NC CAP MOO colaflIF AID? !� ._ CGWCRETF FOOTWC PARTIAL UPPER ZVEL FRAMING PLAN — BAR TRELLIS In so w -L 0! =0 x 4'-0 x 1 =4 COO ' REW W. W/ S J5 V 01 +r T. &B SEC TwION h w� w '2 #* I' — o tq 7 � p J 1-0 x X-0 DON£LS OR/L1 C' N110 A9? AMD EPOxr W Haa Zr SECT. 1/S7! -a iv INC. SUPPLEMENTAL SU S29 THE CLIFFS RESTAURANT DRAW1Nc No.: "' Ca""`"t "0 strw""°` Z'°t'~e" LA QUINTA, CALIFORNIA ,.7,9 SPawee ST. DATE eoui.ccm, COLORADO W30, (303) 444_1931 ft f i. 2 121' - I' ' ' ct.ICT Z saai,•I.L p,s esve ICAL. _ - �.o aaXrldwH Ln70. '•YTOImI •!'04N MNI J•1. �R . t % /. IZO'•O Q Q HFAD • Q :r} ROtjcm S&WH 1, a [C)l fRM,Ulb 'STRIPS o) b+ • G' ewprr 2 Z• wTa 9 G'S0" rlw CA• H. XUM yfr A., 7R •1L1,ITICTLeL MOTG�. r ( _ Yo �ni iC'� �.�ill'�• �.� .•oi W 44 a0= s Y r I , ri s xu g �4Lase 24'.e, Q.-r, ROUGH 5AUrI S•k=o ?TRUCTUR' - � EL -Y. ICi T.O. 1 1\� II(o' 2' - ELGv. lot Hem [) I Fin. P-LR UPPM L IdA 4+ o=b /4V.l_-5 CCOR .Wb PQAMM: 1 " ��JTJZ oc>cR 5r_WeouLG. . 1 C!"IET Cw ire bTHRE•mR ';M 5` H�IILppyyV,APbR CARRMR i•I COMP,sCTCD PILL - P UZ. . Flt LG�eL. • • • •• � - • • i1,�rl — —��11 ��I�Q WILLIAM ZMISTOWSKI ASSOCIATES 7 e-7 "jw ,.ti•� Ci ,� 1 1 I ARCHITECTURE /PLANNING I INTERIOR OESIGN— 1909 BROAOWAY BOULDER. COLORAOO.OZ LY 307!„9.401 FAX 3=449 -1346 �,�. (�'^UI� , �j�� �2�T/� �7�,0�% IB u ' �Lr 1 J* fo 5 NA T� JF- {d Lim. IS V�,ICS fro :x f11 �iissi- - -__� _�- _ •• _ moo_ _ _ o VMS ■ir. i � n ts4,2p �i o A!� WILLIAM ZMISTOWSKI ASSOCIATES QINILiG Y'cj �*G� 7r4a;�l ARCHITECTURE / PLANNING / INTERIOR OESIGN' 1909 SROAOWAY SOULOER. COLORADO 40302'G "��ej- ��(�I✓LT' �GC3 .; =449- j FAX 303//49.1346 LWA% C."i krA C4&"j-'ek2.W . .' )C fC�J1t/ �6G� _44� ' �aC.0�311L {,b to i � n ts4,2p �i o A!� WILLIAM ZMISTOWSKI ASSOCIATES QINILiG Y'cj �*G� 7r4a;�l ARCHITECTURE / PLANNING / INTERIOR OESIGN' 1909 SROAOWAY SOULOER. COLORADO 40302'G "��ej- ��(�I✓LT' �GC3 .; =449- j FAX 303//49.1346 LWA% C."i krA C4&"j-'ek2.W . .' f QaAra) 4 4a VIE 06H 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 =7000 FAX (619) 777 -7101 August 4, 1994 Mr. Paul G. Spooner La Quinta Cliffhouse 78 -250 Highway 111 La Quinta, CA 92253 SUBJECT: PROPOSED ADDITION TO CLIFFHOUSE RESTAURANT (PLOT PLAN 89- 417 ) Dear Mr. Spooner: After reviewing the plans for your proposed addition to the Cliffhouse Restaurant in La Quinta, California, we have determined that the modification will require Planning Commission approval due to the size, parking requirements, and nonconforming nature of the addition (change in roof material). Attached is an application which you must fill out and submit along with plans and a $380.00 filing fee. In addition to the plans which you have to date, please prepare a site plan showing the proposed addition in relationship to the property and existing building, and include a calculation of the exact size of the proposed addition and existing restaurant. Please submit twenty sets of the required plans folded to 8}" x 11". Once we have received the required submittal material, we will schedule your request for a Planning Commission meeting. Should you have any questions regarding free to contact the undersigned. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:kaf Enclosures this matter, please feel c: Building and Safety Department, Mark Harold Dodco Construction MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253, J ��,��a.J ���� s ! �� i V t,�.f �f � .� SEP -14 -1993 14:00 FROM T?Y OF IHDIAN WELLS TO 29 .august 1993 Dear Genc You are the one who suggested that I write the Council regarding 1 the Cli$house Restaurant and tou tirnaity got - Vcnstcin to write M I just happen to see Mayor Pena's ( August 9) letter to Mayor Am Cliffhpuse Resiaatrani lighiittgattc.. l save not r=ivtd a opy a resportme from the City to my letter to the sourish reguding the Cl problem. I talked to Brenda Scarce la many months ago and sugge into this lighting issue because it could cause problems whcn hoto Monte Set= and the east end of Area C. She indicated that foils she had written a letter to Stan Sawa in the Ls Quinta plamting del had talked to Mr. Sawa and had hire pull the EIR on the Cliffhous a mitigation statement which said that no Lighting from the parking adjacent.property or onto Hwy 111. Jere Herman .Plara intg and I was not available so I left my card and the. pictures of the parking L that W. Sawa discuss this "mitigation statement" with Mr. Herman contact me regarding the problem. Mr. Herman never called and I messages, both telephone and at his oifice, but none were ever refi .unw I talked to Tina Hartung, Director of'Buildirnu and Safety, ra problem created at the restautartt in the 2 to 4 am period when the swept and the trash picked up. the sweegimg and trash pick ups os times but Mr. Hartung or his staff always responded within hours ; 7777101 P.0? e lighting problem with yor Pena. stein regarding the Us letter or any &Ouse lightim -ed that the City loo were built on lot 29 in ing our ct my cation mernt. I told her that I and under lighting was A was to spilt over on rvetopment Director. t lighting and rcquesiteed and to have him ,ft a number of ned. This is interesting rrding the noise Grkung lot was being =cd a number of td indicated a sincere concern to correct the problem. Hartung indicated that the b0z wire not in his area and that I would have to contact Plcrman with this problem. Mayor Pena states that the Platmmng and Dcveioptnent staff have responded to catrtpWnts fim Indian Welt's residents. and have worked duvrdy with thv PLuming staff of Indian Wells in an attempt to resolve this issue. ',Nviv question is what resident's did they contact and every time I asked Brenda if she had heard an}lhing her an! C� no and that she didn't expect to hear mwthing further_ l don't believe Indian Wells� as no in the matter but if they were I would like to have been kept informed of ltJh. fact. Nfla's statement to "please refer any farther complaints to our Plant* Lhrector, Jerry Hcnt =L directly" makes it sound lace no one has tried_ Herman and the MaNior both have a CYA operation going fa blast, Indian Wells does a lousy job of responding to resident's complaint. Sit= it has been over two Reeks since this letter was received 1 don't expect to get a copy of Fena's letter or any answer from the city to my letter. i still don't think that the lit is in romance based on the EIR but what do you suggest that I do`' Sin" -reiv Duncan Welch 78-615 Vista del Fuente Indian Wells. CA 92210 T(lTdl P r w 1',,; L -rte wait 4 78-495 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 - (619) 777 -7100 FAX (619) 777 -7101 OFFICE OF THE MAYOR JOHN J. PENA August 9, 1993 The Honorable William Arenstein, Mayor City of Indian Wells 44 -950 Eldorado Drive Indian Wells, CA 92210 -7497 Dear Bill: AUG 9 1 9993 i y (1, ,.a (,11111 is� I sincerely understand your desire to respond to public complaints and will do all that I can to assist you with the matter of the Cliffhouse Restaurant lighting. As you're aware Bill, the City of La Quintals Planning & Development staff have responded to complaints from Indian Well's residents, and have worked directly with the Planning staff of Indian Wells in an attempt to resolve this issue. After extensive correspondence with the Cliffhouse and a number of on -site inspections,, the lighting has been determined to be in compliance. The Cliffhouse Restaurant has been extremely cooperative in working with us in an attempt to alleviate citizen complaints; however, the Cliffhouse must also take into consideration how some of these sacrifices will affect their business. Again Bill, I do understand your position in this matter. If you would like, please refer any future .complaints to our Planning Director, Jerry Herman, directly. Hopefully, with a one -on -one response, the particular person complaining will better understand the situation. S' ely, John J. Pena Mayor JJP:kb cc: City Manager J Herman MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 to w 1 5 ' May 26, 1993 Jerry Herman Planning and Development Director City of La Qu i nta 78 ---105 Calle Estado La Ouinta, CA 92253 Dear Jerry: SANDY SAXTEN Chairman of the Board ROB THIBAUT President 01 r �X JUN Pl.�.id�dir�� �+1w`r`•��l;'[ �ac;'d� -,.. i Sorry to mace you write a letter regarding the White Fountain Grass:— Our eradication program is about 50% complete. We have cleared the front areas back to the storm drainage ditch. I would guess our program would be 90% complete by the end of June. subject to any new seedlings which we will have to keep an eye eri in 1993 and 1994. If near the C1iffhouse, our General Manager Paul Spociner or Manager Richard Boudreau could show you what we are doing. We are trying to be cooperative. SS /pas cc,: -La Ouinta Cliffhouse Best Regards. Sandy Saxten T S ENTERPRISES, INC. 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 9 (619) 942 -1300 4 v -= H E C I T Y tot 0 JL La �!uinta 1982 - 111I a May 18, 1993 Mr. Sandy Saxten TS Restaurants 225 Plaza Street, Suite 300 Solano Beach, CA 92075 SUBJECT: WHITE FOUNTAIN GRASS AT CLIFFHOUSE RESTAURANT Dear Mr. Saxton: In your letter to our Department, dated December 21, 1992, you indicated that you would update us in January regarding the removal of the White Fountain Grass which is planted within the parking area of your restaurant. Since January has past and we have not heard from you, we felt it necessary to contact you regarding this matter. Katie Barrows, Planning Commission. Chairwoman, has recently received further inquiries from Buford Crites, City Councilman for Palm Desert regarding this matter as well as Mayor Pena has also recently requested an update on this matter. As was indicated to you in letters sent to you during October, November, and December, 1992, the Whitewater Fountain Grass is an agriculture pest which we do not allow to be planted. Although you indicate you have not purposely planted this grass, it is your responsibility to remove it since it was not a part of the approved landscaping plans. An on -site inspection shows that it is spreading within the parking lot area along the western boundary and will undoubtedly spread beyond these boundaries. Please take steps to have this White Fountain Grass removed within 30 days and notify us of when this has occurred so that a field inspection can be made. Your immediate attention to this matter is appreciated. LTRSS.356 City of La Quinta -' Post Office Box 1504 • 78 -105 Calle Estado La Quinta, California 92253 Phone (619) 564 -2246, Fax (619) 564 -5617 Design & Production. Mark Palmer Design, 6:9 346 01-72 • i Should you have any comments regarding this matter, please feel free to contact myself or Stan Sawa in this office. Very truly yours, ERRY RMAN Planning & Development Director 4i JH:SBS:bja cc: Mayor John Pena Chairwoman Katie Barrows Mr. Buford Crites, Councilman, City of Palm Desert Dr. Doctor Allan Muth, The Boyd Deep Canyon Desert Research Center Stan Sawa, Principal Planner LTRSS.356 J • _5 Stan Sawa Principal Planner City of La Quinta P.O. env i r" La Quinta, CA 92253 Dear Stan: ROB THIBAUT President SANDY SAXTEN Chairman of the Board December- 21, 190? Regarding my letter to you dated November ?0, 1992: 1 . The three decorative 1 i ght fixtures in the C1 ; ffhc:u ,c- tL 1 of have 75 watt bulbs (,• :! i r ed by my manager fi 17th) which I believe lMCiie ; C7 ^C){'. C)8 a V 1 G``! a'; ion of lighting ordin- i.nce. 2. O.!r landscape contractor has verified �;I-i �i, r -ic crac i:.is� White Fountain Grass have asked h i m •Lo quotN the roost of an eradication program. i :wi 11 update you on this in Ja guar -y . Best Regards. Sandy S xten SS /pas cc: Dave Keegan - General Manager La Quinta Cliffhouse T S RESTAURANTS OF HAWAII AND CALIFORNIA 225 Plaza Street, Suite 300, Solana Beach, California 92075 (619) 942 -1442 Fax (619) 792 -9651 Cardiff • Del Mar • S.D. South Bay • Lake Tahoe • La Quinta • Lahaina • Kapalua • Kaanapoli • Poipu Beach • Kauai Lagoons • Kalopaki Beach H E C 1 T Y 00 La quitita 4Z 1982 - I99Trn Cant Decade December 17, 1992 Mr. Sandy Saxten p TS Restaurants 225 Plaza Street, Suite 300 Solano Beach, CA 92075 SUBJECT: CLIFFHOUSE RESTAURANT Dear Mr. Saxten: Pursuant to your letter dated November 30, 1992, we offer the following comments: 1. We will expect to receive an update from you in January, regarding the use of White Fountaingrass in your landscaping. Please note that due to wind and other environmental conditions, use of this plant does affect other surrounding properties and is not limited to your site. 2. We will expect to hear from you regarding the decorative pole lights what you intend to do to bring them into compliance with the Dark Sky Ordinance. 3. We will wait until the end of March to see what the parking situation is on your site. At that time, we will determine whether it should be planted or utilized for parking. Thank you for your consideration in resolving these matters. Should you have any questions regarding the above, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bja cc: Jerry Herman, Planning & Development Director I's City of La Quinta Post Office Box 1504 • 78 -105 Calle Estado La Quinta, California 92253 LTRSS.273 Phone (619) 564 -2246, Fax (619) 564 -5617 Design & Production: Mark Palmer Desion. 579 -3 -6 -0772 �S November 30, 1992 Jerry Herman, Planning Director Stan Sawa, Principal Planner City of La Quinta P.O. Box 11,0+ 78 -105 Calle Estado La Quinta, CA 92253 Dear Stan: • ROB THIBAUT President SANDY SAXTEN Chairman of the Board DECO 4 1992,71 11: As we discussed by phone, I would like to resolve the points brought to our attention in your letter of November 16, 1992 as follows: 1. White Fountain Grass C.. ;le never order E.)r intentional Iy P I an t e d t-iz g'ras's. It not illegal; i t i s a ,,ry tc ry to us S i t e t i s -*he re i s so much of it, we assume it put i itc the w i "id'. f lower mix by our contractc_ . b. When we received M---,.,,,or Pena's letter in October we took out about 60 -70% of the grass. We did not take it all out because it was green and growing and looked good. C. Having received your 1 e tt.r ,er ..,!h i ch goes way beyond the October letter, we plan '_iete.r mine ! i th 1100% ;ert,,i my that all of our nr•a.:,s is t-ie invasive Whit-e FoLrntain. If so, we will work to replace this grass over time with an alternative ground co,i-er. Whether this will be in 90 days or over the next year I can only let you know after we look at the economic impact. of this change and experiment with alternative groulid cover to be sure they .will grow in these areas. T will be happy to give you an update in January. 2. Decorative Pole Lights a. °T-here are three of architectural effec�... lot ."I.ighti -ig scheme. in a '150 watt bulb c reuuirement.s. possible., these which were put in for They were riot )ai-t of the parking I ,,: u l d 1 i ke to see if we can put r- less.: and thereby meet the code get back to you on this as soon as T S RESTAURANTS OF HAWAII AND CALIFORNIA 225 Plaza Street, Suite 300, Solana Beach, California 92075 (619) 942 -1442 Fax (619) 792 -9651 Cardiff • Del Mar • S.D. South Bay • Lake Tahoe • La Quinta • Lahaina • Kapalua • Kaonapali • Poipu Beach • Kauai Lagoons • Kalapaki Beach • s 1 5 K Jerry Herman Stan Sawa November 30, 1992 Page Two 3. Back of'the Property 10 a. This area which is presently zoned for future office building has occasionally been used as an employee parking area. I would like to hold off planting this area until March and see how our parking works out this busy winter season. Could we delay this planting until then? So far the dust from this small area has not been a problem. Thank you for your consideration in these three matters. As a new, small business and an avid supporter of the City of La Quinta, we ask for patience while we pursue alternatives. Best Regards. Sandy Saxten SS /pas cc: Michael Hundhausen, General Manager Dave Keegan, Manager Dave McFarland K so i H E C I T Y 0' r Fitt v AL La uinta 1112 - 1112 Carat Decade November 16 1992 Mr. Sandy Saxton TS Restaurants 225 Plaza Street, Suite 300 Salano Beach, CA 92075:_ SUBJECT: PLOT PLAN 89 -417, AMENDMENT #1 (CLIFFHOUSE RESTAURANT) Dear Mr. Saxton: As I am sure your manager, Mr. David Keegan, has informed you, the Mayor of the City of La Quinta has requested that you remove and replace the White Fountain Grass , "Pennisetum Setaceum" that you have planted at your restaurant. City Councilman Buford Crites from the City of Palm Desert, noticed that this grass, which is a prime horticultural pest due to its reseeding and invasiveness, has been planted at your restaurant. Additionally, we received a letter from Mr. Allan Muth, Ph.D., who is the director of the Boyd Deep Canyon Desert Research Center in Palm Desert. Dr. Muth also noticed that this plant had been planted and �. requested that it be replaced with an alternate. .a It should be noted that your approved landscape plan did not include this plant. Therefore, you have illegally planted it. Please remove this plant and should you-wish to submit an alternative, as suggested by Dr. Muth in his attached letter, please inform us of what plant you will use. 4 The letters from Dr. Muth and Councilman Buford Crites along with the letter of the Mayor is attached for your review. 8 There are also two outstanding items from this Department which you have not corrected. The first is that of finishing the planting at the back of the property which has been graded. The second item deals with the unapproved lights that you have installed adjacent to the driveway. These pole lights are not properly shielded downward and must be removed. LTRSS.262 City of La Quinta Post Office Box 1504 * 78 -105 Calle Estado La Quinta, California 92253 Phone (619) 564 -2246, Fax (619) 564 -5617 Desgn 8 Proouction: Mark Palmer Desgn. 619 - 34607 7e • 1 M 4 0 - 13 We will expect these items to be corrected -no later than' January 1, 1993. Thank you for your cooperation. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bja Enclosures cc: Mr. David Keegan LTRSS.262 I 1 f i (Mv oq ROM M 0 0 0 n 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 -2578 OFFICE OF TELEPHONE (619) 346-0611 THE MAYOR j October 8, 1992 The Honorable John Pena Mayor of the City of La Auinta Post Office Box 1504 La Auinta, California 92253 Dear John: I need your help. FAX (619) 340-0574 OCT 141992 CITY OF LA QUINTA CITY MANAGER'S DEPT. I Yesterday I dined at the Cliff House for the first time and while enjoying the scenery and a glass of wine I noticed that prominent in the landscaping area is fountain grass (Pennisetum Setaceum ), which is one of the prime horticulture pest plants in Southern California. In way of a note, the California Natural Plant Society ranks it along with Tamarix as the two most biologically invasive plants in the California desert. A quick stroll through the canyontin La 9uinta or rest of the Valley will show how quickly this plant can spread and its use is discouraged whenever possible. As a replacement, there is a sterile form which works nicely. I would hope you could work with the folks at the Cliff House for removal of this'noxious weed and join with the City of Palm Desert in working towards its removal locally. Sincerely, o C BUFORD,X. CRITES COUNCI -tMAH BAC:phs �� • f 4+a` H E C I T Y La Qq anta 1982 - 19 Carat Decade October 14, 1992 Mr. David Keegan, Manager The Cliff House Restaurant 78 -250 Highway 111 La Quinta, CA 92253 Dear Mr. Keegan: 0 OFFICE OF THE MAYOR John J. Pena I'm attaching a copy of a letter I received from Councilman Buford Crites of Palm Desert. I have written Mr. Crites that I would forward a copy of his letter to you, and that I was sure you weren't aware of the adverse affects fountain grass can cause. (Personally, I wasn't' aware of it myself!) I realize a replacement would be costly and inconvenient, but perhaps you could bring this to the attention of the owners, with regard to any future developments in the desert. Mr. Keegan, thank you for your understanding regarding this matter. I look forward to hopefully meeting you, my next visit to the Cliff House. S erely, John J. Pena Mayor JJP:kb City of La Quinta Post Office Box 1504 ♦ 78 -105 Calle Estado La Quinta, California 92253 Phone (619) 564 -2246, Fax (619) 564 -5617 D*W 6 Nod --W. U" PO w D..ron. 619.748 -0777 1.1 4 r. 4 Elq H E C I T Y Lauinta Q ,,,, • 1992 Ten Carat Decade October 14, 1992 Mr. Buford A. Crites,'Councilman City of Palm Desert 73 -510 Fred Waring Drive Palm Desert, California 92260 -2578 Dear Buford: 0 F is OFFICE OF THE MAYOR John j. Peha I'm writing in response to your letter regarding the fountain grass located in the landscaped area of the Cliff House Restaurant. I will contact the Manager of the Cliff House, Mr. David Keegan, with the information you have provided. I'm sure Mr. Keegan is not aware of the adverse affects of this grass. I have also brought this situation to the attention of my Planning Director, with the intent of forming a plan to discourage /eliminate the use of this type of plant in future landscaping developments. Buford, thank you for your letter and educating us to this fact. i rely, John J. Pel?ia Mayor JJP:kb City of La Quinta Post Office Box 1504 0 78 -105 Calle Estado La Quinta, California 92253 Phone (619) 564 -2246, Fax (619) 564 -5617 D.Syn 6 PIWO Cw Ma- Pa[rtW Des r. 619.3.6.0772 ti. l • UNIVERSITY OF CALIF&A, RIVERSIDE BERKELEY • DAVIS • IRN'INE • LOSANGELES • RIVERSIDE • SANDIEGO • SANFRANCISCO Mayor John Pena City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mayor Pena, SANTA BARBARA • SANTA CRUZ MR Boyd Deep Canyon Desert Research Center P.O. Boa 1738 Palm Desert. Callrornls 92261.1738 NOV 0 9 r •� Telephone: 16191 41.45 5 Q, November 3, 1992 As I was passing the Cliffhouse Restaurant a few weeks ago I noted that the landscaping contained white fountain grass, Pennisetum setaceum. This species is an attractive ornamen- tal, but it is also a notoriously invasive exotic that has had a serious impact in some of the local canyons including some in our research area. The La Quinta Manual on Landscape Standards includes R. setaceum as a recommended planting, but also notes that it reseeds and can be invasive. There are alternative grasses that serve the same landscape function and could be substi- tuted for white fountain grass. Purple fountain grass, E. s. cupreum, does not reseed or become invasive. Deer grass, Muhlenbergia rigens, is another substitute, and it is also a native bunchgrass. I recommend that the City join with other cities of the valley and remove white fountain grass from its list of acceptable landscape plantings. Thank you for your consideration of this matter. Sincerely, Az�� Allan Muth, Ph.D. Director c: Jerry Herman, Planning Director Katie Barrows, Planning Commissioner UNIVERSITY OF CALIF04NNIA, RIVERSIDE BERKELEY • DAVIS • IRVINE • LOS ANGELES • RIVERSIDE • SAN DIEGO • SAN FRANCISCO Mayor John Pdna City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mayor Pena, C] Boyd Deep Canyon P.O. Box 1738 Palm Desert, Califor Telephone: (619) 341 SANTA BARBARA SANTACRUZ leach Center i 1738NOV 0 9 t {7 November 3, 1992 As I was passing the Cliffhouse Restaurant a few weeks ago I noted that the landscaping contained white fountain grass, Pennisetum setaceum. This species is an attractive ornamen- tal, but it is also a notoriously invasive exotic that has had a serious impact in some of the local canyons including some in our research area. The La Quinta Manual on Landscape Standards includes P. setaceum as a recommended planting, but also notes that it reseeds and can be invasive. There are alternative grasses that serve the same landscape function and could be substi- tuted for white fountain grass. Purple fountain grass, P. s. cupreum, does not reseed or become invasive. Deer grass, Muhlenbergia riaens, is another substitute, and it is also a native bunchgrass. I recommend that the City join with other cities of the valley and remove white fountain grass from its list of acceptable landscape plantings. Thank you for your consideration of this matter. Sincerely, AM41� Allan Muth, Ph.D. Director c: Jerry Herman, Planning Director Katie Barrows, Planning Commissioner , t k 0 H E October 14, 1992 Mr. David Keegan, Manager The Cliff House Restaurant 78 -250 Highway 111 La Quinta, CA 92253 Dear Mr. Keegan: C I T Y 0 is ♦ 3♦ OFFICE OF THE MAYOR John J. Pena La Quintac 1982 - ,Quint Carat Decade I'm attaching a copy of a letter I received from Councilman Buford Crites of Palm Desert. I have written Mr. Crites that I would forward a copy of his letter to you, and that I was sure you weren't aware of the adverse affects fountain grass can cause. (Personally, I wasn't' aware of it myself!) I realize a replacement would be costly and inconvenient, but perhaps you could bring this to the attention of the owners, with regard to any future developments in the desert. Mr. Keegan, thank you for your understanding regarding this matter. I look forward to hopefully meeting you, my next visit to'the Cliff House. S' lAw ere1y, John J. Pena Mayor JJP:kb City of La Quinta Post Office Box 1504 • 78 -105 Calle Estado La Quinta, California 92253 Phone (619) 564 -2246, Fax (619) 564 -5617 Design & Production: Mark Palmer Design, 619346.0772 0 f � J w s s OFFICE OF THE MAYOR c b I ii!f' UNT oV pPI;0n� o o a n 73 -510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 -2578 TELEPHONE (619) 346 -0611 FAX (619) 340 -0574 October 8, 1992 U OCT 1 4. 1992 CITY OF LA pUINTA CITY MANAGER'S DEPT. The Honorable John Pena Mayor of the City of La 9uinta Post Office Box 1504 La 9uinta, California 9.2253 Dear John: ..I . need your help. Yesterday I dined at the Cliff House for the first time and while enjoying the scenery and a glass of wine I noticed that prominent in the landscaping area is fountain grass (Pennisetum Setaceum), which is one of the prime horticulture pest plants in Southern California. In way of a note, the California Natural Plant Society ranks it along with Tamarix as. the two most biologically invasive plants in the California desert. A quick stroll through the canyonsin La euinta or rest of the Valley will show how quickly this plant can spread and its use is discouraged whenever possible. As a replacement, there is a sterile form which works nicely. I would hope you could work with the folks at the Cliff House for removal of this noxious weed and join with the City of Palm Desert in working towards its removal locally. Sincerely,. BUFOR / CRITES J, COUNC�.MAN BAC : phs ., �- 1 Y / (� r r. . f 1 H E C I T Y Z ' La 0uinta 1982 - 1992 Ten Carat Decade October 14, 1992 Mr. Buford A. Crites, Councilman City of Palm Desert 73 -510 Fred Waring Drive Palm Desert, California 92260 -2578 Dear Buford: 0 OFFICE OF THE MAYOR John J. Pena I'm writing in response to your letter regarding the fountain grass located in the landscaped area of the Cliff House Restaurant. I will contact the Manager of the Cliff House, Mr. David Keegan, with the information you have provided. I'm sure Mr. Keegan is not aware of the adverse affects of this grass. I have also brought this situation to the attention of my Planning Director, with the intent of forming a plan to discourage /eliminate the use of this type of plant in future landscaping developments. Buford, thank you for your letter and educating us to this fact. in rely, John J. Pena Mayor JJP:kb City of La Quinta Post Office Box 1504 ♦ 78 -105 Calle Estado La Quinta, California 92253 Phone (619) 564 -2246, Fax (619) 564 -5617 Design 6 Production: Mara Palme, Design, 619340 0772 � M T HE C I T Y OF LSLS V 1 `�/ 1 V l 1\LS v April 8, 1992 CALIFORNIA D e Stan Sawa APR R 9 1992 City of La Quinta P.O. Box 1504 CITY OP to DDIfd7A PIAMNI NG DAg-NT La Quints, CA 92253 ,�.<�.: EPAI�r__.. 44 -950 RE: Cliff House Restaurant - Lighting Eldorado Drive Indian Wells CA 92210 -7497 Tel: 619/346-2489 Dear Mr. Sawa: Fax: 619/346 -0407 Per our phone conversation last week, I advised you of the complaints Indian Wells is receiving regarding the nighttime lighting of the Cliff House restaurant. Homeowners in the vicinity of the restaurant are upset over the intensity of the lighting and the hours in which the lights remain on. It is my understanding that a Negative Declaration was adopted for the restaurant project and mitigation measure(s) were provided to reduce the affect of night time lighting /glare on adjacent land uses. would appreciate your reviewing this matter and advising me of the status. Sincerely, Brenda Scarcella Deputy Community Development Director w do KWL ASSOCIATES, INC. PLANNING • ENGINEERING • SURVEYS 712 EUGENE RD. PALM SPRINGS, CALIFORNIA 92264 (619) 327 -7786 Mr. Sandy Saxten TS Restaurants 2526 South Highway 111 Cardiff by the Sea, CA 92007 Reference: The Cliffs Restaurant La Quinta, California Dear Mr. Saxten: �m March 18, 1992 RI _' ['MAR L3O'1992 o D w I ► ur LA UUINTA PLANNING DEPARTMENT As you requested, we have visually inspected the channel slope lining at the above referenced site. It is our opinion that JHT Construction Company has sub- stantially completed the work in accordance with the "AS BUILT" plans on file with the Coachella Valley Water Dis- trict. If there is anything further you may need, please call us. Very truly yours, KWL ASSOCIATES, INC. John A. Alfor RCE 8638, JAA : m c^ ' ` w E <n.1'_' 1-`2y C F�14 y 6 >% .5 March 2, 1992 Stan Sawa C!ty of La Quinta 7 -105 Calle Estado La Qunta, CA 92253 Dear Stan: J ROB THIBAUT President SANDY SAXTEN Chairman of the Board Sorry not to have responded sooner to your letter but several it-ens regarding construction have needed attention prior to ,t;y gettiIg to you even a preliminary ai -iswer set out below: 1. The back portion of the northern end needs more grading. I have -Finally negotiated this work with our subcointractor J.H.T. When the grades are final we will proceed wit - -,h landscaping. 2. The valet service allows patrons to self park immediately to the left of the entry. See enclosed exhibit. 3. See Application attached. 4. The contractor and 1' have: s-41 g1h ted the wa.terfall, -" "m our r oc:� and have verified the waterfall he ght to be under 135 S. The gectechnical report is einc1o_.ed. 6. a. A wi I df l ower mi x ha-,3 been p'l anted on the berm on the west and south sides. Th3 norther ,_side is waiting for final grading. See #1. b. Needs to be done. C'. Compinted. d. Because of steep a,: zd so', id rock we would 1 i k- ar: exemption, can this w:Qrk. e. Needs to be done. As with b. and a: -ovc T vii i 1 discuss with Land -:. �,Ce Contractor, Pacific Outdoors. See comments below #S. 7. Complete. T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 FAX (619) 792 -9651 Cardiff • Del Mar • S.D. South Bay • Lake Tahoe • Lahaina • Kapalua • Kaanapali • Poipu Beach • Kauai Lagoons • Kalapaki Beach 4P .5 March 2, 1992 Stan Sawa Page Two A �J 8. Believe it or not, Pacific Outdoor is still struggling with this permit. There are no problems just bureaucratic red tape. Permit is due "any day ". When obtained we will do the work. Thank you for your patience. We are working on these things. Best Regards. Sandy Saxten SS /pas cc: Tom Hartung Pacific Outdoors Attachments Go. tp 4 MEMORANDUM TO: TOM HARTUNG, BUILDING AND SAFETY DIRECTOR FROM: STAN SAWA, PRINCIPAL PLANNER Gj DATE: JANUARY 29, 1992 SUBJECT; CLIFFHOUSE RESTAURANT PUNCH LIST (PP 89 -417) The Planning and Development Department has inspected the property on January 24, 1992, and found that a number of corrections must be made or items submitted, prior to permanent occupancy being granted. These corrections are as follows: 1. Northern end of property that has been graded must be planted with wildflowers or other landscaping to minimize blowing dust and sand and provided with an irrigation system (Condition #7 of Design Review Board approval on September 4, 1991) . 2. Provide plans showing where minimum 25% of parking spaces are provided for self parking. ( Condition #8 of Plot Plan approval on May 8 f 1990. ) 3. Obtain building permit for freestanding business identification sign adjacent to Highway 111, if not already obtained. 4. Provide verification that the waterfall has been built as stipulated in a letter from Sandy Saxton dated May 6, 1991, which states the waterfall shall start at approximately 140 -145 in elevation above sea level. 5. As noted in our letter to Sandy Saxton dated April 12, 1991, regarding the geotechnical report, Staff will need verification that the six recommendations of the report have been completed. 6. The following landscaping corrections must be made: a. Plant desert wildflower mix along west and northern property line as shown on plans. b. Plant shrubs in parking lot planter ends as shown on plan. C. Provide stabilization of slope on north end of restaurant adjacent to stairway. MEMOSS.065 d. Plant creosote bushes (9) at northern end of restaurant as shown on landscaping plans. e. Provide Bougainvillea "Rosenka" on east side of driveway as shown on landscaping plans. f. Provide pink Verbena in landscape planter area on west side of driveway adjacent to Highway 111 as shown on landscaping plan. g. Provide gravel or other approved planting material adjacent to Highway 111 in unplanted areas for ground cover and dust control. 7. Clean up lot debris, especially at north erid of restaurant. 8. Eliminate parking in front of landscaping adjacent to Highway 111. This area was not approved for parking and is required to be landscaped. These changes must be complied with. Once they are completed, Staff will reinspect the site for compliance. MEMOSS.065 � s T,dy " 78 -105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 FAX (619) 564 -5617 September 27, 1991 Mr. Sandy Saxten TS Restaurants 225 Plaza Street, #300 Solano Beach, CA 92075 SUBJECT: LANDSCAPING PLAN FOR PLOT PLAN 89 -417, AMENDMENT #1 Dear Mr. Saxten : This is to inform you that the Design Review Board at their meeting of September 4, 1991, reviewed and approved your landscaping plan for your restaurant on Highway 111, subject to conditions. Attached page are the conditions or stipulations for approval of the landscaping plans. Should you have any comments regarding this matter, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR � � -&- e:-E-: �- . - STAN B. SAWA Principal Planner SBS:bja cc: Karen Shaw, Landscaping Architect LTRSS.088 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 1 t • Fmo' (g OmMQmim Landscape Co. T R A N S M I T T A L To: Mr. Jerry Herman August 27, 1991 City Engineer City of La Quinta La Quinta, CA 92253 At the request of Bill Parson, 6 additional sets of the Land- scape Plans are being sent to you.with this Transmittal. Please call 346 -2112 if you have questions. Thank you. Waz64 a4lvd 4 41550 Eclectic Street o Suite 120 o Palm Desert California 92260 0 619/346 -2112 o FAX /341 -5804 l Buena Engineers, Inc. AN EARTH &V671MC INQ COUPAHY 79.811 B COUNTRY CLUB DRIVE • BERMUDA DUNES, CALIFORNIA 92201 - PHONE (619) 345.1588 • FAX (619) 345 -73i5 June 26, 1991 T. S Enterprises, Inc. 2526 South Highway 101 Cardiff, California 92007 Project: The Cliffs Restaurant La Quinta, California Subject:. Rockfall Hazard Mitigation B7- 1792 -P2 91.06-747 Reference: Geotechnical Engineering Report, By Buena Engineers, Inc. Report No. 89 -11 -799, Dated 11 -29 -89 This report presents findings of intermittent Inspection of rock removal from slopes, performed for the above mentioned project. The purpose of our inspection was to evaluate the removal of loose rock from slopes on the eastern side of the above referenced project. The loose rock had the potential of impacting the future site development. Included in this letter are our professional opinions concerning the loose rock removal program and the potential for future down slope rock movement impacting the project. The subject property is located north of Highway 111 in the City of La Quinta, California. The subject property is located at the base. of a ridge on the northern margin of the Santa Rosa Mountains. Lithologic units observed in cut slopes on site consist of Mesozoic granitic rocks, and Holocene colluvium. These units are described below: lAesozQic g anitics (gr) Orange brown to gray brown, blotite rich, coarse grained, ranging in composition from granite to diorite. BERMUDA DUNES BEAUMONT BAKERSFIELD LANCASTER VENTURA .-.-\ A1- .E-f. s —A if "7. -.— —.1 .1. —ft —& AIA_A• � r .. ,1 June 26, 1991 2 B7- 1792 -P2 91 -06 -747 j-io oogne c Ilo uv�um (Hc) Gray -brown loose sandy to pebbly colluvium. Found in drainage areas. • ' . The following observations of the rock slopes were made during our site inspections: 1. No evidence of past landsliding was observed at the site nor are any known landslides mapped in or around the project site. Rock slopes exhibit some surficial raveling, but no evidence of deep seated failure was observed. 2. The existing slopes range in height from approximately One hundred (100) to one hundred twenty (120) feet in height. 3. Jointing was observed in the rock slopes, with most joints dipping vertically to 60 degrees back into the rock slope. Rock materials appear to be slightly to moderately weathered and are classified as hard to very hard. 4. Weathered joint patterns have left some boulders exposed and subject to toppling. In some areas loose debri has collected in shallow drainage channels. 5. No evidence of slumping, flows, or lateral spreading were observed in or around the project site. 6. No active.seeps or springs were observed on site. Future down slope movement of loose rock material has been substantually mitigated by the removal of loose rock materials and the constructioln of water features on the rock slopes, 1. Loose rock material and rocks subject to toppling were removed by hand work. The rock removal was done by the contractors representative and Intermittently observed by a representative of this firm. 2. Construction of water features, such as water falls , has added to the stability of rock outcrops too large to remove. The water feature construction consists of dowelling rebar into the rock slopes and placing shotcrete to form the desired feature. Not only does the shotcrete add to the stability of the rock outcrops but it also provides a collection area to catch loose rocks before they can come in contact with the building. BUENA ENGINEERS, INC. • I June 26, 1991 3 B7- 1792 -P2 91 -06 -747 CONCLUSIONS AND RECOMMENDA11ONS The following is a summary of our conclusions and professional opinions based on the data obtained from the site observations. 1. No evidence of deep seated slope failure was observed in or around the subject property. The .bedrock composition and orientation of jointing planes are not considered conducive to rock slope failure. Therefore, it is our opinion that the potential for landsliding of the existing rock slopes is considered low. 2. The potential for down slope movement of rock has been greatly reduced by the removal of loose rocks and the construction of water features. ;. 3. . Allthough the potential for rock impacting the building has been greatly reduced there is still a chance that rock or debri may come close to the building. However, future landscaping plans should help in further mitagating failing rock hazards. 4. Areas directly adjacent to the rock slopes should be kept clear of any loose material that may accumulate in these areas.. 5. It is recommendect that the rock slopes stability be reviewed on a yearly basis by a qualified firm. The. observations and recommendations contained in this report are based soley on visual observations made during or site inspectons. Only the possibility of down slope movement of rock and slope stability was evaluated at this time. No other warranty of the building, either gologic or engineering is made or implied. The recommendations make reference to present conditions. As site conditions change, continous observation and inspection is necessay to asses the viability of future rock movement threats to the buildding. If there are any questions concerning this letter, please contact the undersigned. Respectfully submitted, BUENA ENGINEERS, INC. 4Layne Richins Staff Geologist LR /JRV/rlr H D /LTRS Copies: 4 - T. S. Restaurants 1 - VTA File "n r! i - Reviewed and Approved, R. Paul . Mooney CEG 1 227 2 - Pacific Building Industries, • I a ti May 6, 1991 Fred Bouma Department of Public Works 78 -105 Calle Estado La Quinta, CA 92253 Dear Fred: • ROB THIBAUT President SANDY SAXTEN Chairman of the Board MAY 1014Q? i�G 6 OF lA VUIN -rA '�- ANNINIG & DEVELOP41FIUT npj. Please find enclosed two letters from the Planning Department.. The May, 1991 Letter indicates, as we had discussed, that the bike path is no longer a requirement and therefore will not require bonding. The January 24, 1991 Letter indicates that the City of La Quinta has "no control over the timing of the street improvements ". Could this be interpreted as a waiver by the City to forego bonding of these improvements as the City is not requiring them within Cal Trans jurisdiction of Highway 111? It does seem illogical to bond the City for work they will not be requiring. Lastly, has B.S.I. completed their estimate of bond amounts and are we ready to sign the agreement you prepared. Will call to discuss all of the above. Best Regards. andy Saxten SS /pas cc: Jerry Hermahl Tom Hartung Attachments T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942.1300 FAX (619) 7929851 Del Mar • S.D. South Bay • Lake Tahoe • Lahaina • Kaoalua • Kaananali • Poinu Bear.h . Kauai LaQnnnc . Kal, ti ti 4P r%IJ T4ht 0amt 78 -105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 FAX (619) 564 -5617 May 1, 1991 Mr. Sandy Saxton T S Restaurants 2526 South Highway 101 Cardiff by the Sea, CA 92007 SUBJECT: PLOT PLAN 89 -047, AMENDMENT #1 Dear Mr. Saxton: This is to inform you that Condition #17 of your approval which pertains to the construction of a bike path along the Whitewater Storm Channel, at this time is being ,deferred by Staff. In all probability the bikeway will not run along your side of the Whitewater Channel in this area due to the terrain along your property and Indian Wells plan to run the regional bikeway along Highway 111. The sidewalk you install along Highway 111 may have to act as a sidewalk and bikeway. Should you have any questions regarding the above, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bja cc: Engineering LTRSS.067 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 ti ti 4P - T4hf 4 78 -105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 January 24, 1991 Mr. Sandy Saxton TS Restaurants 2526 S. Highway 101 Cardiff by the Sea, CA 92007 SUBJECT: PLOT PLAN 89 -047, AMENDMENT #1 Dear Mr. Saxton: Pursuant to your request, this is to inform you that regarding Condition #16 (see attached conditions) pertaining to Highway. 111 street improvements, the City has no control over when those improvements are to be installed. Caltrans has jurisdiction since Highway 111 is a state highway and should be contacted. Condition #17, pertaining to the bike path along the Whitewater Storm. Channel, will in all probability not be required initially since the exact route has yet to be determined. A bond may be required for this future construction. Condition #25 requires a meandering sidewalk along Highway 111. This construction will be required by the City at the time Caltrans requires the street improvements. If not initially installed, a bond will need to be filed.with the City. Should you have any questions; please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR A ` Stan B. Sawa Principal Planner SBS:ccs Attachments cc: Steve Speer; Engineering Department MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 LTRSS.065 /CS ti ti 1 5 � May 6, 1991 Stan Sawa Principal Planner � i Ly of La 4u i nta i8 -105 Calle Estado La Quinta, CA 92253 Dear Stan: ROB THIBAUT President SANDY SAXTEN Chairman of the Board REW' 616 MAY 1019A1 (;jj Y Ut LA vuiMTA °TANNING & DEVEMPMENT DEPl- This week I am signing a contract with the Larson Company of Tucson, Arizona to build the waterfalls and pools at the restaurant. Larson did the Vintage Golf Club rock work which is excellent. Our - contract is based on the waterfall layou .set out in the plan presently submitted tc the Building Department.. these plans show the waterfa! is s1:a.rting at approximately 140 to 145. feet. in, elevation above sea 'level , about 35 feet abcve the back patios. The ponds are at 95 M=eet and 105 feet. Only the very trop few feet of the waterfall shOL11d be visible from the parking lot or Highway i11 over the building roof which is about 127 feet. Our first plan submitted in July 1989 showed the waterfall top at 175 feet. In September 1989 the City required that the waterfall be lowered to approximately 145 feet. The May 1990 amended plan showed the waterfall top at 160 feet. We feel the present top at 145• feet has met the spirit of the elevation requirements of !37 19al ( dit-i r No 20 of O1 n g Comm in�i �c,- c �r . !]'!•_ c•:' � .. C%.+� �... .. • ..+� .�- . G :ten � � .;ta�„m .... _ � :ri f s. 7 � i of Plot Plan 89 -417). Please review this issue on our behalf. Best Regards n y Sux± Vin. SS /pas" cc: Jerry Herman.., Tom Hartung Doug Sault, William Zimstowski Associates T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 FAX (619) 792 -9651 Cardiff • Del Mar • S.D. South Bay • Lake Tahoe • Lahaina • Kapalua • Kaanapali • Poipu Beach • Kauai Lagoons • Kalapaki Beach 0 % T41 4(4,4 Q9 WA 8 6 0 ' 0 78 -105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 FAX (619) 564 -5617 May 1, 1991 Mr. Sandy Saxton T S Restaurants 2526 South Highway 101 Cardiff by the Sea, CA 92007 SUBJECT: PLOT PLAN 89 -047, AMENDMENT #1 Dear Mr. Saxton: This is -to inform you that Condition #17 of your approval which pertains to the construction of a bike path along the Whitewater Storm Channel, at this time is being deferred by Staff. In all probability the bikeway will not run along your side of the Whitewater Channel in this area due to the terrain along your property and Indian Wells plan to run the regional bikeway along Highway 111. The sidewalk you install along Highway 111 may have to act as a sidewalk and bikeway. Should you have any questions regarding the above, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR d5rtv� ;; K STAN B. SAWA Principal Planner SB S : bja cc: Engineering LTRSS.067 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 s � April 17, 1991 Jim Zimmerman Technical Services Supervisor Coachella Water District P.O. Box 1059 Coachella, CA 92236 ROB THIBAUT President SANDY SAXTEN Chairman of the Board APR 2 '� i9gi CM Ut LM VUINTA PLANNING & DEVELOPMENT DEPT. RE: Water and Sewer Services Availability' Parcel-Map No. 22596 Parcel 3 Book 160 pages 87 and 88 Riverside County Parcel No. 020- 043/604- 050 -019 -7 78 -250 Highway 111 (West side of Happy Point) La Quinta, CA 92253 Dear Jim: As we discussed earlier today, would. the Coachella Valley Water District please issue me a Water and Sewer Availability Letter for -the parcel set out above as soon as administratively possible? I need to take 'the letter to the City of La Quinta to assure them we will - have these. sery i ces to'be able to proceed with my grading permit and structural foundations permit. Your cooperation.will be very much appreciated. Pick Rowland, of :Pacific Building Industries (our contractor), will be helping me coordinate this effort. Best Regards. Sandy Saxten SS /pas cc: Jerry Herman, City of La Quintal Attachments (2) T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 FAX (619) 792 -9651 Cardiff • Del Mar • S.D. South Bay • Lake Tahoe • Lahaina • Kaaalua • Kaanaoali • Poiou Beach • Kauai Lagoons • Kali April 17, 1991 M Jerry Herman Planning Department City of La Quinta 78-105 Calle Estado La Quinta, cA 92253 Dear Jerry: 1.15.1987 7 :14 0 P. 2 ROD THIBAUT Preaident BANDY SAXTRN Chelrmen of the Hoard Our company is committed to securing water and sewer hOOIAIp • from the Coachella Valley Water District for OLir restaurant project on Highway 111. We are in that process now. We understand that although you are issuing a foundation permit at this point, that all water and sewer issuer will have tO be resolved before we will be issued our structural building permit. Best Regards. Sandy Saxten SS /pas T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 FAX (619) 792 -9881 April 15, 19131 Stan Sawa Planning Department City of La Ouinta 72 -105 Calle Estado La u i r, ,--i, CA 99-2 53 ROB THIBAUT President SANDY SAXTEN Chairman of the Board APR 18 1991 PLAWNING & DEVELOPMEP?T DEPT. RE. Approval of Coachella. V :11 1 eat Stan: file Y', e submitted plans to the .V.W.D. and. believe wC ,ar in comp-! i ance with t':- at part of cond i t i ors rlo . 14 of P l c,t i' l :are 1do . 3 °- 41 7 , i,merdment #1 , Best Regards. Sandy Saxton cc: Tom Hartung, Building Department William Zimstowski Associates (Architect) Pacific Building Industries (Builder) T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 FAX (619) 792 -9651 Cardiff • Del Mar • S.D. South Bay • Lake Tahoe • Lahaina • Kapalua • Kaanapah • Poipu Beach • Kauai Lagoons • Kalapaki Beach t KWL ASSOCIATES, INC. PLANNING • ENGINEERING • SURVEYS 712 EUGENE RD. PALM SPRINGS, CALIFORNIA 92264 (619) 327 -7786 ApriZ 11, 1991 Mr. Sandy Saxten TS Restaurants of CaZifornia and Hawaii 2526 South Highway 101 Cardiff by the Sea, CA 92007 Reference: The CZiffs - La Quinta, CaZifornia Dear Mr. Saxten: We are writing to update you on the status of the offsite improvement pZans for the above referenced project. All of the offsite.p_Zans have been completed and were sub- mitted to Coachella VaZZey Water District for plan check on February 19, 1991. They were returned to us for corrections, which we have ,just completed. They wiZZ be returned to the District in a few days. We see no major problems in the District's comments and believe they shouZd be approved soon. If you have any questions . or concerns, please caZZ me. Since y, Robert T. Lotito President RTL : m 0 l _ �,�. �. • � '. April 15, 1991 • Stan Sawa Planning Department City of La Quinta 78 -105 Calle Estado La Quinta, CA 92253 RE: Building Height of Restaurant at 7:�- '50 Highway 111 , La Quinta, CIA ('j S t a n t 922531 ROB THIBAUT President SANDY SAXTSN Chairman of the Board RECEVED APR 18 1991 CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. Per our submitted plans ( best re-v i c- wed on Sheet--s A-3 . 1 'AIes.t Elevation) the building's highest roof height is '323'2:," as sealed at Section 3/A4 . 1' . This height is from the lowest ground floor elevation and does not account for the slope of the hill. The height would be considerably less (27 or 28 feet) if measured from the average slope height. The average roof height is probably closer to 30 feet. The stone tower is approximately 42' at it's highest pointed top but averages about 36' overall. We believe we have met the requirements of the heigl-t limitations i n r'u:. .. cc permit, Plot Q1 0. Nc Q9-117, j]me.-dm;>nt 7 Best Regards. Sandy Saxten SS /pas cc: Tom Hartung, Building Department William Zimsto:•:ski Associates (Architect) Pacific Building Indus.:ries iB:.ri ider) T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 FAX (619) 792 -9651 Cardiff • Del Mar • S.D. South Bay • Lake Tahoe • Lshaina • Kapalua • Kaanapali • Poipu Beach • Kauai Lagoons • Kalapaki Beach t, L �J WILLIAM ZMISTOWSKI ASSOCIATES ARCHITECTURE / PLANNING / INTERIOR DESIGN 1909 BROADWAY BOULDER, COLORADO 80302 -5258 303/449 - 4831 303/449 -1345 FAX LETTER OF TRANSMITTAL To: MY JeYY 4eyMa►n Fla rw� i 7awe l or►�'�^ cliN of l lo-hh* Deft 16-105 C ILL 155faJ.o (FO.5oX (504) Date: LO- Qtk*JAtw- 1 CJA' J2253 ri l 1211�t 1 Re: 0 vg5 F25111.. a4Wa---t 5uI_Lb) 049 4N &hT Enclosed Herewith [ J Under Separate Cover [ ] FAX, _ pages to follow FAX reply to 30N449 -1345 If you do not receive the entire fax transmission, please notify us immediately. This Is to transmit the following: APR , gU�NTA OEVELOWNT DEPT. Project No: mwp Via U.S. Mail [ ] Via Federal Express [ J Hand Delivered d�Ihty A3.I aa- A2 3.) Sulldly �leva�`��m1s Remarks: a'tc -) rwa 6 wl lAt 6 f)hs owe.- v\bGZA U— red dr 3 ku� AS-1 F6-r- 10-Vjle f4Wi',eW a,-.Q-- of!pr-6V0J y"etivelvtik a-t rKXetlt Sent by: -D -F ems [ ] For Your Use [ ] As Requested [ ] Review and Comment [ ] File Copies to: "`�'� -( ✓,,,_ At Stia.btc, �i Le, .� �,� �T � � r, ,�, �!5r� 4 ..,� ��. '; "i'a6�.��y ��.r� C�1 �.' s?�• . � � i , z c i � -- ROB THIBAUT President SANDY SAXTEN Chairman of the Board -6VuJ APR 18 1991 CITv OF LA QUINI-A PLANNING & DEVELOPMENT DEPT_ N I am pursuing a Letter of guarantee our improvements #1. ` At present I am- estimating the street side improvements at about .$30,000. and the sewer -water improvements at $130,000. K W L >;' Engineering is working with B.S.I. to develop the enact figures. Could you review this.sample as tv form. I will call to discuss cc: Stan Sawa, City Planner Tom'Hartung, Building Department Attachment T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 FAX (619) 792 -9651 it • n i Mai . 4 n -Q—th P.- . !.i_ ,n k__ . r - v---. - v______I- _ .._ _ - I .. t � i? a r6teMFARGO UK Service• Oivision Cat IIQrr►ie Flair Oriw 9t panne, CA 99735 PATE OF ISSUE: MUCH 91 1990 • . OUR IRREVOCABLE STANDBY CREDIT: DATE OF EXPIRY: MARCH 151 1992 PLACE OF EXPIRY: AT OUR COUNTERS BENEFICIARY: COUNTY OF SAN DIEGO C/O DIRECTOR, DEPT.OF PUBLIC WORKS CONSTRUCTION INSPECTION DIV.5555 OVERLAND AVENUE MAIL STOP 090, SAN DIEGO, CA. 92123 AMOUNT: USD 749,400.00 SEVEN HUNDRED FORTY NINE THOUSAND FOUR HUNDRED AND 001100'S US DOLLARS 02 HEREBY ESTABLISH IN YOUR FAVOUR THIS CREDIT AVAILABLE WITH WELLS FARGO BANK, N.A., EL MONTE, CA BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON WELLS FARGO SANK, N.A., EL MONTE, CA ACCOMPANIED BY: L — BENEFICIARY'S SIGNED CERTIFICATE READING AS FOLLOWS: "THE DIRECTOR. NT OF PUBLIC WORKS OF SAN DIEGO COUNTY HEREBY CERTIFIES _vmT , A CALIFORNIA GENERAL PARTNERSHIP, HAS NOT COMPLIED WITH THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT TO IMPROVE MAJOR SUBDIVISION FOR COUNTY OF SAN DIEGO TRACT NO. ir, MO BENEFICIARY'S SIGNED CERTIFICATE READING AS FOLLOWS: "THE DIRECTOR, DEPAR'T'MENT OF PUBLIC WORKS OF S.AN DIEGO COUNTY HEREBY CERTIFIES 'MT CLAIMS OF LIENS OR SUITS TO ENFORCE CL41MS OF LIENS OF RECORD HAVE SEEN r-ILED TO ENFORCE PAYMENTS TO CONTRACTORS', SUBCONTRACTORS, LABORERS AND MATERIALMEN WHO HAVE FURNISHED LABOR OR MATERIALS TO A CALIFORNIA 'GENERAL PARTNERSHIP, UNDER THAT CERTAIN AGREEMENT TO IMPROVE -MAJOR ,SUBDIVISION FOR THE COUNTY OF SAN DIEGO TRACT NO. TER SATISFACTORY COMPLETION OF THE IMPROVEMENTS AND ACTS TO BE PERFORMED .PURSUANT TO THE ABOVESAID AGREEMENT TO IMPROVE, THE DIRECTOR OF PUBLIC WORKS OF COUNTY MAY PROVIDE US WITH A WRITTEN CERTIFICATION THAT THE SPECIFIED PERFORMANCE IS COMPLETE, AND THAT THE PERFORMANCE SECURITY MAY BE PARTIALLY VELEASED. UPON RECEIPT OF SAID CERTIFICATION, THE AGGREGATE AMOUNT OF THIS j' LETTER OF CREDIT SHALL BE REDUCED TO AN AMOUNT OF $299,760.00 WHICH AMOUNT xs ��h SIXTY PERCENT (60 %) OF THE ESTIMATED COSTS OF THE WORK AND IMPROVEMENT$ SPECIFIED.IN THE AGREEMENT TO IMPROVE. G ���"' HIS LETTER OF CREDIT EXPIRES AT OUR ABOVE OFFICE ON MARCH 15, 1992, BUT SHALL BE AUTOMATICALLY EXTENDED, WITHOUT WRITTEN AMENDMENT, TO MARCH 15 IN EACH SUCCEEDING CALENDAR YEAR UNLESS WE HAvE SENT WRITTEN NOTICE TO YOU AT YOUR A&Isino Bank Copy • Not OrfOr ml instnasent r THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: PAGE: .2 WDRESS ABOVE BY REGISTERED MAIL THAT WE ELECT NOT TO RENEW THIS LETTER OF 'REDIT BEYOND THE DATE SPECIFIED IN SUCH NOTICE, WHICH DATE WILL BE MARCH 15, 1992 OR ANY SUBSEQUENT MARCH 15 AND BE AT LEAST 30 CALENDAR DAYS AFTER THE DATE 43 SEND YOU SUCH NOTICE. 40TE: * ** St ` T h rHE 00102 SAL PARTNER OP NERSHIP.THIS EXH r0 DETAILING THE NAMES OF A QALIFORA CENERAL LETTER OF CREDIT ?RAFT(S) MUST INDICATE THE NUMBER AND DATE OF THIS CREDIT. :ACH DRAFT PRESENTED HEREUNDER MUST BE ACCOMPANIED BY THIS ORIGINAL CREDIT FOR UR ENDORSEMENT THEREON OF THE AMOUNT OF SUCH DRAFT. 11HE DOCUnNTS MUST BE FORWARDED TO WELLS FARGO BANK, N.A., INTERNATIONAL pIVISION, 9000 FLAIR DRIVE, EL MONTE, CALIFORNIA 91735 IN ONE PARCEL, THIS CREDIT IS SUBJECT To THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY ',REDITS ( 1983 REVISION), INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NUMBER 00, AND ENGAGES US IN ACCORDANCE WITH THE TERMS THEREOF. - ....- .. - - -- ----------- - - - --• AUTnOrlIZED CICHATUnE CLIFFORD itilCHOLSON THIS DOCUMENT CONSISTS OF 2 PAGE(S). Assistant Vice Fresidegt APR -12 -1591 14 :53 FROM WELLS FARGO BR,11< 0774 TO San D"o Req anal CommEiroial Sdnkinpp ONice 101 W. Broadway, Suite 3W San Diego, CA 82101 7925651 P.71 NUMBER OF PAGES INCLUDING TOP COVER SHEET FACSIMILE COVER SHEET DATE: ---� ATTENTION: COMPANY /DEPARTMENT: FAX NUMBER: FROM: J� ;2 U t. SAN DIEGO REGIONAL COMMERCIAL BANKING OFFICE MAIN RECEPTION — (619) 238 -6311 NOTE DEPARTMENT - (619) 238 -6423 COMMENTS: lam' �G•. �-7 i-�� / � (� t°� �/GI c`'�7 4 G' Gz � .�.v� �G� _�S ✓� Gr Utzr -� � Xre f-zf /- e r e4c 6��l �" �' , /�l� CSC? £�S}'7 f —_��j C. �!'' /''�Gy �' c Ezrzq '! ?r-e" 7^ G �-���% / C7 72'1-1 e I' iC c G�i f f FACSIMILE NUMBER 233 -1662 April 12, 1991 �Y P 78 -105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 FAX (619) 564 -5617 Mr. Sandy Saxton TS Restaurants 2526 South Highway 101 Cardiff By The Sea, CA 92007 SUBJECT: GEOTECHNICAL REPORT FOR PLOT PLAN 89 -417 (THE CLIFFS) Dear Mr. Saxton: We are in receipt of your geotechnical report (see attached) as required by Condition of Approval #19. As recommended by the report, the six recommendations must be complied with. Staff will need verification that these items have been completed. As it is noted that some of the boulders which should be are off your property, permission of the property owner will be necessary. Any scaring that should occur as a result of compliance with these recommendations will necessitate chemical treating of the rocks. Should you have any comments or questions, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR 6 STAN B. SAWA Principal Planner SBS:bja Enclosure cc: Fred Bouma, Associate Engineer Tom Hartung, Building & Safety Director Rick Roland, Pacific Building Industries LTRSS.058 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 JUL 261990 Buena Ear, Ineers, Inc. , S M KARM 017Tl1IL Va mm"I William Zmistcws1d Ass„c, 794118 COUNTRY CLUB DRIVE • BERMUDA DUNES, CALFORNIA 92 01 • PHONE (619) 345.1688 • FAX (610) 345 -7315 July 24, 1990. B7- 1792 -P2. 90.07 -803 T.S Enterprises, Inc. 2526 S. Highway 101 RECEIVED V Cardiff, California 92007 APR Or) 1QQ1 . Project: The Cliffs CITY ut- Lm yuINTA' La Qulnta, California PLANNING & DEVELOPMENT DEP?. , Subject: Rock Movement Hazard Analysis Ref: Geotechnical Engineering Report by Buena Engineers, Inc. dated November 28, 1989; Report No. 890 -11 -799 On July 18, 1990, a Staff Geologist with our firm performed a geologic reconnaissance of the above referenced site. The purpose of our reconnaissance was to evaluate potential down =slope movement of rock and soil materials. The property is to be developed Into a restaurant directly adjacent to a steep rock slope. The following observations regarding potential down -sigpe movement of rock were made: 1. Natural Slope a. The natural slope consists of highly weathered granitic outcrops interspersed with colluvial (slope debris and soil) deposits. Surface boulders and cobbles were observed to be subrounded to subangular In shape. b. A gneissic texture was observed in some outcrops and generally dips southeast back Into the slope. The texture dips steeply and was observed to be a plane of weakness where failure had occurred. c. Jointing was typically blocky and highly weathered: d. Highly resistant quartzite intrusions were observed on the nothern portion of the slope. The quartzite does not weather as readily as the surrounding granite. BERMUDADUNES BEAUMOW BAKEFl8FIEW UWCASTER VE MAM 1d4n\ SAC .cee 1714% 2.14.6409 1 DAM "7.CICA /NK1 d10.'M'm WAI "tA797 J 'dLQy, rcoff 1 V0V L boo 80- 07.803 1. The rocks perched above the proposed development could be dislodged by rain or earthquake. 2. Erosion of the native slope will continue to wash loose debris down slope. 3. Boulders and cobbles at the top of the slope pose the greatest hazard. 4. Due to the- highly weathered nature of the granitic outcrops they tend to break up easily and don't roll relatively far. Quartzite outcrops are very hard, do not break up easily and do roll relatively far. 6. Existing vegetation will not mitigate downslope movement of rock and debris. 1. Boulders marked on the attached plan above the proposed development sliould be removed. Special considerations should be paid -to quartzite outcrops (see attached plan). 2. Many of the boulders that, could affect the site are located off the property. Permission to remove the boulders may be necessary. 3. Means of diverting runoff water from the proposed development Is highly recommended. Water should be channeled so as not to affect other large boulders. 4.. Though several boulders above the project are deemed at this time to be stable, conditions may change. Torrential rains or earthquake could change the factors affecting the stability of the rocks. The boulders stability should be monitored every year preferably each spring after the rainy season. 5.. Rock and debris should not be allowed to. accumulate against the proposed structure. Debris should be kept clear of the top foot of the foundation. 6. Landscaping should be designed to prevent future rock movements from affecting the proposed development. The observations and recommendations contained in this report are based solely on visual observations made during the site reconnaissance. Only the possibility of down -slope movement of cobbles'and boulders was evaluated at this time. The recommendations make reference to present conditions. As site conditions change, continuous observation and inspection Is necessary to assess the viability of future rock movement threats to the proposed development. IWCUA PUMUFQQ iNf; • • July 24, 1990 -3- B7- 1782 -P2 . 90- 07.803' We trust this Information Is sufficient at this time. It there are any questions, please contact.this office. . Respectfully submitted, BUENA ENGINEERS* INC. Reviewed and Approved R. Layne.Richins Brett.L. And E. Staff Geologist /ss HD /LTRS Copies:. 4 - T.S. Enterprises, Inc. 1 - VTA File 1 - PS f=ile s I e ILI am. .11 —J % I Ir 1 ].I I ir I' s I e ILI am. .11 —J % I Ir 1 ., , PACIFIC BUILDING INDU AIES 350 Fischer Avenue COSTA MESA, CALIFORNIA 92626 (714) 755.0299 TO /JLL��Ftii Cam= Mmy (.� ti7 f ar% 1-4' QUMUN LIE'TU c (11F UIRR 1J ZEDUUM DATE DATE JO NO. ATTENTION RE: L 4 CL [ FI5 714.10 0 61 7_-F2 •09 -�0 Coo - > WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications x Copy of letter ❑ Change order ❑ !4ft0 ORkMED COPIES DATE NO. DESCRIPTION I 714.10 0 61 7_-F2 •09 -�0 Coo - APR W � I Ut- PIANNING Lh yU9N-r �VELOPNERT DEPT THESE ARE TRANSMITTED as checked below: ❑ For approval 9 For your use > ❑ As requested ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS P(5 %'7'6 ttL2T @ 1M,r(7_ 620 4`4 -9' F POW* COPY TO 6 SIGNED: PRODUCT 240.2 nr s Im, cmWL III= 01471. If enclosures are not as noted, kindly notify us at once. f i 0 Apr,i 1 9, .1991 APR 1 1 19q," ClTy O� A u INT A ?LANNING & DE Jim Z i m:ne rn'ian Technical Services Supervisor Coachella Water District P.O. BOX 1058 Coa.cheila, CA 92236 Dear Mr. Zimmerman: ROB THIBAUT President SANDY SAXTBN Chairman of the Board We are building the restaurant on the west. s1_)pe of Happy Point in La Quinta. At present we are grading and Dope to pull a building permit from La.Quinta in the next week. Per our conditions of approval by the City of La Cuinta, we must obtain a clearance from the water district. I bc!ieve you are aware tl-�at 4e have had KWL Engineering complete the plans for se., ..,ter' :eater and the storm channel and have sutrmi ttcd these plans to .tic Coachella Valley Water District. Wh i 1 r, there may be a few minor details ri t.h your ;.:.- ,�ar�; r- i am requesting that the Di stri t �, , tl� City La to issue the building Ci` rmi t , =. ; �'�fi 1;c ^. have �.':7 1-I !,lrlt i t'ed plans and the district intends l.r ,ir cvi de U` s;c ,,er and �iater' nr'rices. I will call to discuss thic fur tier. 9 e _ t Pe,� ,4a r.ds. Sandy Saxte Tom Hartung - City of La Quinta Bui lc iriy ���partr;ent Jerry Herman - City of La Quinta Building De-p-ar-tment Mike Shovlin - Adjacent Landowner Bcb-Lotito - KWL Engineering Al Strabic - Pacific Building Industrie. (r3ui lde —r-) T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 FAX (619) 792 -9651 ro a:ve . nel AA-.. . e n c..•..t, n,... - r -I-- "'-'- -- - • - ' --' - - - - ' - - .. . .. . • .. • . ROB THIBAUT President •, ",- City of La Qui nta at Public Works �PR 1 91 SANDY SAXTEN Chairman of the Board Conversation with Fred Bouma PLANNING DEVELOPMENT DEP1 RE: Bond Issue 1..; AlI -off -site improvements will have to Lie banded. This will include h,a 1 f the cost of the median strip, the t u i I cost of the landscaping, gutter, curb and 6' sidewalk, ti•rhi ch surveyors will have to measure. Has to meet with any existing pavement (high cr 110-,-.,1 su :there may be some pavement c'xpense . 2.. May also have to bond any public utilities extent; ion Expenses ( i . e. .rater, sewer, etc.) . This probab I,; riot necessary as we have already submitted to C.V.W.D. 3. Count; of Riverside has one condition that vie may have to bond for bike path through this area. (Need to fol lcoa up can this - Patti Sullivan) 4.. The above needs to be completgj before fUi'ther permil.s are 1Ssued. . 5 ers 1 .' ... KWL to estimate length or square footage of improvements as needed by the City of La Quinta. 2. City of La Qu i nta cost schedule needs to be a(: p l i ed to the measurements above by the Public Works Dept. 3. Need to obtain bond from Corroon & Black as soc:n as the amounts are determined. Copies of this Memo to: Pacific Building (Contractor) Jerry Herman (City Planning Department)• }', cob Lot i i:o (. Eng i nee r i ng) Jo:.Smith (Corroon & Black) Mike Shov 1 i n (Adjacent Land,,t.-ine r ) T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 FAX (6191792-9651 ' Cardiff • Del Mar • S.D. South RAV • (.ARA TAhnA • LAhA1nA a KnnnnnAli a,,:.... o,,.,,.ti v....,.: r ------ - c 1f TO: TOM HARTUNG; BUILDING & SAFETY DIRECTOR FROM: STAN SAWA; PLANNING DEPARTMENT DATE: APRIL 2, 1991 SUBJECT: TS RESTAURANT (CLIFFHOUSE AT LA QUINTA) This is to verify that the Cliffhouse Restaurant, which is being built on Highway 111 west of Washington Street, is on Parcel 3 of Parcel Map 22596. Parcel 2 of this parcel map which is immediately to the east has been designated as a non - buildable parcel by the approved conditions of approval #8 on July 25, 1989. (See attached conditions.) The parcel map exhibit showing the subject property and adjacent parcels is on file in the Planning & Development Department. -- If you have any questions please feel free to contact us in the Planning Department. MEMOSS.014 /CS —1— �� �'� 1 ;� ' -1 J :. ; .� J� t v' r' CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP NO. 22596 (REVISED) JULY 25, 1989 *Mitigation as identified in Environmental Assessment No. 89 -129 GENERAL 1. Revised Tentative Parcel Map No. 22596 shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 2. This Tentative Parcel Map approval shall expire two years after the original date of approval by the La Quinta Planning Commission, unless approved for extension pursuant to the City of La Quinta Land Division Ordinance. CTTF. PLAN r 3. The Final Map may delineate a revised parcel boundary for Parcel's 2 and 3 in the event that adjustment of that boundary should be necessary to accommodate amenities of Plot Plan No. 89 -417. In all other respects, revised Tentative Parcel Map No. 22596 shall be in substantial conformance with approved Exhibit "A ", except where said Exhibit is modified by these conditions. STREETS, DRAINAGE, AND GRADING 4. * The Applicant shall dedicate any necessary right -of -way for widening of Highway 111, as determined by Cal Trans. 5. * All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer and /or Cal Trans. 6. * Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the Final Map if within the land division boundary. Said easements shall be submitted and recorded as directed by the City Engineer and /or Cal Trans. 7. * Applicant shall provide the City with appropriate release of liability and hold the City of La Quinta harmless from any potential indemnity resulting from physical or other disturbance(s) from Parcel 2. Format of this requirement shall be subject to review by the Planning and Development Department and the City Attorney's office prior to approval of the Final Map by the City Council. 8. * The Final Map submitted shall give constructive notice, pursuant to the Subdivision. Map Act and the La Quinta Municipal Code, that Parcel 2 has been knowingly subdivided and will be retained as a non - buildable parcel. MR /CONAPRVL.067 -1- L WILLIAM ZMISTOWSKI ASSOCIATES ARCHITECTURE /PLANNING /INTERIOR DESIGN 1909 BROADWAY BOULDER, COLORADO 80302 303/449 -4831 FAX 303/449 -1345 April 1, 1991 Mr. Jerry Herman Planning and Development Director City of La Quinta 78 -105 Calle Estado (P.O. Box 1504) La Quinta, California 92253 Re: The Cliffs Restaurant Parking Layout Dear Jerry: APR 04 1991 Le !D � . pLANNING & DEVON'"' We are proceeding on a design for the parking lot based on the following understanding of my telephone conversation with you Thursday, March 28th: We will not show the seven spaces on the south end of the parking lot at this time. We will seek a variance for these spaces in the future when we submit plans for the office building. 2. To allow more space for the driving lane in front of the building overhang, we will provide only a one -foot setback between the west property line and the back of the adjacent parking spaces instead of the required three feet. We will do this only for a short distance at the narrowest point and will then transition back to a three foot setback for the majority of the length of the west property line. 3. We will provide 24' minimum driving lanes, with 26' lanes where possible, similar to the revised plan dated 3- 20 -91. 4. The dimensions across the narrowest part of the lot will be 1' setback, 18' standard parking, 24' driving lane, 16' compact parking, 3'6" minimum island (1' -6" overhang @ compact + 2' overhang @ standard), 18' standard parking, 24' driving lane and then the island with the support for the building overhang. 5. We will provide 107 spaces at this time with 12 more proposed at the time the office building is constructed. These 12 will include the 7 at the south end of the lot , plus 5 more at the north end of the lot, shown "dashed" on our initial plan, sheet A1.1. This will give us a total of 119 as required by the ULI "shared parking" methodology. MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS CLF1- 91:4- 1JHDRCLF A" Mr. Jerry Herman April 1, 1991 Page Two I have enclosed a marked -up copy of the plan dated 3 -20-91 illustrating the items above. This was a difficult problem on a very tight site, and I sincerely appreciate your time and effort to work with us to produce a plan which I think will satisfy everyone involved. If I have misunderstood or misrepresented your intentions in any way, please notify me immediately. Sincerely, WILLIAM ZMISTOWSKI ASSOCIATES David Rounds DR:kb Enclosure cc: Sandy Saxten, TS Rick Rowland, PBI Lloyd Rogers, KWL ms If 25, 1991 Jerry Herman Planning Director City of La Qu i nta 78 -105 Calle Estado La Qui nta, Cry. 102253 Dear .Jerry: MAR CITY O� LA VUIIMTA '1"AN ►I G & OEVELOPAIEMT gEPf. ROB THIBAUT President SANDY SAXTEN Chairman of the Board As you are aware, our pl-1r s for the restaurant on !Ai rave been submitted; to the La Qui nta Building �'erartmeri`:, and we are close to obtaining our parr ?rat. T would I ik-e to clarify %ur position on two i')J.i nts of coric:= rn : ( 1) That the seven t.7) parking spaces that: are apparer,t 1 y i n the City setback: be je +� „u' tl -ris tame and th.; ,, .. ,;e b.e r;r;l-i`::' t e d t:: )l::�Y'1✓: - .)(.t!`., '�l L.. 'f:i "!E'- C ? t;! c-.i far k. i og- plan (Dbta,in' 'a ti ui ll= di—n -9 ( s l i:ai, the present, til i ] plans i "vi C,` :? <a.Cid bi 'a Jpt c've'.{ . '! '7vl --:ver, „- tic, ':1ou i n )t G 1n the next 60 days al- ::ernati`�e curb and drair;,:,y -. ic-oa•ks more old fashioned to compl iment c',.,r "eis� California" ranch house architectural style. TI- ;.-, c _'! 1c1 beet be done as you review our 1andsca:pe plan in the next month or, SO. I hope these two issues will not prevent us from ebt -fining our permit in the next few days. We are finally ready to start and want to try to be open by next fall for the 1992 win �r season. Best. R gards Sandy Saxten SS /pas cc: A i S,trabic Pacific Buiildin9 In ustrI (Dul.i iderj D -.ug Sault _. W *i -1 -i iam Z.imsta.wski Assoc, i; t s (.A- ch•ite,ct T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007; (619) 942 -1300 FAX (619) 792 -9651 Cardiff • Del Mar • S.D. South Bay • Lake Tahoe • Lahaina • Kapalua • Kaanapali • Poipu Beach • Kauai Lagoons • Kalapaki Beach ` MEMORANDUM F ` L TED ' 9�5w OF TO: TOM HARTUNG, BUILDING & SAFETY DIRECTOR FROM: STAN SAWA, PRINCIPAL PLANNER DATE: MARCH 5, 1991 SUBJECT: PLOT PLAN 89 -417; T S RESTAURANTS Pursuant to your request, the following Planning Department items would have to be complied with prior to issuance of a grading permit. t Condition #4 and #6 of the approved plot plan (see attached) require that a "hold harmless" agreement be recorded to release the City from liability caused by damages due to landslides, falling rocks, etc. This agreement must be approved by the City Attorney and recorded prior to issuance of any permits for this development. Planning Department Staff also has other comments regarding the proposed grading plan which was sent to us from the Engineering Department. Those comments are as follows: 1. The seven parking spaces closest to Highway 111 encroach into the required 50 foot landscape buffer. These spaces must be relocated or moved further north so that they do not encroach into the required setback. As an alternative, if they are not needed for the Phase 1 restaurant, they can be deleted. However, the total required parking will need to be provided with the' Phase 2 construction. 2. The aisle shown between the parking area and landscaped median adjacent to the covered entry is only shown as 20 feet wide. This approval of this project requires a 24 foot wide aisle. Due to the projects location on Highway 111, I would suggest that you have the Applicant receive clearance from Caltrans for grading adjacent to the Highway. This is to insure that Caltrans is satisfied with drainage from the property. Should you have any questions, please let me know. MEMOSS.019 FIE CUPW TW�t 4 4 QUWC4) 78 -105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 January 24, 1991 Mr. Sandy Saxton TS Restaurants 2526 S. Highway 101 Cardiff by the Sea, CA 92007 SUBJECT: PLOT PLAN 89 -047, AMENDMENT #1 Dear Mr. Saxton: Pursuant to your request, this is to inform you that regarding Condition #16 (see attached conditions) pertaining to Highway 111 street improvements, the City has no control over when those improvements are to be installed. Caltrans has jurisdiction since Highway 111 is a state highway and should be contacted. Condition #17, pertaining to the bike path along the Whitewater Storm Channel, will in all probability not be required initially since the exact route has yet to be determined. A bond may be required for this future construction. Condition #25 requires a meandering sidewalk along Highway 111. This construction will be required by the City at the time Caltrans requires the street improvements. If not initially installed, a bond will need to be filed with the City. Should you have any questions, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR `.. f. Stan B. Sawa Principal Planner SBS:ccs Attachments cc: Steve Speer; Engineering Department MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 LTRSS.065 /CS _. � r� �- � � ` .� � A . . 1 • ROSENOW SPEVACEK GROUP INC. DATE: December 12, 1990 TO: Tom Genovese, Assistant City Manager CITY OF LA QUINTA FROM: James D. Williams, RSG Frank J. Spevacek, RSG SUBJECT: LA QUINTA TS DEVELOPMENT PROJECT Based upon the information provided by the developer we have prepared pro formas for the restaurant and the office building proposed by TS Development. The ppro formas were prepared to assist the Agency in determining whether financial assistance by the Agency is necessary to ensure successful project completion. In order to provide a complete analysis, separate pro formas were prepared for the office and for the restaurant. Each is analyzed as a separate development project with parking allocated as necessary to the development. Site costs and landscaping are also allocated as prescribed by each development. The restaurant would be the first structure to be built and no determination has been made by the developer as yet for the development date of the office structure. Land purchase costs are included for both structures and an additional land rental payment is included for the restaurant. According to the developer, this rental payment is necessary to fully cover the total land cost. When normal operating costs for the restaurant are included with this land rental payment, the project becomes very marginal financially. As noted in the operating pro forma the Free and Clear return is 6.4% and this return should be approximately 10% for a successful project. The returns on cash investment are in the 3% to 5% range in the early years of the development as can be seen in the "Cash on Cash" line of the pro forma. These returns should be approximately 11% to 12% or better. Finally the Internal Rate of Return is 6.4 %, a measure which should be closer to 12% to 15%. The office component presents a more successful economic model with the following projected returns: Free and Clear 11.3% Cash on Cash 18.7% IRR 21.5% These returns are, however, based on a net monthly rate of $1.50 per square foot. This is a very aggressive rental rate and it is not clear to us that such a rental rate could be achieved. Discussion with the developer did not provide an answer to the question. THE THEME BUILDING • 540 NORTH GOLDEN CIRCLE, SUITE 305. SANTA ANA, CA 92705,7141541-4585 FAX 7141836 -1748 510 NORTH PACIFIC, SUITE I. OCEANSIDE, C9 92054.6/9/967 -6462 Tom Genovese, Assistant City Manager CITY OF LA QUINTA December 12, 1990 Page 2 Based on the information provided it is our opinion that assistance by the Redevelopment Agency would be appropriate for successful project completion. However, we would need additional information from the developer to formulate a recommendation on a specific dollar amount. This information would best be collected through a meeting with the developer that has your advance blessing. \1&,uinte\m 10 YEAR PROFORMR: ---------------- YEAR ;INCOME: GROSS RENTS EM PEN S E RECOVERY PARKING LESS VACANCY LESS FREE RENT LESS CREDIT LOSS TOTAL INCOME NET OPERATING INCOME FREE & CLEAR RETURN DEBT SERVICE BUILDING INCOME CAPITAL ITEMS: TENANT IMPROVEMENTS j LEASING COMMISSIONS MISC CAPITAL ITEMS TOTAL CAPITAL ITEMS PRE TAN OPERATING CASH FLOW CRPITALIZED INITIAL LOSSES ADJUSTED CASH FLOW SALES RESIDUAL (LESS LOAN) PRE TAN CASH FLOW INTERNAL RATE OF RETURN COMPONENTS[ RATE CASH FLOW FROM OPERATIONS CASH FLOW FROM RESIDUAL i TOTAL I CASH ON CASH i i i 1 2 3 4 5 6 7 397,200 $126,360 so so so $0 $0 so 30 $0 CS972> ($1,264) -- - -- - --- --- --- $96,228 $125,096 s0 s0 --- - - - - -- ---- - - - - -- $96,228 $125,096 6.87. 8.09 ($120,285) C$120,285) C$21,057> $4,811 --- -- - -so ---- -- --s0 - -- --- - -- ---- -- - - -- C324,OS7> s4,811 $21,067 $0 --- - - - - -- ---- - - - - -- s0 34,811 3167,698 so $0 so $0 (31,577> $156,121 $0 3156,121 11.0? (3120,285> $35,636 ($3,000) ($3,000> $32,836 so $32,836 $164,005 so $0 $0 $0 (s1,640) $162,365 so $162,365 11.59 (3120,285) -- $42,080 Cs 3,135) (33,135) 338,995 $0 $38,945 $170,665 $0 $0 $0 $0 cs1,7o6) $168,659 s0 $168,859 11.9% ($120,285) - -$48, 571 (33,276) CS3,276> $45,298 $0 -- $45,298 $177,888 $0 s0 $0 s0 cs 1, 774) $175,614 $0 $175,614 12.4% ($120,285) -- $55,329 ($3,423) (33,423) $51,906 so $51,906 $184,184 so so $0 so csl.els) $182,639 $0 3182,639 12.9? 0120,265> $62,354 Cs90,000> (346,811) (33,578) C3140,368> ($78,035) $0 (678,035) EQUITY - -- - - ----- -- -- - --- -- -- --- -- - -- ---- --- - -- - --- -- - - -- ---- - -- - -- -- --- -- - -- -- --- - -- -- CS214,411) s0 $1,811 $32,836 $38,945 345,298 $51,906 ($78,035) ---- - - - - -- ---- - - - - -- ---------- --- m - - - - -- .......... .......... .m.- m..... 21.6'2. 390,732 $123,710 $214,411 - 11,222 2.242 15.31% 18.162 21.122 24.211 - 36,392 .......... ...... .... .......... ---- m..... .......... ..... a.... ... ..... M. 8 9 9 1 10 S SALE $191,863 $ $199,537 $ $207.519 $ $215,820 so s so s so s so s0 s so $ $0 $ $0 $0 s so $ $0 $ $0 so s so $ $o $ $0 C$1,919> < <$1,995> C C$2,075> C C62,158> $189,944 $ --- - 6205,444 $ $213,661 s0 $ $0 s so $ $0 --- - - - - --- - ---- ------ - -- -- ---- -- - --- - - ----- 13.49 1 13.92 1 14.52 ($120.285) C C$120,285> C CS120,285> i $69,659 $ -- - $85,159 1 Ci3,739> < <63,907> ( ($4,083> ($3,739) C C$3,907> < <$4,083> $65,921 $ $73,350 $ $81,076 $0 s so $ $0 ---- - - - - -- - ---- - - - - -- - ---- - - - - -- - --- --- - -- - -------- - -- - $869,666 $65.921 $ $73.350 $ $950.742 ---------- --- m - - - -r- --- - - - - - -- t FILE :TSOFCt T S RESTAURANT PROJECT - OFFICE BUILDING: RSG (11/26/90) ASSUMPTIONS PROJECT COST 'I $1.117.291 EQUITY REQUIRED $211.911 1 STABILIZED NET OPERATING INCOME $160.380 IMPUTED PROFIT (VALUE ADDED) $186.509 ANALYSIS: FREE 4 CLEAR 11.3? CASH ON CASH 18.72. PRE TAX IRR 21.5? PROJECT AREAS: LAND (SURFACE SO FT) 9.000 FAR 1.0 GROSS 9.000 RENTABLE 9.000 USABLE 9.000 PARKING (SO FT) 9.150 PARKING STALLS 27 PARKING RATIO (PER M SO FT) 3.0 COST ASSUMPTIONS: LAND (PER RENTABLE SO FT) $39.55 SHELL 6 CORE (PER GROSS SO FT) $50.00 PARKING (PER PKG SQ FT) RENEWAL $9.50 OTHER (PER GROSS SQ FT) - - - - - -- $0.00 TENANT IMPR ALLOW (PER USABLE SO FT) 510.00 520.00 FINANCIAL ASSUMPTIONS: INTERIM LOAN (FEE /RATE) 2.02. 11.5X PERMANENT LOAN (FEE /RRTE) 2.OX 10.0% LAND CARRY (TERM MOS /RATE) 0 0.0? DEBT COVERAGE (AMOUNT / COVERAGE $1.391.609 1.15 LOAN TO VALUE RATIO (RHOUNT /RATIO) $1.202.850 75.0? LOAN AMOUNT (LOWER OF DC /LVR) $1.202.850 CAPITALIZATION RATE 10.02. CREDIT LOSS 1.0? INFLATION FACTOR (RENT /EXPENSES) 1.0% 1.5? i MISC CAPITAL ITEMS (BEG YR 3) $3.000 MARKETING ASSUMPTIONS: MARKET RENT (R.ENTRBLE SO FT) NNN 518.00 OPERATING EXPENSES (RENTABLE SO FT) $0.00 NET RENT (RENTABLE SO FT) $18.00 PARKING RATE (PER MO /YR) $0.00 $0.00 LEASING COMMISSION 5.0' /. PRE- LEASING 0.02. i TIMING RSSUMPTIONS: (IN MOS) INITIAL RENEWAL PRE- DEVELOPMENT - --- --- 3 - - - - - -- CONSTRUCTION 9 LERSE -UP (AVERAGE INITIAL VACANCY) 12 3 FREE RENT 0 3 MONTHS TO STABILIZED INCOME 24 FILE:TSREST; T S RESTAURANT PROJECT — RESTAURANT: RSG (11/26/90) ASSUMPTIONS PROJECT COST $3,551.319 EQUITY REQUIRED $1.855,111 STABILIZED NET OPERATING INCOME $226.125 IMPUTED PROFIT (VALUE ADDED) ($1,290.099) ANALYSIS: FREE A CLEAR 6.1X CASH ON CASH 3.Ox PRE TAX I RR 6.1x PROJECT AREAS: LAND (SURFACE SO FT) 9,000 FAR 1.0 GROSS 9,000 RENTABLE 9.000 USABLE 9,000 PARKING (SO FT) 10.600 PARKING STALLS 116 PARKING RATIO (PER M SO FT) 12.9 COST ASSUMPTIONS: LAND (PER RENTABLE SO FT) $60.00 SHELL Q CORE (PER GROSS SO FT) $136.11 PARKING (PER PKG SO FT) RENEWAL $1.50 OTHER (PER GROSS SO FT) - - - - - -- $0.00 TENANT IMPR ALLOW (PER USABLE SO FT) N.A. N.A. FINANCIAL ASSUMPTIONS: INTERIM LOAN (FEE /RRTE) 2.O9 11.5X PERMANENT LOAN (FEE /RRTE) 2.OX 10.0% LAND CARRY (TERM MOS /RRTE) 0 O.OX DEBT COVERAGE (RMOUNT /COVERAGE $1,966.301 1.15 LOAN TO VALUE RATIO (AMOUNT /RATIO) $1,695.938 75.OY. LOAN AMOUNT (LOWER OF OC /LVR) $1.695.938 CAPITALIZATION RATE 10.0% CREDIT LOSS 0.0% INFLATION FACTOR (RENT /EXPENSES) 4.OY. 1.5x MISC CAPITAL ITEMS (BEG YR 3) SO MARKETING ASSUMPTIONSs MARKET RENT (RENTABLE SO FT) NNN $350.00 OPERATING EXPENSES (RENTABLE SO FT) $297.50 MET REMT,(RENTRBLE SO FT) $52.50 PARKING RATE (PER MO /YR) $0.00 $0.00 LEASING COMMISSION N.A. PRE — LEASING N.A. TIMING ASSUMPTIONSs (IN MOS) INITIAL RENEWAL PRE— DEVELOPMENT 3 CONSTRUCTION 9 LEASE —UP (AVERAGE INITIAL VACANCY) 0 FREE RENT 0 MONTHS TO STABILIZED INCOME 12 PROJECT COST ---- AREA PER SO FT - - - - -- TOTAL --- ----- -- -- - - - - -- LAND ---- - - - - -- 9,000 ---- - - - - -- - --- $39.55 - --- - - - - -- $355,950 ---- - - - - -- CONSTRUCTION3 SHELL a CORE 9.000 $50.00 $150,000 PARKING & LANDSCAPE 9,150 $1.50 $12,525 ELEVATOR 0 $0.00 $10,000 TENANT IMPROVEMENTS 9,000 520.00 - - - - -- $180,000 ---- - - -- -- TOTAL CONSTRUCTION ---- - -- - -- 9,000 -- ---- $79.17 ---- - - - - -- $712,525 - --- - - - - -- TOTAL LAND 6 CONSTRUCTION ---- - --- 9.000 -- -- - - - - -- 5118.72 ---- - - -- -- $1.068,175 ---- - - - - -- MISCELLANEOUS: ARCHITECTS Q ENGINEERS (BLOGS) 6.02 $1.75 512,752 TENANT DESIGN FEES (USRBLE SO FT) 51.00 $1.00 $9,000 OTHER CONSULTANTS (CONSTR) 1.02 $0.79 $7,125 PERMANENT LOAN FEES (LOAN) 2.02 $2.67 $21,057 INTERIM LOAN FEES (LOAN) 2.02 52.67 $21,057 INTERIM INTEREST (LOAN) 11.52 $5.76 $51,673 TESTING 6 INSPECTIONS (CONSTR) 1.0% $0.79 $7,125 PLAN CHECK /PERMITS (CONSTR) 1.92 $3.89 $35,000 UTILITY FEES 1.12 51.11 $10.000 TITLE INSURANCE /ESCROW (CONSTR) 0.5x. 50.89 $8,019 TAXES DURING CONSTRUCTION (VALUE) 1.12 50.71 $6.616 INSURANCE (PER M) $0.30 $0.30 52,700 DEVELOPMENT FEE (CONSTR A MISC) 0.02 $0.00 50 DEVELOPMENT OVERHEAD (PER GROSS SO FT $1.25 $1.25 $11,250 LEASING COMMISSIONS (RENTS) 5.02 53.98 $35,791 MARKETING OVERHEAD (PER SO FT) $0.00 $0.00 ---- - - - - -- 50 ---- - - - - -- TOTAL MISCELLANEOUS $30.60 -- -- - - - - -- $275,365 ---- - - ---- RESERVES: CAPITALIZED INITIAL LOSSES PRO FORMA $2.67 $21,057 CONTINGENCY (CONSTR & MISC) 5.0? $5.19 - - - -- $19,391 - - - --- TOTAL RESERVES ---- - ---- $73.151 TOTAL PROJECT COST ----- -$8.16 $157.18 $1.117,291 I PROJECT COST LAND CONSTRUCTION: SHELL & CORE ON SITE IMPROVEMENTS ELEVATORS (2) RESTAURANT DEV. COSTS LANDSCAPING TOTAL CONSTRUCTION TOTAL LAND Q CONSTRUCTION MISCELLANEOUS: ARCHITECTS A ENGINEERS (SLOGS) TENANT DESIGN FEES (USABLE SO FT) OTHER CONSULTANTS (CONSTR) PERMANENT LOAN FEES (LOAN) INTERIM LOAN FEES (LOAN) INTERIM INTEREST (LOAN) TESTING 6 INSPECTIONS (CONSTR) PLAN CHECK/PERMITS (COHSTR) UTILITY FEES TITLE INSURANCE /ESCROW (CONSTR) TRXES DURING CONSTRUCTION (VALUE) INSURANCE (PER H) DEVELOPMENT FEE (CONSTR 6 MISC) DEVELOPMENT OVERHEAD (PER GROSS SO FT LEASING COMMISSIONS (RENTS) MARKETING OVERHEAD (PER SO FT) TOTAL MISCELLANEOUS RESERVES: CAPITALIZED INITIAL LOSSES CONTINGENCY (CONSTR 4 MISC) TOTAL RESERVES TOTAL PROJECT COST AREA PER SO FT TOTAL 9.000 $60.00 $510,000 9,000 $136.11 $1,221,990 9,000 $27.78 $250,000 9,000 $7.78 $70,000 9.000 $83.33 $750,000 9.000 $21.67 $195,000 9,000 $276.67 $2.189,990 - - - -- ---- - - - - -- ---- -- - - -- 9,000 - -- 5336_67 $3_029,990 5.11. $11.00 8126.000 $0.00 $0.00 50 1.0% $2.77 $29,900 2.02 $3.77 $33,919 2.0'2. $3.77 $33.919 11.51. $8.13 $73,137 1.OX $2.77 $21.900 1.6X 512.78 8115,000 0.GX $1.67 $15,000 0.5X $1.26 $11.306 1.12 51.01 $9.328 80.30 $0.30 $2.700 O.OX $0.00 50 $1.25 81.25 $11,250 H.R. $0.00 50 $0.00 $0.00 $0 $53.18 5181.359 - - - - -- ---- - - - - -- PRO FORMA $0.00 50 51.11 $10,000 ---- - - - - -- ---- --- - -- 51.11 $10,000 --- - - - - - -- ---- - - - - -- 5391.59 $3,551,319 ---- - - - - -- ---- - - - - -- 10 YEAR PROFORMA: --------°------ YEAR INCOME: GROSS INCOME TOTAL INCOME OPERATING EXPENSES FOOD COSTS LIQUOR COSTS PERSONNEL COSTS ADMIN. COSTS LAND RENT i i TOTAL OPERATING EXPENSES NET OPERATING INCOME �REE a CLEAR RETURN I DEBT SERVICE I BUILDING INCOME i CfiPI TAL I TEMS: TENANT IMPROVEMENNTS LEASING {COMMISSIONS MISC CAPITAL ITEMS TOTAL CAPITAL ITEMS PRE TAX OPERATING CASH FLOW CAPITALIZE INITIAL LOSSES ADJUSTED CASH FLOW SALES RESIDUAL (LESS LOAN> PRE TAX CASH FLOW 1 2 3 4 5 6 7 ---- - --- -- -- -- -- ---- ---- $3,150,000 $3,307,500 $3,472,876 $3,646,619 $3,828,845 $4,020,287 $4,221,301 53,150,000 $3,307,500 $3,472,875 $3,646,519 $3,828,845 $4,020.287 $452215301 (:$l,l02p50O)<51,167,625)<$1, 215, 606)($ 1, 276,2S2)(51,340,096)C$I,4O7,100 )($1,477,455) ($630,000) ($661,500> ($694,676) 0729,304) ($765,769) 0804,057) 0844,260) (3598,500) ($628,425) (3659,846) (3692,839) ($727,480) ($763,855) 0e02,047> 0346,500) (3363,825) ($382,016) 0401,117> 0421,173) ($442,232) (5464,343) ($67,500) <$270p000> 0277,830) 0291,722> ($306,308) 0321,623) 0337,704) ---- - - - - -- -- -- - - - - -- ---- - - - - -- ---- -- - --- ---- - - - - -- ---- - - - - -- ---- - - - --- ($2,745,000)($3,081, 375 ><$3,229,774)C$3,391,262)C$3, 560 ,826 >($3,738,867)<$3,925,810> ---- - - ---- ---- -- -- -- -- -- - - ---- ---- - - ---- -- -- - --- -- - --- - - -- -- -- -- ---- -- $405,000 $226,125 $243,101 $255,256 $268,019 $281,420 $295,491 11.42. 6.42 6.eX 7.2X 7.3X 7.92 8.32. ($169,594) ($169,594) ($169,694) ($169,594) (s169,694> ($169,694) ($169,594) --- - ------ --- - - ----- -- -- - --- -- ----- - - - -- - --- - - - - -- $235,406 $56,531 $73,508 $85,663 $98,425 X111,826 $125,697 --- ---- - -- -- -- -- -- -- --- - - ----- - ------- -- -- -- --- --- -- -- - - --- -- - -- - --- - -- s0 s0 $o so so so so ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- s0 s0 s0 sO s0 $0 s0 ----- --- -- ------ -- ---- ---- --- -- - - - -- -- -- ---- -- ---- °- ----- ---- -- -- -- $235,406 $56,631 $73,606 $65,663 $96,425 $111,826 $125,697 so $0 $0 so so $o so ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- $235,406 $56,531 $73,508 $85,663 $98,425 $111,826 $125,897 EQUITY --- - --- - -- ---- -- - - -- ------ ---- --- - -- ---- -------- -- - -- - - - ---- --- - --- - -- - --- --- - -- ($1,855,411) $235,406 $56,531 $73,508 $85,663 $98,425 5111,626 $125,897 .......... --- .r...r. ..r.r..... .......... ...r....r. .......... ...r...... .......... INTERNAL RATE OF RETURN COMPONENTS: RATE CASH FLOW FROM OPERATIONS 5896,401 CASH FLOW FROM RESIDUAL $959,010 TOTAL $1,855,411 CASH ON CRSH 12.69Y. 3.052. 3.962. 4.62X 5.3011 6.032. 6.792. ..r.•...r . .......... .......... .......... .......... .......... .......... e 9 10 SALE t---- -- -- - - -- - --- $1,132.366 $1,653.985 $1,886,601 $5.131.018 - --- -- - - -- - --- - - - - -- -- -- - - - - -- ---- -- - - -- $1.132,366 31,663.985 $1,886.681 $5,131,018 ' �C31.SS1.328)C31. 628 ,898 >CS1.710.339)CS1,795,856> Cs886.173) C$930,797) ($977,337)($1,026.201) C$812,15O) ($881,257) ($928.170) C$971,893) ($187.560) C$511.938) ($537,535) (3561,112) ($351.589) ($372.319) ($390,935) ($110,181) --- - - -- -- -- - - - - -- -- -- - - -- -- ---------- C$1. 122. 101> C$1, 328.206) 031, 511, 616) C$1, 771.017) - ---- - - --- --- - ------ ---- --- - -- ---- - --- -- $310.266 $325.779 $312.068 - $359.171 8.77 9.22. 9.6Y (3169.591) ($169.591> ($169.591) --- -- -- -- --- ---- - -- ---- - - - --- $110.672 $156,185 $172.171 --- - --- --- ---- - - - --- -- -- - - - --- sO so sO ---- - - ---- -- ---- -- -- - --- - - - --- sO $0 so - -- - - - - --- ---- - - - - -- --- - -- -- -- $110.672 $156.185 $172.171 so $0 so ---- - - - - -- ---- - - - - -- ---- - - - - -- $110,672 $156.105 $172.171 51.78e.O21 ---- - - - - -- ---- - - - - -- ---- - - - - -- $110.672 $156.185 31,960.198 ........ .. .... . ..... ...... . . .. t i 7.588 0.12x 9.30x I.......... .......... ...... . . .. I r 5 October 1, 1990 Jerry Herman Director of Planning City of La Quinta 71 3- 1015 :,a1 1 e Est- ado La Quinta, CA 92253 Dear- Mr. Herman: V E OCT 0 4 CITY Of to QUINTcAQ7 PLANNINP $ OEVELA@Ii�ENAPTT President SANDY SAXTEN Chairman of the Board I would like to set up a meeting to decide how I can proceed to obtain a building permit in January 1991 if the Mello :'ivos land district has been approved (hopefully by December 1990) but not been funded. I would need to have the City of La Quinta and particularly the Coachella Valley Water District sign off based on the promise to complete this work. How would this work? As you can see from the attached letter it is imperative that (1) our project be included in the Mello Roos bond district (2) the bond district be approved this fall (3) the building permit could be issued to let us proceed in January 1991 I ti: i i i call to discuss these matter. Best Re ards. Sandy Saxten SS /0as cc: Ron K"iedrowski, City Manager Mike Shovlin, Property Owner Colm Maken, TDC Bernie Whitlow, Architect Zimstowski Associates T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 FAX (619) 792 -9651 Cardiff • Del Mar • S.D. South Bay • Lake Tahoe • Lahaina Kapalua • Kaanapali • Poipu Beach • Kauai Lagoons • Kalapaki Beach '��a,.J �'. .. t ,.. � � . � � ^ � o '� October 1, 1990 Ron Kiedrowski City ,Manager City of La Quinta 78 -105 Calle Estado La Quinta, CA 92253 (619) 564 -2246 Dear Mr. Kiedrowski: ROB THIBAUT President SANDY SAXTEN Chairman of the Board I spoke with Mr Genovese of your office last Thursday to see about the progress of the planned Mello Roos Bond District for the Washington and Rt.111 area. I was concerned that the continued delays of the formation of this district could derail our planned project (Plot Plan 89 -417, Amendment #1). I was stunned to find out that Mr. Genovese was not sure that TDC planned to include our parcel (referred to as Parcel One) in the Mello Roos! By my purchase agreement with Mike Shovlin, a principal involved with TDC, and by all conversations with Mike and Peter Adams throughout 1989 and 1990 it was 100% clear that we were to be included. Everyone (Shovlin, Transpacific, the city planning commission) has known that we wished to be included and were basing our decision to proceed on the project upon being included. I request a meeting immediately with you and ideally with TDC and Mike Shovlin to get a clear update on the progress of the Mello Roos and to have the City of La Quinta reaffirm their commitment to proceed with this land district and to include our parcel. I stand to lose several hundred thousand dollars if the City reverses itself on this matter. I am extremely concerned. I will try to reach you this week to set up a meeting. T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 FAX (619) 792 -9651 Ron Kiedrowski October 1, 1990 Page Two I have been told by Mr. Genovese that the negotiations on the Transpacific Owner Participation Agreement (or Development Agreement) are close to being finalized. I can only say that I hope this is true and that our parcel will be included. Continued delay of this matter or exclusion from the land district is a disaster for our project. Best Regards. -0- Sandy Saxten SS /pas cc: Rob Thibaut, President John Pena, Mayor of La Jerry Herman, Planning Tom Genovese, Assistan Mike Shovlin, Property Colm Maken, TDC Peter Adams, TDC Enclosures TS Enterprises, Inc. Quinta Director t City Manager Owner Phone Conversation - Tom Genovese, City of La Quinta Thursday, September 27, 1990 1. Mello Roos project is under negotiation as part of the overall financing of the project. The original approval last Spring was for four (4) parcels but most recently Transpacific has only mentioned Parcels 3 and 4 and there has been no discussion of Parcels 1 and 2 being included. The latest revised petition that needs to be filed does not include any costs for Parcels 1 or 2. Not sure where we stand at this point. 2. If negotiations are successfully completed shortly the new petition could be approved by City Staff by November 1 and the City Council by December 1. Signing date for the Owner Participation Agreement is "very close- but no date definite. 3. We need written intention from Transpacific including our parcel in the Mello Roos. Contact: Colm Maken, TDC 2377 Crenshaw Blvd., #300 Torrance, CA 905019�fl (2.13) 618 -3612 August 8, 1990 Howard E. Jackson District Permit Engineer Department of Transportation District 11 P.O. Box 85406 San Diego, CA 92186 -5406 RE: 11- 90- 6MC0169 11 -RIV- 111/34.3 Dear Mr. Jackson: ROB THIBAUT President SANDY SAXTEN Chnirnwn of the Board Please find enclosed (1) new grading plan for the site showing the drainage away from the highway and (2) a revised striping plan per your request July 13, 1990. Hope this completes our application. Please call me if you need further assistance. Best Regards. HatLi 5uiiivan pas cc: Sandy Saxten Stan Sawa - City of La Quinta Enclosures T S RESTAURANTS OF CALIFORNIA AND HAWAII 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 May 31, 1990 f, -10 Notes to Meeting with Mike Shovlin, Seller Peter Adams, TDC Transpacific Development Representative 1. Status of LDC 62 Acre Development a. Delays due to Cal Trans problems. These problems now 90% worked out. See no problems in the future. b. Construction loans not finalized but are confident that they will happen as major tenants have made commitments i.e. WalMart, gas stations (2), Albertson's, and lots of interest from smaller tenants. C. Water District (C.V.W.D.) also being tough but TDC has agreed to give up three acres for well to be dug and for electrical substations so these details will be worked out. d. Summary: All the details need to come together by the end of July as the contracts with the City of La Quinta, Cal Trans, C.V.W.D. , WalMart deal, bank financing are all tied together. This is a big deal for La Quinta and the City has agreed to most major points. e. TDC planned to be grading this project by September 1990. 2. Status of Mello Roos a. As of today, it has been approved by the City and TDC has funded $68,000. for cost studies. b. By July as part of the above approval process the City should be obligated through Development Agreement to proceed with the Mello Roos. City has already verbally agreed to most of the important points including offsets of taxes to reduce payments of Mello Roos bonds so that the bond payments should be minimal. C. May have to fund bond district improvements temporarily as bond proceeds will not be immediately available., (August to November). d. Final funding November 1990. e. Peter Adams said no engineering had been done on the costs west of Washington. Mike Shovlin agreed to stay on top of this. Mike will contact Bob Lottito of KWL to develop street side engineering. Peter Adams agreed to have storm channel contractor and engineer develop numbers for storm channel west of Washington. Sandy agreed to pay his share to KWL and would want to be kept informed of proposed costs. 4 78 -105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 May 24, 1990 Mr. Sandy Saxton TS Restaurants 2526 S. Highway 101 Cardiff by the Sea, CA 92007 SUBJECT: APPROVED PLANS FOR RESTAURANT /OFFICE COMPLEX (PLOT PLAN 89 -417 AMENDMENT #1) Dear Mr. Saxton: Per your request we are enclosing a stamped set of approved plans for your restaurant /office complex on Highway 111. Should you have any questions, please contact the undersigned. Very truly yours, JERRY HERMAN _ PLANNING & DEVELOPMENT DIRECTOR Stan B. Sawa Principal Planner SBS:ccs Attachment CS /LTRS9401roG ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 1k - .. 'A A,. -, T4hf 78 -105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 ; (619) 564 -2246 May 17, 1990 Mr. Sandy Saxton TS Restaurants 2526 S. Highway 101 Cardiff by the Sea, CA 92007 SUBJECT: CITY COUNCIL ACTION ON PLOT PLAN 89 -417, AMENDMENT #1 Dear Mr. Saxton: The City Council at the meeting of May 15, 1990, took the following action on your request: 1. By minute action, accepted the Planning Commission report of action (approving the request). we are not enclosing a copy of the Conditions of Approval since they are the same that were sent to you after the Planning Commission approval. Should you have any questions concerning the above, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR Stan Sawa Principal Planner SS: bja BJ /LTR2ALOI`" ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 T-Mf 78 -105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 May 10, 1990 Mr. Sandy Saxten TS Restaurants 2526 S. Highway 101 Cardiff by the Sea, CA 92007 SUBJECT: PLANNING COMMISSION ACTION ON PLOT PLAN 89 -417, AMENDMENT #1 Dear Mr. Saxten: The Planning Commission at the meeting of May 8, 1990, took the following action on your request: 1. Adopted minute motion 90 -016, approving Plot Plan 89 -417, Amendment #1, subject to amended conditions (due to typographical error). Your request has been scheduled for the City Council meeting of May 15, 1990, at 7:00 p.m. as a- -consent calendar (report of Planning Commission action) item. It would be advisable to have a representative at the meeting in case of questions. Attached is a copy of the approved conditions of approval. Should you have any questions, feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR 4simv�, 6. Stan B. Sawa Principal Planner SBS:ccs Attachment cc: Engineering Department CS /LTUAAtSADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 M STATE OF CALIFORNIA-BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11, P.O. BOX 85406, SAN DIEGO 92186-5406 ^� (619) 237 -2505 May 8, 1990 City of La Quinta Planning and Development Department P.O. Box 1504 La Quinta, CA 92253 Attn: Mr. Stan Sawa We have reviewed the Plot Plan 89 -41 on State Route 111 (SR -111), west of of La Quinta. We have the following 11 -RIV -111 Washington Street PP 89 -417 Amended #1 `rte Mq y 14 199,0 c & °E�EtoP& �� TA KEPI. 7 for TS Restaurant project located Washington Street in the City comments: • The new driveway location cannot be closer than 500 feet to the Washington Street intersection. Caltrans would like that distance indicated in a revised version of the plot plan. • The developer should put up a bond for future widening of SR -111 to six lanes, fronting the property of the proposed development. Caltrans engineers are currently working on a Project Study Report east of this project, the actual right of way need will be determined upon its completion. If you have any questions concerning our comments, please contact Mark Baza at the above number. JESUS M. GARCIA District Director By ?w GENE POUND, Chief Transportation Planning Branch GP /MB:pb cc:GPound BGorchak /MBaza MMcManus /FYazdan HJackson /GPinhero T/P File To • MAR 3 0 1990 TRANSMITTAL MEMO -' CITY ENGINEER - -- CITY MOGER - F IRE MARSHAL RECEIVED COFi � I TY SAFETY - -- APR - 6 1990 p '!�" .••�'�►• ►�. �4 mil.' . t'Y'r _!JP�I': T..rI LlV7 �! �'. Qt �. t.PY�IIV�irl From:' }� PLANNING .& DEVEEOPMEMI DEPT. Subject: PROJECT REVEW Case : - �gq -41 ► ci r - �s PLEASE REVIEW AND PROVIDE ANY COMMENTS YOU MAY HAVE ON THE ATTACHED ITEM BY - �,prr -� !3',•io'; COMMENTS r. -, r po ; -6 / i iii . was . i 4- 0 1. K March 21, 1990 Mr. Stan B. Sawa Principal Planner City of La Quinta Planning Commission P.O.. Box 1504 La Quinta, CA 9225 Dear Stan: CITY OF LA 9UINTA ROB THIBAUT President SANDY SAXTEN Chairman of the Board 045182 10 3071 03 -29 -90 i0 MISC. i 380.00 0013400034010 10 CASH i TOTAL 1 380.00 i AMOUNT TENDERED 380.00 CHANGE ,00 THANK YOU Please consider this letter to be a request to process an amendment to our Plot Plan No. 89 -417. As explained in more detail on the attached pages, this new modified design will be significantly, better for our project and for the City of La Quinta. Generally, we feel that a design which reflects the architectural heritage of the city's most noted building, the La Quinta Hotel, will be a tremendous draw for the restaurant and a .special additional landmark for the city. I also have enclosed a check for our application costs of $380.00. Please let me know if you need any additional information. Best Regards. Sandy Saxten SS /pas Enclosures I :,r r�Aa 2 6 1990 CITY OF LA QUINTA ?LANN!NG & DEVELOPMENT DEPT. IO 51 CASH i OTOTAL3129 -q 380.00 10 T S RESTAURANTS OF CALIFORNIA AND HAWAII 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 . (619) 942 -1300 Lahaina . Kapalua . Kaanapali Poipu Beach . Cardiff . Del Mar . Lake Tahoe The Cliffhouse La Quinta, California PARKING REQUIREMENT SUMMARY March 23. 1990 Using the Urban Land Institute 'Shared Parking' methodology': PROJECT SUMMARY Offices: 10,000 S.F. of Gross Leasable Area (G.L.A.) Restaurant: 5,800 S.F. of Public Area (area in front of counters, not storage areas, not employee areas, not restrooms) PARKING REQUIREMENT WEEKDAY Offices: 1.0 parking space per 250 S.F. G.L.A. Restaurant: 20 parking spaces per 1000 S.F. of Public Area SATURDAY Offices: .1667 parking space per 250 S.F. G.L.A. Restaurant: 20 parking spaces per 1000 S.F. of Public Area NOTE: Use of restaurant by office employees for lunch and cocktails is not factored in as an overlap. Peak parking demand will most likely occur on a weekday in June (exhibits C1 and C2, U.L.I. 'Shared Parking') which gives a factor of 100% for both uses. Hourly parking accumulation Analysis: Adjusted peak ratio (from above) x Floor Area x [Peak accumulation value (8:00 p.m.) / Peak Value] Office: 1.0 x 40 x (.2 divided by 3.0) = 2.6 or 3 spaces Restaurant: 20 x 5.8 x (20 divided by 20) = 116 spaces TOTAL PARKING SPACES REQUIRED: 119 TOTAL PARKING SPACES PROVIDED: 120 'ULI = the Urban Land Institute, "Shared Parking," Washington, D.C.: ULI, 1983. City of La Quinta recommended methodology for calculating acceptable required parking. C► CE p THE CLIFFHOUSE at LA QUINTA SCHEMATIC DESIGN WILLIAM 7MISTCAYSKI ASSUCIATF.S ^ FIARCII I. Vn., ARCIIITECTS ID O,EH gzEo wove eE.0 REFLECTED CEILING PLAN SCuE THE CLIFFHOUSE at LA WINTA SCHEMATIC DESIGN WILLIAM ZIMIN7CA"KI ASSOCIATES MARCH I, I'M) ARCHITECTS k, x� w� LINE :RYC£8It ` -�\ ,,. � EFL* °"�? \ J -- ��, °.� / '• 1 �� �I I�III I � � 1 h� Mi)-- `\ \/ J i C- / cMl y \' 1 Q .�./�: As �7 ��..3 �;� .:.. r�:. ••e Vie. y > ge -p �. fi '••. � •tea i V rZ / ° SprE SITE (PLAN lame Ir - r -o• 111p1/�� I i I THE CLIFFHOUSE 7 � r at LA QUINTA N J ) SCHEMATIC DESIGN WII.I.IAM ZMISft WOSKI ASSAVIATES ^ ^ MAHCII 1. I!Ch1 ARCHITECTS - // o IO io 40 EXHIBIT CASE NO. PIP IN 41-7 Ts P— aura vr-n 1 i I I 1 LOWER LEVEL FLOOR PLAN SC&F 118'-f -0' THE CLIFF SCHEMATIC DESIGN at LA QUINTA TA WILLIAM J\IIS7l1\VSKI Ati10CIATES �I�II� ^� \IARCII I. I.'KMI ARCHITECTS 11 Y1 �� C3 ID FtECEFnON PATIO J� OPOASCE ;wi6D4s M NO I R -1 Ll' WAITING AT �l I DINING ON w M-NG 32 -mm BMIOI)ET "LPWD- MEN WON AT— 42 171 'ANUCAP ,,HDGAP skmcF QD ,CC FIRENT 8 49 ON PTION O C) 0 0 0 (D O v X7135 tit F P.. Ink— UPPER LEVEL FLOOR PLAN SC E V8'-f-O' THE CLIFFHOUSE at LA QUINTA SCHEMATIC DESIGN WILLIAM Z.\IISIIAVSKI ASIAVIAIES J_Imo, 1 MAKCII I. AKCIIIIIVI� ... ; F. S •t� salsa — �II�Iill ..,��7,�. l �a��IfHl llll�lll 111 If■ OEM iiii iii ,a ■ ■ tl ■ n m�� a. ■I' ■■■■uouu m w lu■■ If■■■ Is■■■ ti IIII _ tall If ■ ■■ It ■fit •T'; "': P n WEST ELEVATION SCALE V6 - f -0' F EAST ELEVATION SCALE VE' - f -0' THE CLIFFHOUSE at LA gJINTA WILLIA Ni %MISIYAVSKI ASSOCIATFS ARCI I ITF.CTS SCHEMATIC DESIGN MARCH 1. IOW n NORTH ELEVATION (A)_N '� VB' C SECTION SCALE VB' - f -0' THE CLIFFHOUSE at LA QUANTA WILLIAM Z \IISiiTVSKI ASSOCIATES ARCHITECTS _ _0 n. -V VE —0 us Ws _0_ M SOUTH ELEVATION �J SCALE ve' - f -o' SECTION SCALE VB' - f -0' SCHEMATIC DESIGN r-1 ..... 7 MARCH I, Ik", DESIGN COMMENTS LA QUINTA RESTAURANT AND OFFICES Aon z .0e over the last several months since our approval of the plot plan in September 1989 by the city of La Quinta, our company has studied several different approaches to the design and theme of our proposed restaurant and to a lesser extent the office building. we now feel that the best overall approach for the restaurant is to capture the architecture and ambience of the 1920's as epitomized by the old La Quinta Hotel. This era and architecture is what made the area of La Quinta special and unique to the rest of the desert cities. Development of this new theme and new architectural schematic plans have resulted in the following changes to our original application: 1. Architectural Design: The overall design has been directed to the exact style of the old La Quinta Hotel. Toward this end, the building is less massive; traditional tile roofs are used throughout; chimneys, shutters, windows are again reflective of this style. _ 2. Site Plan: While the general approach of a restaurant to the south and office building to the north is the same, the restaurant has been moved a little to the south to gain two advantages. One, the restaurant now has more room for patios between the restaurant and the hillside which will be a wonderful space to sit in. Two, the parking between the restaurant and the office building breaks up the mass of the two structures and gives each a more distinct character. 3. New Restaurant Entry Driveway: In further studies, we felt the driveway under the restaurant would be difficult to build and to make attractive and would be too claustrophobic for the arriving customer. The new entry is more efficient, more dramatic with the rock outcropping supports, and more attractive with the ports cochere and semi- circle drop off. J i Design Comments La Quinta Restaurant and Offices March 20, 1990 Page two 4. Height of the Restaurant: Here, we have lowered the building's main floor level from about 120' to under 115'. The combination of taking the driveway out under the building as discussed above and lowering the elevation has allowed us to situate the restaurant more on grade, on the slope with more landscaping and rocks with less posts and retaining walls. Overall, the effect is more natural, more as one would imagine it might have been built in the 1920'x. We believe the roof high points are still within the 35 foot height guidelines set in the city codes. S. Water feature on Hillside At this point we have not refined our studies of the water feature. The language in our prior approval is fine for now and after we get -the building designs finalized we will hire a waterscape designer to further develop what the water feature will be. I would hope to show the city staff more detailed plans by mid - summer. 6. Colors of Buildings In keeping with the new design style we want to use an of f white or bone white for the stucco of the restaurant with a "washed out" orange /tan the roof. We think the subdued white color is important to the historical design. For example, the older La Quinta Hotel is white while more modern developments like Santa Rosa cove are usually tan or peach. The office building would be more towards tan than the restaurant as we want the two buildings to be distinctive. We will bring color chips and tile samples to the Planning commission meeting along with our colored rendering. r� ,w February 20, 1990 Dawn C. Honeywell, Stradling, Yocca, 660 Newport Center Box 7680 Newport Beach, CA. ,chore✓ llco� ort mdl ESQ. Carlson 6 Rauth Drive, Suite 1600 92260 Re: TS Restaurants Land Acquisition La Quinta, California ( the "Property ") Dear Ms. Honeywell: J-P MAR 2 8 1980 LfI Ul- LA QUINTA OLANNING & DEVELOPMENT DEPT. Pursuant to the letter dated February 14, 1990 from Jerry D. Palmer directed to you concerning the revised Grant of Easement and Hold Harmless Agreement indicating changes, we find same in order and meets with our approval. Very Truly Yours, BAY SHORE INCORPORATED, PENSION FUND Michael J. hovlin, Trustee LORD FLETCHER INNS, INC. By i.�.. Ronald Fletcher, President cc: City of La Quinta TS Restaurants 71 -084 TAMARISK LANE • RANCHO MIRAGE, CA 92270 • (619) 324 -5485 i 'If =5 RECEIVED OCT 6 1989 October 2, 1 98 CITY OF LA QUINTA WANNING & DEVELOPMENT DEPT. Stan B. Sawa City of La Quinta Box 1504 La Quinta, CA 92253 RE: Plot Plan No. 89 -417 Dear Stan: ROB THIBAUT President SANDY SAXTEN Chairman of the Board I enclose a recent finding by David McCarthy of the California Eastern Archaeological Inventory Center. This report indicates that the previous study does cover the subject site and that further investigation is not recommended. Would your staff please read this opinion and confirm that condition #17 of approval has been satisfied. Thank you very much. Best Regards. Sandy Saxten SS /pas Enclosure T S RESTAURANTS OF CALIFORNIA AND HAWAII 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 • (819) 942 -1300 Lahaina . Kapalua . Kaanapali . Poipu Beach . Cardiff . Del Mar . Lake Tahoe C California Archaeological Inventory Eastern Information (;PntPr Sandy Saxten T S Restaurants of California and Hawaii 2526 South Highway 101 Cardiff by the Sea, CA 92007 Dear Mr. Saxten; Archaeological Research Unit University of California INYO Riverside, CA 92521 MONO RIVERSIDE (714) 787 -3885 September 28, 1989 (RS -1034) We received your request on September 26, 1989, for an archaeological records search for the property designated Plot Plan No. 89 -417, located in Section 19, T.5S, R.7E, SBBM; near Indian Wells in Riverside County. We have reviewed our site records, maps, and manuscripts against the location map you provided. Our records indicate that an archaeological survey has been conducted on the subject property. The survey was conducted by David Van Horn, ,Archaeological Associates Ltd., in August, 1980. No archaeological sites were recorded as a result of the survey, therefore, no further investigation is recommended. The survey report entitled "Archaeological Assessment of Happy Point, Coachella Valley, Riverside County" is designated MF -1073 in the Information Center files. If, during construction, cultural resources are encountered, the area should be re- evaluated by a qualified archaeologist in order to prevent destruction of any such resources. Sincerely, k OCT 6 1969 C11Y Ut- LA QUINTA PLANNING & DEVELOPMENT DEPT. Daniel F. McCarthy Information Officer rt -- l� J T4ht , s /mow,, J, v_ 78 -105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 September 18, 1989 S Mr. Sandy Saxtkn T S Restaurants of California & Hawaii 2526 S. Highway 101 Cardiff by the Sea, CA 92007 SUBJECT: CITY COUNCIL ACTION ON PLOT PLAN NO. 89 -417 e Dear Mr. Saxton: The City Council, at the meetin, the above application which restaurant /office complex in approval was- granted subject the Planning Commission with condition: 3 of al La to the September lows the Quinta. the condi addition 6, 1989, approved construction of a The City Council tions recommended by of the following 25. Water is approved at the lower elevation and the Applicant shall be allowed to resubmit at a higher elevation if he can justify it. Attached is a copy of the approved conditions. Should you have any questions, feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR Stan B. Sawa Principal Planner SBS:bja cc: John Walling, Architect Enclosure BJ /LTRSSKIR NG ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 FROM 8.29.1989 13:19 — P. 2 RECEIVED AUG 2 9 1989 ply q A ROB THISAUT President CITY OF LA QUIN 1 SANDY SAXTEN chairman of the Board PLANNING & DEVELOPMENT DEPT. a -47 LV10J . August 29, 1989 La Quinta Planning Commission Members La Quinta Planning Commission P.O. Box 1504 La Quinta, CA 92253 Dear Planning Commission Members: Please accept my apology for not being present at your --- meeting today, my schedule would not permit it. As you know, I did meet with the City Council in late July and went over their concerns. I was also available last week. Please do not let my schedule conflict in any way indicate a change in our enthusiasm and commitment to this project. Because of the concerns of the La Quinta City Council regarding the height of the waterfall on our proposed project on Highway 111, we have made some adjustments to the waterfall. Although we still feel strongly that the water feature on the mountain is important to the success of the restaurant, we also understand the city's concerns to control it's mountain slopes. As we have previously stated we plan on having a Geological Technical study done to determine the stability of the rocks and boulders on the mountain. We will make sure that no erosion takes place, -that the wailer feature is safe in every way, and that the entire mountain keeps its natural look. Using local landscape and waterscape architects and engineers, we are confident that we can construct a building and water feature _that will satisfy both the City's concerns and our desire to have a dramatic dining experience. Again, thank you for your consideration and we look forward to working closely with you on this project. Sincerely, Pxld O*VA-4 Bill Parsons TS Enterprises, Inc. Vice President BP /pas _ T. S RESTAURANTS OF CALIFORNIA AND HAWAII - 2826 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 . (019) 942 -1300 Lahalna . Kapalua . Keanapall . Po1pu Beach . Cardiff . Del Mar . Lake Tahoe �- 1, t� .. , �,„ .,. cW COACHELLA VALLEY -_ ARCHEOLOGICAL SOCIETY August 16, 1989 Stan Sawa Planning Division City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mr. Sawa, AUG 17 999 CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. Thank you for consulting us and forwarding a copy of the report from Archeological Associates, Ltd on Plot Plan 89 -417. At this point, since no archeological material was found during the foot survey and record and literature searches have been done, the Condition:_; of Approval #17 only requires that archeological monitoring be done during the grading and,-'-=bite preparation stage. However it would be wise to emphasize to the permittee that the site is still potentially sensitive, especially.as far as burial sites are con- cerned. Since any burials would probably be Cahuilla, whoever handles the monitoring should be prepared to contact the Tribal Council at once if burials are found. Sincerely, Carol Panlaqui 630 Plaza Amigo Palm Springs, CA 92262 ,N 78 -105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 August 11, 1989 Coachella Valley Archaeological Society (CVAS) Ms. Carol Panlaqui 630 Plaza Amigo Palm Springs, CA 92262 SUBJECT: ARCHAEOLOGICAL REPORT FOR PLOT PLAN #89 -417 IN LA QUINTA Dear Ms. Panlaqui: I am writing to you since I understand Gale Broeker is out of town for awhile. Ms. Broeker sent a letter (see attached) to the City Planning Department pertaining to a restaurant proposed for the north side of Highway 111, 1200 feet west of Washington Street, adjacent to the west side of Point Happy. The letter pertained to archaeological concerns on that property. As requested, the Applicant has submitted part of a Riverside County Planning report pertaining to archaeological study and research of the site and adjacent area (see attached). The restaurant approval requires archaeological study and mitigation, if necessary (see attached Condition #17), developed jointly by the City and CVAS on a prior project. The City would like CVAS to review the information submitted by the Applicant and let us know whether you believe this is sufficient or whether additional study or documentation is needed. BJ /LTRSSMRGG ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 Should you have any questions or need further clarification, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR Stan Sawa Principal Planner SS:bja cc: Gale Broeker Attachments:— 1 -. Location.Map 2. Letter from Gale Broeker 3. Archaeological information 4. Conditions of Approval #17 (excerpt) BJ /LTRSS.002 lq�,. Qcma c. AV. p. JTORAf cHA��ft h �v �t J 774TE 0� V� Q �P$R- ql-7_. o Z wcINIrY AfAP <f N,r.l. w CASE MAP `"�"' PP 89 -417 TS RESTAURANTS rN. ORTH SCALE: NOT TO SCALE ____ ____ - -- 11. Along west property line a 4 -foot high decorative masonry wall /berm shall be provided. 12. Any scarring of hillside caused by this development shall be treated chemically to match existing rocks. 13. No alterations or construction on hillside other than that allowed by this approval, shall occur without prior approval of Planning Director. 14. 11 -foot wide spaces for end spaces with restricted back -up area and handicap spaces per City code requirements shall be provided. 15. A sign program for all signs shall be approved by the Planning Commission prior to construction of sign(s). 16.. Exterior. colors visible to Highway -111 shall "blend ". with natural color of Point _ Happy. 17. Prior to issuance of any grading or building permits, developer shall cause City of La Quinta to retain a qualified archaeologist at developers expense, to review prior Archaeological Study RIV -150. If subject site is not completely covered by previous study, on -foot survey of site shall be done and mitigation and monitoring plan for artifact location and recovery shall be prepared. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: a. Identify the means for digging test pits; b. Allow sharing the information with the CVAS; and C. Provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Planning and Development Department for final review and approval. Prior to the issuance of a Grading Permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. A list of qualified archaeological monitor(s), cultural resources management firm employees, and any assistant(s) /representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail to the Planning and Development Department. BJ /CONAPRVL.004 - 2 - jGosi t+u. EA tio. - ;,ate ARCHEOLOGICAL ASSESSKDrr FORM Uversid* County Planolag Department STAR USE ONLY This form is designed to provide additional iafornation for the Initial Study process of environmental review. The form is divided into too pares. Part.I is a sot of questloas and actacnnencs for all projects when archeologi:al field reconnaisaauca is required. Part II is to be completed only when cultural resources have been located during the field recoaaais- song . All anyvers and scaceaencs Should be presented In a complete and cunelac manner. Provide two (2) copies of this fora to the Planning Department. RECEIVED PA I AUG - 91989 A. Q1a3TIUS 'CITY OF LA QUINTA :. Outline the methodology and •coy* of woe: d.)cs iac udia, fiel0 tp►p & DfyHOPMEMr Dflr* Three categories of work were performed in order to assess the archaeo- logical potential of the subject property: (1) Field Reconnaissance (2) Records Search (3) Literature Review Items (2) and (3) are described in paragraph 2 below. The field reconnais- sance will be described here. The subject property is a 6.2 acre tract located near the intersection of Washington Street and Highway 111 near Indian Wells . It is bounded by a flood control channel on the north and west and by Highway 111 on the south. The eastern boundary is a line which runs approximately midway between the hill called "Fbint Happy" and the intersection of Highway 111 and Washington 2. Whac informants wore consulted: Also tovide the resluce oti'd u record sic p your rtcor s c, c.c. A records search was conducted by Dr. D.M. Van Horn at the Archaeological Research Unit, University of California at Riverside, on August 13, 1980. The results of the search indicate that the subject parcel is in an area which is rich in archaeological material. Indian Wells, just west of Point Happy, has been listed at Riv-64 by Smith who recorded cremations, workshops, and kilns for the site (1954). It was partially destroyed when the flood control channel was dredged. Indian Wells was also surveyed by McWilliams in 1972 and is mentioned by Morjorie Dougan (1921). Riv -150 is situated east of Point Happy. The record map at UCR shows the site as do area covering more.than an entire section of land, but also pinpoints certain loci within the area. The closest of these loci was situated just east of Point Happy and was discovered by Wildeson who was working prior to the construction- of the Washington Street Bridge. He says in a letter (5/30/74): A large archaeological site was located at the proposed Washington Street Bridge ... An extensive deposit of J. List the :yprs of cultural rtsOurres obirrve4. (cont'd on attached sheet) While the results of the records and literature searches suggested a high degree of likelihood that an archaeological site might be situated on the subject property, none was found during the field reconaissance. Considerable ethnographic information relating to the Indian Wells Cahuilla was recorded by Duncan Strong early in this century (Strong 1929). Among other things, Strong Discusses the Chauilla clans at Indian Wells and Palm Springs: The sewahilem clan had gathering territories around the village (Palm Springs] , and up in the mountains to the west where they went in the spring. At a comparatively late time the nonffiam clan moved to this place from their earlier home at Indian Wells. At this time the latter clan had seven houses, and while previously they had been under the acticitcem net (chief] at kavinic (Indian Wells) when they moved they appointed the oldest man of the clan as net and became an independent ceremonial unit (ibid. 53). Strong also relates the migration legend of the sewahilem clan as told to him by Akasem Levi at Torres in 1925: Aswitser (eagle flower) stopped first at Happy Point (near Indian Wells) where he left the imprint of his elbows and knees in the rock. From there he came south along the San Jacinto Mountains to a place* west of Toro ... (ibid. 86). These brief notes are not exhaustive and are presented only to illus- trate the point that the subject property is in an archaeologically sensitive and ethnographically well -known area. However, no archaeological material was discovered on the parcel during the survey. ARCHAEOLOGICAL ASSOCIATES, LTD. • •• ............. .•� • •� - .. vV V1 \1n1 ..IVY DARAY / s =. T� -ROy0• •.• v 1 Water o • ` Y'; � 111 ft r .. y 1 IndisM Wells NiPOY so .`, sw 72 •� 1 CO t ui �l I' •\�`= �` � � Well � •• �/� ,r. •1� I f Figure 1. Subject Property Plotted on the 7.5' La Quinta Quadrangle. ARCHAEOLOGICAL ASSOCIATES, LTD. r) r rn 0 r- 0 C) r) r- 0 r) rM to 0 7— N Y 41- v zi. ao ro LO—W b. Point'Happy from the East. Highway Ill at right forms the Southern Boundary. Line is Eastern Boundary a Eastern Property Boundary (Flood Control Channel at Left) Looking Southwest from North- west Property Corner. l— DESIGN COMMENTS LA QUINTA RESTAURANT AND OF'F'ICES over the last several months since our approval of the plot plan in September 1989 by the city of La Quinta, our company has studied several different approaches to the design and theme of our proposed restaurant and to a lesser extent the office building. we now feel that the best overall approach for the restaurant is to capture the architecture and ambience of the 1920's as epitomized by the old.La Quinta Hotel. This era and architecture is what made the. area of La Quinta special and unique to the rest of the desert cities. Development of this new theme and new architectural schematic plans have resulted in the following changes to our original application: 1. ,Architectural Design: The overall design has been directed to the exact style of the old La Quinta hotel. Toward this end, the building is less massive; traditional tile roofs are used throughout; chimneys, shutters, windows are again reflective of this style. 2. site plan: While the general approach of a restaurant to the south and office building to the north is the same, the restaurant has been moved a little to the south to gain two advantages. One, the restaurant now has more room for patios between the restaurant and the hillside which will be a wonderful space to sit in. Two, the parking between the restaurant and the office building breaks up the mass of the two structures and gives each a more distinct character. 3. New Restaurant Entry Driveway: In further studies, we felt the driveway under the restaurant would be difficult to build and to make attractive and would be too claustrophobic for the arriving customer. The new entry is more efficient, more dramatic with the rock outcropping supports, and more attractive with the porte cochere and semi- circle drop off. 1, i t i 1 Design Comments La Quinta Restaurant and Offices March 20, 1990 Page two 4. Height of the Restaurant: Here, we have lowered the building's main floor level from about 120' to under 1151. The combination of taking the driveway out under the building as discussed above and lowering the elevation has allowed us to situate the restaurant more on grade, on the slope with more landscaping and rocks with less posts and retaining walls. Overall, the effect is more natural, more as one would imagine it might have been built in the 1920's. We believe the roof high points are still within the 35 foot height guidelines set in the city codes. 5. Water feature on Hillside At this point we have not refined our studies of the water feature. The language in our prior approval is fine for now and after we get the building designs finalized we will hire a waterscape designer to further develop what the water feature will be. I would hope to show the city staff more detailed plans by mid - summer. 6. Colors of Buildings In keeping with the new design style we want to use an off white or bore white for the stucco of the restaurant with a "washed out" orange /tan tile roof. We think the subdued white color is important to the historical design. For example, the older La Quinta Hotel is white while more modern developments like Santa Rosa cove are usually tan or peach. The office building would be more towards tan than the restaurant as we want the two buildings to be distinctive. We will bring color chips and the samples to the Planning commission meeting along with our colored rendering. X-d MEMORANDUM TO: Ron Kiedrowski, City Manager FROM: Frank Reynolds, Director of Public Works/ City Engineer DATE: August 10, 1989 SUBJECT: Technical Traffic Committee A called meeting of the Technical Traffic Committee was held at 11:00 A.M. on Wednesday, August 9, 1989. Attendance included: Members: Lloyd Hughes, Caltrans Charley Clay, Desert Sands School District George Conroy, Sheriff's Department Ronald Friedli, Sheriff's Department Dick Barrera, County Road Department Roger Hirdler, City of La Quinta Frank Reynolds, City of La Quinta Staff: Steve Speer, City of La Quinta Guests: John Walling, Walling & McCallum Associates Jerry Herman, City of La Quinta Stan Sawa, City of La Quinta NEW BUSINESS: Access to proposed restaurant at Point Happy from Highway 111 Mr. Reynolds brought the meeting to order and commenced with an oral synopsis of the proposed commercial development located on the north side of Highway 111, between the C.V.W.D. Flood Channel and the rock outcropping know as Point Happy. In his initial briefing, Mr. Reynolds specifically identified vehicular access to the restaurant site as the topic for discussion, and noted that Caltrans, who has jurisdiction of Highway 111, had not addressed the access topic during their review of the project a few weeks earlier. Mr. Reynolds concluded his remarks by stating that when the City Council reviewed the proposed development, it expressed concern regarding the type of vehicular access to the site that would be permitted. As a result of the Council's desire for more information regarding the traffic issue, they referred the topic to the Committee for input which will in turn be forwarded to the.Planning Commission. 4 �.. ,, . , a Mr. Reynolds yielded the floor to Mr. Herman who provided an additional oral presentation /orientation about the specific nature of the commercial development. When Mr. Herman concluded his short presentation Point Happy area prepared by Public Works staff, further orient those in attendance. During the Mr. Hughes (Caltrans) pointed out the twin double create a painted median island directly adja, access point to the development site. Discussion followed the video presentation. a video tape of the was presented to video presentation, yellow lines that gent to the proposed Mr. Hughes stated that Caltrans had no objection to permit vehicular access to the development site as provided by the current traffic striping since there is adequate sight distance in both directions (approximately 1000'+ as observed from a point 15' north of the traveled way) for vehicles that exit the development site. It was further observed that current traffic striping legally prevents left turn movements in to, and out of, the development site, hence allowing only right -turn in and right -turn out access. Mr. Walling (project architect) then inquired about the possibility of installing left turn pockets to provide full access to the site. Mr. Hughes initially indicated that he didn't think Caltrans would approve left -turn pockets, because of prevailing conditions in the immediate vicinity such as: 1) the accident frequency east of the development site at the Vons market access point, 2) the bridge over the C.V.W.D. flood channel is not wide enough to accommodate a left - turn lane, and 3) there is insufficient distance between access points to the east and west of the development site where left -turns are currently allowed, to accommodate back -to -back left turn pockets. The insufficient distance is due to Caltran's desire to provide for deceleration clear of the through - traffic lanes, therefore, the left -turn pocket needs to be approximately 400 -500 feet long plus additional length to allow for storage. Additional discussion ensued, consisting of predominately, "what if" type questions that precipitated Mr. Hughes retreat to Caltran's official position which is: if the developer'desires to revise the current traffic control configuration, he must apply for an encroachment permit and submit traffic study data to support the adequacy of the proposed traffic control revision. Upon receipt of the permit application Caltran's would then comment on what the developer desires. Mr. Walling (project architect) noted the encroachment permit process is several months in length and raised an open question to the Committee to inquire if there was a way to get the project approved without Caltrans' comments on vehicular access to the development site. Mr. Herman responded indicating the project could be processed through the City's approval procedure as having right- turn -in, and right- turn -out access, with a footnote that the developer, through a 9 concurrent independent action with Caltrans, would seek full access to the site. At Mr. Herman's request, Mr. Reynolds summarized the Committee's recommendation. The recommendation is: the developer may proceed through the City's approval process with vehicular access to the development site being restricted to right- turn -in and right- turn -out only, with the additional provision that the developer may seek improved access to the site via Caltran's approval procedures. Mr. Reynolds asked for comments regarding the recommendation to which the Sheriff's Department responded. Lt. Conroy suggested that a raised median island or a barricade in the median be required as it otherwise would be time consuming to enforce compliance of the twin double yellow lines. However, Mr. Friedli withheld the requirement deferring consideration of same to a future date when the outcome of the developer's full access request to Caltran's is known. Mr. Hughes made a final comment noting that Caltrans would not approve a barricade in the median, but would consider a raised median if formally requested. Whereas, no additional comments, or requests for modification were heard, the Committee's recommendation remains as stated. The meeting adjourned at 12:00 PM (Noon) : L" -, I i. -).rl t.: 01 yj I':) t, r, S p J-j '-) 1:3 -1 !,v C3. 1 -,1 F- `.l ..-, 13 J; IF, I r1l.! i (,I,-) F 1-- c i e-) -1 0 3 il L� I o iz n, JO f r) 8 C W.' 6 n-9 f: ri c ci u F� b u .%'j :9 f CAF. d Z), i .anB,qv erij -iovo, p ,n, i r, .,re "I:j i v4 j((1'9 -1 (D f; Or "DU 0-1 (flee•,. ew j -) 9 c) (I J eil-tc,c cl v 9 r4 J i r o J f IJ _0 Lf I triI J, J C) F be 'J t i f cm I ;1l It �--: �-'.Ev J� tje,-4,'i c) i o w 4-a-f-,iur I f; r -I ID J r� V, (TI f J:j, I f aF- 96.: d, 1-1 iFy 7F 1. t)riJ brif., `.: ;4f J rl'.: J ri e 9J S 0 rl F yLf t:--D tj 91.1 J ,-9,v f;i 11 .0,J 7 i a.--b 10o b f 1 F, .z- F 1 -1 -j I 100 c 0 I a j tic i -jv; ;.(:)llf tiff ri y ri r .5 ROB THIBAUT President , SANDY SAXTEN Chairman of the Board August 10, 1989 La Quinta City La Quinta City P.O. Box 1504 La Quinta, CA Council Members Council 92253 Dear Mayor Pena and City Council Members: Thank you for your input and support on our proposed restaurant project at the last City Council meeting. We feel as strongly as the City that the location is a unique and significant site, being located at the entrance to the City of La Quinta. Our company's goal is to be able to build a unique project that will remain exciting over the years. Although we seem to be in agreement with the course on most points in the development of the project, I feel the need to stress, once again, how important the water feature on the mountain is 'to the success of the restaurant. The entire design of the restaurant (and we feel its long term viability) is centered around the waterfall. We plan to keep it very natural and understated and will disturb the hillside as little as possible. We will make sure no erosion takes place and that the water feature is safe in every way. Using local landscape and waterscape architects and engineers, we are confident_ that we can construct a building and water 'feature that will satisfy both the City's concerns and our desire to have a dramatic dining experience. Again, thank you for your consideration and we look forward to working closely with you on this project. Sincerely, &V Power Bill Parsons TS Enterprises, Inc. Vice - President AUG 15 1989 CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. T S RESTAURANTS OF CALIFORNIA AND HAWAII 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 . (619) 942 -1300 Lahaina.. Kapalua 9 Kaanapali 9 Poipu Beach . Cardiff . Del Mar . Lake Tahoe r .. x :` � -. ._ �. n..,y .. ,� * i� .. "i' %Casa Ho. , FA YO. a- inca ARCHEOLOGICAL ASSE;SM&W FORM Biversids County Planniag Department Report No. TL4." USE. ONLY This form is designed to provide additional information for the Initial Study process of environmental review. The fore is divided into two parts. Part.I is a set of Questions and attachments for all projects when archeological field raconnaissancs is required. Part II is to be completed only when cultural resources have been located during the field reconnais- sanc.a. all answers and scaceaents should be pcesenced in s complete and concise manner. Provide .wo (:) copies of this form to the Plaaning Department. 1U1-_1\ECE.NED PART I AUG - 919G9 A. QMT: CMS CITY OF LA QUINTA Outlive the methodology and scope of work data including fieloLoM & DEVELOP ENT DEPT. Three categories of work were performed in order to- assess the archaeo- logical potential of the subject property: (1) Field Re connaissance (2) Records Search (3) Literature Review Items (2) and (3) are described in paragraph 2 below. The field reconnais- sance will be described here. The subject property is a 6.2 acre tract located near the intersection of Washington Street and Highway 111 near Indian Wells . It is bounded by a flood control channel on the north and west and by Highway 111 on the south. The eastern boundary is a line which runs approximately midway between the hill called "Ibint Happy" and the intersection of Highway 1111L and Washington :, «'hat informants were consulted; Also provide the reslutseof your records chest) A records search was conducted by Dr. D.M. Van Horn at the Archaeological Research Unit, University of California at Riverside, on August 13, 1980. The results of the search indicate that the subject parcel is in an area which is rich in archaeological material. Indian Wells, just west of Point Happy, has been listed at Riv -64 by Smith who recorded cremations, workshops, and kilns for the site (1954). It was partially destroyed when the flood control channel was dredged. Indian Wells was also surveyed by McWilliams in 1972 and is mentioned by Morjorie Dougan (1921). Riv —150 is situated east of Point Happy. The record map at UCR shows the site as an area covering more.than an entire section of land, but also pinpoints certain loci within the area. The closest of these loci was situated just east of Point Happy and was discovered by Wildeson who was working prior .to the construction- of the Washington Street Bridge. He says in a letter (5/30/74): A large archaeological site was located at the proposed Washington Street Bridge ... An extensive deposit of J. List the :vpes of cultural resources observei. (cont'd on attached sheet) While the results of the records and literature searches suggested a high degree of likelihood that an archaeological site might be situated on the subject property, none was found during the field reconaissance. . 4 1 � ♦ 1 ' 1' 1 � � ' PART I (continued) A.1 ...Street (fig. 3.b). The parcel is situated in Section 19 of T5S, R7E of the 7.5' USGS La Quinta Topographic Quadrangle (fig. 1). The property was surveyed by Dr. D.M. Van Horn on August 13, 1980. It was found to comprise a flat parcel of desert with a high craggy granite promontory known as Point Happy in the center. The flat, sandy portion was covered in transects averaging approximately 15 meters apart while the "Point" was covered by simply climbing among the roks . No archaeological material was observed during the survey. A.2 ... pottery fragments, lithic and faunal remains, and ground stone artifacts occurs at the bridge site. The area of archaeo- logical materials extends for nearly 200 x 1500 feet, on both sides of Whitewater channel. The densest area of cultural. materials. is._ between_Highwayl.l.1_and_..the_ channel, ____ .____ __ on both sides of Washington Street. Wildeson then recommended that an alternative bridge site be selected. The same archaeological site is described by A. Corbin (5 /24/74) who estimates that it extended to either side of Washington Street for a distance of 1133.3 " yards. The area southeast of the intersection of Highway 111 and Washington St. was surveyed by Lipp and Swensen for the Archaeological Research Unit in 1977. They reported two cremations here as well as mano fragments, pottery, shell beads, and a pestle fragment. • Three other loci of Riv -150 are situated about a mile south of Point Happy. These are designated "A " — "C" and consit of sherd scatters sometimes including shell and fishbone. It is clear that while Riv -150 may have only a single num- erical designation, it is actually a conglomeration of sites which should. recieve separate numbers. One other site has been recorded as about a mile northwest of Point Happy. This is Riv -1530 which is a midden recorded by 1. Baldwin in 1978. A hearth, ceramics, shell, bone (animal and fish), chipped stone flakes, and charcoal are all recorded as present here. It would be possible to go into considerably more detail regarding the known archaeological sites in the subject vicinity but the data presented should be sufficient to indicate that the area is archaeologidally sensitive. The presence of pottery, fishbone, and shell at most of the sites in the region indicates. that they should be associated with the late prehistoric Cahuilla occupation of the Coachella Valley. This observation is consitent with the literature relating to the area. Wilke has compiled information relating to the Cahuilla culture and the now desiccated "Lake Cahuilla" which once stood just to the southeast (1978:fig. 26). His work deals with the ecological interrelationship between the Cahuilla and the lacustrian environment as well as the effect which the drying up of the lake had upon the aboriginal population. ARCHAEOLOGICAL ASSOCIATES, LTD. Considerable ethnographic information relating to the Indian Wells Caauilla was recorded by Duncan Strong early in this century (Strong 1929). Among other things, Strong Discusses the Chauilla clans at Indian Wells and Palm Springs: The sewahilem clan-had gathering territories around the village [Palm Springs] , and up in the mountains to the west where they went in the spring. At a comparatively late time the nonhiam clan moved to this place from their earlier home at Indian Wells. At this time the latter clan had seven houses, and while previously they had been under the acticitcem net [chief] at kavinic (Indian Wells) when they moved they appointed the olden man of the clan as net and became an independent ceremonial unit (ibid. 53). Strong also relates the migration legend of the sewahilem clan as told to him by Akasem Levi at Torres in 1925: Aswitser (eagle flower) stopped first at Happy Point (near Indian Wells) where he left the imprint of his elbows and knees in the rock. From there he came south along the San Jacinto Mountains to a place west of Toro ... (ibid. 86). These brief notes are not exhaustive and are presented only to illus- trate the point that the subject property is in an archaeologically sensitive and ethnographically well —known area. However, no archaeological material was discovered on the parcel during the survey. ARCHAEOLOGICAL ASSOCIATES, LTD. References Consulted or Cited in the Records Corbin, A. 1974 Letter regarding Riv- 150 (5/24/74) on file at the Archaeological Research Unit, Uiv. of California at Riverside. Dougan, M 1921 Ancient Indian Camp Sites in Southern California. 1921 -1940. Unpublished typescript on file at the Archaeological Survey Association. Strong, W.D. 1929 Aboriginal Society in Southern California. Malki Museum Press. Banning. (reprint published in 1972). Wildeson, S. 1974 Letter regarding Riv - 150 (5/30/74) on file at the Archaeological Research Unit, Univ. of California at Riverside. Wilke, P. J. 1978 Late Prehistoric Human Ecology at Lake Cauilla Coachella Valley, California. Contributions of the University of California Research Facility No. 38. Berkeley. ARCHAEOLOGICAL ASSOCIATES, LTD. « ................ _ �I 0 110 1 K r ~ •..�Jl� j i.�',• .. Water .. ' „...,;• ` tf Iliac _OARaV _ z z —ROAO bo Witaf • ` ao r J.... t - _ ftttl' 6 \ Indiart Wells - .... �. 1 Ppint a Happy �. BM' 9o_. �' $ CHAN R 72'^ - t J \ '1 ui ( ti's \ - 0 . . Well I �' Figure 1. Subject Property Plotted on the 7.5' La Quinta Quadrangle. ARCHAEOLOGICAL ASSOCIATES, LTD. X a. View along Top of -Point Happy Looking Southwest. b. Northern Property Boundary (Whitewater Flood Control Channel) Looking West. c. Northeastern Quarter of Property Seen from Point Happy (lookirig East). Figure 2 ARCHAEOLOGICAL ASSOCIATES, LTD. ITI ►s W b. Point Happy from the East. Highway 111 at right forms the Southern Boundary. Line is Eastern Boundar} Eastern Property Boundary (Flood Control Channel at Left) Looking Southwest from North- west Property Corner. .Aw� STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11, P.O. BOX 85406, SAN DIEGO 92138-5406 (619) 237 -6976 RIV- 111 -34.5 Bay Club Drive July 24, 1989 PP 89 -417 City of La Quinta 78 -105 Calle Estado P.O. Box 1504 JUL 2 6 1989 La Quinta, Ca. 92253 LA �Uii�TA Attn: Stan Sawa, Principal Planner P MY OF LANNING & DEVELOPMENT DEPT. We have reviewed the plans for TS Restaurants commercial complex (PP 89 -417) located east of Bay Club Drive on State Highway 111. As yov A -re - conducti.nq an initial environmental study on this project, we have the following comments. CALTRANS will probably not have a responsible agency role in the preparation of the EIR for this project addressing the significant impacts on our State Highway 111 and proposed appropriate mitigation measures. The regionally adopted Coachalla Valley Transportation Study recommends the widening of State Highway 111 to six (6) lanes in this area. In keeping with this ultimate roadway width concept, the right -of- way should be 150' plus additional right -of -way for any necessary slopes or other requirements desired by your agency. It should be noted that the traffic generated by this project, when added to the cumulative effect of other existing and proposed de -' velopment in this area, will have a significant impact on State Highway 111 and other transportation facilities in the area. The developer should be required to contribute monies toward improvements to these facilities. If you have any questions regarding our comments, please contact Bill Gorchak or Vann Burst, of my staff_, at (619) 237 -6976. Sincerely, JESUS M. GARCIA District Director Gene Pound, Chief Transportation Planning Branch GP /VH:lw cc:CRWest GPound /VHurst JTCheshire RLCoward /RNickravesh JMMarkey T/P File k r a s. 44 -950 ELDORADO DRIVE • INDIAN WELLS, CALIFORNIA 92210 July`10,.1989 Stan Sawa 4` City of La Quinta CITY OF LA QUINTA , 78 -105 Calle Estada P.O. Box 1504 1989 La Quinta, CA 92253 RE: PP 89 -417 CITY MANAGER Y 4 `tr Dear Mr. Sawa:ff (619) 3462489 The City of Indian Wells appreciates the opportunity to review the above referenced case. Due to the location of the property directly adjacent to Indian Wells' eastern limits, there is concern over the development of this property. A Highway 111 Specific Plan for Indian Wells, is being pre- pared at this time. This document will provide specific development standards and design guidelines for all development along the Highway 111 Corridor. As the location of this site is west of the rock formation, which forms a natural transition between the Cities of La Quinta and Indian Wells, the City would encourage incorporation of the standards set forth in the Indian Wells Highway 111 Specific-Plan. The land west of the project site in the City of Indian Wells is designated Medium Density Residential, with a maximum height restriction of 25 feet. The height of the two story office building and the height of the restaurant pad need to be considered as to their impact on this future residential development. Addi- tionally, noise, light and glare, trash facilities and pickup associated with the project, have the potential to impact this adjacent future residential development and need to be considered. Thank you for your consideration of these issues. We would appreciate being kept apprised of future plans and reviews on this project. BLStdmn Very tr'ully� yours, SATEq 'O�STRIC1 ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (619) 398.2651 DIRECTORS OFFICERS TELLISCODEKAS, PRESIDENT THOMAS E. LEVY, GENERAL MANAGER -CHIEF ENGINEER RAYMOND R. RUMMONDS, VICE PRESIDENT BERNARDINE SUTTON, SECRETARY JOHN P. POWELL KEITH H. AINSWORTH, ASSISTANT GENERAL MANAGER DOROTHY M. NICHOLS REDWINE AND SHERRILL, ATTORNEYS THEODORE J. FISH .July 3, 1989 Planning Commission City of La Quinta Post Office Box 1504 La Quinta, California 92253 Gentlemen: RECEIVED J U L 11 1989 File: 0163.1 CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. Subject: Plot Plan 89 -417, Portion of Southwest Quarter, Section 19, Township 5 South, Range 7 East, San Bernardino Meridian This area is protected from stormwater flows by the Whitewater River and Deep Canyon Stormwater Channels and may be considered safe from stormwater flows except in rare instances. There may be erosion of the banks of the Whitewater River and Deep Canyon Stormwater Channels during periods of unusual rainfall and discharge. The developer shall construct concrete slope protection on the banks of the stormwater channels to prevent erosion. Plans for concrete slope protection shall be submitted to the Coachella Valley Water District for review. A portion of this area is adjacent to the right -of -way of the Whitewater River and Deep Canyon Stormwater Channels. We request that the developer be required to install suitable facilities to prohibit access to this right -of -way. The developer shall obtain an encroachment permit from the Coachella Valley Water District prior to any construction within the right -of -way of the Whitewater River and Deep Canyon Stormwater Channels. This includes, but is not limited to, surface improvements, drainage inlets, landscaping, and roadways. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. This area shall be annexed to Improvement District No. 55 of Coachella Valley Water District for sanitation service. TRUE CONSERVATION USE WATER WISELY J _ ,. .. .. . . � . � . r. � _ J � Planning Commission -2- July 3, 1989 Plans for grading, landscaping, and irrigation systems shall be submitted to Coachella Valley Water District for review. This review is for ensuring efficient water management. If you have any questions please call Bob Meleg, stormwater engineer, extension 264. Yours very truly, t . Tom Levy General Manager -Chief Engineer RF:ra cc: Don Park Riverside County Department of Public Health 46 -209 Oasis Street Indio, California 92201 COACHELLA VALLEY WATER DISTRICT �� r _' .. �.� r RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN NEWMAN FIRE CHIEF NNI Planning & Engineering Office June 30, 1989 Planning & Engineering Office 46 -209 Oasis Street, Suite 405 4080 Lemon Street, Suite I IL Indio, CA 92201 Riverside, CA 92501 (619) 342 -8886 (714) 787 -6606 EQUV W To: City of La Quinta Planning Division Re: Plot Plan No. 89 -417 JUL - 5 1959 CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. With respect to the condition of approval regarding the above referenced Plot Plan, the Fire Department requires the following fire protection measures be provided in accordance with La Quinta Municipal Code and /or recognized fire protection standards: 1:.: Provide or show there exists a water system capable-of delivering 3000 gpm for a 3 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 2. A combination- of:on= site.and off -site super fire hydrants (6" x 4" x 2}" x 2J ") will be located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 3. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). System plans must be submitted with a plan check /inspection fee to the Fire Department for review. A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 4. Install a Hood Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check /inspection fee, to the Fire Department for review. 5. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1013C in rating. Contact certified extinguisher company for proper placement of equipment. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning & Engineering Staff at (619) 342 -8886. Sincerely, RAY REGIS Chief Fire Department Planner By � 0. IDae�� Dennis D. Dawson Deputy Fire Marshal S unLtne 'r+arsit MEMBER AGENCIES Cathedral City Coachella Desert Hot Springs Indio La Quinta Palm Desert Palm Springs Rancho Mirage Riverside County Mr. Stan Sawa Principal Planner CITY OF LA QUINTA P.O. Box 1504 La Quinta, CA 92253 RE: PP 89 -417 Dear Mr. Sawa: June 27, 1989 JUL -5 19F9 CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. Thank you for the opportunity to review the plans for TS Restaurant. As you may know, SunLine operates Line 19 on thirty- minute headways along Highway 111 in the vicinity of this project. Beginning in the fall, SunLine will operate Line 19 on 15 minute frequencies during peak hours. We request that a bus turnout and a passenger shelter be included in the project to be located on Highway 111 near the driveway entrance. The shelter could be designed by our standards or the developer may contact Sunrise Media to arrange placement of a shelter. The maintenance of the shelter is the responsibility of the property owner. SunLine has suggested standards for bus turnouts and passenger waiting shelters. We will be most happy to work with the City and with the developer to create a mutually acceptable design. Yours very truly, SUNLINE TRANSIT AGENCY Debra Astin Senior Planner DA/ kh 32 -505 Harry Oliver Trail • Thousand Palms, California 92276 • (619) 343 -3456 CO of L� u t nta FIR W'no, D!•!t 3tnr. ?C -I n5 . . 3f.: PF D,-,q r 31 s"I'; 1ac t prop ?rtv Si :s origin-illy racoriei +s 1 ,his re orl it! on hAs one 13 on this prop -rt;►, zo lth gi^ros-i F.*.iv 1? � s::Ack in very lar 1 Changed one acro 26 Jun,, 19 ?q the nildle of wh=it as ge = ircli�iPolgicn.l site..R"V -15^. to reflant lore aromas.... ss the ti'hitawRter, three port! ^ns -,i it'r'n D7r :Ion of t1! S pro 1A :`, io-s not "•pre:tr to 1:9ve !ten- -n gl)!`'� P.-?r %,.'FQA ?1 ^a3.Z) 1 ?A,,t!ft ^-�t� .,, anei dPt-- rtnatton of of c`.71 . -ir'il r, csour : °s : 1. BRe'4arvini 3ecords Search a. If not survey by qualified personal `�. If s•lr-eyati, rPvi -v of :-?ports. c. I!' sites recorded, hs�ve :hey be-n t-�stPd ?. 1. 3t Dnt f !dint? - 2. If this 1s part of the ArAa aniexed from Planning sho!il4 hive cope es of any repo - prior devPlopmsAnts aftar 1971. Be advi seal thsit one of the early records 4,49 referr -d to as Happy Hunting iro -vAs Past of Point Happv...`)Ut 11d doesn't Sav 3uriAl rs,J�las r�q•it »P -t :! eat! on ��..7ni county, County rs generated by on the BIG site 41:P ... a cenetery how -,any fit-at tes'* rip. 0 '$ 1 You Gale Broeker CVAS 06/23/89 09-51 $619 346 0407 CTY INDIAN WELLS X. 111�ilsx i .. 0 (612) 34624% M C Y car La QUINTA • NIN ENELOPMENT DEPT. � Wallace Nesbit City of La Quint& 78-105 Calle Estado P.O. RoX 1504 La Quinta, CA 92253 --%C ELDORADO DRIVE INNAN WELLS, CALI"NIA 92210 June 23, 1989 RE: REVISED TtNTATIVE PARCEL MAP N0. 22596 Dear Mr. Nesbit: The City of Indian Wells appreciates the opportunity to review and comment on the above referenced Case. Indian Wells does not object to the proposed parcel map but is concerned with the zoning of Parcel 3 of said map. This parcel is located adjacent to property in Indian Wells, designated for Residential Medium Density (RMD), which is an affordable housing site. It is hoped that, at such time that development occurs on Parcel 3 of Tentative Parcel Map 22596, such use takes into consideration the RMD use adjacent to the west. Additionally, Indian Wells has a Highway 111 Specific Plan in preparation, which should be available later this year. This plan will provide specific design guidelines and development standards for the Highway 111 Corridor. Due to the natural barrier (rock outcropping) between the City of Indian Wells and La Quinta, it is hoped that La Quinta will consider the guide- lines of the Highway 111 Specific Plan for the development of Parcel 3. Thank you for your consideration of the above comments. very truly yours, BRENDA L. SCARCEL I ASSOCIATE PLANNER i BiS : dmn M1 ` RECEIVCD l iuij -) U Ia r COUNTY �• c < <� - -� OFFICE OF ROAD COMMISSIONER 6 ' f CO fr G YOR RIVERSIDE E Q UiNTA DESERT OFFICE PLANNING & VLOPMENT DEPT. LeRoy D. Smoot ROAD COMMISSIONER & COUNTY SURVEYOR City of La Quinta Planning Division P.O. Box 1504 La Quinta, CA 92253 Attention: Stan Sawa Principal Planner ADMINISTRATIVE OFFICE BLDG., ROOM 313 46 -209 OASIS STREET INDIO, CALIFORNIA 92201 TELEPHONE: (619) 342 -8267 June 22, 1989 RE: La Quinta Case #PP 89 -417 Gentlemen: The Road Department has no comments for Case #PP 89 -417. We wish to thank you for allowing us to review the case. WRS:RBB:tf Enclosure: PP 89 -417 map, being returned. Very truly yours, 'fie .0— Warren R. Stallard Road Branch Office Manager DEVELOPMENT REVIEW COMMITTEE REQUEST F'OR COMMENT Of V WOM �- cos calls F.C. a" 104 LA Nifte CA X22W PLANNING DIVISION PHONE: (• 1 O) 564 -2246 TO: DATE: City Manager Palm Desert Disposal �+ Public Works /Engineering -� General Telephone. -":�Z- Fire- Marshal -� Palmer Cable Vision _ Community Safety Department -� Sunline Transit Building Division -Gr Caltrans (District 11 Chamber of Commerce CVWD Agricultural Comnissi City of Indian Wells c-, c_• Imperial Irrigation �— Southern California Gas City of Indio e° Riverside County: ) a vT- DSUSD Planning Department r.21 ^ CVUSD Property Environmental Health a Sheriff's Department Owner's Association Road Department r"' C LD Coachella Valley Archaeological Society SUBJECT: Comments, Findings and Conditions concerning subject project. LA QUINTA CASE NO (S) . -i-f - �`'( - ��►Yk���� a i cow�.p(.t� � ns1� � � � � PROJECT DESCRIPTION: 10, 250 S'P. 44. r� tUV'GV4 + 10 1COLO 159. 4. opota- Q (rGA PROJECT LOCATION: pp &13- ' The City of La Qui�Ca Development Ca�imittee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA) for the above referenced project(*). Attached is the information submitted by the project proponent. Your comments are requested with reppect to: 1. Physical impacts the project presents on public resources, facilities, and /or services; 2. Recommended conditions: a.) that you or your agency believe would mitigate any potential adverse effects; b.) or should apply to the project design; c.) or improvements to satisfy other regulations and concerns which your agency is responsible; and 3. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. nn ..,, Please send your response by QILJ I!4 -7, 1 'q$-1 You are invited to attend the DEVELOPMENT IEW COMMITTEE meeting at the La Quinta City hall scheduled for: Date: Z-u• / 13 1agK Time: Contact Person: 'S++ri Saw A PnYi cij2!a l Pg finer NN,`a Comments made b Date Title Agency /Division 4P Lr, Y-6, c—Uo) VW YY, 1 p Vt.4 Ylno1'�,,,,A Phone y }. COMMENTS ON TS RESTAURANT From the drawings, it appears the entrance driveway is a bit narrow for a fire access lane, and are provisions being made for eastbound Highway 111 traffic access? RH:es MEMORH31 DEVELOPMENT REVIEW GiMMiTTEE REOUES i F'OR COMMENT CM W LA GUMA * 106 C-61W tftft ►.A. %• 104 L& our, CA WM PLANNING DIVISION PHONE: (• 9 •) 564 -2246 TO: DATE : City Manager �- Public Works /Engineering C— Fire Marshal -� Community_ Safety Department Building Division __-- Chambe =-of I Commerce CVWD Imperial Irrigation �- Southern California Gas -� DSUSD CVUSD V Palm Desert Disposal �- General Telephone -� Palmer Cable Vision _7— Sunline Transit Caltrans (District 11) Agricultural Commission City of Indian Wells City of Indio Riverside County: Planning Department Environmental Health Property Sheriff's Department Owner's Association Road Department V Coachella Valley Archaeological Society SUBJECT: Comments, Findings and Conditions concerning subject project. LA QUINTA CASE NO(S). _:FP '?9 - c ono 1411 vp- PROJECT DESCRIPTION: 10, 25(1:> feP. Y iZiUVCV4 + 1 O ,c- IGL Q Ir en PROJECT LOCATION: rIOr- ) --=,�Irya, 4 -oJU, [If I -7Go � a- we-5+ of WQs'Y) IM; �},• r t4 &13- The City of La Quiota Development Review Co mittee is conducting an initial environmental study pursuant to the California Environmental Quality Act (CEQA) for the above referenced project(s). Attached is the information submitted by the project proponent. Your comments are requested with reppect to: 1. Physical impacts the projdct presents on public resources, facilities, and /or services; 2. Recommended conditions: a.) that you or your agency believe would mitigate any potential adverse effects; b.) or should apply to the project designs c.) or improvements to satisfy other regulations and concerns which your agency is responsible; and 3. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. Please send your response by 1U1 -7 You are invited to attend the D LOPMENT MIEW COMMITTEE meeting at the La Quint& City hall scheduled for: Date: SUL-Y 13 1 Time: Contact Person: S+,T �n SCIly4l. RnY)c- i 49Dtl �G(V1neY 1 Comments made by ��'1 �2lli l� Date 41600 Title" 619�%L1iOz Phone Agency /Division rrr �1,c>�2 8�d %r-`� DEVELOPMENT REVIEW (.o- JMMITTEE REQUES•i FOR COMMENT it 106 Calb teaft PA. 104 IS Quint., CA W PLANNING DIVISION PHONE: (619) 604 -2246 ems_. TO: DATE: L City Manager Public Works /Engineering Fire Marshal �- Community Safety Department �i- Building Division Chamber of Commerce CVWD Imperial Irrigation �- Southern California Gas DSUSD CVUSD Palm Desert Disposal �- General Telephone �- Palmer Cable Vision Sunline Transit RECEIVED -� Caltrans (District 11) Agricultural Commission City of Indian Wells City of Indio Riverside County: Planning Department CITY OF LA QUINTA Environmental HealfUNNING & DEVELOPMEWT DEPT. Property Sheriff's Department ` owner's Association Road Department Coachella Valley . Archaeological Society SUBJECT: Comments, Findings and Conditions concerning subject project. LA QUINTA CASE NO(S). PP '99 - If( r�rv� 1�+�►�ci a � conn�7�,c -� co n5c� v, � a-� PROJECT DESCRIPTION: 101 250 S�P. Y-e�-zturraV4 + 1 Of�c� 59. . OP44L G'( VGA PROJECT LOCATION: The City of La Qu environmental study pursuant to the California Environmental Quality Act (CEQA) for the above referenced project(s). Attached is the information submitted by the project proponent. Your comments are requested with respect to: 1. Physical impacts the project presents on public resources, facilities, and /or serviced 2. Recommended conditions: a.) that you or your agency believe would mitigate any potential adverse effects; b.) or should apply to the project designs c.) or improvements to satisfy other regulations and concerns which your agency is responsible; and 3. If you find that the identified impacts will have significant adverse effects on the environment which cannot be avoided through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. Please send your response by (_ }-tj I U► -7 j q'`b-1 You are invited to attend the DEVELOPMENT IEW COMMITTEE meeting at the La Quinta City hall scheduled for: Date: SUL`/ l3 (taS�t Time: �y Contact Person: G'- ?�Vl Sal.") A, Ph Y ciiea 1 T !Gt }�Yley- ............MMMMMMMMMMMMM Comments made by: Date Title / Phone Agency /Division kP L6 T ,.l J' 26 June 1989 City of La. Quinta Planning Division 78 -105 Calle Estrada P.O.Box 1504' La Quinta, Ca. 92253 Attn.: Stan Sawa. Re: PP 89 -417 Dear Sir, The subject property sits smack in the middle of what iaas originally recorded as a very lar ge ..ar. chaeolgical site —RIV -1 50. This recordation has been changed to reflect core areas .... one is on thi-s property, one across the Whitelarater, three portions due south across Hwy 111. The eastern portion of this project does not appear to have been surveyed.. Per CEQA (sQc.21083.2) identification and determination of significance of cultur=al resources: 1. Background rese -arch/ Records Search a. If not slzrveyed— on -foot survey by qualified personal b. If surveyed, review of reports. c. If sites recorded, have they been tested? 1. Si gni f i can`t? 2. Mitigated? If this is part of the area annexed from county, County Planning should h -zve copies of any reports generated by prior developments after 1971. Be advised that one of the early records on the BIG site was referred to as Happy Hunting gro znds site ... a cemetery east of Point Happy —but it doesn't say how miny feet east. Burial remains require mitigation beyond tasting. Th=9 k You, Gale B.roeker C VAS i 4r 4 t �\ t CITY OF LA QUINTA PLANNING COMMISSION NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quint& Planning Commission will hold a PUBLIC HEARING on JULY 25, 1989, at 6:00 p.m. in the La Quinta City Hall Council Chambers, 78 -105 Calle Estado, on the following item: ITEM: PLOT PLAN 89 -417 APPLICANT: T.S. ENTERPRISES LOCATION: NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 1200 FEET WEST OF WASHINGTON STREET - REQUEST: APPROVAL: TO ,CONSTRUCT A. COMMERCIAL., COMPLEX, . CONSISTING OF A. 10,250 - SQUARE -FOOT RESTAURANT AND 10,000- SQUARE -FOOT OFFICE BUILDING IN THE C -P -S ZONZ The La Quinta Planning and Development Department has completed an environmental assessment on the Plot Plan. Based upon this. f assessment, the Plot Plan will not have ra significant adverse s effect on the environment; therefore .., a,Negative Declaration has been prepared. The La Quinta Pl`nning Commission. will consider the. adoption of the Negative Declaration along with the Plot Plan at the Hearing. Any person may submit written comments on the, proposal to: the Planning and Development Department prior.to-the.Hearing and/or may appear and be heard in support of or opposition to the adoption of the Negative Declaration and /or the Plot Plan at the time of the Hearing. If you challenge the decision of this Plot Plan in court, you may be limited to raising only those - issues that you or someone else raised either at the Public Hearing or in written correspondence delivered to the Planning and Development Department at, or prior to, the Public Hearing. The proposed Plot Plan file may be viewed by the public Monday through Friday from 8:00 a.m. until 5:00 p.m. at the Planning and Development Department, La Quinta City Hall,. 78 -099 Calle Estado, La Quinta, California. LO NOT PRINT' BELOW. •.THIS LINE ,PUBLISH ONCE AN JULY 14; 1989 5 v Re r — � � _ , �� �, �t;. i _, JUL 14'96 1'504 LA�QUINTA, CALIFORNIA 92253;` {� ;`` Jr� =�. Y a rx �' Cq LIF P µ�, Aj J�RD, i s�37.30046 h AL'OPd�Y PIARIC E t7.- 3:5145 ;VI.SA.,,�EL SOL IN'DI0, Ck 9.2210 lql I 1504 - LA QUINTA, CALIFORNIA 92253 RtGEIVED JUL 2 4 1989 ('ITV or: I n ^I..�._ 1 513,7 3 0.04.,5 M0RG.AIN F RFDE' RIC :K' 0 &J'At,ET K P 0 SOX 2155 RANCH0 SA E;; CA 92057 —u—/ �.� -- J U.S POSTAGE A JUL 14'81 it?� _..2 5 I; Cq 4 P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 (5F-vo The b v e Cage ,t—'4, 613730010 PP ROBER T VISTA D E L SOL A 9.2.210 -C, j 4S' 44 a" P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 1 00 The 6.13730011 W E1,1C '-,I C Dlult,'C A il & JONNN @6 J -VISTA DEL FU E N-T E N D. 10, -C,A 92210. -.25 AL p a METER u U.S.POSTAGE JUL 1 '89 .25. P. e METER 1504 - LA QUINTA, CALIFORNIA 92253 '? -ze /', 'AT 6.1;i.x/3 0 0 4'; L E Sil I R L E Y #0 7. i�d A6t-N-Q T C z .7 Z U.S.Po T t JUL 14' .25 ALA F$ METER ------------ u �4K U.S.POSTAGE JUL 14'89 1504 - LA QUINTA, CALIFORNIA 92253 F-,! A_ 613730054 0, $CASM ROS'ADA HOMEOWNERS AS., 17) 8-:10 TO',-,,',',' COUNTRY RD I l'N RANGE, CA 92668. 44 le7 ASTACt 4 JUL 14'89 1504 - LA QUINTA, CALIFORNIA 92253 mmd&** 4 itj P.9 mfif 61'3730014 POOLE 'WILL IAM H&AW,E M 5 VISTA DEL.,,FUENTE 10, CA 92210 l7 U/ IN JU.L14'89,.., 1504 - LA QUINTA,- CALIFORNIA 92253 L ti -qLj 6 13 730015" 015 kv'ES C Cf', LUCK, Y. R. A ",l TA L VISTA. ,DEL FUE114TE- 1. CA 92*2.10 I :1504 - LA QUINTA, CALIFORNIA 92253- 61-3730047 L WE A 'S KATHRYPi' L A 'N8535 V T " T A DAL SOL I "DIO CA 92210 F-Lill QUIZ "'U.S.PWAGt A JUL 14'89 ul, .&POSTAd "A Ic Jlllibe 4K 1504 - LA QUINTA, CALIFORNIA 92253 L, he Stage ps METE 7 8006 1 — < F M-1 613730016 JELAVICH WILLIAM R -bORR 785615. VISTA DEL F U' E N T E 1 h4 D 10 C A 92210 1, or 30. -W7 C 1504 - LA QUINTA, CALIFORNIA 92253: A I Pi2 L rw 1 Tom[ J 4 S 613730050 MORRIS,EDWINA E 7$505 VISTA DEL SOL I��DIO, CA 922 10 . . . �P JUL 14'8 V y�� e' iJ S.POSiAG� A l 9 'I « CA Qui U.S.POSTAGE « JUL 14'89 Z 1504 -. LA QUINTA, CALIFORNIA 92253 = � j%- : . _ .�i Stage CALF' �a ME F. 6137.30`013 i 'ALE MARJORIE- } 7 ^5 V1,STA DE L FUE�1 E CA 32210 i P.O. BOX 1504 - LA QUINTA, CALIFOR 92253 TO DE 61141100c j%suFvjCjc,%T AD M% HAXTON,MADEL1iN4 1 7527 DESERT PARK DR NO C INDIAN WELLS', CA 9221b `F 81 -Yll 7 �y °� �u,Q�rw P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 -P "---411.7 .............. jo 0 Ni t'tol E T T R & E'S T H T :A SANTA ROSA 5220`1 U-S.POSIAGE UL 14'89 A lz .25 Q T n RECEIVE,) AUG 2 1 1989 CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPT. ul U.SRSTAGE ("JUL 14'89 Y o4i .2 5 U'S v )nx, 7,0' 9 �-' Ro Sanctity of Contract S T EWAR T TI TILE OF RIVERSIDE COUNTY 69 -730 HIGHWAY 111, SUITE 1068 • RANCHO MIRAGE, CALIFORNIA 92270 (619) 321 -4997 • INDIO (619) 343 -1799 June 3, 1989 TO WHOM IT MAY CONCERN, We certify that the attached property owners list is a true and complete compilations owner of the subject property and all other property owners within 300 feet of the property involved in the application and is based upon the latest equalized assessment rolls. We further certify that the information filed is true and correct to the best of our knowledge. 9 tin. Kryska a Custaner Service IARTIN E. KRYSKALLA creamer Service STEWART TITLE 9)321-4997 Sanctity of Contract .730 Highway II I ite 1068 (619) 343 -1799 ncho Mirage, CA 92270 Indio V J 1�. 1. ... i'.. l.. iJ 1.. ... �. I: le i 1� I'1 i• L. L �� 1 �. \.1 .1. _I ..! l 1 613411005 HAXT0N,MADELY IN, + 7527 DESERT PARK DR NO C INDIAN WCLLS, CA 92210 61.341 L 0* U CVCWD UN K11O wN 613411011 10100 SA N IA MONICA BLV 400 LOS ANGELES, CA 90067 613730001 613730003 DICKSON FRANCINE R RICE,JACK 45 VISTA SANTA ROSA #220 7532 LAKESHORE DR INDIAN :BELLS CA 92210 ROSEVILLE, CA 95661 613730011 WELCH C DUN'CAN & JOANN 78615 VISTA DEL FUENTE CA 92210 613730014 POOLE,:dILLIAM .I &Ar'r'E M 78585 VISTA DEL FUENTE I9, CA 92210 T-"CLL Avt ltif.2 6 613730012 RICE,JACK 7532 LAKESHORE DR _ROSEVILLE, CA 95661 613730015 ZANESCO,LUCKY R &AAITA L 78575 VISTA DEL FUENTE f&, CA 92210 Zrl,-4, can Kxej LS 613411012 CVCWD UIN KN0WN •N"P 613730010 KOPP ROBERT J 78635 VISTA DEL SOL L-ftt38 , CA 9 2 2 0 Z*Imt1R V7 L�a 613730013 HALE,MARJORIE N 78595 VISTA DEL FUENTE TOW9, CA. 92210 :Z�A.Vi 1�Q1i$ 61373001.6 JELAVICH WILLIAM R. & DORR 78565 VISTA DEL FUENTE CA _ . gl�.�l(s 613730017 613730018 613730019 ALLEN HERB & HELEN R POTTER ,WILLIAM C &VALORIE L LUDWIG,GEORGE E &AN'r' R 1536 SORRENTO DR 24641 MANJDEVILLE D^ P 0 BOX 4063 f' I PALISADES CA 90272 LAGUNA HILLS, CA 52653 WHITTIER, CA 50607 613730020 613730.021 613730022 WILMETH,ROBERT- D &JACKIE A BUDROVICH,JOHIN J ARMITAGE,ROBERT C &FRANCES 42380 808 HOPE DR 45280 VISTA SANTA ROSA 721 BUTTERFIELD DR RANCHO MIRAGE, CA 9227.0 INDIAN WELLS, CA 92210 ALGONQUIN, IL 60102 613730023 613730024 BURGOYNE,PATRICK M &ELIZAB BANK OF CALIF 4 SPRING GARDEN' AVE 601 E TAHQUITZ COLTS NECK, NJ 07722 PALM SPRINGS, CA 52262 613730025 CASA ROSADA P 0 BOX 749 SAN BERNARDINO, CA 92402 613730026 613730027 613730028 JENKIN,MICHAEL J &MARIE J ROSEN,ROBERT L &ANN E CALLAHAN,ROGER J 45330 VISTA SANTA ROSA 7 WEST 51ST ST 45350 VISTA SANTA ROSA INDIAN' WELLS, CA 92210 NEW YORK, rJY 10019 INJDIAN WELLS, CA 92210 O 1 J% / V ll J. V 0„E ELEVEN I V CO P 0 BOX 5.004 EL TORO, CA 926 -0 613770023 S0LOMON,STUART I 1599 VIA NORTE PALM SPRIINGS, CA 92261 LABELS COMPLETED ` ** 67 LAPELS PRINTED' ..1 ! V C R NI A .i C n n v' L li i\ Lc °e 4 L ', 212 PROSPECT 4'A 0 R I TUSTIN, CA 92680 r, .. C C r, i r n ti i� J u .L L �.c , i 1 AI1 C r :� P O BO;( 11.1 LA QU'I NTA, CA :,2253 **A ALL REQUESTS HAVE BEEIN PROCESSED " * �ia;o IV, rbr�� Pr. tnvwp 8�8a. > 40ac A" ICA '4V G,,,, C--iq a.14009 SH0, V•L 1 :, 1 C1;ALE: _ ; ?yCLAl;0I A 70385 :-1WAY 111 RA ?ECHO MiIRAG)E, CA 92270- 74sr,5 Y ie to 'pel Sol fria' An, VjeVs l (,a 4-aZIc C 1.. i. .. � J L i , 7 � .. '1 30029 613730030 61373003J. BROUMAND,CYRUS N &MOULOUK LEIGH ON,F S GE SERSHAGEN,XENRYI 15850 ARBELA DR 45315 VISTA SANTA ROSA 13180 PARAMOUNT BLV WHITTIER, CA 90603 INDIAN FELLS, CA 92210 SOUTH GATE, CA 90280 613730032 613730033 613730034 HOLDEN,GLEN A &GLORIA A JUTOVSKY,BYRON &LOBES PASSOW,EMMETT R &ESTHER 11365 W OLYMPIC BLV 444W 115 ROMA CT 45245 VITA SANTA ROSA. LOS ANGELES, CA 90024 MARINA DEL REY, CA 90292 Imo, CA 92210 613730035 613730036 EWART,J N &MIKEL B+ ELMAN,ELI &FAY 34458 CALL`. CARMELITA 78525 VISTA DEL FUENTE CAPISTRANO BCH, CA 92624 INDIAN WELLS, CA 92210 613730038 FED DEPOSIT INSU P 0 BOX 9349 NEWPORT BCH, CA 92660 6137300399 FILING,MICHAEL M 78510 VISTA DEL FUENTE INDIAN WELLS, CA 92210 613730041 613730042 GORDON,DOUGLAS A &DOHA S CORY,LILI 78530 VISTA DEL FUENTE 78540 VISTA DEL FUENTE INDIAN WELLS, CA 92210 INDIAN WELLS, CA 92210 613730044 613 \,FREDERICK KREEDMAN,RICHARD &MICHELE MOR G &JA:ET K 78560 VISTA DEL FUENTE P 0 55 INDIAN WELLS, CA 92210 RA�;TA FE, CA 92067 1,c1-ian vi-eAa , 613730037 GRALNICK,FRED H &MADA B 78515 VISTA DEL FUENTE INDIAN WELLS, CA 92210 613730040 BENSON,MARK L &AURORA L 78520 VISTA DEL FUENTE INDIAN WELLS., CA 92210 613730043 LINN,JOYCE+ 951 N VIGNES ST LOS ANGELES, CA 90012 613730046 MALONEY MARIE E 78545 VISTA DEL SOL Imo, CA 92210 613730047 613730048 613730049 LUCAS KATHRYN L RASMUSSEN,CHRISTIAN &ADDIS LITTLE,SHIRLEY L 78535 VISTA DEL SOL 20743 EXHIBIT PL 1609 CHAPEL '40, CA 92210 yv►d,►avt kr,e�bLs WOODLAND HILLS, CA 91367 WALNUT, CA 91789 613730050 613730051 613730053 MORRIS,EDWI:A E CASA ROSADA HOMEOWNERS ASS RICE,JACK 78505 VISTA DEL SOL 890 TOWN & COUNTR`! RD 7532 LAKESHO,RE DR P"***, CA 92210 :9)4tao W4,,( is ORANGE, CA 92663 \OSCVILLE, CA 0613. , 613730054 613730057 613730058 CASA ROSADA HOMEOWNERS AS RICE,JACK CASA ROSADA HOMEOWNERS AS 890 TOWN & COUNTRY RD 7532 LAKESHORE DR 890 TOWN & COUNTRY RD ORANGE, CA 92668 ROSEVILLE, CA 95661 ORANGE, CA 92668 613770003 613770008 613770009 WASHINGTON: ADAMS LP KIERNAN,EARL R &FLORENCE D MONTE SERENO ESTATES 2377 CRENSHAW BLV STE 300 212 PROSPECT PARK NORTH P 0 BOX 6990 TORRANCE, CA 90501 TUSTIN, CA 92680 STATELINE, NV 89449 613770012 613770015 ONE ELEVEN INV CO DOWNEY SVGS & LOAN ASSN 21791 LAKE FOREST STE 200 21791 LAKE FOREST AVE 200 EL TORO, CA 92630 EL TORO, CA 92630 THE CLIFFHOUSE :,t LA QUINTA � SCHEMATIC DESIGN VNIECEAAI 7RCHIITEC A5SOGLATES � 7 ARCHITECTS MARCH I, MX) r\ 1STOWSS OVER SIZED W DGE 9EAM REFLECTED CEILING PLAN SCALE V8' -i -0' THE CLIFFHOUSE at LA QUINTA SCHEMATIC DESIGN WILLIAM ZMISTOWSKI ASSOCIATES ^ ^ MARCI -1 I, 1990 ARCHITECTS Lei 11 5 xI m Ell as rol THE CLIFFHOUSE at LA QUINTA SCHEMATIC DESIGN WILLIAM ZMISTOWSKI ASSOCIATES ^ � 77 MARCH I, 19.'X) ARCHITECTS " o -��) n� ID PRO�ERrirY- �II�NE_ \� \ O FRB4CQM2Y FF UgeFzA(Q'/ ,ny NC 1970 iyC i9L I ♦CDn Fy,' IOµ.E "'WJ � � \\� \ \ �16le C,/ // 9i5 20 SP,�F SS N' \ \\ \\ SITE (PLAN THE CLIFFHOUSE at LA QUINTA WILLIAM ZMISTOWSKI ASSOCIATES ARCHITECTS EXHIBIT N�D CASE NO. f3 '41-7 ?s g2ftak im V1 �4s / • X00) 114 1 / /'!• i VIII /4 N /tea i SCHEMATIC DESIGN —7 MARCH 1, 1990 0 10 20 00 L� 68 I II'Illll IIIIIIIII II I III j� �IIIIII I II'I, Al I I I / /III I I Ad / / I I G65 I I I I I I f i i I I (Sb) THE CLIFFHOUSE at LA QU[NTA WILLIAM "Z \IISI'OWSRI ASSOCIATES ARCHITECTS y �t> LOWER LEVEL FLOOR PLAN SCP E 1/8' -1 -0' SCHEMATIC DESIGN MARCH 1, 1990 o s r1 r. WEST ELEVATION SCALE 1/8' - f -0' �r,-� EAST ELEVATION THE CLIFFHOUSE at LA QUINTA SCHEMATIC DESIGN WILLIAM ZMISTOWSKI ASSOCIATES MARCH 1, 1990 ARCHCfECTS n s xi m NORTH ELEVATION SCALE V8' - f -0' SECTION SCALE 1/8' - f -0' THE CLIFFHOUSE at LA QUINTA WILLIAM ZMIS'FOWSKI ASSOCIATES ARCI IITECTS Now, SOUTH ELEVATION SCALE 1/8' - f -0' SECTION SCALE 1/8' - 1 -0' SCHEMATIC DESIGN MARCH I, 1990 - `Lv""'^ \ N/ \ JL.r7L1V1t1111. LJI:JI\_71V WILLIAM ZMISTOWSKI ASSOCIATES ARCHITECTS m/ ^ ^ MARCH 23, 1990 'LAN- OFFICES OFFICE BUILDING at LA QUINTA WILLIANT ZNIISTOWSKI ASSOCIATES ARCI IITECTS N(D UPPER LEVEL FLOOR PLAN— OFFIC SCALE 1/8'-1 -0' SCHEMATIC DESIGN naAKCH z3. 1990 11 5 x1 m NORTHWEST ELEVATION SCALE SOUTHWEST ELEVATION SCALE V8--f-O' OFFICE BUILDING at LA QUINTA WILLIAM ZNIISI'OWSKI ASSOCIATES ARCHITECTS SCHEMATIC DESIGN I� I� MARCH Z3, I990 n s w xi April 15, 1991 Stan Sawa Planning Department City of La Quinta 78 -105 Calle Estado La Quinta, CA 92253 RE: Building Height of Restaurant at 78 -250 Highway 111, La Quinta, CA 92253 Dear Stan: ROB THIBAUT President SANDY SAXTEN Chairman of the Board Per our submitted plans (best reviewed on Sheets A3.1 West Elevation) the building's highest roof height is 33'8" as scaled at Section 3/A4.1'. This height is from the lowest ground floor -elevation and does not account for the slope of the hill. The height would be considerably less (27 or 28 feet) if measured from the average slope height. The average roof height is probably closer to 30 feet. The stone tower is approximately 42' at it's :highest pointed top but averages about 36' overall. We believe we have met the requirements of the height limitations in our use permit, Plot Plan No. 89 -417, Amendment #1, No. 7. Best Regards. Sandy Saxten r; SS /pas cc: Tom Hartung, Building Department William Zimstowski Associates (Architect) Pacific Building Industries (Builder) T S RESTAURANTS OF HAWAII AND CALIFORNIA 2526 SOUTH HWY 101, CARDIFF BY THE SEA, CALIFORNIA 92007 (619) 942 -1300 FAX (619) 792 -9651 BILL h1cG0NNELL'3 LA QUINTA QUADRANGLE, h GAYL.ES STUDIO CALIFORNIA— RIVERSIDE CO. 202 <j STATE OF CALIFORNIA 724 K Indian Ave, 5� ;6 DEPARTMENT OF WATER RESOURCES PALM Springs, Calif. 92262 7.5 MINUTE SERA;-$, (TOPOGRAPHIC) \vo Phone 325 -3717 NE /4 PALM DESERT 15' QUADRANGLE ' 562 563 2751 IV SE BANNING 41 M/. (MYOMA) 1564 R. 6 E. R. 7 E. 565 17'30" 1 9,P90 00 FEET I THOUSAYJO PALMS 9 .Ml. 568 569 116 15' _ 33 45 u 9 t p ermud Du es ` • ~�r' —I J B d n '` Rio Myo 11 `'cb } 2 a° 7 A �8 ;, ii 9 P 1 u E irpo � SI'n. 1 42 n '•''• •'�- � °= .� --=—� � 1_11 =1 =�; w ' ;�� IL—, , //;�� ..�.-C --�� : \ \\ a�9 (:, o � � y � CJ % :,� \�. •' 1 N��' W ' II�, !' Sri rte. -Y� �'• \- i�t i �---•- ., i, ' \C� q .LE, 9 W t Y ...•...t.•t ` ®4 •�'I �� ` I'..Ir:` ^� B •RR�fC1DA DUNE.S� :;;�c�i (iM 33 0 NTR CLU Lt.•ll °' y�.1i• Y' B ,:: = J �'•. e it 1.'�0 ��.�� —_� � � . II � �'.I ,�• '` \ � � _-_-- •• Si. ' 2 fp it s •� —) I (� �� \ Q Water \'' O T` �_ ' ° , 33 i 4 }l, n III . G J�'r � Y. \i,.�•�< \ I(�� '1 O ( \' 1.. / Q=1 \') `r',��A .. ~,''`� f-• W 37 ;Y �� )� • cji �� I /ai DAR ®Y v ROAD • i i �'� / ��.1 i \ -,'. I ( = • __ ���1 • Water •) g� %�� s \ ..•' . '.` a ...: t 1111 2 s70000 '�I'' �o cv q. w o ?o° •i . ✓y �I l r e \ /.'\ • •l O o:' �' { o FEET LL N. U r :. , .r . • �, y, \ � . �, = _ �• Via, -`s, Z. � II � ; I AVENUE 13_ @ 44• _ \ , �� \v1�• el _ .I l \, ° ( \ `— 3/32 cx ,? -list �v &•• a 1 f l L \ \ e Trailer Wel .� ; , \` Park' 23 aM X119 ( 2 f -2 ` e, Mil Fc; tzi •'; 1'" :� ) ; 111 `� 74:. _ .,r • •I '�•_,•.•:' Indian Wells fl t 1 _ �=. �• _- _-- -____= 3� CO qL \ • `I .fir � aPPY \ \�`...� \ 0. O '` _ . • .. - �� y:i:1. rJ - - \I /'• AVENUE ti 46 CH " w a 0 £-_" — o\ :b I . 2 �.� =: >;• .•,.: "I ;' .,• ... �,•� . o \ \ ''�:• F fey..' ogcH- Ir;: - - ` '�' � - - -- n , I� �� � _ I �� , Its • i ' )I � � M)k i �Y 613- 41 6/3 -77 1 200' T.R.A. o75 -0o4 075- 0012 FOR. S 112, SE C. /9, T. 55., R. 7E. 020 -002 020 -003 020-010 4/ C. V. C. W. D. STORM` ' T, R.4 075 -0l2 ' TR Q. 020 003 • • �• Z J,2� L4— N�2o36- o9 "'sv �0 Y � /Mirs h O L /M /7-,S 9f'f04 7,3 s:: ,;lc OATF CtD NO. N' MJ. 5-83 4// -6,10 / - ? /3 77tl -3,4 12-6 770 -5 /2 70- 6 -7 412-22rZI 77V -8,9 6 12-18 17-040 / 10 11/84 7 11 2 ?J DATA.' P.N. BS 97 RS 18/55 RS 15/ 69 I T. R A. 020 -003 P M. 124147- 49 Parcel Mop 19028 THIS MAP /S FOR ASSESSMENT PURPOSES ONLY e q cy I ss t OOO <1 Z., .� Qz t N ti I 12-16 -AC v V�\ ) �O ? (� j v y�!Z29 00 N 044 4C.NI. 3 �9� ¢i 3B �? R; 006E Ac a VAC. O. R. /360166 O 0 -R. 2//771 /1//2/81 SW COR. SE / /t, SEC. /9 SS 25& 22 ASSESSORS MAP BK. 613 PG. 77 RIVERSIDE COUNTY, CALIF. o n 613-41 "= 400' 25 -1.i le D/rc OLD MO MCrMO. 4 /GA 1 a 4 25:•89 aG O 18.'55 2 "ss S tul 7-- 608 -E •14Q D£P r. . 60,R01 per MN. 3/71 44 --" 44-' :, -Y -77 f's - .II 4! • / -7s is -w•s - «. #,! 007 k7J I- I I I9 -LS flip—$a 05.!d'J 61- #$I yr - iii ya -00/1 - -"0 - iiJ •.. J- rr� pan sL tr, Tr / /so rte& iv 1e Asn 1 +I Iii• 41-140,21 4/Il 441• r H p to -Ir ory Av ,rr •o •/ir �/t -rs .aa • war•• 1'ro� T. R.A. o75 -o04, o16 -oo2 2 075 - 012,020-003 S 020.011 020 -012 SEC. !9 T.5S. R. 7E. - 40 IG0 r'�• ti I 'b i a ! ( u I ti 7.54Ac.'_ c t I dI �I ♦I O 0 MI I OI � i _ Jt BM 1( NOV. 1967 A9151 � O 26/43 w b n 14J bb o 25:•89 aG O 18.'55 M 608 -E •14Q D£P r. . 60,R01 per MN. JZSPZ 4150 AVE- 5 P �- . i I b ' 12 // 37 90& AC. 13.44Ac= 9 t' /5.65Ac L U 431-AC. 4/3 � � I �. �t ff > t ' c • �' 34 78 ACY- I as t• • _ O t sT ex !I� O 0� /B t Q ISAC 13.98 Act • iq a 044Ar -Aff " o�, �'� •• i rk � F � ti► �, `�1 p 4 �J, ��•�L � '�cr/1C.71s:� psi ,� mow• Y i -� { -- --�a we 0 ,xo/ i�i,rs +r ASSESSORS MAP 8K. 615 PG. 41 RIVERSIDE COUNTY. CALIF -% 4 4Q" P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 rA, T1 (1.,JHA R A IL. lit mlj��W a -e, C. Duncan Welch 78 -615 Vista del Fuente Indian Wells, CA 92210 619- 345 -8861 _. _ � � �, 4 � � 1 �ffi�� ::. t�'S';, r,. ___ __.._. ____ . _ � ___._....w ...:•'iris ._ I r !' �' 0 LIFF -at LA QUINTA WILLIAilvl ZNVIISTOWSKI ASSOCIATES ARCHITECTS MARCH 1, 1990 m T__ Tl APPROVED ION tA QJJNTA PLANNI"RIG COMMISS 8y DATE APPIROVED BY CITY ""OUNUL ON R 0 6 1990 , 4J Y OF LA QbINTA CASE g6c1 -y d1 1 1 0" I . �41 15 V NIA VAN W A ; am- in x A AV 12A Iff W 8 %C W.- Am I Or r�,� VAN I An AM REVISIONS BY PROPOSED PLANT PALETTE y _mt LO-I H t anizal Nam maize ' T R E E S. AS AC:Aci'a !:-Aerlop v trinc i Ac ac i a 0 U 00 04 0 - r 04 Q) Q- Arf---castrum rrofffnainz ++M, (ITS Queen Palm V A R' I ES::) Wm PR r4t,.Aaucarne�,,( rec-urvata Pony 'fail Palm 24" BAW - Uj C 1 Car yotA mitis Fishtail Pawl ml �6" BOX V IWH Chamaerop5 humilis MCiditerr. Fan F* a I ff, 24 36" B X C IT tr L i ci l L rus 43" BOX CF-1 Cyca-- revoluta Sago P A I rn 90X. LT L,/siloma thorr-43eri ;"E-atfter f3u,=..h PA i�r k i nson i a aCLA rjexicc-tn Palo Verde 7.6 f.48 Px P C f-:*res6i chil nsis ps i� C Mesquite 2 -4" / 7'6 9X SP StrelitziA nic-olai bi arit Pird of Para. 24" /.wit," 9 Y WR Washingtonia robusta Me-.-ican Fan Palm 14T. VARIES G HR U B S A N D C A C T U S All#,)' Aqa',.,e vilfno-irii.L-;�na Octopus Agave 5 GAL PC blAcc-h.Ar-iF� "Cent enn i al Co,-�,ote Pr-t-tsh 1/5 GAL Poktqa - nv L 1 1 ea (- s e n a ea 5 GA L arte.medic),det:: Chi L- DW DaS-,/l1r1c)r-1 wheel er-1 Desert p (..D 0 6AL Fr c. b.31 n c) c 8 c 1c-fen B CA r, 11 GAL Z z: Enc!ella fzrinosA bri tt'! ebUsh G At FA +eroc:actus ac-anthodps f I - i r e- 0 a r r 51. GAL Scale (P 1,W11 FS Fouquieria srilendons Oc- t I I i o 5 CANE- P10 HesperalriEz w�,aravi+lora R'&(A uc-.. LT Larrea tridentata Crposote 1/5 GA LW L.E-UC-.00h'y3luM 'White CIOL.td' TeXaS Pa GAL. e OP Opt-triti -A basilarl's Beaver Tai I GAL f�asa �)ar i e Ei;, (-")AL 0 Sal,,�,ia preggeii Red Salvi. I GA SL Sal Via IeUcophylla Mexican Saqe I GA Streli-t--ia reginae Bird oc Pa r a d se I TL T"ates lemmonii Mt. Lemmon Marigold I GAL 'r Fs Yucca bre,,/ifolia Joshua Tree VARIES YE Yucca elata so8ptree 'r'Ajcca 5 GAL Oz.', Yucca restrata Yucca 5 GAL. 'y P, YUCCa pendOla Soft Leaf yucca 5 GAL S P A L I E R Wire to Wall R 0 U N D C 0 V E R Ac ,-Onnua I Col or Seasonal Color OUARTS 10a greggil Trailing Indigo I GAL LS Lantana 'Spread- Sun-' Y01-low Lantana 1 GAL fis Oertathera st�jbtyei t4aja Evening Flats/12" VP verhen,---, P. St. Paul: Pink Verbena Flats/ 12" PS6F Palm Springs Gold Fines PSGG Palm Springs Gold 0ra-vel Desert Wil cat lowsr mix, I . �41 15 V NIA VAN W A ; am- in x A AV 12A Iff W 8 %C W.- Am I Or r�,� VAN I An AM REVISIONS BY W7 0 U 00 04 0 - r 04 Q) Q- 4k C'4 T) Uj -4 Uj Uj _5 Uj C4 0 V- 04 V W m CL AFAF ► IJI Ig Fr Z z: Date Scale (P 1,W11 Drawn K- Job r? Ci Sheet Of Sheets { win, V y, v 1. rS r - ..y::,.,t.se e : ..:....: loss? -,...d.. 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' "'.'� �' "i , � 1, " . �6 � �' - I I -I '. - - , _ '.' � ,�. , .1. ' , ? - , i 6 "" � 6� I ;�' ;�-�: � ifr'-p�'i , I ';�i' r;: - I z. - � , " , � t , .j __'T . , " '�:."" '��"'�"a � , , ,_ ; ..�'a"�6 - �-' ' �, " , , -�' _ - � 1'1� _ , .. , I �. j I ' ' ' - - I �, , " � 4 � ' , 'j�, ' ,$�� '�'�"��' _ .e I V- , . . . . . . "� -�* �"' ' :4� "�;� jW '� � . Ji' �'�- ' ' "" I '� , " � I - I I i I -"""� " - :'.�"-z * , t,' - , I � -'%V:. � ' '- � 1, , , f _ 't .� _ " t ;' , . " jr ."�� � .' v � , , - �11 - . _ � _ "��, -;� 11 � I �' :t' " I -�6 !% ' ! I ; ' '6 j " ,4 '� .A, , , 4 , , . ��"'i� �'. ;i I 6 i " ' ��" J'�'� �'Ijl, I , i - - '�'6" !� A , i, � - .,' - , % I I ?, , t'�� �% 1� �� ;� � _� , ' , � - -, " - 4 , , " - " , ' I � , .� , - � � -'j �"�- - -"!��'�'6' �: , i� , " ,,, , ,"', . � :; � � ;' �j" , , -��' .... #. L; -- :g' li. �l "'� ""A , - , . '�' 't , � , ')�� �' � , � -� ' '7 ) 7, . a I I , - � , � � ; - ll.� :' I _ � � , , � lll;� - x v - ; 70 X 42 PRINTED ON NO. 1000M CIEARPRINT • ,... -,: :�: a�:r'" �w ,� r i ,.•/ I . �,. � � M1 _ ., _ - ,. .. ,. \':� �,� _ _� .} '� � �_ _. ,` i 1 �� ;l� t - �p F 4 \':� �,� _ _� .} '� � �_ _. ,` i 1 �� ;l� 7--F r. ARCHITECT w William Zmistowski Associates 11909 Broadway Boulder, CO 80302 3103/449 -4831 ; FAX 3031449 -1345 STRUCTURAL ENGINEER , Johnson- Voiland- Archuleta; Inc. 2,305 Canyon Boulevard, Suite 206 r. Boulder, CO 80302 303/444 -1951 , FAX 3031444 -1957 MECHANICAL ENGINEER Tsuchiyama and Kaino 2010 Main Street, Suite 450 Irvine, CA 92714 714/756-0565 F'AK 714/756 -0927 ELECTRICAL ENGINEER RWR "Pascoe 151 Kalmus Drive, K -1 Costa Mesa, CA 92626 714/557 -9671 FAX 714 -432 -7753 FOODSERVICE CONSULTANT KIA 139 Ocean Avenue #2 Santa Monica, CA 90402 213/459.8465 FAX 213/459 -7731 COPYRIGHT V. WILLIAM ZMISTOWSKI, JR /AIA 1990 Do not reproduce these drawings & Y. specifications -without the expressed ._. written permission of the Architect. The drawings & specifications are instruments of service and 'shall remain the property of the Architect whether the project for) which they are made is executed or not. These dlrawings 8 specifications shall not be, used by anyone on any.other projects for additions to this project by others except by the expressed written permission of the Architect. NOTICE: DUTY OF COOPERATION Release of these plans contemplates further cooperation among the Owner, his contractor, and the Architect. - Design and construction are complex...' Although the Architect and his Consultants . have performed their services 'with due care, and diligence;' they cannot guarantee perfection:;' Communication is Imperfect and every ' contingency cannot be ' anticipated. Any , ambiguity or discrepancy ..; discovered by the use of these plans shall be reported immediately `to th.," Architect. Failure to' notify the Architect compounds misunderstanding and Increases construction costs. , A failure to cooperate by simple notice to the Architect : shall relieve the Architect from responsibility for consequences. Changes made_ from the plans without_ consent of the`,'Architect, =; are unauthorized, •and shall I ve the ;Architect t; of r6p6nsib'lry (or all'`.. c�onsequ0c6s, arrwing out rtbt 'such changes _ x t 14i , F t r� O U" a a k, REVISIONS: ,. A2- 28T91.,ADDEN60' 1' DATE: PROJECT NO. 89QQ DRAWN BY: EG. CHECKED BY: r30 SHEET NO. k y S R yew ri. t y 'o l4`A it..A� S. N �.�:?' 1�5f�.ui'ci�i'• v of t �3`'l3ri `�i� ' BAR WING - EAST ELEVATION VVV%L -Lr Il U 1 V r��TaN E. C-HI MNIF-Y CAP BAR WING - 1JVEST ELE SCALE 1/8* ",f -0° VATION t 5/- 51x 311 DEi;P 51V000 E_M-i U4�rr \/?,H-(' 6H HN1�-Y rzE , 6H-r, A7 ■ HOOP (a�Hu rrr✓R-e,, PTa W /5tlurreRr�, -r`fP ` CoNc:fzET �. �,T rP5 1 ri✓LoGAT!✓p rW�l'�vl; !�ITt✓ SToh� ST�EI. ►- %NDR�I- , -t`(P. ice- �ITt(�lpt�15 ../ E v M12 PTt/%, f'I PINE,0 GUT , Y B UI LDI NG , - t tt L F. A, UPPEf� L.Ev�� tr « 5I MU l��' i:P �T'ort)✓. , NI JI Coo��DII��TE Wd ARC�IITEcr SCALE: 1/ 8" = 1, _ 0" $z Irv, BAR WING - 1JVEST ELE SCALE 1/8* ",f -0° VATION t 5/- 51x 311 DEi;P 51V000 E_M-i U4�rr \/?,H-(' 6H HN1�-Y rzE , 6H-r, A7 ■ HOOP (a�Hu rrr✓R-e,, PTa W /5tlurreRr�, -r`fP ` CoNc:fzET �. �,T rP5 1 ri✓LoGAT!✓p rW�l'�vl; !�ITt✓ SToh� ST�EI. ►- %NDR�I- , -t`(P. ice- �ITt(�lpt�15 ../ E v M12 PTt/%, Y B UI LDI NG '.EL EVATI ON - t tt L F. A, .;.: :SOUTH « b SCALE: 1/ 8" = 1, _ 0" $z Irv, 3 e r , r. :r. { wm , 4 }Q�d V:. tv �i :• M 3 � � fti�" * $ � i� v t A , 6 t S 01-1 I M N E.Y (,-.41,F ,��. �..�� ^gin. .^ ,�^ . ^�_ ��,�^.,. 1A�1�111 ^P -1 q 1 —0 -- �� wi�� �' � ,�- p w� �• IL r gam g4 r-fk Am �- �"� M ���r A!�^ �/ `tip +;1 ♦ �'� III -d 1111- iyi�m1�irlunit+ hum�llVNti�M+' 1f[ r. Sidr/•s► mrn�.• ��anut.,rm,...runni.+ivuvt►m�,n a :�- ■ oil 1■ ■ ■■ ■�� i� HE t w GI.P,Y 7/(. z �TUCGU TIJM¢ 1700E- T7= SriELF P I 4, BUILDING- ELEVATION -- NORTH , T�A�H F,t'{GLD�U ' SCALE: 1/ 8" 1 0" b ,t dra ,t a.a sr ks a LAM IVO d UCgLLurrqrrlrr ur-r 1- k E v Y t tt L F. A, .;.: « $z ARCHITECT Wiliam Zmistowski Associates 11 909 Broadway Boulder, CO 80302 303/449.4831 FAX 3031449 -1345, STRUCTURAL ENGINEER Johnson - Voiland- Archuleta; Inc. : 2305 Canyon Boulevard, Suite 206 Boulder, CO 80302 303/444 -1951 FAX 3031444 -1957 . MECHANICAL ENGINEER Tsuchiyama and Kaino 2010 Main Street, Suite 450 Irvine, CA 92714 714/756-0565 FAX 7141756 -0927 ELECTRICAL ENGINEER RWR'Pascoe 151 Kalmus Drive, K -1 Costa Mesa; CA 92626 714/557 -9671 FAX 714432 -7753 FOODSERVICE CONSULTANT KIA .1139 Ocean Avenue #2 Santa Monica, CA 90402 2131459 -8465 FAX 213/459 -7731 .' COPYRIGHT W. WILLIAM ZMISTOWSKI, JR /AIA ' 1990 Do not reproduce these drawings & specifications without the expressed written permission of, the Architect." The drawings & specifications are 'Instruments of service and shall remain the property of the Architect whether the project for which they are made is executed or not. These drawings & specifications shall not be used by anyone on any other projects for additions to this project by others except by the expressed written permission of the Architect. • . NOTICE: DUTY OF COOPERATION Release of these plans contemplates further cooperation among the Owner, his contractor, and the Architect. Design and construction are complex. Although the Architect and hls Consultants have performed their." seryicgsrywith due care and diligence, -` llhei, cannot guarantee perfection. Comp nunicaCtion is Imperfect and every contingency cannot be anticipated.,,,.* Any ambiguity or discrepancy .' discovered by the use of these plans shall be reported immediately to the Architect. Failure to notify the Architect compounds misunderstanding i end increases construction. costs A flailure to cooperate, by simple notice tco the Architect - 'shall relieve,,: the ;, Architect from responsibility , for all '.; consequences, Changes made from the p lans witho_ ut consent n t of o tu hC e ` = 'oA e f or vcr e hs ' i" u t etc hac el l e re u n ulhore d, and s hall �rei Architect :ors l (f bill Corse uences , ar = . 9 ,t 4,. changes ��: � �+ � 's � ,� .�' � , .• r r r t1 � S r� U U �^ w REVISIONS: 0 4 -9 -91 PLAN CHECK . DATE:'a PROJECT NO $_9,907 °m ` DRAWN BY: CHECKED BY: %d SHEET NO. 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