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PP 1991-456 (3)CITY OF LA QUIh. PLANNING & DEVELOPMENT DEPARTMENT 78 -105 CALLE ESTADO LA QUINTA, CALIFORNIA 92253 Case No. :ff (- 4C�10 Date Received: 10-110-9S RESIDENTIAL and COMMERCIAL FEE PLOT PLAN APPLICATION ip jg i ?g511&A ts1QTRL- 6- 9`3801OO i0 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 APPLICATION MUST BE"ACCOMPANIED BY A NON- REFUNDABLE FILING FEE OF $.3 I& AND _ i!S COPIES OF THE COMPLETE AND ACCURATE PLOT PLAN, LANDSCAPE PLAN AND ELEVATIONS. Name of Applicant C. W-0050W, /4sPhone(3� Mailing Address .26dl /9 /A 4• ZiWfW4!!` ft279/ Street City Zip Code Legal Owner 404w44e ��JlL7„Y� Silk . ( MYZiP I /- 7 -,W-9N Address Proposed Use d6WAP1400e4AC► .SSWMA116- C'4!5W»''Z The net and ros are ff ova a fQ ch proposed use and building. - �e � f, �I� T 4141 0- F. SygP2 .ems PA2> B S JSr R,6�6V*&AMO s G - r • s.F The square footage allocated for sidewalks/walkways! D parking, landscaping, and building. �%"Ol°• Location of Property (Address if known) AWa LU/%✓%1% /�Gi4h�� s'7" t�` Assessor's Parcel Number Legal Description of Property (give exact legal description as recorded in the office of the County Recorder) -- (may be attached) Signature of Applicant Date Signature of Owner Date i �� r+ BUS. LIC. NO. 1994 BUSINESS LICENSE APPLICATION FORM Send Completed Form To: CITY OF LA QUINTA * * * * * * * * * * * * * * * * * * * * ** BUSINESS 1ICENSE DIVISION *APROVED BY 78 -495 Calle Tampico * DATE La Quinta, CA 92253 * * * * * * * * * * * * * * * * * * * * ** PROOF OF WORKERS COMPENSATION INSURANCE IS REQUIRED 1. Business Name: S�v 2. Business Address: S'r' ov C� 3. Mailing Address: > C4 m 4. Business Phone:. ( ! 3 ) Z O / 5. Owned By: CORPORATION PARTNERSHIP s,,, INDIVIDUAL 6. If Corporation or Partnership: Tax I.D.# .7. If Individual Owner: Social Security # Wzl", 2 V- 8. Name of Owner or Officers 'and Title: ZU i r cl_ �� PP 9. SBEResale Number: Rj ( 23 -0 q 10. Number of Decals Needed: T 11. CONTRACTORS ONLY: A. B. C. COPY OF STATE CONTRACTORS LICENSE IS REQUIRED Type of Contractor: L �" Classification: State License Number: CONTRACTORS - GENERAL $100.00 Per Year or $50.00 Semi - annual CONTRACTORS - SUB # 50.00 Per Year or #25.00 Semi- annual CONTRACTORS ARE ON A CALENDAR YEAR BASIS ONLY; ANNUAL FROM JANUARY 1ST THROUGH DECEMBER 31ST. SEMI - ANNUAL FROM JANUARY 1ST THROUGH JUNE 30TH; OR JULY 1ST THROUGH DECEMBER 31ST. I HEREBY CERTIFY thnby the information supplied by me is correct and any licens requir the Coun ty, State or Federal Government have been issued t me and ar u21 force and effect. lo Signature Title / / Date Recording requested by and When recorded mail to: WILLIAM D. BUCKNER, ESQ. 5 Kendall & Buckner 1936 East Deere Avenue, Suite 215 Santa Ana, CA 92705 MAF TO SHOW- C_HA1;C =1 F;; OV1 CATED PFt APR 2 7 1990 CITY CtF to QUINTA FLANNNG DEPAIIMENT 10 DECLARATIO AGREEMENT OF COVENANTS, SERVITUDES CONDITIONS, RESTRICTIONS AND EASEMENTS THIS Deelaratie AGREEMENT OF COVENANTS, CONDITIONS, SERVITUDES, RESTRICTIONS AND EASEMENTS ( "Declaration ") is made as of , 15 * 1994, by La Quinta Village Limited Partnership, a California limited partnership, at 796 West Ninth Street, San Pedro, California 90731 ( "Dew)-. ("Declarant "). and First Bank. N.A.. a national banking association. at 73 -000 Highway I 11. Palm Desert. California 92260 ("Bank"), 20 ARTICLE I RECITALS 1.1 Declarant is the fee owner of all that certain real property (the " Property" ) "Declarant ProMM ") in the City of La Quinta, County of Riverside, State of California, located on 25 the Northwest corner of the intersection of Washington Street and Calle Tampico and more fully described on Exhibit "A" attached hereto and made a part hereof by this reference. Bank if the fee owner of that certain real property (the "Bank Prop=") adjacent to the Declarant Property more P _ 11 A _ _ ---I- _ A ! _ T!__ L '1-!- 11 A 1 It --- _ -I- _ -1 L _ _ _ . _ _ _ t _ _ _ _1 _ _ _ _ - 1_ _ __ _ r 1_ .1_ ! _ P - 30 The Property has been subdivided into seven (7) legal parcels ( "Parcels ") through the filing and recording of Parcel Map No. in the Official Records of Riverside County, California ( "Parcel Map "). 1.2 In order to establish a general plan for the improvement, development and use of 35 the Property as an integrated retail/commercial shopping center planned development, Declarant wishes and Bank wish to impose on the Property certain covenants, conditions, servitudes, restrictions and easements (collectively "Restrictions "), which Restrictions shall run with the land, notwithstanding any division of the fee ownership of the Property which may hereafter occur. 40 1.3 The Property and proposed improvements thereto are generally depicted on the Site Plan attached as Exhibit "B" and incorporated herein by this reference. 1.4 Ralphs Grocery Company, a Delaware corporation ( "Ralphs ") is the holder of a leasehold interest in a building ( "Market Building ") to be constructed within a portion of the 45 Property consisting of Parcel _ of the Parcel Map ( "Market Parcel ") pursuant to the terms of that certain Lease between Declarant and Ralphs dated as of ; ebmar-y _, April 15. 1994 ( "Ralphs Lease "). 11,,,E - Declarant and Bank desire by this Agreement to terminate and completely 3uper- 5 0 sede that certain Declaration of Covenants. Servitudes. Conditions. Restrictions and Easements dated April 1994. and recorded on 1994 as Instrument No. of to —Official Records of Riverside C2�nty. California ( "Prior WFt-1rTWW 1061.15.05 /CC R /04.25.94 NOW NOW TBEREFORE, Declarant and Bank hereby des == as follows: 5 ARTICLE II GENERAL PROVISIONS 2.1 Establishment of Resaietiens.- Deelaraw heFeby deel Restrictions/Termination 10 terminated in its entirety and completely superseded as of the date this Declaration is recorded. Declarant and Bank hereby further declare and agree that the Property is now held, and shall hereafter be held, transferred, sold, leased, conveyed, and occupied subject to certain Restrictions herein set forth, each and all of which is and are for, and shall inure to, the benefit of and pass with each and every portion of the Property and shall apply to and bind the heirs, assignees, and 15 successors in interest of any Owner thereof. Nothing herein contained shall prejudice or diminish in any way the rights of Declarant or any particular Owner under any other documents of record from time to time affecting all or any portion of the Property, and all par-eels and Phases herein Parcels therein shall be subject to all mandatory provisions of the Cendifiefls Of AppFOV Design Guidelines for the Property described in Section44-4-, 2.3(a). below, and subject to all of the 20 rights of the City of La Quinta hereinafter described. 2.2 impose of Restrictions. The purpose of the Restrictions is to ensure proper development and use of the Property as an integrated retail/commercial shopping center, to protect the Owner of each Parcel, whether existing or to be created, against any improper development and 25 use of surrounding Parcels as might depreciate the value of such Parcel, to prevent the erection on the Property of structures built of improper design or materials, to encourage the erection of attrac- tive improvements at appropriate locations, to prevent haphazard and inharmonious improvements, to secure and maintain proper setbacks from streets and adequate free spaces between structures, to enhance and protect the value, desirability and attractiveness of all the Property, and in general to 30 provide adequately for a high type and quality of improvement of the Property in accordance with a uniform plan of development. 2.3 Definitions. 35 (a) "Design Guidelines" shall mean the M Final therefor. together with the Conditions of Approval of the Parcel Man, both as enacted by the City of La Quinta, as amended from time to time. The Design Guidelines are incorporated herein, in their entirety, by this reference. (b) "Building Area" shall mean the areas of the Property on which buildings may be constructed. The Building Areas of the Property are depicted on Exhibit "B." (c) "Common Area" shall mean all land area within the Property to be used in 45 common by invited members of the general public. Common Area includes all land areas within the Property other than the Building Areas. The approximate location of the Common Areas is depicted on Exhibit "B" attached hereto and incorporated herein by this reference. (d) "Declarant" shall mean the undersigned Declarant and all successors, 50 assigns or designees who shall assume Declarant's obligations, and to whom Declarant shall specifically assign in writing the right to enforce these Restrictions. 1061.15.05 /C C R /04.25.94 ►- i- 5 (e) "Improvements" or "Structures" shall mean and include buildings, out- buildings, parking or loading areas, roadways or walkways, display or storage areas, fences, walls, poles, signs and all other structures of any kind located above the ground level of any Parcel, and any replacements, additions, repairs or alterations thereto of any kind whatsoever. (f) "Owner" shall mean each and every fee owner of the Property or any por- tion thereof or interest therein during the term of its ownership, including Declarant and Bank so long as it either of them owns any part of the Property. 10 (g) "Parcel" shall mean each separate legal lot or parcel existing or to be created within the Property. Parcel shall initially refer to one (1) of the seven (7) legal parcels created by the recording of the Parcel Man. • 1 .....1 . : I. . • N W "Property" shall mean the real property described on Exhibit "A,' Land Exhibits "A" and "A -1" and which is generally depicted on Exhibit "B." 20 (i) (j). "Regulations" shall mean all present or future applicable laws, statutes, codes, ordinances, rules, regulations, limitations, restrictions, orders, judgments or other requirements of any governmental authority having jurisdiction over the Property. JU "Signs" shall mean all advertising, placards, signs, marquees, 25 billboards, names, insignia, trademarks, numerals, addresses, and descriptive words or material of any kind affixed, inscribed, erected or maintained on the Property or on any improvement thereon. (k) W "Submittals" shall include all documents required to be submitted to Declarant for approval pursuant to Section 3.1 below. 30 2.4 Deeds and Conveyances. Any deed or other document evidencing sale or conveying the Property or any portion or parcel thereof shall also reference, convey and make binding upon the transferee the covenants, servitudes, conditions, restrictions and easements con- tained herein and any applicable amendments hereto. Declarant and each of the subsequent Owners 35 shall take any action on their respective Parcel(s) or execute such further documents which may be reasonably required to implement and effectuate the intent and enforceability of this Declaration. • ' M II • ' W HIV 3.1 Plan Review. Except for the Market Building to be constructed within the Market Parcel under the Ralphs Lease, no Improvement of any nature whatsoever (including, but not limited to, any alteration or addition to any Improvements existing from time to time) shall be constructed, placed, or assembled or maintained on any Parcel until the 45 Submittals required by this Section 3.1 shall have been submitted to, and approved in writing by Declarant. Separate and progressive Submittals regarding Improvements shall be made by an Owner for approval as follows: (a) Two (2) copies of the proposed plot plan and proposed exterior elevations 50 shall be submitted to Declarant for its review and approval prior to (i) submittal to the City of La Quinta for development plan review, and (ii) preparation of schematic plans and preliminary spec- ifications; 1061.15.05 /CCR/04.25.94 , (b) After the City of La Quinta approves the plot plan and elevations, two (2) sets of final worldng drawings and specifications consistent with the approved plot plan and eleva- tions showing a reasonable detail the proposed type of hue, size, shape, height, location, materials, color scheme and elevation of each of the proposed Improvements, all ingress and egress to public 5 streets or roads, and all landscaping, parking, exterior lighting and signage, shall be submitted to Declarant for its approval before (i) submittal to the City of La Quinta for the issuance of a building permit, and (ii) commencement of construction of any Improvements on the applicable Parcel; and 10 (c) Plans and specifications shall be submitted to Declarant for its approval for any and all tenant improvements, modifications, alterations, and additions which will affect the appearance of the exterior of any Improvement on a ParceL In order to receive proper and timely consideration, Jul 15 Subl3iittal shall contain a legal description of the applicable Parcel. Partial Submittals may be made and approved, but in no event shall construction or assembly of any Improvement proceed beyond the scope of the approval received. All plans and specifications to be submitted to Declarant hereunder shall be pre- 20 pared by an architect and/or engineer, licensed to practice in the State of California, and shall be submitted in writing over the signature of the Owner or an agent duly authorized by the Owner in writing. 3.2 Approvals. Provided that the Submittals are in conformity with these 25 Restrictions, the Design Guidelines, and the architectural theme, design and color scheme for the Property, Declarant shall not unreasonably withhold or delay its approval of any such Submittal, and shall approve any Submittal, which. does not have a material adverse effect on the operation of the pepping Cent eF Property by Declarant or on Ralphs. Unless so disapproved, Declarant shall endorse its approval on one set of submitted documents and return the same to the person from 30 whom the documents were received, provided that two (2) sets had been submitted as required above. ti T_ F M II 35 3.4 Presumption of Co=liance. Notwithstanding anything to the contrary herein contained, after the expiration of six (6) months from either (a) the date of issuance of a certificate of occupancy by the applicable municipal or other governmental authority having jurisdiction over any Improvement, or (b) the date of recording a valid Notice of Completion with respect to such Improvement, that Improvement shall, in favor of purchasers and encumbrances in good faith and 40 for value, be deemed to be in compliance with all provisions of this Article III, unless either (i) actual notice of such noncompliance or noncompletion, executed by Declarant, shall have been delivered to the Owner and, if permitted, shall appear of record in the office of the County Recorder of Riverside County, California, or unless (ii) legal proceedings shall have been insti- tuted to enforce compliance or completion. 45 3.5 Identical Replacements. Notwithstanding the foregoing, any improvements on the Parcel for which Submittals were previously approved by Declarant as provided above may be repaired, replaced, or reconstructed without further consent by Declarant, but only if such repair, replacement, or reconstruction is substantially identical to the Improvement previously so 50 approved. 3.6 Exculpation. Declarant shall not be liable in damages to anyone making Submittals as provided herein, or to any Owner, licensee or other person subject to or affected by 1061.15.05 /C C R /04.25.94 4 these Restrictions, on account of any construction, performance or nen per-femane e nonperformance by an Owner of any work on the Parcel or Improvements. Declarant's approval of any Submittal shall not be construed as any representation or warranty of approval by any applicable governmental authority or agency, or constitute the assumption of any responsibility by, 5 or impose any liability upon, Declarant or its representatives as to the accuracy, efficiency or sufficiency thereof. 3.7 Subdivision of a Parcel. No Owner shall subdivide such Owner's Parcel without Declarant's prior written approval of the tract or parcel map effectuating such subdivision, 10- including all of the conditions thereon or thereto, which approval shall not be unreasonably with- held or delayed. 15 •' M 1 .130111 MV Helets) M 16 1 W &1913:110il 14L "I 4.1 Compliance with Design Guidelines. Each Owner shall comply with all of the provisions of the Design Guidelines. 4.2 Completion of Structure. After commencement of construction of any Structure 20 or ether Improvement, the same shall be diligently prosecuted to completion, to the end that no such Structure or Improvement shall remain in a partly finished condition any longer than reasonably necessary for completion thereof. 4.3 Minimum Building Setback Lines. All building setbacks along public streets shall 25 conform to the requirements of the zoning ordinances of the City of La Quinta, as they exist from time to time. At all other locations, building setbacks shall conform to the requirements set forth in the Design Guidelines, if any. 4.4 Excavation and Underground Utilities. No excavation shall be made on any 30 Parcel except in connection with construction of an Improvement and, upon completion thereof exposed openings shall be backfilled and disturbed ground shall be compacted, graded, leveled, and restored to its original condition. All telephone, electrical, and other utility lines shall be installed underground, except that transformer or terminal equipment related thereto may be installed above ground if screened from view of adjacent streets or properties. No Owner shall 35 enter into any contract or agreement with any city, county or other governmental agency or body or public utility with reference to sewer lines or connections, water lines or connections, or street improvements (including but not limited to curbs, gutters, parkways, street lighting or other utility connections, lines or easements) relating to or affecting the Common Areas without the prior written consent of Declarant, which consent shall not be unreasonably withheld or delayed 40 4.5 Non - common Area Landscaping. Each Owner shall provide continuous mainte- nance for all planted and undeveloped areas upon its Pareel Parcels which are not included in the Common Areas, and shall keep the same free and clear of weeds, debris, trash and rubbish, in a neat and clean condition. Every Parcel improved with a building or other substantial Structure 45 shall be landscaped as approved by Declarant in conformity with the Design Guidelines within ninety (90) days of occupancy or completion of such Structure, whichever occurs first, and main- tained thereafter in a sightly and well -kept condition. Each Owner's responsibilities under this Section 4.5 shall not include landscaping or maintenance of the Common Areas within such Owner's Parcel(s). 50 4.6 Drainage. No water shall be drained or discharged from any Parcel or Improvement thereon, and no Owner shall interfere with the drainage established as of the date of this Declaration, in or over the remainder of the Property or any other property adjacent to such 10 61.15.05 /C C R /04.25.94 • f Parcel, except in accordance with the grading plans therefor approved by all public agencies having jurisdiction over the Property, and by Declarant. 4.7 Si=. All signs within the Property shall be subject to the prior written approval 5 of Declarant, which approval shall not be unreasonably withheld or delayed, and shall conform to Deelamnt' the Project Sign Program as approved by the City of La Quin*„ .. epy or .,.t, anaehed herete -as , Declarant. Ralphs. Bank and the City of La Ouinta. and on file with the City of La Ouinta. and to all governmental requirements then in effect, specifically including, but not limited to, all zoning and sign 10 ordinances of the City of La Quinta. Requests for approval of proposed signs shall be made by each Owner in accordance with Article III, above. Declarant hereby acknowledges that Declarant has approved the signs identifying Ralphs as set forth in the Ralphs Lease and/or approved in the Sign Program. 15 4.8 Maintenance and Repairs. . (a) Each Parcel and all Improvements thereon shall at all times be constructed, kept, and maintained in first -class condition, repair, and appearance similar to that maintained by Declarant and other owners of first class shopping centers in the Southern California area, ordinary 20 wear and tear excepted. All repairs, alterations, replacements or additions to Improvements shall be at least equal to the original work in class and quality. The necessity and adequacy of such repairs shall be measured by the same standards as set forth above for the original construction and maintenance. 25 (b) Each Owner shall also be responsible at all times for determining that such Owner's Improvements and the plans and specifications therefor ahall conform and comply in all respects with these Restrictions, the Design Guidelines, all other restrictions of record, all applica- ble , Regulations, and all exterior architectural design, location, and color specifications contained therein. 30 4.9 Parking Areas. (a) Each Owner shall provide adequate off - street parking to accommodate the parking needs for the employees, visitors and patrons of such Owner's Parcel. 35 (b) Each Owner and occupant of any part of the Property shall use commer- cially reasonable efforts to cause its employees, to park in the employee parking area designated by Declarant, if any. 40 4.10 Erosion Control. Without limiting the generality of all other maintenance obliga- tions contained in this Declaration, each Owner shall be responsible for compliance with all appli- cable governmental requirements respecting (a) the prevention of erosion of its Parcel; (b) the runoff of silt, debris or sedimentation from any such Parcel onto adjacent streets, gutters, side- walks, rights of way, storm drain systems or other properties; (c) the removal of any such runoff, 45 erosion or sedimentation; and (d) the repair of any damage to such Parcel or adjacent properties caused by such runoff, erosion or sedimentation. Failure by an Owner to comply with any of the foregoing obligations may subject such Owner to certain governmental sanctions or remedies. In addition, upon any such failure which has not been cured within thirty (30) days (or such shorter period as may be reasonably necessary due to emergency or other conditions then in effect) after 50 notice from Declarant (or if any such failure is not reasonably susceptible of cure within such thirty (30) day period, then if Owner has not commenced promptly within such period and thereafter dili- gently continued to prosecute such cure to completion), then Declarant, in addition to any other remedies it may have, and in its sole discretion but without any obligation to do so, may provide 10 61.15.05 /CC R /04.25.94 0 0 substitute performance of any such obligations at such Owner's expense. In such event, Declarant shall be entitled to reimbursement by such Owner of all of Declarant's costs or expenses connected therewith, upon receipt of Declarant's itemized statement therefor. 5 4.11 Removal of Liens. No Owner shall permit any mechanics' or materialmen's, or other similar liens, to be created or maintained against the Parcel upon which labor or material has been performed or furnished in connection with the construction of any Improvement. Any Owner may bond and contest the validity of any such lien, but upon final determination of the validity and amount thereof, such Owner shall immediately pay any judgment rendered together with all costs 10 and charges including, but not limited to, attorneys' € *S-, f= and shall cause the lien to be released at such Owner's sole expense. 4.12 Compliance With Laws, No Owner shall do or keep or permit anything to be done or kept on such Owner's Parcel that violates any law, ordinance, statute, rule or regulation of 15 any local, county, state or federal body. 20 5.1 Permitted Uses. The permitted uses of the Property, and of Parcels ereated ftem pertiens th thereof are those commercial, retail and office uses permitted by the Design Guidelines except as may be further limited by this Declaration. Every occupant of the Property shall conduct its activities in such a manner as not to constitute a nuisance or create unreasonable interference with other occupants, and their customers and business invitees. 25 5.2 Prohibited Operations and Uses. (a) No use or operation will be made, conducted or permitted on or with respect to all or any part of any Parcel or Improvement which is in violation of any applicable gev- 3 0 emmenW Regulafieft Regulation ation or is obnoxious to or inconsistent with the development or operation of the business conducted on any of the Property or other land in the general vicinity of the Property. Included among the uses or operations which are prohibited are uses or operations which produce or are accompanied by any of the following characteristics, which list is not intended to be all- inclusive: 35 (1) Any my public or private nuisance; (2) Any gny vibration, noise, sound or disturbance which due to intermittence, beat, frequency, shrillness or loudness is not consistent with a first class integrated 40 retail shopping center, (3) Any any lighting which is not shielded and so as to be confined within the boundary of the Property; 45 (4) Any Ay electro- mechanical or electro-magnetic disturbance or radiation; (5) Any any air or water pollution which is not consistent with a first - class integrated retail shopping center, 50 (6) Any my emission of odorous, noxious, caustic, or corrosive matter- matter or gas. whether toxic or tae; gas nontoxic, which is not consistent with a first -class integrated retail shopping center, 10 61.15.05 /C C R /04.25.94 0 0 0 0 (7) Aly My litter, dust, dirt, or fly ash which is inconsistent with a first class integrated retail shopping center, 5 (8) Any my unusual firing, explosion or other damaging or dangerous hazard, including the storage, display, or sale of explosives or fireworks; (9) Any my mobile home or trailer court, labor camp, junk yard, stock yard, distillation of bones, or animal raising, rendering, storage, slaughter, or disposition of any 10 kind (but specifically excluding veterinarians and pet stores to the extent same are otherwise permitted hereunder); (10) Any any, drilling €eF for. excavation, refining and/or removal of earth materials, oil, gas, hydrocarbon substances, water, geothermal steam, and any other 15 subsurface substances of any nature whatsoever, except as part of normal grading operations in connection with construction of approved Improvements; (11) A" my dumping, disposal, incineration, or reduction of garbage or refuse of any nature whatsoever, other than handling or reducing any such waste matter if actually 20 produced on the premises from authorized uses and if handled in a reasonably clean and sanitary manner, (12) Any my auction public sale, or other auction house operation; 25 (13) Any Any- commercial excavation of building or construction materials; (14) Any ,my smelting of iron, tin, zinc, or other ores. 30 (b) In order to provide for the efficient operation of the Property and to min- imize parking and traffic problems: (1) Each occupant of any part of the Property shall not permit any dis- play or sale of merchandise, or any storage or placement of merchandise, portable signs or other 35 objects belonging to an occupant outside the defined exterior walls, roof and permanent doorways of any store premises except that the occupant of the Market Parcel may (A) use the portion of the Common Area adjacent to the mw4tet buildin Market Building within the Market Parcel delineated on Exhibit "B" hereof for a flagpole, and (B) may use the sidewalk adjacent to the market building e Market Parcel Building for the storage of shopping carts and for the placement 40 and operation of bicycle racks, water - vending machines, automatic teller machines and telephone booths, provided any such sale or activity (i) shall not unreasonably impede pedestrian traffic, (ii) shall not be conducted on the parking area, (iii) shall be conducted in compliance with all applicable regulations Regulations. and (iv) the occupant conducting such sale shall cleanup any debris and/or refuse attributable to same. Any outdoor shopping cart storage shall be screened 45 from view of the narking area in a manner acceptable to the City of La Quinta, (2) Each occupant of any part of the Property shall not have or permit any merchandise or substance which will (i) cause or threaten the cancellation of any insurance covering all or any part of the Property, or (ii) increase the insurance rates applicable to all or any 50 part of the Property over the rates which would otherwise apply. (3) No portion.of the Property shall be used (A) for industrial use; (B) any governmental use or office, except as expressly permitted hereunder, (C) for the opera- 1061.15.05 /C C R /04.25.94 tion of a massage parlor, adult book or video store, or for the sale, rental or exhibition of porno- graphic material (provided that the sale or rental of "adult" materials by a book or video store shall not violate this restriction if the sale or rental is in compliance with applicable Regulations and is an incidental use with no sign, advertisement or display in the storefront window or in locations visi- 5 ble from the outside); (D) by occupants that create undue noise, litter or odor, (E) for a beer tavern, bar, or cocktail lounge (but this shall not prevent the incidental sale of liquor for on- premises consumption as part of a sit -down restaurant otherwise permitted under Subsection 5.2(b)(8)); (F) for a skating rink, billiard parlor, amusement center, bowling alley, health spa, exercise club, or other similar operations; (G) for a hotel, motor inn, school, vehicle or 10 boat dealer (or similar enterprise), theater, or funeral parlor, or (H) a swap meet, flea market, auc- tion house or warehouse (excluding a warehouse -type supermarket operated by Ralphs or Ralphs' successor -in- interest during the existence of the Ralphs Lease). Notwithstanding any provision contained herein to the eentruy! (*) contrary; one (1) first class children's day care center not to exceed approximately five thousand (5,000) square feet of Building Area (specifically excluding 15 any play yard area) shall be permitted within either Parcel (Pad D on Exhibit "B ") or Parcel (Shop No. 2 on Exhibit "B ") , provided that during Ralphs' or Ralphs' successor -in- interest's occupancy of the Market Parcel, the day care center does not increase the liability of Ralphs, or its successors or assigns, nor in any way impair Ralphs' ability 20 to obtain a Class 21 Off sale off -sale general liquor license, nor increase any costs affecting the Property which are not borne by Declarant, or the occupant of the day care center. The lease for any such children's day care center shall state that the day care center will not oppose or protest the issuance of said liquor license to Ralphs. Any such day care center shall be solely and exclusively responsible for any and all costs associated with the play yard mentioned above specifically 25 including, but not limited to, the landscaping, maintenance and insurance; and (4) During the term of the Ralphs Lease and any extensions thereof, no portion of the northerly fly (40) feet of Shop l Nod shall be used for real estate, insurance, escrow, medical, legal or dental offices. 30 (5) During the term of the Ralphs Lease and any extensions thereof, no portion of the northerly -4.9 foM (40) feet of Shop No. l shall be used for an "In -Line Fast Food Use" (hereinafter defined). Other locations within the Property not expressly prohibited herein may be used for In -Line Fast Food Use. As used herein, the term "In -Line Fast Food Use" refers 35 to fast food uses in primarily for off - premises consumtion without table service not exceeding two thousand (2,000) square feet of floor area per location, including but lkiited-te a bagel shop, sandwich shop, cookie shop, donut shop, ice cream shop or frozen yogurt 40 (6) During the term of the Ralphs Lease and any extensions thereof, Pad Fast Food Use is permitted on up to LWQ (2) of Parcels _, _ of the Par-eel Map 45 _ and (Building Pads B, C and D in 4ll Exhibit "B —hereef). "B_'l. As used herein, the term "Pad Fast Food Use" refers to fast food uses in any of the buildings constructed in the building pads within the Property including but not limited to a bagel shop , . hamburgers. hot does or similar fast - food - services with drive -thm and servine food primarily for off - premises 50 consumption. (7) During the term of the Ralphs Lease and any extensions thereof, no portion of the westerly half of Shop h1g, 2 shall be used for a food use or restaurant in 1061.15.05 /C C R /04.25.9 4 0 0 5 10 0 0 VI &MM614WO E111 -- 011ie ._1.• NIVIPM R11 1:1 • • - �•• : el• 1." Cj (8) During the term of the Ralphs Lease and any extensionstheFeeF,, ne not expressly prohibited here herein, may be used for Restaurant Uses provided (a) the aggregate square footage of sueh use does all Restaurant Uses shall not exceed 11,000 eleven thousand (11.000) square feet. and (b) no single Restaurant Use may exceed six thousand two hundred (6.200) square feet of Floor Area. As used herein, the teFm "Majef Feed area, Use" r-efer-s te a restaurant use net eyweeding six thousand (6,000) square feet ef floor- 15 (9) During the term of the Ralphs Lease and any extensions thereof, no Supemiarket" "Market" may be operated on any portion of the Property except within the Market Building ffes; Area as depicted on Exhibit "B." As used in this Subsection, the term Supe et" "Market„ shall mean any of the following: a supermarket, mini -mart or mini- 20 market, general food market or grocery store, meat market, fruit store, vegetable store, cheese store, liquor store, delicatessen, bakery (including pie shop and cake shop) or any combination thereof, or, subject to the next sentence, any store selling any of the items or lines of items referred to in this sentence, except as an incidental part of other business. 25 (10) No portion of the Property other than Shop 1 (hereinafter- defined No. 1 or Shop No. 2 shall be occupied or used for the purpose of operating a drug store and/or for the handling and sale of any item of merchandise which, by law, must be sold by or in the presence of a licensed pharmacist ( "Drug Store "); provided however, the failure of a dFugstere Drug Store to open for business upon Shop -1 No. 1 or Shop No. 2 within twenty -four (24) 30 months after the date hereof or the failure to operate a Drug Store upon Shop 4 No. 1 or Shop No. 2 for a period in excess of twenty four (24) months shall cause the foregoing restriction to automatically terminate, in which event Ralphs or its successor (during the existence of the Ralphs Lease) shall have until four (4) months thereafter to notify all the Owners that Ralphs intends to use a portion of the supefmarket building within the Market PaFeel as a Dfug Store. Market 35 Building for an in -store pharmacy, If Ralphs shall fail to so notify the Owners within said four (4) month period, or if following Ralphs notice to the Owners, Ralphs shall fail to open a mere an in -store Rharmacy from within the supermaFket building Market Building within six (6) months after said four (4) month period, then the Drug Store exclusive described above shall continue for an additional twenty-four (24) months during which time an Owner must cause 40 a dFugstere Drug Store to have opened for business in Shop No. 1 or Shop No. 2 (in which event the Drug Store exclusive shall continue as to such Owner), or the provisions of this Paragraph 5.2 (b)(10) shall automatically terminate. Notwithstanding the above, this Subseetien Paragraph shall not preclude the sale of health and beauty aids and nonprescription drugs in any Building Areas within the Property. 45 (11) All buildings at or upon the Property will be occupied and used only by businesses for the retail selling of goods, wares, merchandise and services (including those permitted pursuant to Section 5•2( 5.2fblr411 meeting the requirements of this Section. 1 ►• •• •1. • •• • �". W s UR i._•__. %•• "ll► 1,. •: . • -_• • -• • 1" •._••• - • ••-•:1.1.' .. _, •. a /.1' e.l� .•:.1 1061.15.05/CCR/04.25.94 10 • r 5 15 20 25 30 35 or check cashing within the Market Building at the cash register areas or the installation of an ATM • Lexim • • ' esi .!% • MIMMIMItrastwo •1i.. 1 r., (Merer,11.71M 10=0MN IMMOslick 1. 5.3 Other Qperations and Uses. 40 (a) Operations and uses which are neither specifically prohibited nor specifi- cally authorized by the Design Guidelines or which are designated "discretionary" within the Design Guidelines are permitted provided such uses are (i) approved by the City of La Quinta as evidenced by a conditional use permit and/or any other necessary governmental approval, permit or 45 license, and (ii) not otherwise restricted under this Declaration. (b) Neither Declarant, nor its officers, directors, agents, employees, succes- sors or assigns, shall be liable in damages to anyone submitting plans and specifications to it for approval, or to any Owner of any part of the Property affected by this Declaration, by reason of 50 mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any such plans and specifications. Declarant's approval of any plan or specification shall not be construed as any representation or warranty of approval by any applicable governmental authority or agency, or constitute the assumption of any responsibility by, 1061.15.05/CCR/04.25.94 11 f R 10 15 20 9 35 M 45 50 or impose any liability upon, Declarant or its representatives as to the accuracy, efficiency or suffi- ciency thereof. 5.4 Building Restrictions: Height Limitations. (a) No building shall be constructed or located on any part of the Property other than on areas designated as Building Area on Exhibit "B." (b) The buildings to be constructed in the Building Areas shall have the fol- lowing maximum heights (excluding towers and other architectural features): �•R M• Market Building Shop No. 1 34 feet 26 feet 26 feet Pad A 26 feet Fad B Pad C. 26 feet 26 feet Pad D 26 feet lip Towers and other architectural features shall be permitted to exceed the above maximum heights provided no tower or other architectural feature shall exceed _ forty -five (45) feet in height. 5.5 Permitted Uses Of Common Areas. The Common Areas of the Shopping Center shall be used for "Parking" and for "Service" (as hereinafter defined) and for no other purposes except those specifically permitted herein, without the prior written consent of Declarant, which consent may be withheld in Declarant's sole and absolute discretion. No changes in the number of parking spaces, traffic flow patterns, or in the configuration of the Common Areas from that shown on the Exhibit "B" shall be made without the prior written consent of Declarant, which consent may be withheld in Declarant's sole and absolute discretion, provided: (b) any change to the Primary Common Area as depicted on the Site Plan shall require the prior written consent of Ralphs or Ralphs' successor -in- interest during the existence of the Ralphs Lease; wi (c) there shall be no reduction in the number of parking spaces in the Shopping Center below the number of spaces to be originally provided as set forth in Exhibit "B" hereof 1061.15.05/CCR/04.25.94 12 f • t without the prior written consent of Ralphs or Ralphs' successor -in- interest during the existence of the Ralphs Lease; Lease, 5.6 Parking. The term "Parking" as used herein shall mean and be deemed to include 5 and permit the following: (a) the parking of passenger vehicles and the pedestrian and vehicular traffic of the Owners and their respective heirs, successors, assigns, grantees, mortgagees, tenants, sub- tenants, licensees and concessionaires of any and all portions of the Building Areas within the 10 Shepping Gente Property (collectively "Permitted Users "), and the officers, directors, agents, employees, customers, clients, visitors, licensees and invitees of each of them; (b) the ingress and egress of any of the above designated persons and the vehi- cles thereof, to and from any portion of the Common Areas and any of the public streets adjacent to 15 the Cenm3eezAaea; Pmpe tvr (c) the installation, maintenance and opm ien; gperation within the confines of the Common Areas, of all underground public utilities required to serve and serving Building Areas and all other required areas, if any, together with and including vaults, manholes, meters, 20 pipelines, valves, hydrants, sprinkler controls, conduits and related facilities, and sewage facilities, all of which shall be even with or below the surface, except hydrants, transformers, risers and other facilities which by their nature must be installed, maintained or operated above ground; (d) the movement of pedestrians and passenger vehicles between mercantile, 25 business and professional establishments and occupants located or to be located within the Building Areas of the She , Prooerty; (e) the provision of other facilities such as mailboxes, public telephones and benches for the comfort and convenience of customers, visitors, invitees, and patrons of the mer- 3 0 cantile, business and professional establishments and occupants located or to be located within the Building Areas or any portion thereof, as the Owners may from time to time deem appropriate; (f) subject to Section 5.5 hereof, the construction, maintenance, repair, replacement, rearrangement and reconstruction of parking sites or stalls, including bumpers, pri- 3 5 vate streets, sidewalks, ramps, driveways, lanes, curbs, gutters, traffic control areas, signals, directional signs, traffic islands, traffic and parking lighting facilities, underground public utilities, underground sewage facilities, and all other common facilities in accordance with the terms of this Declaration; 40 (g) subject to obtaining all required governmental approvals therefor, Deelar -ant the owner(s) of the applicable Parcel(s) may erect or cause to be erected _ six (6) monument sign structures in the locations indicated on the Exhibit "B." The monument sign structure and identification signs thereon shall conform to the Project Sign Program prepared by a licensed architect and approved by 45 . Declarant. Bank and Ralphs and on file with the City of La Ouinta. The occupant of the Market Parcel alone shall be entitled to install its identification sign on the bottom sign position of the menumen . two (2) main shopping center identification signs as delineated on Exhibit "B" hereof. Declarant shall be entitled to install a project identification sign on the upper 50 sign positiea positions of the shopping center identification sigma,, Should any Owner or tenant fail to maintain its sign, such maintenance shall be performed by Declarant and billed directly to such Owner or tenant. Declarant and the other Owners may erect such other signs within the Shepping- Center Property specifically including monument signs as shown on Exhibit "B" 1061.15.05 /C C R /04.25.94 13 hereof, as governmental approvals may be obtained for provided such sign(s) (i) do not impact the ability of any Owner or tenant to maintain their then existing sign(s) and/ or the pylex monument or shopping center identification signs described above, (ii) do not block or obstruct any existing pylen; monument or showing center identification or building sign(s), and (iii) are in compliance 5 with the approved eject Sign Via; (h) the construction, maintenance, repair, replacement and reconstruction of any landscaped area including planters, planting boxes, edgers, decorative walls, and sprinklers and valves, all as may be required by any governmental authority having jurisdiction over the Property; 10 and (i) except for the truck loading ramp located in the seetheast southwest corner of the Market Parcel the Common Areas shall not at any time be used for the parking of large trucks nor the loading or unloading thereof except for the parking, loading or unloading of trucks 15 during and in connection with the construction or demolition of buildings upon any Building Areas, the servicing and supplying of Building Areas which cannot be serviced and supplied from areas designated as loading areas, the short-term parking (not more than twenty [20] minutes) of small delivery trucks for loading and unloading of merchandise, the delivery or removal of trade fixtures (including signs) or the construction, repair or maintenance of parking area and 20 improvements and facilities herein permitted, upon the condition that any such use shall be confined to that which is reasonably necessary in connection with the matters herein specified and shall be diligently and promptly performed. 5.7 The term "Service" as used herein shall mean and be deemed to include and permit 25 the following: (a) the ingress and egress of delivery and service trucks and vehicles to and from the Building Areas within the Shopping , Property, or any portion thereof and the public streets adjacent to the Property for the delivery of goods, wares, or merchandise and the 30 rendition of services to the Owners and their respective Permitted Users; (b) the ingress and egress of any of the above designated persons and the vehi- cles thereof, to and from any portion of the Property and the public streets; 35 (c) the installation, operation, repair, replacement and maintenance of mail- boxes and public utilities, together with vaults, manholes, meters, pipelines, valves, hydrants, conduits, poles and related facilities, and sewage services, serving any Building Areas; provided, however, that any poles or other above- surface installations shall be located so that there shall be an unimpeded access for vehicles and trucks to and from the public streets from and to the loading 40 areas of any Building Area and all crossarms and pole racks and the like attached thereto shall be in compliance with all applicable laws. In the event any Owner or tenant shall damage any of the Common Areas through the repair, maintenance, use, operation or replacement of any utility line, conduit or pipe, such damages shall be promptly repaired to the condition existing prior to such damage by such Owner or tenant to Declarant's reasonable satisfaction; 45 (d) subject to the provisions of Sections 5.5 hereof, the rearrangement and reconstruction of truck loading and unloading areas including ramps, docks and similar facilities; trash, refuse and garbage container storage areas; the opening of doors from Building Areas onto and over the Common Areas adjacent to the Building Areas; areas for the parking of the automo- 5 0 biles of employees or the occupants of any Building Areas; and other incidental and related facili- ties; 10 61.15.05 /C C R /04.25.94 14 t • (e) the temporary parking or standing of trucks, tractors, trailers and other delivery vehicles used in conjunction with the exercise of any of the activities described in Subparagraph 5.7(a); and 5 (f) the storage of shopping carts at one or more locations as shown on Exhibit," "B" or as approved by Dew; Declarant and the City of La Ouinta. which approval shall not be unreasonably withheld or delayed; and (g) all the Service uses permitted within the Common Area shall be performed 10 with reason and judgment so as not to unreasonably interfere with the serving and supplying of the loading areas of the Building Areas. 3-8 •� M 20 6.1 Exclusive Authority Over Common Areas. Declarant shall exclusively operate and maintain all Common Areas within the Shepping Center; R=erty. consisting of driveways, sidewalks, parking areas, delivery ways, loading areas (except loading ramps and docks for exclusive use by an Owner or occupant), monument sign structure(s), if any, monument signs 25 (excluding monument signs erected by individual owner or tenant), landscaped areas, boundary walls and comfort stations, which authority shall also include the right to enact reasonable and nondiscriminatory rules and regulations for the use and operation of the Common Areas, which rules and regulations may include restrictions on employee parking. In connection therewith, Declarant shall have the right to employ one (1) or more independent parties or entities to assume 30 and perform all of the maintenance obligations provided for in this Declaration. The employment of any independent party as provided for herein shall be binding upon any Owner who has or subsequently acquires an interest in any portion of the Property. Any independent party or entity employed by Declarant shall be subject to removal in Declarant's sole and absolute discretion. 35 6.2 Common Areas Maintenance Easements. and Other Uses. Declarant hereby reserves to itself and its successors and assigns, together with the right to grant and transfer all or a portion of the same, non exclusive nonexclusive easement rights on, over, under and across the Common Areas for the purpose of landscaping, maintenance, repair and replacement of the Improvements thereto including the installation, operation and maintenance of irrigation systems 40 and controls pertaining thereto. Declarant shall also have the right of ingress and egress over any and all other parts of the Property and any Parcel to gain access to the Common Areas; provided, however, that such ingress and egress shall not unreasonably interfere with the use of any Parcel by the Owner or any lawful occupant thereof. 45 (a) Intentionally Omitted (b) Within twenty (20) days after the receipt of an itemized statement from Declarant showing "Common Areas Maintenance Costs" (defined hereinbelow) paid or incurred during a particular period, each Owner shall pay its "Proportionate Share" of all such Common 50 Areas Maintenance Costs as itemized by Declarant on each such statement. Subjeet to the pmvi siens of A,.t; 1 IX (dealing ith phasing of Deela nr's development of the pert a eh 1r.,..1. Owner's Proportionate Share shall be determined by dividing the gross ground floor square footage building area Building Area of such Owner's Parcel by the ground floor square footage 10 61.15.05 /C C R /04.25.94 15 1 • 5 10 • building Building Area of all buildings located within the Property as shown on the Site Plan, as amended from time to time.. The initial Proportionate Shares of the Parcels of the -PFe. as follows is as follows: Parcel Shop No. 1 8 .ffi 15 Parcel Market Parcel 51.6% Parcel Pad A 7.7% Parcel Pad B 7.0% Parcel Pad C 6.2% Parcel Pad D 6.2% 20 As used herein, "Common Areas Maintenance Costs" shall include, but are not limited to, all actual costs and expenses from time to time incurred by Declarant for: (i) planting, landscaping, and maintaining the landscaping within the Common Areas; (ii) operation, mainte- nance, and repair of irrigation systems serving landscaping located with the Common Areas; 25 (iii) the provision of reasonably adequate lighting of the Common Areas during the business hours of darkness (provided Common Areas lighting required after 11:00 p.m. shall not be considered as an item of Common Areas Maintenance Costs and shall be paid by the occupant(s) or Owner(s) requesting same); (iv) water, electricity and other utility services servicing the Common Areas; (v) security patrols if deemed necessary by Declarant; (vi) janitorial services for any public facili- 3 0 ties located within the Common Areas; (vii) maintenance of, repairs to, and replacement of the parking areas and sidewalks including sweeping, bumpers, directional signs and striping; (viii) graffiti removal to the extent not provided by any governmental agency; (ix) fees or charges of personnel to manage, implement or perform any or all such services; (x) a management fee equal to fifteen percent (15 %) of the Common Areas Maintenance Costs for all Parcels having 35 Building Areas occupied by tenants occupying less than ten thousand (10,000) square feet of floor area, and a management fee equal to ten percent (10 %) of the Common Areas Maintenance Costs for all Parcels having Building Areas occupied by tenants occupying ten thousand (10,000) or more square feet of floor area. With regard to tenants occupying ten thousand (10,000) or more square feet of floor area, the ten percent (10 %) management fee shall exclude from the computa- 4 0 tion of same insurance premiums, single expenditures in excess of Ten Thousand Dollars ($10,000.00) (of which only the first Ten Thousand Dollars ($10,000.00) of any such expenditure shall be subject to a management fee), depreciation, and fees paid to others for management duties; (xi) the insurance on the Common Areas provided in Article XI hereof; and (xii) Declarant's share of the cost of Werating and maintaining the reciprocal driveway on the northern boundary of 45 the Property under that certain Reciprocal Access Easement Agreement recorded on . 1994. as Instrument No. of the Official Records of Riverside County. California: (xiii) any other items of maintenance, repair, or replacement that may be needed from time to time to maintain the Common Areas and/or to cause the Common Areas to comply with all applicable govemmental requirements. Regulations. Declarant shall use 50 reasonable efforts to hold the Common Area Maintenance Costs to a reasonable amount consistent with the operation and maintenance of a first -class integrated retail shopping center. Should Declarant utilize any affiliates or affiliated companies to provide any item(s) of Common Area 1061.15.05 /C C R /04.25.94 16 Maintenance, the amounts charged by such affiliates or affiliated companies shall not exceed the amount charged by unaffiliated professional providers of the same service(s). (c) In lieu of billing the Owners for their shares of the Common Areas 5 Maintenance Costs after such costs have actually been incurred, Declarant reserves the right to bill the Owners for their Proportionate Shares of the Common Areas Maintenance Costs on an esti- mated basis commencing on the first day of the first month the Common Areas within the Market Parcel are open for use by the general public. In such event, Declarant shall reasonably estimate the Common Areas Maintenance Costs for the upcoming twelve (12) months and bill the Owners 10 for such Costs in equal monthly installments. Declarant shall keep accurate books and records of the Common Areas Maintenance Costs which books and records shall be open for inspection and copying by any Owner and such Owner's designated accountants and attorneys. Each Owner shall pay such estimates within ten (10) days of receipt. In the event any Owner shall fail to pay such estimate within ten (10) days of receipt, such Owner shall pay a late fee equal to four per- 15 cent (4 %) of the overdue amount. Declarant shall provide to each Owner within sixty (60) days following the close of each calendar year a written reconciliation detailing the actual Common Areas Maintenance Costs incurred during the prior year together with the amounts paid by such Owners toward such Costs. In the event any Owner shall have not paid an amount through its monthly estimated payments equal to its Proportionate Share of the actual Common Areas 20 Maintenance Costs, such Owner shall pay any additional amount due within twenty (20) days of such Owner's receipt of the year end reconciliation. In the event any Owner shall have overpaid through its monthly estimated payments its Proportionate Share of the actual Common Areas Maintenance Costs, such Owner shall receive a credit in & the amount of such overpayment against future estimated payments. Declarant shall permit each Owner and Ralphs (or its 25 successor) during the term of the Ralphs Lease, and any extensions thereof, to audit at no expense to Declarant, all books and records pertaining to the Common Area Maintenance Costs upon reasonable prior written notice during regular business hours. In the event an audit shall disclose an overbilling against the auditing party in excess of two percent (2 %) of the amount billed, Declarant shall reimburse the auditing party for the cost of the audit not to exceed Five Hundred 30 Dollars ($500.00). Declarant shall retain the books and records of Common Area Maintenance Costs for three (3) years following the date same are audited. last day of the applicable ,year. (d) Except as provided in Article IX hereof, no Owner shall alter or obstruct the Common Areas in any way without the express written approval of Declarant, in Declarant's 35 sole but reasonable discretion, and during such time as Ralphs, or its successor -in- interest, shall be the tenant of the Market Parcel, without the express written approval of Ralphs, or its successor -in- interest. In addition to any other remedies it may have, Declarant may, after giving ten (10)4ays! d= notice to any Owner who violates this provision, enjoin, remove or abate any such obstruction or alteration of the Common Areas. In such event, Declarant shall be entitled to 40 reimbursement from such Owner of all of Declarant's costs and expenses associated therewith including, but not limited to, reasonable attorneys' fees, upon such Owner's receipt of Declarant's written demand therefor. 6.3 Remedies for Non - Payment. If any Owner shall fail to make any payment when 45 due and payable under this Article; Article together with interest thereon at the maximum rate then permitted by law from and after the date such payment is delinquent, then in addition to all other rights at law for damages (including reasonable attorneys' fees, court costs and other costs of collection or enforcement) er rights in equity for specific performance to enjoin a violation of any provision in this instrument or to enforce any other compliance therewith, or any other rights or 50 remedies available to Declarant, any such unpaid amount (including all such interest and costs) shall, upon the recordation of a notice of default, become a continuing lien and charge against the applicable Parcel owned by the defaulting Owner until paid. The unpaid amount shall also be the personal obligation of such Owner until paid. In connection therewith, Declarant may serve upon 1061.15.05 /C C R /04.25.94 17 f 1 the defaulting Owner, and may record with the Riverside County Recorder, a notice of default reciting the nature of the breach, the legal description of the affected Parcel, the name of the applicable Owner and the total amounts due. If the amounts due are paid within thirty (30) days after such recording or delivery of notice (or within such longer period as may be required by law), 5 Declarant shall forthwith record an appropriate release of any recorded lien at the sole expense of the defaulting Owner. If the amounts due are not timely paid, Declarant may foreclose such lien by a sale conducted pursuant to the applicable sections of the California Civil Code or other statutory provisions applicable to the exercise of powers of sale in mortgages or deeds of trust, or in any other manner permitted by law. Declarant, through its authorized representatives, may bid on and 10 acquire any property subject to such lien at any such foreclosure sale. 6.4 Reservation Of Common Areas Ingress/Egress/Parking Easements. Declarant Wd Bla hereby r- esetwes reserve for the benefit of itself themselves and all Owners and their respective successors, assigns, grantees, employees, tenants, subtenants, licensees, 15 concessionaires, agents, representatives, customers, clients, patrons, guests and invitees, nen- exclusive nonexclusive easements and easement rights over the Common Areas for (i) vehicular and pedestrian ingress and egress between the public streets adjoining the Property and the Building Areas within the Property, and (ii) vehicular parking over the portions of the Common Areas specifically improved for vehicular parking. Each such nen exelusive nonexclusive 20 easement and easement rights shall be appurtenant to and pass with the title to every Parcel, subject to the following rights and restrictions: (a) The right of Declarant to adopt and to enforce reasonable and nen- disefiwiinater-y fules nondiscriminatory rules and regulations restricting or otherwise governing use 25 of the Common Areas. (b) The right of Declarant or its designees to enter on the Common Areas to landscape and construct Improvements thereon and to operate, maintain and make repairs thereon. 30 (c) The right of the Association or its agents to enter upon the Common Areas to perform any obligatiens obligations. but only where specifically delegated to the Association in writing by Declarant. 6.5 Reservation Of Easements For Declaration Purposes. Declarant and Bank hereby 35 reserves reserve for the benefit of itself themselves and all Owners and their respective successors, assigns, grantees, employees, tenants, subtenants, licensees, concessionaires, agents, representatives, guests and invitees nonexclusive easements and easement rights appurtenant to all Parcels of the Property over, across, upon, in, under and through the Common Areas for the purposes set forth in this Declaration specifically including, but not limited to, the construction, 40 installation, operation, repair and maintenance of the Common Area improvements. 6.6 Grant Of Easements For Access. Each Owner hereto, as grantor, hereby irrevoca- bly grants to each other Owner during the term of this Declaration and all extensions thereof, for the benefit of such other Owners, their respective successors, assigns, tenants, employees, agents, 45 customers and invitees, and the customers, employees and invitees of such tenants, and for the benefit of each Parcel belonging to the other Owners as grantees, reciprocal nonexclusive ingress and egress for vehicular and pedestrian traffic and the right of vehicular parking upon, over and across the portion of the Common Areas within the grantor's Parcel(s). 50 6.7 Grant Of Easements For Declaration Purposes. Each Owner does hereby irrevoca- bly grant to the other Owners during the term of this Declaration and all extensions thereof, their successors and assigns, grantees, tenants, subtenants, licensees, concessionaires and agents, employees, customers, visitors and invitees nonexclusive easements and easement rights appur- 10 61.15.05 /C C R /04.25.94 18 f • tenant to all Parcels of the Property over, across, upon, in, under and through the Common Areas within the grantor's Parcel(s) for the purposes set forth in this Declaration. 6.8 Declarant's Successor. At such time as Declarant shall cease to be an Owner of any 5 portion of the Property, the authority over, and maintenance of the Common Areas as prescribed in this Article VI shall automatically pass to the Owner of the Market Parcel. WwRisomael 10 7.1 Inspection Rights. Declarant and its authorized representatives may, from time to time, at any reasonable hour, enter upon and inspect the Property, any Parcel or any portion thereof or Improvements thereon, to ascertain compliance with any of the Restrictions contained herein, but without obligation to do so or liability therefor. 15 7.2 Default and Remedies. In the event of any breach, default, noncompliance, vio- lation or failure to perform or satisfy any of the Restrictions contained herein (collectively "Breach ") which has not been cured within thirty (30) days after written notice from Declarant to do so (or if any such Breach is not reasonably susceptible of cure within such thirty (30) day 20 period, then if the Owner has not commenced promptly within the thirty (30) day period and there- after diligently continued to prosecute such cure to completion), Declarant, in its sole discretion, may enforce any one or more of the following remedies or any other rights or remedies to which Declarant may be entitled at law or in equity, whether or not set forth herein. To the maximum extent permitted by law, all remedies provided herein or by law or equity shall be cumulative and 25 not mutually exclusive. (a) Damages. Declarant may bring a suit for damages for any compensable Breach of any of the Restrictions contained herein, or for declaratory relief to determine the enforceability of any of the Restrictions. 30 (b) Equity. By their acquisition of legal title to any Parcel within the Property, each Owner recogni an zes d agrees that a Breach by any Owner of one or more of the Restrictions contained herein may cause the Declarant and/or the other Owners to suffer material injury or damages not compensable in money. In the event of such 35 a Breach, the Owners further agree that Declarant and each other Owner shall be entitled to bring an action in equity or otherwise for specific performance to enforce compliance with these Restrictions or for an injunction to enjoin the continuance of any Breach thereof. (c) Abatement and Lien RigbM. Any Breach of these Restrictions or any 40 provisions hereof is hereby declared to be a nuisance, and Declarant shall be entitled to enter the Parcel or portion of the Property as to which the Breach exists and summarily abate and remove, without further legal process to the maximum extent permitted by law, any. structure, thing, or condition that may exist in Breach of any of these Restrictions, or to prosecute any remedy allowed by law or equity for the abatement of such nuisance against any person or entity acting or failing to 45 act in breach of these Restrictions, all at the sole cost and expense of the Owner of the applicable Parcel. Any costs or expenses paid or incurred by Declarant in abating such nuisance or prosecuting any such remedy (including all reasonable attorneys' fees and costs of collection), together with interest thereon at the maximum rate permitted by law, shall, upon recordation of a notice of default, become a continuing lien and charge against the Parcel(s) as to which the Breach 50 exists until paid, and shall also be the personal obligation of that person who was Owner of such Parcel when such charges became due or who committed such Breach. Any such lien shall be enforceable as provided in Section 6.3 above. 1061.15.05 /CCR/04.25.94 19 1 i . - 7.3 Waiver. No waiver by Declarant or any other Owner of a Breach of any of these Restrictions and no delay or failure to enforce any of these Restrictions shall be construed or held to be a waiver of any succeeding or preceding Breach of the same or any other of these Restrictions. No waiver by Declarant of any Breach hereunder shall be implied from any omission 5 by Declarant to take any action on account of such Breach if such Breach persists or is repeated, and no express waiver shall affect a Breach other than as specified in said MLGh waiver. The consent or approval by Declarant to or of any act by any Owner requiring Declarant's consent or approval shall not be deemed to waive or render unnecessary Declarant's consent or approval to or of any subsequent similar acts by such Owner or any other Owner. 10 7.4 Costs of Enforcement. If any legal or equitable action or proceeding is instituted to enforce any provision of this Declaration, the party prevailing in such action shall be entitled to recover from the losing party all of its costs, including court costs and reasonable attorneys' fees, as awarded by the court as part of its judgment or order thereon. 15 7.5 Rights of Lenders. No breach or violation of any provision of this Declaration shall defeat or render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to the development, construction, or perma- nent financing or refinancing of any Parcel or portion thereof or any Improvement thereon; pro- 20 vided that all of the provisions of this Declaration shall be binding upon and effective against any subsequent Owner of any Parcel whose title is acquired by foreclosure, whether judicially or by power of sale, trustee's sale, deed in lieu of foreclosure, or otherwise pursuant to such lien rights, but such subsequent Owner shall take title free and clear of any violations hereunder occurring 25 prior to such transfer of title. ARTICLE VIII TERM AND MATTERS AFFECTING RIGHTS AND DEITIES 8.1 J=. This Declaration, every provision hereof and every covenant, servitude, 30 condition, restriction and easement contained herein, shall continue in full force and effect for a period of forty (40) years commencing on the date of recording of this Declaration. Thereafter, this Declaration shall be deemed to have been automatically renewed for successive terms of ten (10) years each unless revoked by an instrument in writing, executed and acknowledged by (a) Owners holding seventy-five percent (75 %) of the total ground floor square footage Building 35 Areas then subject to the Restrictions, and (b) Declarant during such time as Declarant shall remain an Owner, and (c) the City of La Quinta, and recorded in the Office of the County Recorder of Riverside County within ninety (90) days prior to the expiration of the initial forty (40) year term or any ten (10) year renewal period. 40 8.2 Termination or Modification. This Declaration and any provision hereof, may be terminated, modified or amended as to all or any portion of the Pr-eper-ty, but Property only with the written consent of either (i) the Owners of at least fifty -one percent (51 %) of the portion of the Property not owned by Declarant, and Ralphs (or its successor -in- interest) during the existence of the Ralphs Lease, and any extensions thereof, or (ii) Declarant alene and Bank only so long as it 45 Declarant remains an Owner of at least ten percent (10 %) of the portion of the Property then subject to the Restrictions, and Ralphs (or its successor -in- interest) during the existence of the Ralphs Lease, and any extensions thereof, in each case based on the number of square feet of ground floor Building Areas owned as compared to the total number of square feet of ground floor Building Areas subject to these Restrictions; provided, however, that so long as Declarant shall 50 remain an Owner no such termination, extension, modification or amendment shall be effective without the written approval of Declarant thereto, in its sole discretion. Further, notwithstanding the provisions in this Article VIII, neither the rights granted hereunder nor the conditions and Restrictions created hereby may be terminated, revoked or otherwise substantially modified 1061.15.05 /CCR/04.25.94 20 1 without the prior written consent of the City ManageF Planning and Development Director of the City of La Quinta, a certified copy of which shall be recorded, as to the obligations to grant, maintain and enforce reciprocal access rights and easements for ingress, and egress and access, relating to required parking, utilities and drainage for all lots, joint use of access, maintenance of 5 landscaping, and the provisions of Miele XTV, or- ether- applieable obligadens herein Felafing to 10 8.3 Assignment by Declarant. Any and all of the rights, powers, duties and reserva- tions of Declarant contained in this Declaration may be assigned by Declarant in writing to a California non pfefi t nonprofit mutual benefit corporation ( "Association ") formed, organized and operated in accordance with Article X hereof. Such assignment need not be accepted by the Association to be effective. The Association. shall, to the extent of such assignment, have the same 15 rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. Any such assignment shall relieve Declarant from its duties under this Declaration so assigned. Upon written request of any Owner, Declarant or the Association shall advise such Owner of which of Declarant's rights, powers, duties, and obligations have been assigned to the Association. At such time as Declarant shall cease to be an Owner, the Owner of 20 the Market Parcel shall automatically assume the powers and obligations of Declarant under this Declaration, subject to the right of such Owner to assign same to the Association as provided above. ARTICLE IX 25 INTENTIONALLY OMITTED ..V- 30 10.1 Membership. After the Association is incorporated, and following Declarant's assignment of rights and obligations as provided in Section 8.3 hereof, upon becoming the Owner of a Parcel(s) such Owner shall automatically be a member of the Association, and shall remain a member thereof until such time as his ownership of such Parcel(s) ceases for any reason. Membership in the Association shall be held in accordance with the Articles and Bylaws of the 35 Association. 10.2 Transfer of Membership. Membership in the Association shall not be transferred, encumbered, pledged or alienated in any way, except upon the sale or encumbrance of the Parcel to which it is appurtenant, and then only to the purchaser, in the case of a sale, or mortgagee in the 40 case of an encumbrance of such Parcel. On any transfer of title to an Owner's Parcel, including a transfer on the death of an Owner, membership in the Association shall pass automatically with title to the Parcel to the transferee. A mortgagee shall not have membership rights until it obtains title to the Parcel through the exercise of its power of sale, foreclosure or deed in lieu thereof. Any attempt to make a prohibited transfer of a membership in the Association is void. No Owner may 45 resign or abandon his membership in the Association. On notice of a transfer of an Association membership, the Association shall record the transfer on its books. 101 Membership: Classes and Voting _Rights. The Association shall have one (1) class of voting membership: 50 The members of the Association shall be all Owners (including, if applicable, Declarant). Each member shall be entitled to one (1) vote for each one hundred (100) square feet of ground floor Building Areas completed to at least a shell stage contained within such Owner's 1061.15.05/CCR/04.25.94 21 • Parcel, which gross square footage shall be rounded up or down to the nearest number divisible by one hundred (100). When more than one (1) person holds an interest in any Parcel, all such per- sons shall be members; provided, however, that the number of votes attributable to ownership of such Parcel shall not be increased as a result of such multiple ownership and the vote(s) for such 5 Parcel shall be exercised as a majority of the Owners thereof shall determine in writing. 10.4 Creation of the Lien and Personal Obligation of Assessments. Declarant, for each Parcel it owns within the Shopping Center, hereby covenants, and each Owner of any Parcel within the Shopping Center by acceptance of a deed therefor, whether or not it shall be so 10 expressed in such deed, effective on the date Declarant assigns its rights and obligations to the Association as provided in Section 8.3 hereof, covenants and agrees: (1) W to pay the Association assessments for Common Area Maintenance Costs, other assessments, whether annual or special, and charges for purposes permitted herein; and ( ) LU to allow the Association to enforce any assessment lien established hereunder by nonjudicial proceeding under a power of sale 15 or by any other means authorized by law. The annual and special assessments, together with interest, late charges, collection costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the Parcel against which each such assessment is made, the lien to become effective upon recordation of a notice of default as provided in Paragraph 6.3 hereof. Such costs, and reasonable attorneys' fees, shall also be the personal obligation of the person or 20 entity who was the Owner of such Parcel at the time when the assessment fell due. No Owner of a Parcel may exempt himself from liability for such Owner's contribution towards the Common Areas Maintenance Costs by waiver of the use or enjoyment of any of the Common Areas or by the abandonment of such Owner's Parcel(s). The manner by which Common Areas Maintenance Costs, other assessments (whether annual or special) and charges may be established are set forth 25 in Paragraphs 6.2(b) and (c) hereof. 10.5 R=ose of Assessments. The assessments levied by the Association shall be used exclusively to provide for the operation, repair and maintenance of the Common Areas of the Shopping Center, and to enable the Association to perform the obligations assigned to it by 30 Declarant hereunder, if any. 10.6 Division of Assessments. All assessments shall be allocated, charged to, and divided among the Parcel Owners in the same proportion as the "Proportionate Shares" described in Paragraph 6.2(b) hereof, as adjusted from time to time due to the annexation of additional prop- 35 erty into the Shopping Center as provided in Article IX. Declarant or the Association shall, from time to time, upon request by any Owner, distribute to all Owners a schedule showing each Owner's Proportionate Share of all assessments calculated in accordance with the foregoing for- mula. 40 10.7 Effect of Nonpayment of Assessments. Any assessment not paid within fif- teen (15) days after the due date shall be delinquent, shall bear interest at the rate of ten per- cent (10 %) per annum commencing thirty (30) days after the due date until paid, and shall incur a late payment charge in an amount equal to four percent (4 %) of the delinquent assessment. (a) Sale or transfer of any Parcel shall not affect the assessment lien; provided however, that sale of any Parcel pursuant to a sale under the power of sale contained in any first mortgage or judicial foreclosure of any first mortgage shall extinguish the lien of such assessment, 50 including attorneys' fees, late charges, or interest levied in connection therewith as to payments which became due prior to such sale or transfer, except for assessment liens recorded prior to the recordation of the mortgage. No sale or transfer by power of sale or judicial foreclosure shall 10 61.15.0 5 /C C R /04.25.94 22 Ll f relieve such Parcel from liability for any assessments thereafter becoming due or from the liens thereof. (b) Where the mortgagee of a first mortgage of record or other purchaser of a 5 Parcel obtains title to the same as a result of the judicial or nen- judiei nonjudicial foreclosure of any such first mortgage, such acquirer of title, and its successors and assigns, shall not be liable for assessment by the Association, chargeable to such Parcel which became due prior to the acquisition of title to such Parcel by such acquirer (except for assessment liens recorded prior to the mortgage). 10 (c) In a voluntary conveyance of a Parcel, the grantee and the grantor shall be jointly and severally liable to the Association for all unpaid assessments against the Parcel for the grantor's share of the Common Area Maintenance Costs up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee 15 therefor. However, any such grantee shall be entitled to a statement from the Association, dated as of the record date of conveyance, setting forth the amount of the unpaid assessments against the grantor due the Association, and such grantee shall not be liable for, nor shall the Parcel conveyed by subject to a lien for, any unpaid assessments made by the Association against the grantor in excess of the amount set forth in the statement; provided, however, that the grantee shall be liable 20 for any such assessments becoming due after the grant or conveyance. (d) For purposes of this Declaration, the term "mortgage" shall be deemed to include a deed of trust and any similar voluntary encumbrance affecting real property, and the term "mortgagee" shall be deemed to mean the beneficiary or other holder of such deed of trust or 25 voluntary encumbrance. 10.9 (a) If an assessment is delinquent, the Association may record a notice of 30 default and establish a lien against the Parcel of the delinquent Owner prior and superior to all other Hens except Gall (il all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (2) M the lien or charge of any mortgage or deed of trust or record meaning any recorded mortgage or deed of trust made in good faith and for value and of record prior to the recording of the notice of delinquent assessment, in the manner provided in Paragraphs 6.2(b) and 35 (e) WU hereof. The notice of default shall state the amount of the past due assessment(s), collection costs, attorneys' fees, late charges and interest, a description of the Parcel against which the assessment and other sums are levied, the name of the record Owner, and the name and address of the Association or the trustee authorized by the Association to enforce the lien by sale. The notice shall be signed by any officer of the Association or by any management agent retained by the 40 Association. (b) An assessment lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of default, if any, or sale by a trustee substituted pursuant to Civil Code § 2934(a). Any sale shall be conducted in accordance 45 with the provisions of § 2921, § 2924(b), § 2924(c), § 2924(g), and § 2924(h) of the California Civil Code, or any successor statues thereto, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. Nothing herein shall preclude the Association from bringing an action directly against any Owner for breaching the per- sonal obligation to pay assessments. 50 (c) The Association, acting on behalf of the Owners, shall have the power to bid for the Parcel at any foreclosure sale, and to acquire and hold, lease, mortgage, and convey the same. During the period a Parcel is owned by the Association following the foreclosure, (1) W no 1061.15.05/CCR/04.25.94 23 S. right to vote shall be exercised on behalf of the Parcel, (2) M no assessment shall be assessed or levied on the Parcel; and 0) flW each other Parcel shall be charged, in addition to its usual assess- ment, its share of the assessment that would have been charged to such Parcel had it not been acquired by the Association as a result of foreclosure. After acquiring title to the Parcel at foreclo- 5 sure sale following notice and publication, the Association may execute, acknowledge, and record a deed conveying title to the Parcel, which deed shall be binding upon the Owners, successors, and all other parties. Suit to recover a money judgment or unpaid assessments, costs, and expenses, including reasonable attorneys' fees, shall be maintainable without foreclosing or waiving the lien securing the same. The Board of Directors of the Association (the "Board ") may temporarily sus- 10 pend the voting rights of a member who is in default in payment of any assessment, after notice and hearing. 10.10 Unallocated Taxes. In the event that any taxes are assessed against the Common Areas or the personal property of the Association, rather than being assessed to a specific Parcel, 15 said taxes shall be deemed an operating expense of the Association and included in the assessments made against all Owners. 10.11 Duties. In addition to the duties enumerated in its Articles of Incorporation, Bylaws, or elsewhere provided for in this Declaration, and without limiting the generality thereof, 20 following the assignment by Declarant to the Association of its rights and obligations as provided in Section 8.3 hereof, the Association shall perform the following duties (all of which shall be provided by Declarant until such assignment: (a) Insurance. The Association shall obtain and maintain the insurance on the 25 Common Areas provided in Article XI hereof. (b) Assessments. The Association shall fix, levy, collect and enforce assessments for the timely payment of the Common Areas Maintenance Costs, as more particularly set forth in the Bylaws of the Association. 30 (c) Payment of Expenses. The Association shall pay all expenses and obliga- tions incurred by the Association in the conduct of its business of operating, maintaining repairing and replacing the improvements to the Common Areas including, without limitation, all licenses, taxes and governmental charges levied or imposed against the Common Areas. 35 (d) Enforcement. The Association shall enforce this Declaration. 10.12 Powers. In addition to the powers enumerated in its Articles of Incorporation and Bylaws, or elsewhere provided for herein, and without limiting the generality thereof, the 40 Association shall have the following powers: (a) Mang ger. The Association may employ a manager or other persons and to contract with independent contractors or managing agents to perform all or any part of the duties and responsibilities of the Association, except for the responsibility to levy fines, impose disci- 45 pline, hold hearings, file suit, record or foreclose liens, or make capital expenditures, provided that any contract with a firm or person appointed as a manager or managing agent shall not exceed a one (1) year term, shall provide for the right of the Association to terminate the same at the first annual meeting of the members of the Association, and to terminate the same without cause or payment of a termination fee on ninety (90) written notice, or for cause on thirty (30) 50 days' d= written notice. (b) Assessments: Liens and Fines. The Association shall have the power to levy and collect assessments. The Association may impose fines or take disciplinary action against 1061.15.05 /CCR/04.25.94 24 s any Owner for failure to pay assessments or for violation of any provision of this Declaration. Penalties may include but are not limited to fines, temporary suspension of voting rights or other appropriate discipline, provided the member is given notice and a hearing before the imposition of any fine or disciplinary action. 5 (c) Enforcement. The Association shall have the authority to enforce this Declaration. (d) Acquisition and Disposition of Prop =. The Association shall have the 10 power to acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, or otherwise dispose of real or personal property in connec- tion with the affairs of the Association. 15 (f) Contracts. The Association shall have the power to contract for goods and/or services for the Common Areas and for the nenpr -e€i nonprofit operation of the Association. 20 (g) Delegation. The Association, the Board, and the officers of the Association shall have the power to delegate their authority and powers to committees, officers or employees of the Association, or to a manager employed by the Association, provided that the Board shall not delegate its authority: 25 (1) Te IQ make expenditures for capital additions or improvements to the Common Areas; 30 (2) To IQ conduct hearings concerning compliance by an Owner or his tenant, lessee, guest or invitee with any provision of the Declaration; (3) To IQ make a decision to levy monetary fines or impose special assessments against individual Owners, or to temporarily suspend an Owner's rights as a member of the Association or otherwise impose discipline; 35 (4) To IQ make a decision to levy assessments; or (5) Te IQ make a decision to bring suit, record a claim of lien or institute foreclosure proceedings for default in payment of assessments. 40 (h) Appointment of Trustee. The Association, or the Board acting on behalf of the Association, has the power to appoint or designate a trustee to enforce assessment liens by sale as provided in Section 10.9 and as provided in Civil Code § 1367(b). (i) Other Powers. In addition to the powers contained herein, the 45 Association may exercise the powers granted to a nonprofit mutual benefit corporation under California Corporations Code § 7140. 10.13 Commencement of Association's Duties and Powers. Until assignment thereof by Declarant to the Association, all duties and powers of the Association as described herein, 50 including all rights of consent and approval, shall be and remain the duties and powers of Declarant. From and after the date of such assignment, the Association shall assume all duties and powers, and Declarant shall be relieved of any further liability therefor. 1061.15.05/CCR/04.25.94 25 F • M i/ e. r ' 11.1 Common Area Insurance. Declarant shall obtain and maintain the following types 5 and amounts of insurance on the Common Areas the cost of which shall be an item of the Common Area Maintenance Costs: (a) A a casualty policy insuring any structural improvements located in the Common Areas unless Declarant, in its sole discretion, determines that such insurance is not nec- 1 0 essary; and (b) A a comprehensive general public liability insurance policy insuring the Common Areas within the Shopping Center- Areas. Such insurance shall name Declarant, all other Owners, and Ralphs (or its successor -in- interest) during the term of the Ralphs Lease, and 15 any extensions thereof, as additional insureds, with limits of not less than Two Million Dollars ($2,000,000.00) for the death of, or injury to, one or more persons, and One Million Dollars ($1,000,000.00) for property damage per occurrence, with an aggregate loss limitation of not less than Four Million Dollars ($4,000,000.00); and 20 (c) Workers' compensation insurance on the employees hired by Declarant to maintain the Common Areas, if any, to the extent required by law. Each Owner appoints Declarant to act on behalf of the Owners in connection with all insur- ance matters arising from any insurance policy maintained for the Common Areas including with- 25 out limitation, representing the Owners in any proceeding, negotiation, settlement or agreement. Any policy required hereunder may not be canceled without at least thirty (30) days prior written notice to Declarant, and to each entity named as an additional insured Any insurance maintained for the Common Areas shall contain a "waiver of subrogation" in 30 favor of Declarant and the Owners and occupants of the Parcels (including Declarant) and mort- gagees, and, if obtainable, a cross - liability or severability of interest endorsement insuring each insured against liability to each other insured. Declarant shall periodically (and not less than once every three (3) years) review all insurance policies maintained for the Common Areas to determine the adequacy of the coverage and adjust the policies accordingly. 35 11.2 Owner's Hazard Coverage. Each Owner shall obtain and maintain, at such Owner's sole expense, a standard fire and extended coverage policy on all buildings and structural improvements located on such Owner's Parcel. Such insurance shall be in amounts at least suffi- cient to avoid the effects of co- insurance provisions of the policies, that is, not less than ninety per- 40 cent (90 %) of the actual replacement Bests = of the buildings and Improvements, but excluding foundations, excavation costs and the costs of underground flues, pipes and drains. The obligation of any Owner to maintain such insurance may be satisfied by causing such Owner's tenant to procure and maintain same provided such policy shall otherwise satisfy the requirements of this Article XI. Each Owner shall, upon written request of any other Owner or Declarant, 45 furnish an insurance certificate or other reasonably satisfactory written evidence of the existence of such insurance at any time during the term of this Declaration. All such individually carried insurance shall contain a waiver of subrogation by the carrier as to Declarant and the other Owners. 11.3 Waiver Of Insured Claims. Except where due to the negligent act, omission or 50 willful misconduct by an Owner or its agents, each Owner hereby waives any and every claim which arises or may arise in its favor and against any other Owner during the term of this Declaration for any and all loss of, or damage to, any of its property located within or upon, or damage to, any of its property located within or upon, or constituting a part of the Property, which 1061.15.05 /C C R /04.25.94 26 loss or damage is covered by valid and collectible fire and extended coverage insurance policies, to the extent that such loss or damage is recoverable under such insurance policies. These mutual waivers shall be in addition to, and not in limitation or derogation of, any other waiver or release regarding any loss of, or damage to, the property of any Owner. Inasmuch as the mutual waivers 5 will preclude the assignment of any such claim by way of subrogation (or otherwise) to an insur- ance company (or any other person, firm or corporation), each Owner shall give to each insurance company which has issued to it policies of fire and extended coverage insurance, written notice of the terms of the mutual waivers, and shall have such insurance policies properly endorsed, if nec- essary, to prevent invalidation of such insurance coverages by reason of such waivers. 10 11.4 Owner's Hazard Coverage. At all times during the term of this Declaration, each Owner shall, at its sole expense, continuously maintain or cause to be continuously maintained Comprehensive General Liability Insurance, affording "single occurrence" protection to at least a limit of Two Million Dollars ($2,000,000.00), endorsed to cover personal injury (including false 15 arrest), covering the building or buildings on its Parcel. The obligation of any Owner to maintain such insurance may be satisfied by causing such Owner's tenant to procure and maintain same provided such policy shall otherwise satisfy the requirements of this Article XI, and shall name Declarant, all other Owners, and Ralphs (or its successor -in- interest) during the term of the Ralphs Lease and any extensions thereof, as additional insureds. Each Owner shall, upon written request 20 of any other Owner, furnish certificates of such insurance or other satisfactory written evidence of such insurance at any time during the term hereof. 25 12.1 Owners Must Rebuild Per Original Lam. If an Owner shall elect to rebuild or restore improvements on its n.._,.,.' of PaFeel Parcel(s) after an event of destruction of, or damage to the building(s) of such Owner, the Common Areas or other improvements upon such Owner's 30 Parcel(s), or any part thereof, the Owner shall rebuild, repair and restore such buildings and improvements in the same location as presently shown on Exhibit "B," and in the same general appearance and condition as existed prior to the damage or destruction with such modifications thereto as may lhci be required by any local governmental agencies. 35 12.2 Time Limitations For Rebuilding. Any building, Common Areas, or other improvements rebuilt, repaired or restored by an Owner pursuant to this Declaration, shall be rebuilt, repaired and restored and ready for occupancy within two (2) years from the time when the loss or destruction occurred; su}eet, hewevef; subject however to delays caused by strikes, labor difficulties, governmental restrictions on building activity, fire, war or acts of God. 40 Notwithstanding the provisions of Article XII generally, in the event that the provisions of a particular lease between an Owner and its tenant are different from the provisions of Article XII, then (a) as between such Owner and its tenant, the lease provisions shall prevail, and (b) as among the Owners, this Declaration shall prevail. 45 12.3 Additional Requirements For Rebuilding. Any repair, reconstruction or replace- ment of any building(s), Common Areas, or other improvements performed by any Owner, pur- suant to this Article XII shall be performed in accordance with the following requirements: (a) Plans and specifications therefor not previously approved for the original 50 construction of the building shall be submitted to Declarant for its review and approval as to exte- rior architectural design, exterior construction and location of improvements being restored under the procedure set forth in Article III prior to the commencement of the work of such repair, recon- 1061.15.05 /CC R /04.25.94 27 struction and replacement, which approvals shall be neither delayed nor withheld without good and valid reason and notice thereof made in writing. (b) The building, Common Areas or other improvements being restored shall be 5 at least of equal value per square foot, and at least as usable for its intended purpose, as such building, Common Areas, or other improvements were just prior to the happening of such casu- alty. 12.4 In the event any Owner does not commence to rebuild and restore its damaged 10 building(s), Common Areas, or other improvements under the provisions of this Article within one hundred twenty (120) days following the date of such damage, such Owner shall within the next thirty (30) day period clear its Feel Parcels) of all debris and hazardous conditions and shall thereafter maintain such PaFeel Parcel(s) in a clean, safe and sightly condition; provided, however, that in no event shall any Owner have the right to withdraw its Pamel Parcel(s) or portion thereof 15 from the Shepping GenteF Restrictions nor change the Common Areas within such Owner's Panel Parcel(s) to Building Areas, nor in any way free such Fereel Parcel(s) from any easements created and provided for hereunder, at any time during the term of this Declaration and, in the event of any such damage or destruction, each Owner shall cause that portion of its Pareel Parcelf s) which is devoted to use as part of the Common Areas to be repaired and restored to the condition the same 20 was in immediately prior to the occurrence of such damage or destruction, and thereafter to be maintained in such condition and as part of the Common Areas during the remaining term of this Declaration in accordance with the terms hereof. 0X0 • • • iii 13.1 Constructive Notice and Acceptance. To the maximum extent permitted by law, every Owner who now or hereafter owns or acquires any right, title or interest in or to any parties 30 Parcel of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, servitude, condition, restriction, and easement contained herein, whether or not any ref- erence to this Declaration is contained in the instrument by which such person acquired an interest in the Property. 35 13.2 Mutuality. Reciprocity: Runs with Land. All Restrictions, servitudes, condi- tions, covenants, easements, liens and agreements contained herein are made for the direct, mutual, and reciprocal benefit of each and every part and Parcel of the Property; shall create reciprocal rights and obligations between the respective Owners of all Parcels and privity of contract and estate between all Owners of all Parcels, their heirs, successors and assigns; and shall, as to the 40 Owner of each Parcel, his hers, successors and assigns, operate as covenants running with the land for the benefit of all other Parcels. 13.3 Captions The paragraph headings or captions used herein are for convenience only and are not a part of this instrument and do not in any way limit, define or amplify the scope 45 or intent of the terms and provisions hereof. 13.4 Invalidity of Provision. If any provision of this Declaration as applied to Declarant or any Owner or to any circumstance shall be adjudged by a court of competent jurisdic- tion to be void or unenforceable for any reason, the same shall in no way affect (to the maximum 50 extent permissible by law) any other provision under circumstances different from those adjudi- cated by the court, or the validity or enforceability of the Declaration as a whole. 1061.15.05 /CC R/04.25.94 28 13.5 Notices. All notices, consents, requests, demands, approvals, authorizations and other communications provided for herein shall be in writing and shall be deemed to have been duly given if and when personally served or forty-eight (48) hours after being sent by United States registered or certified mail, return receipt requested, postage prepaid, to the intended party at 5 its last known address. 13.6 Standing To Enjoin. It shall be lawful for any person or persons owning fee simple title to any portion of the Property together with Bead Ralphs (or its successor -in- interest) during the existence of the Ralphs Lease, to prosecute any proceedings at law or in equity, 10 including injunctive relief, against any person violating, or attempting to violate, any of the covenants, conditions and Restrictions herein, and either to prevent it, him or them from so doing or to recover damages from or on account of such violation. All such remedies shall be cumulative. In the event of any violation or threatened violation by any Owner or its tenant or occupant of any portion of the Shopping Cent Property owned by it, of any of the terms, 15 covenants and conditions contained herein, the parties agree that irreparable damage shall have occurred to the other Owners and in addition to the other remedies provided herein, any other Owner or the Declarant or Ralphs (or its successor -in- interest) during the existence of the Ralphs Lease, shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. Except as herein specifically provided, no rights, privileges or immunities conferred 20 upon Owners by this Declaration shall inure to the benefit of any tenant (except Ralphs [or its successor -in- interest] during the existence of the Ralphs Lease), customer, employee or invitee of the Property or any other third party; nor shall any tenant (except Ralphs [or its successor -in- interest] during the existence of the Ralphs Lease), customer, employee or invitee of the Enfif e Property or any other third party be deemed to be a third party beneficiary of any of the provisions 25 contained herein. All costs and expenses of any such suit or proceeding, including attorneys' fees as here- inafter provided, shall be assessed against the defaulting Owner and shall constitute a lien against its real property or the interest therein wrongfully deeded, leased, assigned, conveyed or contracted 30 for until paid such lien to be effective upon the recording of notice in the office of the Riverside County Recorder, though any such lien shall be subordinate to any bona fide mortgage or deed of trust covering any portion of the Property, and any purchaser at any foreclosure or trustee's sale (as well as any grantee by a deed in lieu of foreclosure or trustee's sale) under any such mortgage or deed of trust shall take title free from any such lien, though otherwise subject to the provisions 35 hereof. 13.8 Standard Of Avyroval. If this Declaration provides that a consent or approval shall 40 not be unreasonably withheld, such consent or approval shall be granted or withheld without unreasonable delay and, if consent is withheld or approval not granted, the reasons for withholding consent or approval shall be stated with reasonable certainty. 13.9 Attorneys' Fees. In the event that suit is brought for the enforcement or interpreta- 4 5 tion of this Declaration or as the result of any alleged breach, the prevailing party or parties shall be entitled to be paid court costs, including reasonable attorneys' fees, by the losing party or parties and any judgment or decree rendered shall include an award of attorneys' fees. 13.10 Condemnation. In the event of any condemnation (by any duly constituted author- 50 ity for a public or quasi- public use) of all or any part of the Property, the portion of the award attributable to the value of any land within the Common Area shall be payable only to the Owner(s) thereof, and no claim therefor shall be made by other Owners of any other portion of the Property; provided, however, that all other Owners of the Property may file collateral claims with the con- 1061.15.05 /CC R/04.25.94 29 demning authority over and above the value of the land taken, and, provided further, however, that the Owner of any portion of the area so condemned shall promptly repair and restore the remaining portion of the area owned by such Owner as nearly as practicable to its condition immediately prior to the condemnation without contribution from any other Owner. 5 13.11 General Obligation For Building Maintenance. Owner shall keep, maintain, repair, manage and operate their respective buildings, whether occupied or unoccupied, located on its respective Parcel(s) in good and clean order, operation, condition and repair, without public or pri- vate nuisance, in conformity with first -class shopping center standards, and in such manner to 10 establish, maintain and present, at all times, the appearance of a clean, well- managed, attractive, well coordinated and unified operation. Each Owner hereby agrees to paint the buildings located within its Parcel(s) at least once each seven (7) years, or as reasonably needed, whichever occurs first. 15 R I& LIL 13.12 Governinji Law. This Declaration and the application or interpretation thereof shall 20 be governed exclusively by its terms and by the laws of the State of California. 25 IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date first above written. 30 LA QUINTA VELLAGE LM= PARTNERSHIP, a California limited partnership By: 35 John W. Rich. General Partner By: 40 Joseph W. Rich. General Partner 45 50 By;. 1061.15.05 /C C R /04.25.94 30 • IIL 1061.15.05/CC R/04.25.94 31 y. 1. File Information Newer File Name: 1061.15. Format: Microso Folder. Desktop Volume: HD80 Mod Date: Mon, A Mod Time: 3:40 PM Size: 147456 Lines: 1499 2. Summary of Changes Replacements: 172 Insertions: 33 Deletions: 17 Moves: 3. Reading Option 0 Ignore Hidden Text Hard page breaks 4. Comparison Options Granularity High Move Sensitivity High 10 61.15.0 5 /C C R /04.2 5.94 051 R/04.25.94 ft Word pr 25, 1994 bytes Older File 1061.15.05/CCR/02.23.94 Microsoft Word Desktop HD80 Tue, Apr 12, 1994 2:47 PM 110592 bytes 1663 Old New Text Inserted Text Deleted T-et New Location Old- Loee#ien --af s Recording requested by and When recorded mail to: WILLIAM D. BUCKNER, ESQ. Kendall & Buckner 1936 East Deere Avenue, Suite 215 Santa Ana, CA 92705 C 17V pFLA Q"NT MAR 18 A PUgt IC WORKS DECLARATION OF COVENANTS, SERVITUDES CONDITIONS, RESTRICTIONS AND EASEMENTS This Declaration of Covenants, Conditions, Servitudes, Restrictions and Easements ( "Declaration ") is made as of , 1994, by La Quinta Village Limited Partnership, a California limited partnership, at 796 West Ninth Street, San Pedro, California 90731 ('Declarant "). ARTICLE I RECITALS 1.1 Declarant is the fee owner of all that certain real property (the "Property ") in the City of La Quinta, County of Riverside, State of California, located on the Northwest corner of the intersection of Washington Street and Calle Tampico and more fully described on Exhibit "A" attached hereto and made a part hereof by this reference. The Property has been subdivided into seven (7) legal parcels ('Parcels ") through the filing and recording of Parcel Map in the Official Records of Riverside County, California ('Parcel Map "). 1.2 In order to establish a general plan for the improvement, development and use of the Property as an integrated retail /commercial shopping center planned development, Declarant wishes to impose on the Property certain covenants, conditions, servitudes, restrictions and ease- ments (collectively "Restrictions "), which Restrictions shall run with the land, notwithstanding any division of the fee ownership of the Property which may hereafter occur. 1.3 The Property and proposed improvements thereto are generally depicted on the Site Plan attached as Exhibit "B" and incorporated herein by this reference. 1.4 Ralphs Grocery Company, a Delaware corporation ( "Ralphs ") is the holder of a leasehold interest in a building to be constructed within a portion of the Property consisting of Par- cel _ of the Parcel Map ( "Market Parcel ") pursuant to the terms of that certain Lease between Declarant and Ralphs dated as of February _, 1994 ( "Ralphs Lease "). NOW, THEREFORE, Declarant hereby declares as follows: ARTICLE H GENERAL PROVISIONS 2.1 Establishment of Restrictions. Declarant hereby declares that the Property is now held, and shall hereafter be held, transferred, sold, leased, conveyed, and occupied subject to cer- tain Restrictions herein set forth, each and all of which is and are for, and shall inure to, the benefit of and pass with each and every portion of the Property and shall apply to and bind the heirs, assignees, and successors in interest of any Owner thereof. Nothing herein contained shall prejudice or diminish in any way the rights of Declarant or any particular Owner under any other documents of record from time to time affecting all or any portion of the Property, and all parcels and Phases herein shall be subject to all mandatory provisions of the Conditions of Approval for 1061.05.03/CCR/02.23.94 r -ITO a"J"I" J b. • the Property described in Section 14.1, below, and subject to all of the rights of the City of La Quinta hereinafter described. 2.2 Purpose of Restrictions. The purpose of the Restrictions is to ensure proper development and use of the Property as an integrated retail/commercial shopping center, to protect the Owner of each Parcel, whether existing or to be created, against any improper development and use of surrounding Parcels as might depreciate the value of such Parcel, to prevent the erection on the Property of structures built of improper design or materials, to encourage the erection of attrac- tive improvements at appropriate locations, to prevent haphazard and inharmonious improvements, to secure and maintain proper setbacks from streets and adequate free spaces between structures, to enhance and protect the value, desirability and attractiveness of all the Property, and in general to provide adequately for a high type and quality of improvement of the Property in accordance with a uniform plan of development. 2.3 Definitions. (a) "Design Guidelines" shall mean the enacted by the City of La Quinta, as amended from time to time. The Design Guidelines are incorporated herein, in their entirety, by this reference. (b) "Building Area" shall mean the areas of the Property on which buildings may be constructed. The Building Areas of the Property are depicted on Exhibit "B." (c) 'mammon Area" shall mean all land area within the Property to be used in common by invited members of the general public. Common Area includes all land areas within the Property other than the Building Areas. The approximate location of the Common Areas is depicted on Exhibit "B" attached hereto and incorporated herein by this reference. (d) "Declarant" shall mean the undersigned Declarant and all successors, assigns or designees who shall assume Declarant's obligations, and to whom Declarant shall specifically assign in writing the right to enforce these Restrictions. (e) "Improvements" or "Structures" shall mean and include buildings, out- buildings, parking or loading areas, roadways or walkways, display or storage areas, fences, walls, poles, signs and all other structures of any kind located above the ground level of any Parcel, and any replacements, additions, repairs or alterations thereto of any kind whatsoever. (f) "Owner" shall mean each and every fee owner of the Property or any por- tion thereof or interest therein during the term of its ownership, including Declarant so long as it owns any part of the Property. (g) "Parcel" shall mean each separate legal lot or parcel existing or to be created within the Property. (h) "Property" shall mean the real property described on Exhibit "A," and which is generally depicted on Exhibit "B." (i) "Regulations" shall mean all present or future applicable laws, statutes, codes, ordinances, rules, regulations, limitations, restrictions, orders, judgments or other requirements of any governmental authority having jurisdiction over the Property. 0) i r " shall mean all advertising, placards, signs, marquees, billboards, names, insignia, trademarks, numerals, addresses, and descriptive words or material of any kind affixed, inscribed, erected or maintained on the Property or on any improvement thereon. 1061.05.03/CCR/02.23.94 r (k) "Submittals" shall include all documents required to be submitted to Declarant for approval pursuant to Section 3.1 below. 2.4 Deeds and Conveyances. Any deed or other document evidencing sale or conveying the Property or any portion or parcel thereof shall also reference, convey and make binding upon the transferee the covenants, servitudes, conditions, restrictions and easements con- tained herein and any applicable amendments hereto. Declarant and each of the subsequent Owners shall take any action on their respective Parcel(s) or execute such further documents which may be reasonably required to implement and effectuate the intent and enforceability of this Declaration. ARTICLE III APPROVAL OF PLANS 3.1 Plan Review. Except for the supermarket building to be constructed within the Market Parcel under the Ralphs Lease, no Improvement of any nature whatsoever (including, but not limited to, any alteration or addition to any Improvements existing from time to time) shall be constructed, placed, or assembled or maintained on any Parcel until the Submittals required by this Section 3.1 shall have been submitted to, and approved in writing by Declarant. Separate and pro- gressive Submittals regarding Improvements shall be made by an Owner for approval as follows: (a) Two (2) copies of the proposed plot plan and proposed exterior elevations shall be submitted to Declarant for its review and approval prior to (i) submittal to the City of La Quinta for development plan review, and (ii) preparation of schematic plans and preliminary specifications; (b) After the City of La Quinta approves the plot plan and elevations, two (2) sets of final working drawings and specifications consistent with the approved plot plan and elevations showing a reasonable detail the proposed type of hue, size, shape, height, location, materials, color scheme and elevation of each of the proposed Improvements, all ingress and egress to public streets or roads, and all landscaping, parking, exterior lighting and signage, shall be submitted to Declarant for its approval before (i) submittal to the City of La Quinta for the issuance of a building permit, and (ii) commencement of construction of any Improvements on the applicable Parcel; and (c) Plans and specifications shall be submitted to Declarant for its approval for any and all tenant improvements, modifications, alterations, and additions which will affect the appearance of the exterior of any Improvement on a Parcel. Each Submittal, in order to receive proper and timely consideration, shall contain a legal description of the Parcel. Partial Submittals may be made and approved, but in no event shall construction or assembly of any Improvement proceed beyond the scope of the approval received. All plans and specifications to be submitted to Declarant hereunder shall be pre- pared by an architect and/or engineer, licensed to practice in the State of California, and shall be submitted in writing over the signature of the Owner or an agent duly authorized by the Owner in writing. 3.2 Approvals. Provided that the Submittals are in conformity with these Restric- tions, the Design Guidelines, and the architectural theme, design and color scheme for the Property, Declarant shall not unreasonably withhold or delay its approval of any such Submittal, and shall approve any Submittal, which does not have a material adverse effect on the operation of the Shopping Center by Declarant or on Ralphs. Unless so disapproved, Declarant shall endorse 1061.05.03/CCR/02.23.94 0 vl\ its approval on one set of submitted documents and return the same to the person from whom the documents were received, provided that two (2) sets had been submitted as required above. 3.3 Intentionally Omitted. 3.4 Presumption of Compliance. Notwithstanding anything to the contrary herein contained, after the expiration of six (6) months from either (a) the date of issuance of a certificate of occupancy by the applicable municipal or other governmental authority having jurisdiction over any Improvement, or (b) the date of recording a valid Notice of Completion with respect to such Improvement, that Improvement shall, in favor of purchasers and encumbrances in good faith and for value, be deemed to be in compliance with all provisions of this Article III, unless either (i) actual notice of such noncompliance or noncompletion, executed by Declarant, shall have been delivered to the Owner and, if permitted, shall appear of record in the office of the County Recorder of Riverside County, California, or unless (ii) legal proceedings shall have been instituted to enforce compliance or completion. 3.5 Identical Replacements. Notwithstanding the foregoing, any improvements on the Parcel for which Submittals were previously approved by Declarant as provided above may be repaired, replaced, or reconstructed without further consent by Declarant, but only if such repair, replacement, or reconstruction is substantially identical to the Improvement previously so approved. 3.6 Exculpation. Declarant shall not be liable in damages to anyone making Submit- tals as provided herein, or to any Owner, licensee or other person subject to or affected by these Restrictions, on account of any construction, performance or non - performance by an Owner of any work on the Parcel or Improvements. Declarant's approval of any Submittal shall not be construed as any representation or warranty of approval by any applicable governmental authority or agency, or constitute the assumption of any responsibility by, or impose any liability upon, Declarant or its representatives as to the accuracy, efficiency or sufficiency thereof. 3.7 Subdivision of a Parcel. No Owner shall subdivide such Owners Parcel without Declarant's prior written approval of the tract or parcel map effectuating such subdivision, including all of the conditions thereon or thereto, which approval shall not be unreasonably withheld or delayed. =6111IUMMIJ 0115 1':•I151121 4.1 Compliance with Design Guidelines. Each Owner shall comply with all of the provisions of the Design Guidelines. 4.2 Completion of Structure. After commencement of construction of any Structure or other Improvement, the same shall be diligently prosecuted to completion, to the end that no such Structure or Improvement shall remain in a partly finished condition any longer than reasonably necessary for completion thereof. 4.3 N inimum Building Setback Lines. All building setbacks along public streets shall conform to the requirements of the zoning ordinances of the City of La Quinta, as they exist from time to time. At all other locations, building setbacks shall conform to the requirements set forth in the Design Guidelines, if any. 4.4 Excavation and Underground Utilities. No excavation shall be made on any Par- cel except in connection with construction of an Improvement and, upon completion thereof exposed openings shall be backfilled and disturbed ground shall be compacted, graded, leveled, 1061.05.03/CCR/02.23.94 0 r 1 • and restored to its original condition. All telephone, electrical, and other utility lines shall be installed underground, except that transformer or terminal equipment related thereto may be installed above ground if screened from view of adjacent streets or properties. No Owner shall enter into any contract or agreement with any city, county or other governmental agency or body or public utility with reference to sewer lines or connections, water lines or connections, or street improvements (including but not limited to curbs, gutters, parkways, street lighting or other utility connections, lines or easements) relating to or affecting the Common Areas without the prior written consent of Declarant, which consent shall not be unreasonably withheld or delayed. 4.5 Landscaping. Each Owner shall provide continuous maintenance for all planted and undeveloped areas upon its Parcel which are not included in the Common Areas, and shall keep the same free and clear of weeds, debris, trash and rubbish, in a neat and clean condition. Every Parcel improved with a building or other substantial Structure shall be landscaped as approved by Declarant in conformity with the Design Guidelines within ninety (90) days of occu- pancy or completion of such Structure, whichever occurs first, and maintained thereafter in a sightly and well -kept condition. Each Owner's responsibilities under this Section 4.5 shall not include landscaping or maintenance of the Common Areas within such Owner's Parcel(s). 4.6 Drainage. No water shall be drained or discharged from any Parcel or Improve- ment thereon, and no Owner shall interfere with the drainage established as of the date of this Dec- laration, in or over the remainder of the Property or any other property adjacent to such Parcel, except in accordance with the grading plans therefor approved by all public agencies having jurisdiction over the Property, and by Declarant. 4.7 -If=. All signs within the Property shall be subject to the prior written approval of Declarant, which approval shall not be unreasonably withheld or delayed, and shall conform to Declarant's Sign Program as approved by the City of La Quinta a copy of which is attached hereto as Exhibit "C," and incorporated herein by this reference, and to all governmental requirements then in effect, specifically including, but not limited to, all zoning and sign ordinances of the City of La Quinta. Requests for approval of proposed signs shall be made by each Owner in accordance with Article III, above. Declarant hereby acknowledges that Declarant has approved the signs identifying Ralphs as set forth in the Ralphs Lease and/or approved in the Sign Program. ff-*�MWM 1 •i, s '•�. (a) Each Parcel and all Improvements thereon shall at all times be constructed, kept, and maintained in first -class condition, repair, and appearance similar to that maintained by Declarant and other owners of first class shopping centers in the Southern California area, ordinary wear and tear excepted. All repairs, alterations, replacements or additions to Improvements shall be at least equal to the original work in class and quality. The necessity and adequacy of such repairs shall be measured by the same standards as set forth above for the original construction and maintenance. (b) Each Owner shall also be responsible at all times for determining that such Owner's Improvements and the plans and specifications therefor shall conform and comply in all respects with these Restrictions, the Design Guidelines, all other restrictions of record, all applica- ble governmental regulations, and all exterior architectural design, location, and color specifications contained therein. 4.9 Parking Areas. (a) Each Owner shall provide adequate off -street parking to accommodate the parking needs for the employees, visitors and patrons of such Owner's Parcel. 1061.05.03/CCR/02.23.94 r (b) Each Owner and occupant of any part of the Property shall use commer- cially reasonable efforts to cause its employees, to park in the employee parking area designated by Declarant, if any. 4.10 Erosion Control. Without limiting the generality of all other maintenance obliga- tions contained in this Declaration, each Owner shall be responsible for compliance with all appli- cable governmental requirements respecting (a) the prevention of erosion of its Parcel; (b) the runoff of silt, debris or sedimentation from any such Parcel onto adjacent streets, gutters, side- walks, rights of way, storm drain systems or other properties; (c) the removal of any such runoff, erosion or sedimentation; and (d) the repair of any damage to such Parcel or adjacent properties caused by such runoff, erosion or sedimentation. Failure by an Owner to comply with any of the foregoing obligations may subject such Owner to certain governmental sanctions or remedies. In addition, upon any such failure which has not been cured within thirty (30) days (or such shorter period as may be reasonably necessary due to emergency or other conditions then in effect) after notice from Declarant (or if any such failure is not reasonably susceptible of cure within such thirty (30) day period, then if Owner has not commenced promptly within such period and thereafter diligently continued to prosecute such cure to completion), then Declarant, in addition to any other remedies it may have, and in its sole discretion but without any obligation to do so, may provide substitute performance of any such obligations at such Owner's expense. In such event, Declarant shall be entitled to reimbursement by such Owner of all of Declarant's costs or expenses connected therewith, upon receipt of Declarant's itemized statement therefor. 4.11 Removal of Liens. No Owner shall permit any mechanics' or materialmen's, or other similar liens, to be created or maintained against the Parcel upon which labor or material has been performed or furnished in connection with the construction of any Improvement. Any Owner may bond and contest the validity of any such lien, but upon final determination of the validity and amount thereof, such Owner shall immediately pay any judgment rendered together with all costs and charges including, but not limited to, attorneys' fees, and shall cause the lien to be released at such Owner's sole expense. 4.12 Compliance With Laws, No Owner shall do or keep or permit anything to be done or kept on such Owner's Parcel that violates any law, ordinance, statute, rule or regulation of any local, county, state or federal body. ARTICLE V REGULATON OPERATIONS 1M_ 5.1 Permitted Uses. The permitted uses of the Property, and of Parcels created from portions thereof, are those commercial, retail and office uses permitted by the Design Guidelines except as may be further limited by this Declaration. Every occupant of the Property shall conduct its activities in such a manner as not to constitute a nuisance or create unreasonable interference with other occupants, and their customers and business invitees. (a) No use or operation will be made, conducted or permitted on or with respect to all or any part of any Parcel or Improvement which is in violation of any applicable gov- ernmental Regulations or is obnoxious to or inconsistent with the development or operation of the business conducted on any of the Property or other land in the general vicinity of the Property. Included among the uses or operations which are prohibited are uses or operations which produce or are accompanied by any of the following characteristics, which list is not intended to be all - inclusive: (1) Any public or private nuisance; 1061.05.03 /CC R /02.23.94 r • (2) Any vibration, noise, sound or disturbance which due to intermit- tence, beat, frequency, shrillness or loudness is not consistent with a first class integrated retail shopping center, (3) Any lighting which is not shielded and confined within the boundary of the Property; (4) Any electro- mechanical or electro- magnetic disturbance or radiation; (5) Any air or water pollution which is not consistent with a first -class integrated retail shopping center, (6) Any emission of odorous, noxious, caustic, or corrosive matter, whether toxic or non - toxic, gas which is not consistent with a first -class integrated retail shopping center, (7) Any litter, dust, dirt, or fly ash which is inconsistent with a first class integrated retail shopping center, (8) Any unusual firing, explosion or other damaging or dangerous hazard, including the storage, display, or sale of explosives or fireworks; (9) Any mobile home or trailer court, labor camp, junk yard, stock yard, distillation of bones, or animal raising, rendering, storage, slaughter, or disposition of any kind (but specifically excluding veterinarians and pet stores to the extent same are otherwise permitted hereunder); (10) Any drilling for excavation, refining and /or removal of earth materials, oil, gas, hydrocarbon substances, water, geothermal steam, and any other subsurface substances of any nature whatsoever, except as part of normal grading operations in connection with construction of approved Improvements; (11) Any dumping, disposal, incineration, or reduction of garbage or refuse of any nature whatsoever, other than handling or reducing any such waste matter if actually produced on the premises from authorized uses and if handled in a reasonably clean and sanitary manner, (12) Any auction public sale, or other auction house operation; (13) Any commercial excavation of building or construction materials; (14) Any smelting of iron, tin, zinc, or other ores. (b) In order to provide for the efficient operation of the Property and to min - imize parking and traffic problems: (1) Each occupant of any part of the Property shall not permit any dis- play or sale of merchandise, or any storage or placement of merchandise, portable signs or other objects belonging to an occupant outside the defined exterior walls, roof and permanent doorways of any store premises except that the occupant of the Market Parcel may (A) use the portion of the Common Area adjacent to the market building within the Market Parcel delineated on Exhibit "B" hereof for a flagpole, and (B) may use the sidewalk adjacent to the market building within the Market Parcel for the storage of shopping carts and for the placement and operation of bicycle 1061.05.03/CCR/02.23.94 LI -A racks, water - vending machines, automatic teller machines and telephone booths, provided any such sale or activity (i) shall not unreasonably impede pedestrian traffic, (ii) shall not be conducted on the parking area, (iii) shall be conducted in compliance with all applicable regulations, and (iv) the occupant conducting such sale shall cleanup any debris and/or refuse attributable to same. (2) Each occupant of any part of the Property shall not have or permit any merchandise or substance which will (i) cause or threaten the cancellation of any insurance covering all or any part of the Property, or (ii) increase the insurance rates applicable to all or any part of the Property over the rates which would otherwise apply. (3) No portion of the Property shall be used (A) for industrial use; (B) any governmental use or office, except as expressly permitted hereunder; (C) for the opera- tion of a massage parlor, adult book or video store, or for the sale, rental or exhibition of porno- graphic material (provided that the sale or rental of "adult" materials by a book or video store shall not violate this restriction if the sale or rental is in compliance with applicable Regulations and is an incidental use with no sign, advertisement or display in the storefront window or in locations visible from the outside); (D) by occupants that create undue noise, litter or odor; (E) for a beer tavern, bar, or cocktail lounge (but this shall not prevent the incidental sale of liquor for on- premises consumption as part of a sit -down restaurant otherwise permitted under Subsec- tion 5.2(b)(8)); (F) for a skating rink, billiard parlor, amusement center, bowling alley, health spa, exercise club, or other similar operations; (G) for a hotel, motor inn, school, vehicle or boat dealer (or similar enterprise), theater, or funeral parlor; or (H) a swap meet, flea market, auction house or warehouse (excluding a warehouse -type supermarket operated by Ralphs or Ralphs' successor -in- interest during the existence of the Ralphs Lease). Notwithstanding any provision contained herein to the contrary: (x) one (1) first class children's day care center not to exceed approximately five thousand (5,000) square feet of Building Area (specifically excluding any play yard area) shall be permitted within either Parcel _ of the Parcel Map (Pad D as depicted in Exhibit "B" hereof) or Parcel (Shops No.2 as depicted on Exhibit "B ") , provided that during Ralphs' or Ralphs' successor -in- interest's occupancy of the Market Parcel, the day care center does not increase the liability of Ralphs, or its successors or assigns, nor in any way impair Ralphs' ability to obtain a Class 21 Off -sale general liquor license, nor increase any costs affecting the Property which are not borne by Declarant, or the occupant of the day care center. The lease for any such children's day care center shall state that the day care center will not oppose or protest the issuance of said liquor license to Ralphs. Any such day care center shall be solely and exclusively responsible for any and all costs associated with the play yard mentioned above specifically including, but not limited to, the landscaping, maintenance and insurance; and (4) During the term of the Ralphs Lease and any extensions thereof, no portion of the northerly 40' of Shop 1 shall be used for real estate, insurance, escrow, medical, legal or dental offices. (5) During the term of the Ralphs Lease and any extensions thereof, no portion of the northerly 40' of Shop 1 shall be used for an "In -Line Fast Food Use" (hereinafter defined). Other locations within the Property not expressly prohibited herein may be used for In- Line Fast Food Use. As used herein, the term "In -Line Fast Food Use" refers to fast food uses in Shop 1 or Shop 2 not exceeding two thousand (2,000) square feet of floor area per location, including but not limited to a bagel shop, sandwich shop, cookie shop, donut shop, ice cream shop or frozen yogurt shop. (6) During the term of the Ralphs Lease and any extensions thereof, Pad Fast Food Use is permitted on up to (2) of Parcels _, _ and _ of the Parcel Map 1061.05.03/CCR/02.23.94 r� ,:� _ .4r ��L:, �: \. �} . .��' .wd � 0 0 (Building Pads B, C and D in Exhibit "B" hereof). As used herein, the term "Pad Fast Food Use" refers to fast food uses in any of the buildings constructed in the building pads within the Property including but not limited to a bagel shop, sandwich shop, cookie shop, donut shop, ice cream shop or frozen yogurt shop. (7) During the term of the Ralphs Lease and any extensions thereof, no portion of Shop 2 shall be used for a food use or restaurant in excess of an aggregate square footage of 6000 square feet of floor area. (8) During the term of the Ralphs Lease and any extensions thereof„ no portion of Shop 2 in excess of 6000 square feet shall be used for a Major Food Use provided that other locations in the Property not expressly prohibited herein may be used for Major Food Use so long as the aggregate square footage of such use does not exceed 11,000 square feet of Floor Area. As used herein, the term "Major Food Use" refers to a restaurant use not exceeding six thousand (6,000) square feet of floor area, including but not limited to a dinner house, cafeteria or coffee shop. (9) During the term of the Ralphs Lease and any extensions thereof, no "Supermarket" may be operated on any portion of the Property except the Market Building Area, as depicted on Exhibit "B." As used in this Subsection, the term "Supermarket" shall mean any of the following: a supermarket, mini -mart or mini - market, general food market or grocery store, meat market, fruit store, vegetable store, cheese store, liquor store, delicatessen, bakery (including pie shop and cake shop) or any combination thereof, or, subject to the next sentence, any store selling any of the items or lines of items referred to in this sentence, except as an incidental part of other business. (10) No portion of the Property other than Shop 1 (hereinafter defined) shall be occupied or used for the purpose of operating a drug store and/or for the handling and sale of any item of merchandise which, by law, must be sold by or in the presence of a licensed pharmacist ( "Drug Store"); provided however, the failure of a drug store to open for business upon Shop 1 within twenty-four (24) months after the date hereof or the failure to operate a Drug Store upon Shop 1 for a period in excess of twenty four (24) months shall cause the foregoing restriction to automatically terminate, in which event Ralphs or its successor (during the existence of the Ralphs Lease) shall have until four (4) months thereafter to notify all the Owners that Ralphs intends to use a portion of the supermarket building within the Market Parcel as a Drug Store. If Ralphs shall fail to so notify the Owners within said four (4) month period, or if following Ralphs notice to the Owners, Ralphs shall fail to open a Drug Store from within the supermarket building within six (6) months after said four (4) month period, then the Drug Store exclusive described above shall continue for an additional twenty-four (24) months during which time an Owner must cause a drug store to have opened for business (in which event the Drug Store exclusive shall continue as to such Owner), or the provisions of this Paragraph 5.2 (b)(10) shall automatically terminate. Notwithstanding the above, this Subsection shall not preclude the sale of health and beauty aids and nonprescription drugs in any Building Areas within the Property. (11) All buildings at or upon the Property will be occupied and used only by businesses for the retail selling of goods, wares, merchandise and services (including those permitted pursuant to Section 5.2(b)(4)) meeting the requirements of this Section. (12) Add bank exclusive. (a) Operations and uses which are neither specifically prohibited nor specifi- cally authorized by the Design Guidelines or which are designated "discretionary" within the 1061.05.03 /C C R /02.23.94 r 0 0 Design Guidelines are permitted provided such uses are (i) approved by the City of La Quinta as evidenced by a conditional use permit and/or any other necessary governmental approval, permit or license, and (ii) not otherwise restricted under this Declaration. (b) Neither Declarant, nor its officers, directors, agents, employees, succes- sors or assigns, shall be liable in damages to anyone submitting plans and specifications to it for approval, or to any Owner of any part of the Property affected by this Declaration, by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any such plans and specifications. Declarant's approval of any plan or specification shall not be construed as any representation or warranty of approval by any applicable governmental authority or agency, or constitute the assumption of any responsibility by, or impose any liability upon, Declarant or its representatives as to the accuracy, efficiency or suffi- ciency thereof. 5.4 Building Restrictions: Height Limitations. (a) No building shall be constructed or located on any part of the Property other than on areas designated as Building Area on Exhibit "B." (b) The buildings to be constructed in the Building Areas shall have the following maximum heights (excluding towers and other architectural features): Towers and other architectural features shall be permitted to exceed the above maximum heights provided no tower or other architectural feature shall exceed (_) feet in height. 5.5 Permitted Uses Of Common Areas. The Common Areas of the Shopping Center shall be used for "Parking" and for "Service" (as hereinafter defined) and for no other purposes except those specifically permitted herein, without the prior written consent of Declarant, which consent may be withheld in Declarant's sole and absolute discretion. No changes in the number of parking spaces, traffic flow patterns, or in the configuration of the Common Areas from that shown on the Exhibit "B" shall be made without the prior written consent of Declarant, which consent may be withheld in Declarant's sole and absolute discretion, provided: (a) Intentionally Omitted; (b) any change to the Primary Common Area as depicted on the Site Plan shall require the prior written consent of Ralphs or Ralphs' successor -in- interest during the existence of the Ralphs Lease; (c) there shall be no reduction in the number of parking spaces in the Shopping Center below the number of spaces to be originally provided as set forth in Exhibit "B" hereof without the prior written consent of Ralphs or Ralphs' successor -in- interest during the existence of the Ralphs Lease; 1061.05.03/CC R/02.23.94 10 0 0 5.6 Parking. The term 'Parking" as used herein shall mean and be deemed to include and permit the following: (a) the parking of passenger vehicles and the pedestrian and vehicular traffic of the Owners and their respective heirs, successors, assigns, grantees, mortgagees, tenants, sub- tenants, licensees and concessionaires of any and all portions of the Building Areas within the Shopping Center (collectively 'Permitted Users "), and the officers, directors, agents, employees, customers, clients, visitors, licensees and invitees of each of them; (b) the ingress and egress of any of the above designated persons and the vehi- cles thereof, to and from any portion of the Common Areas and any of the public streets adjacent to the Common Area; (c) the installation, maintenance and operation, within the confines of the Common Areas, of all underground public utilities required to serve and serving Building Areas and all other required areas, if any, together with and including vaults, manholes, meters, pipelines, valves, hydrants, sprinkler controls, conduits and related facilities, and sewage facilities, all of which shall be even with or below the surface, except hydrants, transformers, risers and other facilities which by their nature must be installed, maintained or operated above ground; (d) the movement of pedestrians and passenger vehicles between mercantile, business and professional establishments and occupants located or to be located within the Building Areas of the Shopping Center, (e) the provision of other facilities such as mailboxes, public telephones and benches for the comfort and convenience of customers, visitors, invitees, and patrons of the mer- cantile, business and professional establishments and occupants located or to be located within the Building Areas or any portion thereof, as the Owners may from time to time deem appropriate; (f) subject to Section 5.5 hereof, the construction, maintenance, repair, replacement, rearrangement and reconstruction of parking sites or stalls, including bumpers, pri- vate streets, sidewalks, ramps, driveways, lanes, curbs, gutters, traffic control areas, signals, directional signs, traffic islands, traffic and parking lighting facilities, underground public utilities, underground sewage facilities, and all other common facilities in accordance with the terms of this Declaration; (g) subject to obtaining all required governmental approvals therefor, Declarant may erect or cause to be erected (__) monument sign structures in the locations indicated on the Exhibit "B." The monument sign structure and identification signs thereon shall conform to the sign criteria prepared by a licensed architect and approved by Declarant and Ralphs. A copy of the approved Sign Criteria is attached hereto as Exhibit "C" and incorporated herein by this reference. The occupant of the Market Parcel shall be entitled to install its identification sign on the bottom sign position of the monument sign structure. Declarant shall be entitled to install a project identification sign on the upper sign position Should any Owner or tenant fail to maintain its sign, such maintenance shall be performed by Declarant and billed directly to such Owner or tenant. Declarant and the other Owners may erect such other signs within the Shopping Center specifically including monument signs as governmental approvals may be obtained for provided such sign(s) (i) do not impact the ability of any Owner or tenant to maintain their then existing sign(s) and/ or the pylon signs described above, (ii) do not block or obstruct any existing pylon, monument or building sign(s), and (iii) are in compliance with the approved Sign Criteria; (h) the construction, maintenance, repair, replacement and reconstruction of any landscaped area including planters, planting boxes, edgers, decorative walls, and sprinklers and 1061.05.03/CC R/02.23.94 11 0 0 • t valves, all as may be required by any governmental authority having jurisdiction over the Property; and (i) except for the truck loading ramp located in the southeast corner of the Market Parcel the Common Areas shall not at any time be used for the parking of large trucks nor the loading or unloading thereof except for the parking, loading or unloading of trucks during and in connection with the construction or demolition of buildings upon any Building Areas, the servicing and supplying of Building Areas which cannot be serviced and supplied from areas designated as loading areas, the short-term parking (not more than twenty [20] minutes) of small delivery trucks for loading and unloading of merchandise, the delivery or removal of trade fixtures (including signs) or the construction, repair or maintenance of parking area and improvements and facilities herein permitted, upon the condition that any such use shall be confined to that which is reasonably necessary in connection with the matters herein specified and shall be diligently and promptly performed. 5.7 The term "Service" as used herein shall mean and be deemed to include and permit the following: (a) the ingress and egress of delivery and service trucks and vehicles to and from the Building Areas within the Shopping Center, or any portion thereof and the public streets adjacent to the Property for the delivery of goods, wares, or merchandise and the rendition of services to the Owners and their respective Permitted Users; (b) the ingress and egress of any of the above designated persons and the vehicles thereof, to and from any portion of the Property and the public streets; (c) the installation, operation, repair, replacement and maintenance of mail- boxes and public utilities, together with vaults, manholes, meters, pipelines, valves, hydrants, conduits, poles and related facilities, and sewage services, serving any Building Areas; provided, however, that any poles or other above - surface installations shall be located so that there shall be an unimpeded access for vehicles and trucks to and from the public streets from and to the loading areas of any Building Area and all crossarms and pole racks and the like attached thereto shall be in compliance with all applicable laws. In the event any Owner or tenant shall damage any of the Common Areas through the repair, maintenance, use, operation or replacement of any utility line, conduit or pipe, such damages shall be promptly repaired to the condition existing prior to such damage by such Owner or tenant to Declarant's reasonable satisfaction; (d) subject to the provisions of Sections 5.5 hereof, the rearrangement and reconstruction of truck loading and unloading areas including ramps, docks and similar facilities; trash, refuse and garbage container storage areas; the opening of doors from Building Areas onto and over the Common Areas adjacent to the Building Areas; areas for the parking of the automo- biles of employees or the occupants of any Building Areas; and other incidental and related facilities; (e) the temporary parking or standing of trucks, tractors, trailers and other delivery vehicles used in conjunction with the exercise of any of the activities described in Subparagraph 5.7(a); and (f) the storage of shopping carts at one or more locations as shown on Exhibit "B," or as approved by Declarant, which approval shall not be unreasonably withheld or delayed; and 1061.05.03/CCR/02.23.94 12 � • LL�x t1. "i'� .:. . :1' �Yi. r i �. Y� �1 L� (g) all the Service uses permitted within the Common Area shall be performed with reason and judgment so as not to unreasonably interfere with the serving and supplying of the loading areas of the Building Areas. 5.8 Leases. Any lease affecting all or any part of the Property shall be subordinate to this Declaration, and any such lease documents shall specifically refer to this Declaration and obligate the tenant to abide by the Restrictions contained herein. U11 01 =11 6.1 Exclusive Authority Over Common Areas. Declarant shall exclusively operate and maintain all Common Areas within the Shopping Center, consisting of driveways, sidewalks, parking areas, delivery ways, loading areas (except loading ramps and docks for exclusive use by an Owner or occupant), monument sign structure(s), if any, monument signs (excluding monument signs erected by individual owner or tenant), landscaped areas, boundary walls and comfort stations, which authority shall also include the right to enact reasonable and nondiscriminatory rules and regulations for the use and operation of the Common Areas, which rules and regulations may include restrictions on employee parking. In connection therewith, Declarant shall have the right to employ one (1) or more independent parties or entities to assume and perform all of the maintenance obligations provided for in this Declaration. The employment of any independent party as provided for herein shall be binding upon any Owner who has or sub- sequently acquires an interest in any portion of the Property. Any independent party or entity employed by Declarant shall be subject to removal in Declarant's sole and absolute discretion. 6.2 Common Areas Maintenance Easements. and Other Uses. Declarant hereby reserves to itself and its successors and assigns, together with the right to grant and transfer all or a portion of the same, non - exclusive easement rights on, over, under and across the Common Areas for the purpose of landscaping, maintenance, repair and replacement of the Improvements thereto including the installation, operation and maintenance of irrigation systems and controls pertaining thereto. Declarant shall also have the right of ingress and egress over any and all other parts of the Property and any Parcel to gain access to the Common Areas; provided, however, that such ingress and egress shall not unreasonably interfere with the use of any Parcel by the Owner or any lawful occupant thereof. (a) Intentionally Omitted (b) Within twenty (20) days after the receipt of an itemized statement from Declarant showing "Common Areas Maintenance Costs" (defined hereinbelow) paid or incurred during a particular period, each Owner shall pay its "Proportionate Share" of all such Common Areas Maintenance Costs as itemized by Declarant on each such statement. Subject to the provi- sions of Article IX (dealing with phasing of Declarant's development of the Property), each Owner's Proportionate Share shall be determined by dividing the gross ground floor square footage building area of such Owner's Parcel by the ground floor square footage building area of all buildings located within the Property as shown on the Site Plan, as amended from time to time.. The initial Proportionate Shares of the Parcels of the Property is as follows: 1061.05.03/CCR/02.23.94 13 • 4"'i As used herein, "Common Areas Maintenance Costs" shall include, but are not limited to, all actual costs and expenses from time to time incurred by Declarant for: (i) planting, landscaping, and maintaining the landscaping within the Common Areas; (ii) operation, maintenance, and repair of irrigation systems serving landscaping located with the Common Areas; (iii) the provision of reasonably adequate lighting of the Common Areas during the business hours of darkness (provided Common Areas lighting required after 11:00 p.m. shall not be considered as an item of Common Areas Maintenance Costs and shall be paid by the occu- pants) or Owner(s) requesting same); (iv) water, electricity and other utility services servicing the Common Areas; (v) security patrols if deemed necessary by Declarant; (vi) janitorial services for any public facilities located within the Common Areas; (vii) maintenance of, repairs to, and replacement of the parking areas and sidewalks including sweeping, bumpers, directional signs and striping; (viii) graffiti removal to the extent not provided by any governmental agency; (ix) fees or charges of personnel to manage, implement or perform any or all such services; (x) a management fee equal to fifteen percent (15 %) of the Common Areas Maintenance Costs for all Parcels having Building Areas occupied by tenants occupying less than ten thousand (10,000) square feet of floor area, and a management fee equal to ten percent (10 %) of the Common Areas Maintenance Costs for all Parcels having Building Areas occupied by tenants occupying ten thou- sand (10,000) or more square feet of floor area. With regard to tenants occupying ten thou- sand (10,000) or more square feet of floor area, the ten percent (10 %) management fee shall exclude from the computation of same insurance premiums, single expenditures in excess of Ten Thousand Dollars ($10,000.00) (of which only the first Ten Thousand Dollars ($10,000.00) of any such expenditure shall be subject to a management fee), depreciation, and fees paid to others for management duties; (xi) the insurance on the Common Areas provided in Article XI hereof, and (xii) any other items of maintenance, repair, or replacement that may be needed from time to time to maintain the Common Areas and/or to cause the Common Areas to comply with all appli- cable governmental requirements. Declarant shall use reasonable efforts to hold the Common Area Maintenance Costs to a reasonable amount consistent with the operation and maintenance of a first- class integrated retail shopping center. Should Declarant utilize any affiliates or affiliated compa- nies to provide any item(s) of Common Area Maintenance, the amounts charged by such affiliates or affiliated companies shall not exceed the amount charged by unaffiliated professional providers of the same service(s). (c) In lieu of billing the Owners for their shares of the Common Areas Main- tenance Costs after such costs have actually been incurred, Declarant reserves the right to bill the Owners for their Proportionate Shares of the Common Areas Maintenance Costs on an estimated basis commencing on the first day of the first month the Common Areas within the Market Parcel are open for use by the general public. In such event, Declarant shall reasonably estimate the Common Areas Maintenance Costs for the upcoming twelve (12) months and bill the Owners for such Costs in equal monthly installments. Declarant shall keep accurate books and records of the Common Areas Maintenance Costs which books and records shall be open for inspection and copying by any Owner and such Owner's designated accountants and attorneys. Each Owner shall pay such estimates within ten (10) days of receipt. In the event any Owner shall fail to pay such estimate within ten (10) days of receipt, such Owner shall pay a late fee equal to four per- cent (4 %) of the overdue amount. Declarant shall provide to each Owner within sixty (60) days following the close of each calendar year a written reconciliation detailing the actual Common Areas Maintenance Costs incurred during the prior year together with the amounts paid by such Owners toward such Costs. In the event any Owner shall have not paid an amount through its monthly estimated payments equal to its Proportionate Share of the actual Common Areas Mainte- nance Costs, such Owner shall pay any additional amount due within twenty (20) days of such Owners receipt of the year end reconciliation. In the event any Owner shall have overpaid through its monthly estimated payments its Proportionate Share of the actual Common Areas Maintenance Costs, such Owner shall receive a credit in the amount of such overpayment against future esti- mated payments. Declarant shall permit each Owner and Ralphs (or its successor) during the term 1061.05.03/CCR/02.23.94 14 �� ` .�: ,�� • �Yry'.'�l. of the Ralphs Lease, and any extensions thereof, to audit at no expense to Declarant, all books and records pertaining to the Common Area Maintenance Costs upon reasonable prior written notice during regular business hours. In the event an audit shall disclose an overbilling against the auditing party in excess of two percent (2%) of the amount billed, Declarant shall reimburse the auditing party for the cost of the audit not to exceed Five Hundred Dollars ($500.00). Declarant shall retain the books and records of Common Area Maintenance Costs for three (3) years following the date same are audited. (d) Except as provided in Article IX hereof, no Owner shall alter or obstruct the Common Areas in any way without the express written approval of Declarant, in Declarant's sole but reasonable discretion, and during such time as Ralphs, or its successor -in- interest, shall be the tenant of the Market Parcel, without the express written approval of Ralphs, or its successor -in- interest. In addition to any other remedies it may have, Declarant may, after giving ten (10) days' notice to any Owner who violates this provision, enjoin, remove or abate any such obstruction or alteration of the Common Areas. In such event, Declarant shall be entitled to reimbursement from such Owner of all of Declarant's costs and expenses associated therewith including, but not limited to, reasonable attorneys' fees, upon such Owner's receipt of Declarant's written demand therefor. 6.3 Remedies for Non - Payment. If any Owner shall fail to make any payment when due and payable under this Article, together with interest thereon at the maximum rate then permitted by law from and after the date such payment is delinquent, then in addition to all other rights at law for damages (including reasonable attorneys' fees, court costs and other costs of col- lection or enforcement) or rights in equity for specific performance to enjoin a violation of any provision in this instrument or to enforce any other compliance therewith, or any other rights or remedies available to Declarant, any such unpaid amount (including all such interest and costs) shall, upon the recordation of a notice of default, become a continuing lien and charge against the applicable Parcel owned by the defaulting Owner until paid. The unpaid amount shall also be the personal obligation of such Owner until paid. In connection therewith, Declarant may serve upon the defaulting Owner, and may record with the Riverside County Recorder, a notice of default reciting the nature of the breach, the legal description of the affected Parcel, the name of the appli- cable Owner and the total amounts due. If the amounts due are paid within thirty (30) days after such recording or delivery of notice (or within such longer period as may be required by law), Declarant shall forthwith record an appropriate release of any recorded lien at the sole expense of the defaulting Owner. If the amounts due are not timely paid, Declarant may foreclose such lien by a sale conducted pursuant to the applicable sections of the California Civil Code or other statutory provisions applicable to the exercise of powers of sale in mortgages or deeds of trust, or in any other manner permitted by law. Declarant, through its authorized representatives, may bid on and acquire any property subject to such lien at any such foreclosure sale. 6.4 Reservation Of Common Areas Inaress/Egress/Parking Easements. Declarant hereby reserves for the benefit of itself and all Owners and their respective successors, assigns, grantees, employees, tenants, subtenants, licensees, concessionaires, agents, representatives, customers, clients, patrons, guests and invitees, non - exclusive easements and easement rights over the Common Areas for (i) vehicular and pedestrian ingress and egress between the public streets adjoining the Property and the Building Areas within the Property, and (ii) vehicular parking over the portions of the Common Areas specifically improved for vehicular parking. Each such non- exclusive easement and easement rights shall be appurtenant to and pass with the title to every Parcel, subject to the following rights and restrictions: (a) The right of Declarant to adopt and to enforce reasonable and non- discriminatory rules and regulations restricting or otherwise governing use of the Common Areas. (b) The right of Declarant or its designees to enter on the Common Areas to landscape and construct Improvements thereon and to operate, maintain and make repairs thereon. 1061.05.03/CCR/02.23.94 15 ..;� Ns. �� . .. .r. 9 `.a "� � "i C (c) The right of the Association or its agents to enter upon the Common Areas to perform any obligations delegated to the Association by Declarant. 6.5 Reservation Of Easements For Declaration Purposes. Declarant hereby reserves for the benefit of itself and all Owners and their respective successors, assigns, grantees, employees, tenants, subtenants, licensees, concessionaires, agents, representatives, guests and invitees nonexclusive easements and easement rights appurtenant to all Parcels of the Property over, across, upon, in, under and through the Common Areas for the purposes set forth in this Declara- tion specifically including, but not limited to, the construction, installation, operation, repair and maintenance of the Common Area improvements. 6.6 Grant Of Easements For Access. Each Owner hereto, as grantor, hereby irrevocably grants to each other Owner during the term of this Declaration and all extensions thereof, for the benefit of such other Owners, their respective successors, assigns, tenants, employees, agents, customers and invitees, and the customers, employees and invitees of such tenants, and for the benefit of each Parcel belonging to the other Owners as grantees, reciprocal nonexclusive ingress and egress for vehicular and pedestrian traffic and the right of vehicular parking upon, over and across the portion of the Common Areas within the grantor's Parcel(s). 6.7 Grant Of Easements For Declaration Purposes. Each Owner does hereby irrevocably grant to the other Owners during the term of this Declaration and all extensions thereof, their successors and assigns, grantees, tenants, subtenants, licensees, concessionaires and agents, employees, customers, visitors and invitees nonexclusive easements and easement rights appur- tenant to all Parcels of the Property over, across, upon, in, under and through the Common Areas within the grantor's Parcel(s) for the purposes set forth in this Declaration. 6.8 Declarant's Successor. At such time as Declarant shall cease to be an Owner of any portion of the Property, the authority over, and maintenance of the Common Areas as prescribed in this Article VI shall automatically pass to the Owner of the Market Parcel. e! Lei 1111N V oil toe I 7.1 Inspection Rights. Declarant and its authorized representatives may, from time to time, at any reasonable hour, enter upon and inspect the Property, any Parcel or any portion thereof or Improvements thereon, to ascertain compliance with any of the Restrictions contained herein, but without obligation to do so or liability therefor. 7.2 Default and Remedies. In the event of any breach, default, noncompliance, vio- lation or failure to perform or satisfy any of the Restrictions contained herein (collectively "Breach ") which has not been cured within thirty (30) days after written notice from Declarant to do so (or if any such Breach is not reasonably susceptible of cure within such thirty (30) day period, then if the Owner has not commenced promptly within the thirty (30) day period and there- after diligently continued to prosecute such cure to completion), Declarant, in its sole discretion, may enforce any one or more of the following remedies or any other rights or remedies to which Declarant may be entitled at law or in equity, whether or not set forth herein. To the maximum extent permitted by law, all remedies provided herein or by law or equity shall be cumulative and not mutually exclusive. (a) Damages. Declarant may bring a suit for damages for any compensable Breach of any of the Restrictions contained herein, or for declaratory relief to determine the enforceability of any of the Restrictions. 1061.05.03/CCR/02.23.94 16 • 'R 1 (b) Equity. By their acquisition of legal title to any Parcel within the Property, the Owners each recognize and agree that a Breach by any Owner of one or more of the Restrictions contained herein may cause the Declarant and/or the other Owners to suffer material injury or damages not compensable in money. In the event of such a Breach, the Owners further agree that Declarant and each other Owner shall be entitled to bring an action in equity or otherwise for specific performance to enforce compliance with these Restrictions or for an injunction to enjoin the continuance of any Breach thereof. (c) Abatement and Lien Rights. Any Breach of these Restrictions or any provisions hereof is hereby declared to be a nuisance, and Declarant shall be entitled to enter the Parcel or portion of the Property as to which the Breach exists and summarily abate and remove, without further legal process to the maximum extent permitted by law, any structure, thing, or condition that may exist in Breach of any of these Restrictions, or to prosecute any remedy allowed by law or equity for the abatement of such nuisance against any person or entity acting or failing to act in breach of these Restrictions, all at the sole cost and expense of the Owner of the applicable Parcel. Any costs or expenses paid or incurred by Declarant in abating such nuisance or prosecuting any such remedy (including all reasonable attorneys' fees and costs of collection), together with interest thereon at the maximum rate permitted by law, shall, upon recordation of a notice of default, become a continuing lien and charge against the Parcel(s) as to which the Breach exists until paid, and shall also be the personal obligation of that person who was Owner of such Parcel when such charges became due or who committed such Breach. Any such lien shall be enforceable as provided in Section 6.3 above. 7.3 Waiver. No waiver by Declarant or any other Owner of a Breach of any of these Restrictions and no delay or failure to enforce any of these Restrictions shall be construed or held to be a waiver of any succeeding or preceding Breach of the same or any other of these Restric- tions. No waiver by Declarant of any Breach hereunder shall be implied from any omission by Declarant to take any action on account of such Breach if such Breach persists or is repeated, and no express waiver shall affect a Breach other than as specified in said waiver. The consent or approval by Declarant to or of any act by any Owner requiring Declarant's consent or approval shall not be deemed to waive or render unnecessary Declarant's consent or approval to or of any subsequent similar acts by such Owner or any other Owner. 7.4 Costs of Enforcement. If any legal or equitable action or proceeding is instituted to enforce any provision of this Declaration, the party prevailing in such action shall be entitled to recover from the losing party all of its costs, including court costs and reasonable attorneys' fees, as awarded by the court as part of its judgment or order thereon. 7.5 Rights of Lenders. No breach or violation of any provision of this Declaration shall defeat or render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to the development, construction, or perma- nent financing or refinancing of any Parcel or portion thereof or any Improvement thereon; pro- vided that all of the provisions of this Declaration shall be binding upon and effective against any subsequent Owner of any Parcel whose title is acquired by foreclosure, whether judicially or by power of sale, trustee's sale, deed in lieu of foreclosure, or otherwise pursuant to such lien rights, but such subsequent Owner shall take title free and clear of any violations hereunder occurring prior to such transfer of title. ARTTCLE VIII 8.1 Term. This Declaration, every provision hereof and every covenant, servitude, condition, restriction and easement contained herein, shall continue in full force and effect for a 1061.05.03/C C R/02.23.94 17 3y . iii: 1� ,7'W )jjr i-� 1 _S� . �, period of forty (40) years commencing on the date of recording of this Declaration. Thereafter, this Declaration shall be deemed to have been automatically renewed for successive terms of ten (10) years each unless revoked by an instrument in writing, executed and acknowledged by (a) Owners holding seventy-five percent (75 %) of the total ground floor square footage Building Areas then subject to the Restrictions, and (b) Declarant during such time as Declarant shall remain an Owner, and (c) the City of La Quinta, and recorded in the Office of the County Recorder of Riverside County within ninety (90) days prior to the expiration of the initial forty (40) year term or any ten (10) year renewal period. 8.2 Termination or Modification. This Declaration and any provision hereof, may be terminated, modified or amended as to all or any portion of the Property, but only with the written consent of either (i) the Owners of at least fifty-one percent (51 %) of the portion of the Property not owned by Declarant, and Ralphs (or its successor -in- interest) during the existence of the Ralphs Lease, and any extensions thereof, or (ii) Declarant alone so long as it remains an Owner of at least ten percent (10 %) of the portion of the Property then subject to the Restrictions, and Ralphs (or its successor -in- interest) during the existence of the Ralphs Lease, and any extensions thereof, in each case based on the number of square feet of ground floor Building Areas owned as compared to the total number of square feet of ground floor Building Areas subject to these Restrictions; provided, however, that so long as Declarant shall remain an Owner no such termina- tion, extension, modification or amendment shall be effective without the written approval of Declarant thereto, in its sole discretion. Further, notwithstanding the provisions in this Arti- cle VIII, neither the rights granted hereunder nor the conditions and Restrictions created hereby may be terminated, revoked or otherwise substantially modified without the prior written consent of the City Manager of the City of La Quinta, a certified copy of which shall be recorded, as to the obligations to grant, maintain and enforce reciprocal access rights and easements for ingress, and egress and access, relating to required parking, utilities and drainage for all lots, joint use of access, maintenance of landscaping, and the provisions of Article XIV, or other applicable obligations herein relating to performance of project Conditions of Approval as described in Article XIV; copies of such Conditions of Approval are available for public review in the Offices of the City Clerk and the Community Development Director of the City of La Quinta. 8.3 Assignment by Declarant. Any and all of the rights, powers, duties and reserva- tions of Declarant contained in this Declaration may be assigned by Declarant in writing to a Cali- fornia non - profit mutual benefit corporation ( "Association ") formed, organized and operated in accordance with Article X hereof. Such assignment need not be accepted by the Association to be effective. The Association shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. Any such assignment shall relieve Declarant from its duties under this Declaration so assigned. Upon written request of any Owner, Declarant or the Association shall advise such Owner of which of Declarant's rights, powers, duties, and obligations have been assigned to the Association. At such time as Declarant shall cease to be an Owner, the Owner of the Market Parcel shall automatically assume the powers and obligations of Declarant under this Declaration, subject to the right of such Owner to assign same to the Association as provided above. ARTICLE IX INTENTIONALLY OMr= 10.1 Membership-. After the Association is incorporated, and following Declarant's assignment of rights and obligations as provided in Section 8.3 hereof, upon becoming the Owner of a Parcel(s) such Owner shall automatically be a member of the Association, and shall remain a member thereof until such time as his ownership of such Parcel(s) ceases for any reason. Mem- 1061.05.03/CCR/02.23.94 18 0 IQ - ` t bership in the Association shall be held in accordance with the Articles and Bylaws of the Association. 10.2 Transfer of Membership. Membership in the Association shall not be transferred, encumbered, pledged or alienated in any way, except upon the sale or encumbrance of the Parcel to which it is appurtenant, and then only to the purchaser, in the case of a sale, or mortgagee in the case of an encumbrance of such Parcel. On any transfer of title to an Owner's Parcel, including a transfer on the death of an Owner, membership in the Association shall pass automatically with title to the Parcel to the transferee. A mortgagee shall not have membership rights until it obtains title to the Parcel through the exercise of its power of sale, foreclosure or deed in lieu thereof. Any attempt to make a prohibited transfer of a membership in the Association is void. No Owner may resign or abandon his membership in the Association. On notice of a transfer of an Association membership, the Association shall record the transfer on its books. 10.3 Membership: Classes and Voting Rights. The Association shall have one (1) class of voting membership: The members of the Association shall be all Owners (including, if applicable, Declarant). Each member shall be entitled to one (1) vote for each one hundred (100) square feet of ground floor Building Areas completed to at least a shell stage contained within such Owner's Parcel, which gross square footage shall be rounded up or down to the nearest number divisible by one hundred (100). When more than one (1) person holds an interest in any Parcel, all such per- sons shall be members; provided, however, that the number of votes attributable to ownership of such Parcel shall not be increased as a result of such multiple ownership and the vote(s) for such Parcel shall be exercised as a majority of the Owners thereof shall determine in writing. 10.4 Creation of the Lien and Personal Obligation of Assessments. Declarant, for each Parcel it owns within the Shopping Center, hereby covenants, and each Owner of any Parcel within the Shopping Center by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, effective on the date Declarant assigns its rights and obligations to the Association as provided in Section 8.3 hereof, covenants and agrees: (1) to pay the Association assessments for Common Area Maintenance Costs, other assessments, whether annual or special, and charges for purposes permitted herein; and (2) to allow the Association to enforce any assessment lien established hereunder by nonjudicial proceeding under a power of sale or by any other means authorized by law. The annual and special assessments, together with interest, late charges, collection costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the Parcel against which each such assessment is made, the lien to become effective upon recordation of a notice of default as provided in Paragraph 6.3 hereof. Such costs, and reasonable attorneys' fees, shall also be the personal obligation of the person or entity who was the Owner of such Parcel at the time when the assessment fell due. No Owner of a Parcel may exempt himself from liability for such Owner's contribution towards the Common Areas Mainte- nance Costs by waiver of the use or enjoyment of any of the Common Areas or by the abandon- ment of such Owner's Parcel(s). The manner by which Common Areas Maintenance Costs, other assessments (whether annual or special) and charges may be established are set forth in Paragraphs 6.2(b) and (c) hereof. 10.5 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to provide for the operation, repair and maintenance of the Common Areas of the Shopping Center, and to enable the Association to perform the obligations assigned to it by Declarant hereunder, if any. 10.6 Division of Assessments. All assessments shall be allocated, charged to, and divided among the Parcel Owners in the same proportion as the "Proportionate Shares" described in Paragraph 6.2(b) hereof, as adjusted from time to time due to the annexation of additional prop- 1061.05.03/CCR/02.23.94 19 m �p 'tom 5+. t • erty into the Shopping Center as provided in Article IX. Declarant or the Association shall, from time to time, upon request by any Owner, distribute to all Owners a schedule showing each Owner's Proportionate Share of all assessments calculated in accordance with the foregoing for- mula. 10.7 Effect of Nonpayment of Assessments. Any assessment not paid within fif- teen (15) days after the due date shall be delinquent, shall bear interest at the rate of ten per- cent (10 %) per annum commencing thirty (30) days after the due date until paid, and shall incur a late payment charge in an amount equal to four percent (4 %) of the delinquent assessment. 10.8 Transfer of Parcel by Sale or Foreclosure. (a) Sale or transfer of any Parcel shall not affect the assessment lien; provided however, that sale of any Parcel pursuant to a sale under the power of sale contained in any first mortgage or judicial foreclosure of any first mortgage shall extinguish the lien of such assessment, including attorneys' fees, late charges, or interest levied in connection therewith as to payments which became due prior to such sale or transfer, except for assessment liens recorded prior to the recordation of the mortgage. No sale or transfer by power of sale or judicial foreclosure shall relieve such Parcel from liability for any assessments thereafter becoming due or from the liens thereof. (b) Where the mortgagee of a first mortgage of record or other purchaser of a Parcel obtains title to the same as a result of the judicial or non judicial foreclosure of any such first mortgage, such acquirer of title, and its successors and assigns, shall not be liable for assessment by the Association, chargeable to such Parcel which became due prior to the acquisition of title to such Parcel by such acquirer (except for assessment liens recorded prior to the mortgage). (c) In a voluntary conveyance of a Parcel, the grantee and the grantor shall be jointly and severally liable to the Association for all unpaid assessments against the Parcel for the grantor's share of the Common Area Maintenance Costs up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the Association, dated as of the record date of conveyance, setting forth the amount of the unpaid assessments against the grantor due the Association, and such grantee shall not be liable for, nor shall the Parcel conveyed by subject to a lien for, any unpaid assessments made by the Association against the grantor in excess of the amount set forth in the statement; provided, however, that the grantee shall be liable for any such assessments becoming due after the grant or conveyance. (d) For purposes of this Declaration, the term "mortgage" shall be deemed to include a deed of trust and any similar voluntary encumbrance affecting real property, and the term "mortgagee" shall be deemed to mean the beneficiary or other holder of such deed of trust or voluntary encumbrance. (a) If an assessment is delinquent, the Association may record a notice of default and establish a lien against the Parcel of the delinquent Owner prior and superior to all other liens except (1)all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge of any mortgage or deed of trust or record meaning any recorded mortgage or deed of trust made in good faith and for value and of record prior to the recording of the notice of delinquent assessment, in the manner provided in Paragraphs 6.2(b) and (c) hereof. The notice of default shall state the amount of the past due assessment(s), collection costs, attor- neys' fees, late charges and interest, a description of the Parcel against which the assessment and other sums are levied, the name of the record Owner, and the name and address of the Association 1061.05.03/CC R/02.23.94 20 0 a u. ill 1 • or the trustee authorized by the Association to enforce the lien by sale. The notice shall be signed by any officer of the Association or by any management agent retained by the Association. (b) An assessment lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of default, if any, or sale by a trustee substituted pursuant to Civil Code § 2934(a). Any sale shall be conducted in accordance with the provisions of § 2921, § 2924(b), § 2924(c), § 2924(g), and § 2924(h) of the Califor- nia Civil Code, or any successor statues thereto, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. Nothing herein shall pre- clude the Association from bringing an action directly against any Owner for breaching the personal obligation to pay assessments. (c) The Association, acting on behalf of the Owners, shall have the power to bid for the Parcel at any foreclosure sale, and to acquire and hold, lease, mortgage, and convey the same. During the period a Parcel is owned by the Association following the foreclosure, (1) no right to vote shall be exercised on behalf of the Parcel, (2) no assessment shall be assessed or levied on the Parcel; and (3) each other Parcel shall be charged, in addition to its usual assessment, its share of the assessment that would have been charged to such Parcel had it not been acquired by the Association as a result of foreclosure. After acquiring title to the Parcel at foreclosure sale fol- lowing notice and publication, the Association may execute, acknowledge, and record a deed con- veying title to the Parcel, which deed shall be binding upon the Owners, successors, and all other parties. Suit to recover a money judgment or unpaid assessments, costs, and expenses, including reasonable attorneys' fees, shall be maintainable without foreclosing or waiving the lien securing the same. The Board of Directors of the Association (the "Board ") may temporarily suspend the voting rights of a member who is in default in payment of any assessment, after notice and hearing. 10.10 Unallocated Taxes. In the event that any taxes are assessed against the Common Areas or the personal property of the Association, rather than being assessed to a specific Parcel, said taxes shall be deemed an operating expense of the Association and included in the assessments made against all Owners. 10.11 Duties. In addition to the duties enumerated in its Articles of Incorporation, By- laws, or elsewhere provided for in this Declaration, and without limiting the generality thereof, following the assignment by Declarant to the Association of its rights and obligations as provided in Section 8.3 hereof, the Association shall perform the following duties (all of which shall be provided by Declarant until such assignment: (a) Insurance. The Association shall obtain and maintain the insurance on the Common Areas provided in Article X1 hereof. (b) Assessments. The Association shall fix, levy, collect and enforce assessments for the timely payment of the Common Areas Maintenance Costs, as more particularly set forth in the Bylaws of the Association. (c) Payment of Expenses. The Association shall pay all expenses and obliga- tions incurred by the Association in the conduct of its business of operating, maintaining repairing and replacing the improvements to the Common Areas including, without limitation, all licenses, taxes and governmental charges levied or imposed against the Common Areas. (d) Enforcement. The Association shall enforce this Declaration. 1061.05.03/CCR/02.23.94 21 a iY 1 1 10.12 Powers. In addition to the powers enumerated in its Articles of Incorporation and Bylaws, or elsewhere provided for herein, and without limiting the generality thereof, the Association shall have the following powers: (a) Manager. The Association may employ a manager or other persons and to contract with independent contractors or managing agents to perform all or any part of the duties and responsibilities of the Association, except for the responsibility to levy fines, impose disci- pline, hold hearings, file suit, record or foreclose liens, or make capital expenditures, provided that any contract with a firm or person appointed as a manager or managing agent shall not exceed a one (1) year term, shall provide for the right of the Association to terminate the same at the first annual meeting of the members of the Association, and to terminate the same without cause or payment of a termination fee on ninety (90) days' written notice, or for cause on thirty (30) days' written notice. (b) Assessments: Liens and Fines. The Association shall have the power to levy and collect assessments. The Association may impose fines or take disciplinary action against any Owner for failure to pay assessments or for violation of any provision of this Declaration. Penalties may include but are not limited to fines, temporary suspension of voting rights or other appropriate discipline, provided the member is given notice and a hearing before the imposition of any fine or disciplinary action. (c) Enforcement. The Association shall have the authority to enforce this Declaration. (d) Acquisition and Disposition of Property. The Association shall have the power to acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, or otherwise dispose of real or personal property in connection with the affairs of the Association. (f) Contracts. The Association shall have the power to contract for goods and/or services for the Common Areas and for the non - profit operation of the Association. (g) Delegation. The Association, the Board, and the officers of the Associa- tion shall have the power to delegate their authority and powers to committees, officers or employees of the Association, or to a manager employed by the Association, provided that the Board shall not delegate its authority: (1) To make expenditures for capital additions or improvements to the Common Areas; (2) To conduct hearings concerning compliance by an Owner or his tenant, lessee, guest or invitee with any provision of the Declaration; (3) To make a decision to levy monetary fines or impose special as- sessments against individual Owners, or to temporarily suspend an Owner's rights as a member of the Association or otherwise impose discipline; (4) To make a decision to levy assessments; or (5) To make a decision to bring suit, record a claim of lien or institute foreclosure proceedings for default in payment of assessments. 1061.05.03/CCR/02.23.94 22 -IN a 41 ,T t t (h) Appointment of Trustee. The Association, or the Board acting on behalf of the Association, has the power to appoint or designate a trustee to enforce assessment liens by sale as provided in Section 10.9 and as provided in Civil Code § 1367(b). (i) Other Powers. In addition to the powers contained herein, the Associa- tion may exercise the powers granted to a nonprofit mutual benefit corporation under California Corporations Code § 7140. 10.13 Commencement of Association's Duties and Powers. Until assignment thereof by Declarant to the Association, all duties and powers of the Association as described herein, including all rights of consent and approval, shall be and remain the duties and powers of Declarant. From and after the date of such assignment, the Association shall assume all duties and powers, and Declarant. shall be relieved of any further liability therefor. Wil '.9 11.1 Common Area Insurance. Declarant shall obtain and maintain the following types and amounts of insurance on or concerning the Common Areas the cost of which shall be an item of the Common Area Maintenance Costs: (a) A casualty policy insuring any structural improvements located in the Common Areas unless Declarant, in its sole discretion, determines that such insurance is not necessary; and (b) A comprehensive general public liability insurance policy insuring the Common Areas within the Shopping Center. Such insurance shall name Declarant, all other Owners, and Ralphs (or its successor -in- interest) during the term of the Ralphs Lease, and any extensions thereof, as additional insureds, with limits of not less than Two Million Dollars ($2,000,000.00) for the death of, or injury to, one or more persons, and One Million Dollars ($1,000,000.00) for property damage per occurrence, with an aggregate loss limitation of not less than Four Million Dollars ($4,000,000.00); and (c) Workers' compensation insurance on the employees hired by Declarant to maintain the Common Areas, if any, to the extent required by law. Each Owner appoints Declarant to act on behalf of the Owners in connection with all insurance matters arising from any insurance policy maintained for the Common Areas including without limitation, representing the Owners in any proceeding, negotiation, settlement or agreement. Any policy required hereunder may not be canceled without at least thirty (30) days prior written notice to Declarant, and to each entity named as an additional insured. Any insurance maintained for the Common Areas shall contain a "waiver of sub- rogation" in favor of Declarant and the Owners and occupants of the Parcels (including Declarant) and mortgagees, and, if obtainable, a cross- liability or severability of interest endorsement insuring each insured against liability to each other insured. Declarant shall periodically (and not less than once every three (3) years) review all insurance policies maintained for the Common Areas to determine the adequacy of the coverage and adjust the policies accordingly. 11.2 Owner's Hazard Coveraee. Each Owner shall obtain and maintain, at such Owner's sole expense, a standard fine and extended coverage policy on all buildings and structural improvements located on such Owner's Parcel. Such insurance shall be in amounts at least suffi- cient to avoid the effects of co- insurance provisions of the policies, that is, not less than ninety per- cent (90 %) of the actual replacement costs of the buildings and Improvements, but excluding 1061.05.03/CCR/02.23.94 23 0 6 Y K� u, • � S'-r i . JF° • f foundations, excavation costs and the costs of underground flues, pipes and drains. The obliga- tion of any Owner to maintain such insurance may be satisfied by causing such Owner's tenant to procure and maintain same provided such policy shall otherwise satisfy the requirements of this Article XI. Each Owner shall, upon written request of any other Owner or Declarant, furnish an insurance certificate or other reasonably satisfactory written evidence of the existence of such insurance at any time during the term of this Declaration. All such individually carried insurance shall contain a waiver of subrogation by the carrier as to Declarant and the other Owners. 11.3 Waiver Of Insured Claims. Except where due to the negligent act, omission or willful misconduct by an Owner or its agents, each Owner hereby waives any and every claim which arises or may arise in its favor and against any other Owner during the term of this Declara- tion for any and all loss of, or damage to, any of its property located within or upon, or damage to, any of its property located within or upon, or constituting a. part of the Property, which loss or damage is covered by valid and collectible fire and extended coverage insurance policies, to the extent that such loss or damage is recoverable under such insurance policies. These mutual waivers shall be in addition to, and not in limitation or derogation of, any other waiver or release regarding any loss of, or damage to, the property of any Owner. Inasmuch as the mutual waivers will preclude the assignment of any such claim by way of subrogation (or otherwise) to an insur- ance company (or any other person, firm or corporation), each Owner shall give to each insurance company which has issued to it policies of fire and extended coverage insurance, written notice of the terms of the mutual waivers, and shall have such insurance policies properly endorsed, if necessary, to prevent invalidation of such insurance coverages by reason of such waivers. 11.4 Owner's Hazard Coverage. At all times during the term of this Declaration, each Owner shall, at its sole expense, continuously maintain or cause to be continuously maintained Comprehensive General Liability Insurance, affording "single occurrence" protection to at least a limit of Two Million Dollars ($2,000,000.00), endorsed to cover personal injury (including false arrest), covering the building or buildings on its Parcel. The obligation of any Owner to maintain such insurance may be satisfied by causing such Owner's tenant to procure and maintain same provided such policy shall otherwise satisfy the requirements of this Article XI, and shall name Declarant, all other Owners, and Ralphs (or its successor -in- interest) during the term of the Ralphs Lease and any extensions thereof, as additional insureds. Each Owner shall, upon written request of any other Owner, furnish certificates of such insurance or other satisfactory written evidence of such insurance at any time during the term hereof. I yr • ► Lei 0 115 _VI 0 0_ .8!_ 91 12.1 Owners Must Rebuild Per Original Layout. If an Owner shall elect to rebuild or restore improvements on its Parcel or Parcels after an event of destruction of, or damage to the building(s) of such Owner, the Common Areas or other improvements upon such Owner's Par - cel(s), or any part thereof, the Owner shall rebuild, repair and restore such buildings and improvements in the same location as presently shown on Exhibit "B," and in the same general appearance and condition as existed prior to the damage or destruction with such modifications thereto as may be required by any local governmental agencies. 12.2 Time Limitations For Rebuilding. Any building, Common Areas, or other improvements rebuilt, repaired or restored by an Owner pursuant to this Declaration, shall be rebuilt, repaired and restored and ready for occupancy within two (2) years from the time when the loss or destruction occurred; subject, however, to delays caused by strikes, labor difficulties, governmental restrictions on building activity, fire, war or acts of God. Notwithstanding the pro- visions of Article XII generally, in the event that the provisions of a particular lease between an Owner and its tenant are different from the provisions of Article XII, then (a) as between such 1061.05.03/CCR/02.23.94 24 0 • xl a 8 Owner and its tenant, the lease provisions shall prevail, and (b) as among the Owners, this Declaration shall prevail. 12.3 Additional Requirements For Rebuilding. Any repair, reconstruction or replace- ment of any building(s), Common Areas, or other improvements performed by any Owner, pursuant to this Article XII shall be performed in accordance with the following requirements: (a) Plans and specifications therefor not previously approved for the original construction of the building shall be submitted to Declarant for its review and approval as to exterior architectural design, exterior construction and location of improvements being restored under the procedure set forth in Article III prior to the commencement of the work of such repair, reconstruction and replacement, which approvals shall be neither delayed nor withheld without good and valid reason and notice thereof made in writing. (b) The building, Common Areas or other improvements being restored shall be at least of equal value per square foot, and at least as usable for its intended purpose, as such building, Common Areas, or other improvements were just prior to the happening of such casualty. 12.4 In the event any Owner does not commence to rebuild and restore its damaged building(s), Common Areas, or other improvements under the provisions of this Article within one hundred twenty (120) days following the date of such damage, such Owner shall within the next thirty (30) day period clear its Parcel of all debris and hazardous conditions and shall thereafter maintain such Parcel in a clean, safe and sightly condition; provided, however, that in no event shall any Owner have the right to withdraw its Parcel or portion thereof from the Shopping Center nor change the Common Areas within such Owner's Parcel to Building Areas, nor in any way free such Parcel from any easements created and provided for hereunder, at any time during the term of this Declaration and, in the event of any such damage or destruction, each Owner shall cause that portion of its Parcel which is devoted to use as part of the Common Areas to be repaired and restored to the condition the same was in immediately prior to the occurrence of such damage or destruction, and thereafter to be maintained in such condition and as part of the Common Areas during the remaining term of this Declaration in accordance with the terms hereof. jymmam 13.1 Constructive Notice and Acceptance. To the maximum extent permitted by law, every Owner who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, servitude, condition, restriction, and easement contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the Property. 13.2 Mutuality. Reciprocity: Runs with Land. All Restrictions, servitudes, condi- tions, covenants, easements, liens and agreements contained herein are made for the direct, mutual, and reciprocal benefit of each and every part and Parcel of the Property; shall create reciprocal rights and obligations between the respective Owners of all Parcels and privity of contract and estate between all Owners of all Parcels, their heirs, successors and assigns; and shall, as to the Owner of each Parcel, his hers, successors and assigns, operate as covenants running with the land for the benefit of all other Parcels. 13.3 Captions. The paragraph headings or captions used herein are for convenience only and are not a part of this instrument and do not in any way limit, define or amplify the scope or intent of the terms and provisions hereof. 1061.05.03/CCR/02.23.94 25 4 • 1 • 13.4 Invalidity of Provision. If any provision of this Declaration as applied to Declarant or any Owner or to any circumstance shall be adjudged by a court of competent jurisdic- tion to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision under circumstances different from those adjudicated by the court, or the validity or enforceability of the Declaration as a whole. 13.5 Notices. All notices, consents, requests, demands, approvals, authorizations and other communications provided for herein shall be in writing and shalt be deemed to have been duly given if and when personally served or forty -eight (48) hours after being sent by United States registered or certified mail, return receipt requested, postage prepaid, to the intended party at its last known address. 13.6 Standing To Enjoin. It shall be lawful for any person or persons owning fee simple title to any portion of the Property together with Declarant and Ralphs (or its successor -in- interest) during the existence of the Ralphs Lease, to prosecute any proceedings at law or in equity, including injunctive relief, against any person violating, or attempting to violate, any of the covenants, conditions and Restrictions herein, and either to prevent it, him or them from so doing or to recover damages from or on account of such violation. All such remedies shall be cumula- tive. In the event of any violation or threatened violation by any Owner or its tenant or occupant of any portion of the Shopping Center owned by it, of any of the terms, covenants and conditions contained herein, the parties agree that irreparable damage shall have occurred to the other Owners and in addition to the other remedies provided herein, any other Owner or the Declarant or Ralphs (or its successor -in- interest) during the existence of the Ralphs Lease, shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. Except as herein specifi- cally provided, no rights, privileges or immunities conferred upon Owners by this Declaration shall inure to the benefit of any tenant (except Ralphs [or its successor -in- interest] during the existence of the Ralphs Lease), customer, employee or invitee of the Property or any other third party; nor shall any tenant (except Ralphs [or its successor -in- interest] during the existence of the Ralphs Lease), customer, employee or invitee of the Entire Property or any other third party be deemed to be a third party beneficiary of any of the provisions contained herein. All costs and expenses of any such suit or proceeding, including attorneys' fees as here- inafter provided, shall be assessed against the defaulting Owner and shall constitute a lien against its real property or the interest therein wrongfully deeded, leased, assigned, conveyed or contracted for until paid such lien to be effective upon the recording of notice in the office of the Riverside County Recorder, though any such lien shall be subordinate to any bona fide mortgage or deed of trust covering any portion of the Property, and any purchaser at any foreclosure or trustee's sale (as well as any grantee by a deed in lieu of foreclosure or trustee's sale) under any such mortgage or deed of trust shall take title free from any such lien, though otherwise subject to the provisions hereof. 13.7 Intentionally Omitted. 13.8 Standard Of Approval. If this Declaration provides that a consent or approval shall not be unreasonably withheld, such consent or approval shall be granted or withheld without unreasonable delay and, if consent is withheld or approval not granted, the reasons for withholding consent or approval shall be stated with reasonable certainty. 13.9 Attorneys' Fees. In the event that suit is brought for the enforcement or interpreta- tion of this Declaration or as the result of any alleged breach, the prevailing party or parties shall be entitled to be paid court costs, including reasonable attorneys' fees, by the losing party or parties and any judgment or decree rendered shall include an award of attorneys' fees. 1061.05.03/CCR/02.23.94 26 0 0 ��z 8 6 13. 10 Condemnation. In the event of any condemnation (by any duly constituted authority for a public or quasi - public use) of all or any part of the Property, the portion of the award attributable to the value of any land within the Common Area shall be payable only to the Owner(s) thereof, and no claim therefor shall be made by other Owners of any other portion of the Property; provided, however, that all other Owners of the Property may file collateral claims with the con- demning authority over and above the value of the land taken, and, provided further, however, that the Owner of any portion of the area so condemned shall promptly repair and restore the remaining portion of the area owned by such Owner as nearly as practicable to its condition immediately prior to the condemnation without contribution from any other Owner. 13.11 General Obligation For Building Maintenance. Owner shall keep, maintain, repair, manage and operate their respective buildings, whether occupied or unoccupied, located on its respective Parcel(s) in good and clean order, operation, condition and repair, without public or pri- vate nuisance, in conformity with first -class shopping center standards. and in such manner to establish, maintain and present, at all times, the appearance of a clean, well- managed, attractive, well coordinated and unified operation. Each Owner hereby agrees to paint the buildings located within its Parcel(s) at least once each seven (7) years, or as reasonably needed, whichever occurs first. 13.12 Governing Law. This Declaration and the application or interpretation thereof shall be governed exclusively by its terms and by the laws of the State of California. IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date first above written. LA QUINTA VILLAGE LIMrMD PARTNERSHIP, a California limited partnership UM General Partner General Partner 1061.05.03/CCR/02.23.94 23 • 1 6 0 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY 1061.15.05/CCR/02.22.94 0 0 ',f 1061.15.05/CCR/02.22.94 0 6 EXHIBIT "B" PLOT PLAN (to be attached) • 1 EXHIBIT "C" DECLARANT'S SIGN PROGRAM (to be attached) 1061.15.05/CC R/02.22.94 .# . 0 r' s 'i .t 4 4aQ�rw COUNCIL/RDA MEETING DATE: April 5, 1994 ITEM TITLE: Report of Planning Commission Action for a request by The Koenig Companies on Plot Plan 91 -456, Amendment #2 to permit an amendment to a commercial shopping center at the northwest corner of Washington Street and Calle Tampico RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Move to accept the action of the Planning Commission approving Plot Plan 91 -456, Amendment #2, subject to the attached conditions. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: Approval HistoU Originally the shopping center project was approved in April, 1991, consisting of 116,600 square feet on an 11.8 acre site. In addition, a General Plan Amendment and change of zone allowing commercial usage of the site was approved. In November, 1992, Amendment #1 was approved decreasing the project size to 85,645 square feet of floor space on 9.25 acres. The majority of this floor space reduction was due to the elimination of a major drug store. Additionally, an 18,000 square foot retention basin was eliminated near the northwest corner of the site. These modifications allowed the site area to be reduced to 9.25 acres from the original 11.8 acre site. On January 25, 1994, the Planning Commission granted a one year time extension with the new expiration date being November 24, 1994. Requested Amendment The applicant is requesting approval of an amendment to modify the market, shop area #1, and the driveway areas on Calle Tampico generally located at the southwest corner of the site (Attachment 1). The amendment includes a reduction in the market area from 45,695 square feet to 42,413 square feet and a reduction in the shop area #1 from 6,850 square feet to 6,820 square feet. A future 3,000 square foot addition to shop area #1 has also been eliminated. The total reduction in square foot of the shopping center is 3,312 square feet. The approved 85,645 square feet (including 3,000 square foot expansion) of floor space would, if approved, be reduced to 79,333 square feet. ccss.00i Previously, the two driveways on Calle Tampico had no on -site connection to each other south of shop #1. With the proposed revision, a driveway aisle and parking spaces would link the two driveways. The configuration of the parking lot area at the rear of shop area #1 is also being modified with this amendment. While the square footage of the buildings is being reduced by 3,312 square feet, the number of parking spaces is only being reduced from 491 to 489 parking stalls, which is still in compliance with Code requirements. Architecturally, the modifications to the project are minor. The same architectural style utilizing mission clay tile roof, exterior plaster, wood trellis and brick column bases is still being maintained. Along the south side of the market and the west side of the shop area #1, a trellis over the parking area will still be provided. Setbacks adjacent to property lines are being maintained except for the north side of the market. The previously approved plan provided a 60 -foot setback between the market wall and property line to the north. The revised plan shows a setback of 40 -feet, which is within Code requirements. At the southwest corner of the market, the plan has been revised to provide a screened trash area and pallet storage area adjacent to the market. This will eliminate the need for exposed outdoor storage which is not permitted. Attached is a copy of the Planning Commission staff report. Planning Commission Action The Planning Commission, at its meeting of March 22, 1994, reviewed this request. The major issues were the driveway access on Calle Tampico across from the City Hall driveway, and the treatment of the area between the north end of the market and the adjacent Jascorp project to the north. Access into the site on Calle Tampico was a matter of discussion due to the potential for traffic conflicts. It was noted by Commissioner Adolph that the two lanes going in across from the City Hall driveway were a hazard due to the need for the vehicles to quickly merge into one lane once on the site. The Engineering Department had recommended a condition allowing only one lane in to the project. The applicant felt the two lanes in were necessary. The Planning Commission action requires that the driveway be modified to the satisfaction of the Engineering Department. Two lanes in can be allowed provided the traffic conflicts are, eliminated to the satisfaction of the City Engineer. With this amendment, the setback between the market and adjacent north property line was reduced from 60 feet to 40 feet. Due to this reduction, and the fact that Jascorp has an approved project immediately to the north, staff raised concerns regarding the architectural treatment of the .north wall of the market. As an alternative to additional architectural treatment to the market wall, the Planning Commission discussed providing minimum 15 -foot high trees in the ten foot wide planter adjacent to the north property line on this project. The applicant felt that the heavy landscaping along the wall would better serve to screen the commercial project from the adjacent Jascorp project. The Planning Commission modified Condition #28.I. requiring trees along the wall. The trees must be a minimum 15 -feet tall in order to provide adequate screening for future residential owners in the Jascorp project. ccss.00i 2 The Planning Commission, after discussion regarding the above -noted items, took unanimous action (5 -0) to approve the requested Amendment #2, subject to conditions. FINDINGS AND ALTERNATIVES: The Planning Commission has approved the requested amendment, subject to conditions. Before the City Council at this time is a report of the Planning Commission action.. The options available to the City Council are: 1. Approve the action of the Planning Commission; 2. Request staff to set a public hearing for the City Council to review this amendment in greater detail. evelopment Director Attachments: 1. Location Map 2. Conditions of Approval 3. Planning Commission staff report for the meeting of March 22, 1994 4. Plan exhibits (large plans for City Council only) ccss.00i KI �1 ATTACHMENTS NOT A PART 2.56 ACRES Modification to setback - 3TACHMENT 1 U PAD V 5,000 S.F. 0 Modification to entrance and reduction of market square footage 4 1RNhc — �wwr� Y w kc rno+ MewunawT ft ca ,ewo _.. SHOP NO.2 I lUl 1 U IN000 .e .o PAD 'C tl I I Q 5,000 S.F. � I 10, / MARKET I/ iioiin I ` 42,413 S.F. _ � O I r; O — O SHOP PAD' NO 1 5 6,e20 S.F: � 6,000 S.F. PAD A ° o ON - I O 5,300 S.F. ° °i i sw. — Yus STOI 7W _ K LOW CALLE TAMPICO - . - Modification to Shop area #1,1 1670.00 Modification to entrance and reduction of market square footage 4 1RNhc — �wwr� Y w kc rno+ MewunawT ft ca ,ewo ' 1 ATTACHMENT 2 CONDITIONS OF APPROVAL - ADOPTED PLOT PLAN 91456 - AMENDMENT #2 - KOENIG COMPANIES MARCH 22, 1994 * Amended by Planning Commission 4 -28 -92 ** Amendment #1 + Amended by City Council 12 -1 -92 ++ Amended by Planning Commission 1 -25 -94 +++ Deleted by Planning Commission 1 -25 -94 • Amended by Planning Commission 3 -22 -94 • • Added by Planning Commission 3 -22 -94 GENERAL 1. • The development of the property shall be generally be in conformance with the exhibits contained in the file for PP 91 -456, Amendment #2, unless amended otherwise by the following conditions. 2. ++ The approved plot plan shall be used within one year of the final approval date (November 24, 1994); 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 until completion. A one year time extension may be requested as permitted by Municipal Code. 3. There shall be no outdoor storage or sales displays without specific approval of the Planning Commission. 4.** All exterior lighting shall be shielded and directed so as not to shine directly on surrounding adjoining properties or public rights -of -way. Alternative parking lot lighting plans utilizing light pole standards varying in height from 20 feet to 35 feet shall be submitted to the Planning Director for review and approval prior to issuance of a building permit. Light standard type and height with recessed light source shall also be reviewed and approved by the Planning Director. Exterior lighting shall comply with Outdoor Light Control Ordinance and Off - Street Parking requirements. 5. ** Adequate trash enclosures shall be provided for all structures and provided with opaque metal doors. Plans for ,trash enclosures to be reviewed and approved by the Planning Director prior to issuance of a building permit. Applicant shall contact the local waste management company to insure that enclosure size is adequate. Should recycling be required, recycling bins with enclosure shall be provided to the satisfaction of the Planning and Development Director. CONAPRVL.116 5 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 6.** A six foot high decorative masonry wall shall be provided adjacent to the north and west • property lines except within ten feet of the Washington Street and Calle Tampico street right -of -way line where the wall shall be reduced in height to 30 inches. djaeente -t#�e The wa:ll is to be ifisWled if and when the M M west and neFth boundafy of the "not a ry 7. Handicapped parking spaces and facilities shall be provided per Municipal Code and State requirements. 8. As required by the General plan, the applicant shall provide a noise study by a qualified engineer to determine the impacts on the surrounding residential zones and uses. The noise study shall suggest mitigation measures which the City can require. 9. The screen wall height adjacent to loading docks shall be determined by the required noise study. Should the noise problems from the use of the loading areas arise, the Planning Commission shall retain the right to limit the hours of loading and unloading. Surrounding property owners and residents which could be affected by noise shall be notified of the Planning Commission consideration of limitations on delivery hours. 10. The project shall comply with all existing Off - Street Parking requirements including but not limited to shading of parking lot areas, shopping cart storage, and bicycle parking spaces. 11. ** Decorative screen walls provided adjacent to street shall be high enough to screen the parking lot surface and the majority of parked cars from view of the street. Determination, location, design, and of height of walls shall be made after review of landscaping and grading plans by the City. 12. Landscaping planters along the north and west property lines shall be provided at maximum width possible with all unusable areas adjacent to property lines provided in landscaping. 13. The project shall comply with applicable Arts in Public Places Ordinance requirements. 14, A meandering six foot wide sidewalk shall be provided on Calle Tampico. On Washington Street the sidewalk shall be a meandering eight foot sidewalk with the sidewalk not touching the curb at any point except at the driveways and intersection of Washington Street and Calle Tampico. Sidewalks shall be in the parkway and landscaped setback lot. CONAPRVL.116 0 1 Conditions of Approval Plot Plan 91 -456 - Koenig companies March 22, 1994 15.** Tower structures shall be a maximum 50 foot high from the finish grade. 16. ++ Prior to issuance of grading or building permits, whichever occurs first, or lot line adjustment or parcel map shall be approved and recorded to separate the subject property from properties to the north. 17. The City shall retain a qualified archaeologist, with the developer to pay costs, to prepare a mitigation and monitoring plan for artifact location and recovery. Prior archaeological studies for this site as well as other unrecorded information, shall be analyzed prior to the preparation of the plan. 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: 1) identify the means for digging test pits; 2) allow sharing the information with the CVAS; and 3) 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 the 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 on 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 areas 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. CONAPRNL.116 7 conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 18.** Prior to issuance of a building permit for construction of any building or use contemplated by this use, the applicant shall obtain permits or clearances from the following agencies: o City Fire Marshal o City of La Quinta Public Works Department o City of La Quinta Planning & Development Department o Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District o California Regional Water Quality Control board (NPDES Permit) Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building Department at the time of application for a building permit for the proposed project. 19. Provisions shall be made to comply with the terms and requirements of the City adopted Infrastructure Fee Program in effect at the time of issuance of building permit. 20. Final landscaping plans shall include approval stamps and signatures from the Riverside County Agricultural Commissioners Office and the Coachella Valley Water District. 21. • Bus turnout and bus waiting shelters shall be pfevided constructed as requested by Sunline Transit prior to issuance of Certificates of Occupancy for any structures within the development. 22. Prior to issuance of any grading or building permits, the applicant shall submit to the Planning and Development Department an interim landscape program for the entire tract, which shall be for the purpose of wind erosion and dust control. The land owner shall institute blowsand and dust control measures during the grading and site development. These shall include but not be limited to: A. The use of irrigation during all construction activities; B. Planting of cover crop or vegetation upon previously graded but undeveloped portions of the site; and C. Provision of wind breaks or wind rows, fencing, and /or landscaping to reduce the effects upon adjacent properties and property owners. The land owner shall comply with requirements of the Director of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily while being used to prevent the emission of dust and blowsand. CONAPRVL.116 0 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 D. ++ Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust (PM 10) Control plan prepared in accordance with Chapter 6.10, La Quinta Municipal Code. In accordance with said Chapter, the applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 23.** Construction shall comply with all local and State building Code requirements in effect at time of issuance of building permit as determined by the Building Official. 24. Prior to issuance of a grading permit, the applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those Conditions of Approval which must be satisfied prior to issuance of a building permit. 25. If shopping carts are stored outside, they shall be screened from view of the parking lot in a manner which is approved by the Planning and Development Director. 26. A parking lot striping plan including directional arrows, stop signs, no parking areas, and parking spaces shall be approved by Planning and Development and Engineering Departments prior to issuance of a building permit. All roof equipment shall be screened from view by parapet walls of building or other architecturally matching materials. Construction of pad buildings shall be subject to approval of a non - public hearing plot plan and approval by the Planning Commission. 27. All compact spaces shall be clearly marked "compact cars only ". 28. That all conditions of the Design Review board shall be complied with as follows: A.,, A detailed complete sign program shall be approved by the Planning Commission prior to completion of the construction of the shopping center. The sign program shall include any identification signs for the shopping center. B. The architecture, materials, and colors of the pad buildings shall be architecturally compatible, (i.e., identical architecture, materials, and colors) with the main shopping center buildings. C. Cement plaster texture used on the buildings shall be of a decorative nature. D.,, Additional architectural treatment including a file roof shall be provided around the west side of Shop 111. Revisions shall be approved by the Planning Commission prior to issuance of a building permit. CONAPRVL.116 E ' T Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 E. Between the street curbs and meandering sidewalks, no lawn shall be used within 5 -feet of the street curb. Irrigation systems between the curb and sidewalk or lawn shall be bubbler emitter type (no spaghetti tubing). F. The landscaping shall comply with the requirements as indicated in the Off -Street Parking Requirements. This includes the requirement of 50% shading of the parking lot area. G. The Off- Street Parking requirements also require established shopping cart return areas. These will have to be provided on the site. H. ++ A preliminary landscaping plan indicating specific tree, shrub, and ground cover (including sizes) shall be reviewed and approved by the Planning and Development Department prior to preparation of final landscaping plans. The landscaping is to be water efficient and utilize drip or emitter irrigation (no spaghetti tubing) as much as possible. Along the south or front side of Shop 1t2, planting areas shall be provided. I. • Landscaping adjacent to the northern and western property lines shall be heavily planted to provide screening and buffering with the adjacent residentially zoned properties. In the landscape strip north of the supermarket area, all trees shall be a minimum 1S foot high when planted. J. Additional tree wells and canopy trees shall be provided in the following areas: 1. • In the ei& 14 parking space area west of Shop #I - 2. In the two 14 -space parking areas between pads "B" and "C ". 3. In the 12- parking space area between pads "C" and "D ". K. Planting, mounding, and walls shall be provided in such a manner to provide screening of the parking lot area from perimeter streets. L. A decorative driveway pattern and colors shall be approved with final working plans. CITY FIRE MARSHAL: 29. The water mains shall be capable of providing a fire flow of 5000 gpm and an actual fire flow available from any two adjacent hydrants of 2500 gpm for a two hour duration at 20 psi. CONAPRVL.116 10 + Y Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 30. A combination of on -site and off -site Super fire hydrants, on a looped system (6" X 4" X 21h"), 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. Prior to issuance of a building permit, the applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review /approval. The plans shall conform to the fire hydrant types, location, and spacing, and the system shall meet the fir flow requirements. Plans shall be signed /approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 32.** The required water system including fire hydrants shall be installed and accepted by the Coachella Valley Water District prior to the start of construction. 33. Buildings shall be constructed so that the fire flow required for any individual building or unseparated area does not exceed 3500 gpm. 34. 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. The approved plans, with the Fire Department job card must be at the job site for all inspectors. 35. If the building is used for high piled /rack storage, the building construction and fire sprinkler system must meet NFPA 231C and Article 81 of the 1991 Uniform Fire Code. 36. Install a supervised waterflow fire alarm-system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standards 72. 37. Install a manual pull smoke detection and voice evacuation fire alarm system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standards 72. 38. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning and Engineering Departments office for submittal requirements. 39. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. CONAPRVL.116 11 V Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 40. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. 41. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A IOBC in rating. Contact a certified extinguisher company for proper placement of equipment. 42. Install Knox Lock Boxes, Model 4400, 3200, or 1300, mounted per recommended standard of the Know Company. Plans must be submitted to the Fire Department for approval of mounting location /opposition and operating standards. Special forms are available from this office for the ordering of the Key Lock Boxes. This form must be authorized and signed by this office for the correctly coded system to be purchased. 43. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 44. 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. 45. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning and Engineering staff at (619)863 -8886. ENGINEERING DEPARTMENT: 46.** The applicant shall dedicate public street right -of -way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans if any, and as required by the City Engineer, as follows: A. Washington Street: Major Arterial, 60 -foot half width; the Washington Street Specific Plan applies; B. Calle Tampico: Primary Arterial, 50 -foot half width; the Calle Tampico Specific Alignment applies. The applicant shall execute right -of -way conveyance documents and return them to the City within 30 days after they are furnished to the applicant by the City. The applicant shall dedicate any easements necessary for placement of and access to, utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. The applicant shall acquire an easement for the portion of the north Washington Street access drive encroaching to the north of the property subject to this plot plan. CONAPRVL.116 12 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 The design of the tract shall not cause any change in flood boundaries, levels or frequencies in any area outside the tract. 47. The applicant shall vacate vehicle access rights to Calle Tampico and Washington Street from the site except as specifically provided in these Conditions of Approval. Access locations to the site and the character of the turning movements at those locations shall be as follows unless otherwise approved by the City Engineer: A. Washington Street (approximately 440 feet north of Calle Tampico centerline), the driveway shall be 30 feet wide with the turning movements limited to right turn -in and out only. B. + +. Washington Street (750 feet north of Calle Tampico centerline), the driveway . shall be 54- feet - (lanes) S2 feet (14'42'42'44' lanes) wide with no restrictions placed on the turning movements. This drive will function as a shared - access with the property to the north. The applicant shall redesign the interior street intersection for safe movement of traffic from both properties as well as Washington Street. The design presented for approval of the City Engineer should have the previous approval of the property owner to the north. C. • The Calle Tampico driveway, across from the Civic Center driveway, shall have no restrictions on turning movements. Specific design and width of the driveway shall be reviewed and approved by the City Engineer. D. • Calle Tampico (the west edge ef the dfiyeway shall be fiye feet east of the wes site beundaf:y) (centered approximately 45' east of the east property boundary), the driveway shall be 30 35 feet wide with turning movements limited to right turn-in and out only. 49. The applicant shall provide a fully improved landscaped setback lot of noted width adjacent to the following street right -of- way(s): A. Calle Tampico, 20 feet wide; B. Washington Street; 20 feet wide. 50. The applicant shall form a merchant's association and obligate the association with the fiscal and operational maintenance responsibility for the maintenance and continued upkeep of the landscape setback lot and parkway area adjacent to the roadway along the segments of Calle Tampico and Washington Street that are contiguous to the site boundary. As an alternative, the applicant may choose to maintain the above areas. CONAPRVL.116 13 ., Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 Landscape and irrigation plans for landscaped lots, common retention basins and park facilities shalt be prepared by a licensed landscape architect. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor - mounted equipment. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above - ground utility structures. Landscape and irrigation plans shall meet the requirements of and be signed by the Planning Director, the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 52. • The applicant shall construct, or enter into an agreement to construct the site grading, off -site public improvements, and on -site common area improvements before the issuance of a site grading permit. The appliemt shall pay eash, r,espensibility that must be deferfed until the full eefnpleHient ef funding is as,ftilft by the applieffi9t and City Efigineef, preN,ided seewity fef said future Pest by the apphea 53. The on -site grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to issuance of the grading permit. 54. ** The applicant shall retain a California registered civil engineer or geotechnical engineer, or surveyor, as appropriate, or designate one who is on the applicant's staff, to exercise sufficient supervision and quality control during grading of the site and construction of the improvements to insure compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the applicant and charged with the compliance responsibility shall make the following certifications upon completion of construction: A. All grading and improvements were properly monitored by qualified personnel during construction for compliance with the plans, specifications, applicable codes, and ordinances and thereby certify the grading to be in full compliance with those documents. B. The finished building pad elevations conform. with the approved grading plans. 55...+ The applicant shall design and construct a storm drainage system to the satisfaction of the City Engineer. If the applicant elects to participate in a regional storm drainage system, the applicant shall pay a fair -share cost of the regional system as determined by the City. If the regional system is not yet available when this parcel develops, the CONAPRVL.116 14 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 applicant shall design and construct interim facilities capable of storing or carrying the flows determined through the study required in Condition #56 herein. If the applicant elects or is required to utilize permanent on -site facilities, those facilities shall comply with the following requirements. Storm water run -off produced in 24 -hours by a 100 year storm, shall be retained on -site in landscaped retention basin(s) designed for a maximum water depth not to exceed six feet. The basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless the applicant provides site specific data that indicates otherwise. Other requirements include, but are not limited to, a grassed ground surface with permanent irrigation improvements, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. 56. The applicant shall have a focused master drainage plan prepared by a registered civil engineer to determine what storm water disposal facilities are needed to protect the site from flooding by off -site storm water. If the drainage study recommends the construction of off -site storm water disposal facilities, the applicant shall participate in the cost of the facilities, on a fair share basis. The tributary area to be studied includes all tributary land south of the La Quinta Evacuation Channel, east of Bear Creek Channel and west of Washington Street. 57. If the applicant utilizes a permanent on -site stormwater retention basin, the applicant shall install a trickling sand filter and leach field in the retention basin to percolate nuisance water in conformance with requirements of the City Engineer. The sand filter and leach field shall be sized to percolate 160 gallons per day per 5000 s. f. of landscaping. 58. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with grading plans. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and /or the engineering geologist must certify to the adequacy of the grading plan. A statement shall appear on the final subdivision map that a soils report has been prepared for the tract pursuant to Section 17953 of the Health and Safety Code. 59.** The applicant shall complete improvements to streets fronting the development site. This + +• may include work beyond the site boundaries to provide a finished product that conforms with City standards and practices. The applicant shall construct a left turn pocket in the Calle Tampico median island to allow eastbound traffic to access the main entry drive to this development. CONAPRVL.116 15 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 Prior to issuance of a grading permit, the applicant shall reimburse the City for the City's cost of improvements to the applicant's half of Washington Street and Calle Tampico fronting the site of this development including a 25% share of the traffic signal at Washington and Tampico. This requirement may be supplanted by other arrangements mutually acceptable to the applicant and the City. The following specific street width shall be constructed to conform with the General Plan street type noted therewith: A. OFF -SITE STREETS 1. Washington Street ( Calle Tampico to the northerly boundary of the site) - Install half -width Major Arterial, refer to La Quinta General Plan Figure VII -2. 2. Calle Tampico (Washington Street to the westerly boundary of the site) - Install half -width Primary Arterial (100 feet right -of -way option) refer to La Quinta General Plan Figure VII -2. 60. The applicant shall participate in the cost, noted as follows, of designing and installing traffic signals at the following locations: A. Washington Street at Calle Tampico, 25% cost participation. B. Calle Tampico, approximately 550 feet west of Washington Street, 50% cost participation. C. • Washington Street, approximately 750 feet north of Calle Tampico, 100% initial cost participation fiefth . The applicant may enter a reimbursement agreement with the City for reimbursement of up to 50% of the cost by the property to the north when it develops. 61. + ++ - 62. ** The applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. 63. The applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the Coachella Valley Water District for review and comment with respect to the District's Water Management Program. CONAPRVL.116 16 ' v Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 64, All existing and proposed utilities adjacent to or within the proposed development shall be installed underground. High voltage power lines which the power authority will not accept underground are exempt from this requirement. 65. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by the applicant shall provide certified reports of soil compaction texts for review by the City Engineer. 66. The site shall be graded in a manner that permits storm flow in excess of the retention basin capacity, caused by a storm event greater than the 100 year 24 hour event, to flow out of the tract through a designated emergency overflow outlet and into the historic drainage relief route. Similarly, the tract shall be graded in a manner that anticipates receiving, storm flow from adjoining property at locations that have historically received flow for those occasions when a storm greater than the 100 year 24 hour event occurs. 67. The applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fee amount(s) shall be those which are in effect at the time the work in undertaken and accomplished by the City. 68. The applicant shall design and construct the parking lot in accordance with the La Quinta Municipal Code Off -Street Parking Ordinance. If the pad locations are proposed to be utilized by eating establishments, the Planning Commission during plot plan review, shall consider whether adequate off - street parking exists. If it is determined that additional parking is needed, the Planning Commission may require an unused pad to be converted to off -street parking. 69.** Grading, drainage, street lighting, landscaping and irrigation, park, gate, and perimeter wall plans are not approved for construction until they have been signed by the City Engineer. 70.** The City is contemplating adoption of a quality - assurance program for privately - funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, the applicant shall fully comply with the quality assurance program. If the quality- assurance program has not been adopted, the applicant shall adopt a construction quality- assurance program which meets the approval of the City Engineer. 71. ** The applicant shall employ or retain a California registered civil engineers, geotechnical + + engineers, or surveyor, as appropriate, who will provide, or have his or her agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings and certify compliance of all work with approved plans, specifications, and applicable codes. CONAPRVL.116 17 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 72. ** Upon completion of construction, the applicant shall furnish the City reproducible record ++ drawings of all plans signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," or "As- Built" or "As- Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. PUBLIC UTILITIES (IMPERIAL IRRIGATION DISTRICT): 73. ** The Imperial Irrigation District will need a ten (10) foot Public Utility Easement (PUE) ++ along the entire eastern and southern perimeters of this project, bordering Washington Street and Calle Tampico. The easement can be incorporated into areas designated for landscape or buffer zones. 74.** Other easements will be required to provide electrical service to whatever type of facilities are constructed on the site. The width and location of the easements will be determined upon receipt of final plans for the project. 75.** All existing overhead conductors will be replaced with underground conductors at the developer's expense. They will be located in concrete encased duct banks constructed at the developer's expense. The number and size of these duck banks will be determined by the location of the load centers of the development. 76.** Transformers and distribution switches will be of the padmount variety and range in height above ground from 36 inches to 72 inches. Details of required clearances around these devices will be furnished at a later date. MISCELLANEOUS: 77.•• Prior to issuance of a building permit, the applicant shall provide a recorded easement to allow an emergency access north of the supermarket and pedestrian access west of pad "D" from the adjacent Jascorp project. Should the subject wall required by this project be constructed prior to the residential project, the cost incurred to modify the wall and adjacent planting and /or curbs shall be incurred by the residential project. The applicant shall provide a cold joint in the approximate location of the gate to be provided by the project to the north. CONAPRVL.116 18 DATE: CASE NO: APPLICANT: ATTACHMENT 3 STAFF REPORT PLANNING COMMISSION MEETING MARCH 22, 1994 PLOT PLAN 91 -456, AMENDMENT #2 THE KOENIG COMPANIES (MR. JOHN KOENIG) REQUEST: APPROVAL OF AN AMENDMENT TO A SITE PLAN FOR A COMMERCIAL SHOPPING CENTER CONSISTING OF 85,650 SQUARE FEET ON 9.25 ACRES. LOCATION: NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO ENVIRONMENTAL CONSIDERATIONS: A, NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT WAS APPROVED IN CONJUNCTION WITH THIS APPLICATION DURING THE ORIGINAL APPROVAL IN. 1991. NO SIGNIFICANT CHANGES ARE PROPOSED THAT WOULD INCREASE IMPACTS. THEREFORE, NO ADDITIONAL ENVIRONMENTAL REVIEW IS DEEMED NECESSARY. ZONING: C -P SURROUNDING ZONING/ LAND USE: NORTH: SOUTH: EAST: WEST: BACKGROUND: C -P, R -1 AND R -2 *8,000 /VACANT R -2 *4,000 /CIVIC CENTER SITE SR SINGLE FAMILY AND VACANT LOTS R -2 *4,000 AND R -3 /SINGLE FAMILY RESIDENCES AND VACANT LAND This project was originally approved in April, 1991. The project approved at that time consisted of a 116,600 square foot shopping center on an 11.8 acre site. The project consisted of a supermarket, drug store, retail shops, and four pad buildings. Additionally, a General Plan Amendment, and Change of Zone allowing commercial usage of the site were also approved by the City Council in April, 1991. In November, 1992, an amendment decreasing the project to 85,650 square feet of floor space on 9.25 acres was approved. Most of the reduction in the shopping center size was due to the elimination of the drug store. Additionally, an 18,000 PCST.170 19 square foot detention basin which was located at the northwest corner of the site was deleted from the site. On January 25, 1994, the Planning Commission granted a one year extension of time extending the approval to November 24, 1994. AMENDMENT REQUEST: The applicant is requesting approval of an amendment to modify the market, shop area #1, and the driveway areas on Calle Tampico. The amendment includes a reduction in the market area from 45,695 square feet to 42,413 square feet and a reduction in the shop area #1 from 6,850 square feet to 6,820 square feet. A future 3,000 square foot addition to shop area #1 has also been eliminated. The total reduction in square foot of the shopping center is 3,312 square feet. The 85,645 square foot (including 3,000 square foot expansion) would be reduced to 79,333 square feet. Previously the two driveways on Calle Tampico had no on -site connection to each other south of shop #1. With the proposed revision, a driveway aisle and parking spaces would link the two driveways. The configuration of the parking lot area at the rear of shop area #1 is also being modified with this amendment. While the square footage of the buildings is being reduced by 3,312 square feet, the number of parking spaces is only being reduced from 491 to 489 parking stalls which complies with Code requirements. Architecturally, the modifications are minor. The same architectural style utilized with the mission clay tile roof, exterior plaster wood trellises and brick column bases is still being maintained. Along the south side of the market and the west side of the shop area #1, trellis' over the parking area will be provided. Setbacks adjacent to property lines are being maintained except for the north side of the market. The previously approved plan provided a 60 -foot setback between the market wall and property line to the north. The revised plan shows a setback of 40 -feet. At the southwest corner of the market, the plan has been revised to provide an enclosed trash area and pallet storage area. This will eliminate the need for outdoor storage which is not permitted. ANALYSIS: In reviewing the proposed amendment, one of staffs concerns is that the setback between the market and the northern property line has been reduced from 60 -feet to 40 -feet. Due to the height of the market ( ±27 -feet) it could create a visual obstruction and nuisance. Presently the property to the north is zoned C -P since it was originally a part of this project. However, the C -P zoned land has been made a part of the recently approved residential Jascorp project. The PCST.170 20 Jascorp project which was recently approved to the north of the subject property abuts this project. There are residential units within ten to 20 -feet of the property line. Staff feels that this necessitates an amendment to Condition #6 regarding providing a block wall along the north property line and additional architectural treatment to the north end of the market. The wall of the market above the block wall will be readily visible from the residents of the adjacent residential project. Additionally, an emergency access point is shown on the Jascorp plans at the northern end of the market along the property line. A pedestrian gate is also shown near the property line adjacent to Pad "D ". Conditions have been included to address these items. Staff has routed this amendment request to various agencies and other City departments. The Engineering Department has recommended several minor changes to the conditions. RECOMMENDATION: By adoption of Minute Motion 94- the amended attached conditions. Attachments: approve Amendment #2 to Plot Plan 91 -456, subject to 2. Previous approved site plan (small scale) PCST.170 21 �' t MOT A MAT iM Acpm its' �.,_..._ Land w so 4mitmof suidno 64"ISIMMM. LWW/Bldp ar. n PWW9 PWd N+ stain PAWO Ratb a» AM h%W'L 40 31a — 5-34 — 9060 IN S S ��N N N ,4_ City Council Minutes 15 December 21, 1993 ---� 12. CONSIDERATION OF MAKING CERTAIN FINDINGS WITH RESPECT TO A CERTAIN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND KOENIG COMPANIES. Mr. Genovese, Ass't. City Manager, advised that the Koenig Companies are proposing to develop an 86,000 sq. ft. neighborhood commercial center at the northwest corner of Washington Street and Calle Tampico. The developer is requesting financial assistance from the Agency of $125,000 for the cost of the construction of three traffic signals that would serve the center and the surrounding area. Should the Agency approve the Owner Participation Agreement, the proposed resolution is necessary for the Council to make certain findings. Approval of the resolution does not constitute approval of the Owner Participation Agreement, but it is a requirement in order to move forward with that consideration. In response to Council Member McCartney, Ms. Honeywell, City Attorney advised that in order for the agreement to be effective, it is necessary to have the resolution of the Agency and of the City. She further advised that the Owner Participation Agreement has a schedule of performance by which the developer has to perform. In response to Council Member Sniff, Ms. Honeywell advised that she believes that construction must be started by April, 1995. Council Member Sniff asked what constitutes the start of construction. Ms. Honeywell advised that it is normally the combination of pulling a building permit and starting to move dirt around on the site. Council Member Sniff felt that it is important to have a set time and that its implementation be meaningful because the City has done this in the past and nothing happened. Ms. Honeywell advised that there is also a requirement in the schedule of performance that the construction be completed by a certain time. In response to Mayor Pena, Mr. Koenig advised that he anticipates beginning construction about the middle of April, 1994. RESOLUTION NO. 93 -103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA MAKING CERTAIN FINDINGS WITH RESPECT TO A CERTAIN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND KOENIG COMPANIES. I ". rA City Council Minutes 16 December 21, 1993 It was moved by Council Members Bangerter /Sniff that Resolution No. 93 -103 be adopted as submitted. Motion carried unanimously. 13. CONSIDERATION OF RESOLUTION CONSENTING TO THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE DESERT SANDS UNIFIED SCHOOL DISTRICT AND MAKING CERTAIN FINDINGS. Mr. Genovese, Ass't City Manager, requested that this item be continued until the evening session after Closed Session. MOTION - It was moved by Council Members Sniff /McCartney that this 'item be continued until later this evening after the Closed Session. Motion carried unanimously. MINUTE ORDER NO. 93 -266. 14. SECOND READING OF ORDINANCE ORDINANCE NO. 239 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 91- 066 AND CONFIRMING THE ENVIRONMENTAL DETERMINATION. CASE NO. CZ 91 -066 - LA QUINTA VILLAGE (JASCORP). It was moved by Council Members Bangerter /McCartney that Ordinance No. 239 be adopted on second reading. Passed by the following vote: AYES: Council Members Bangerter, McCartney, Mayor Pena NOES: Council Members Perkins, Sniff ABSTAIN: None ABSENT: None i t mow'` 440 MEETING DATE: DECEMBER 1, 1992 CONSIDERATION OF A REPORT OF PLANNING COMMISSION ACTION FOR PLOT PLAN 91 -456, . AMENDMENT #1 REDUCING THE SIZE OF A PROJECT FROM 116,600 SQ. FT. TO 85,650 SQ. FT. ON 9.25 ACRES REDUCED FROM 11.8 ACRES. APPLICANT: THE KOENIG COMPANIES BACKGROUND: AGENDA CATEGORY: PUBLIC HEARING BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: The Applicant has filed an amendment to reduce the size of the project from that originally approved in April, 1991. The drug store and some retail shop area has been deleted from the project site along with 2.56 acres of land area. The Planning Commission reviewed this request at their meeting of November 24, 1992, and approved it subject to conditions, including one amendment presented by the Engineer at the meeting. FISCAL IMPLICATIONS: None APPROVED BY: RECONUvfENDATION: By Minute Motion 92- , accept the Planning Commission report of action for Plot Plan 91456. Submitted by: ccsis Approved for submission to City Council: TOM GENOVESE, CITY MANAGER �Y( � 1 � I C COUNCIL ACTION SUMMARY 1. By Minute Motion 92- accept the Planning Commission report of action for Plot Plan 91 -456. SUPPORTING DOCUMENTATION ATTACHED a Ionia MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THE PLANNING & DEVELOPMENT DEPARTMENT DATE: DECEMBER 1, 1992 CASE NO: PLOT PLAN 91 -456, AMENDMENT #1 APPLICANT: THE KOENIG COMPANIES REQUEST: APPROVAL OF AN AMENDMENT TO ALLOW THE REDUCTION OF THE SIZE OF A SHOPPING CENTER PROJECT FROM 116,600 SQ. FT. TO 85,650 SQ. FT. ON 9.5 ACRES REDUCED FROM 11.8 ACRES. LOCATION: NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO CONSIDERATIONS: A NEGATIVE DECLARATION WITH MITIGATION MEASURES WAS ADOPTED IN CONJUNCTION WITH THIS APPLICATION DURING THE ORIGINAL APPROVAL IN 1991. NO CHANGES WHICH WOULD INCREASE IMPACTS ARE PROPOSED. THE REDUCTION IN THE SIZE OF THE PROJECT WILL REDUCE THE IMPACTS THAT MAY BE EXPECTED. THEREFORE, NO ADDITIONAL ENVIRONMENTAL CONSIDERATION IS DEEMED NECESSARY. MEMOSS.109 1 BACKGROUND: This project was originally approved in April, 1991, as a 116,600 square foot shopping center. At that time the project consisted of a supermarket, drug store, attached shop buildings, four pad buildings, and a detention basin for drainage purposes. This center was to built on 11.8 acres of land area at the northwest corner of Calle Tampico and Washington Street, immediately north of the new City Hall. In April, 1992, the Planning Commission granted approval of a one year time extension in order to allow additional time for the project to begin. The Applicant has submitted this amendment in order to allow a scaled back project. REVISED SUBMITTAL: The amendment request proposes to delete 2.56 acres of the site from the project. This area is located adjacent to the northwest corner of the site. In conjunction with the reduction of the site area, the square footage of the project has been reduced by approximately 31,000 square feet of floor space. Most of this reduction comes from the elimination of the previously approved drug store site. The 18,000 square foot detention basin which was previously located at the northwest corner of the site has been deleted from the project. SITE DESIGN: The 2.56 acres of land at the northwest corner of the site deleted from the project area is presently zoned C -P (General Commercial) and limited to commercial use unless rezoned. The site plan has been slightly modified from the original approval, however the major concept is the same. The market and shop buildings are to the west and north part of the site with three pad buildings located along Washington Street and one along Calle Tampico. Access is similar to that originally provided with two driveways to each street. The northerly driveway on Washington Street would be a shared driveway with the property to the north when it develops. At the time of the original approval, a senior citizens type of housing project was being discussed for the northerly property. However that project has been tabled and no further development has been proposed for this site. This access point would be a signalized full turn movement. On Calle Tampico the main access into the shopping center would align with the driveway into City Hall and be signalized. A conceptual landscaping plan has been submitted for the site and indicates heavy use of trees for screening along the north and west side of the property and Date Palms within the major central portion of the parking lot area. Some additional design revisions are necessary for the 50% shading requirement for the parking lot area to be met. MEMOSS.109 ARCHITECTURAL DESIGN: The architectural design of the project is identical to that previously approved. The project will be Spanish in nature and utilize cement plaster, tile accents, wood trellises and a multi- colored mission clay tile roof. A Spanish tower structure is shown on the south facing side of shop #2 which is north and east of the . supermarket. At this time, the Applicant has submitted architectural elevations for the market, shop building #l, shop building #2, and pad #C. The last three pad areas will be subject to further plot plan review. DESIGN REVIEW BOARD ACTION: The Design Review Board reviewed this item at their meeting of November 4, 1992. The Board discussed additional architectural treatment on the west side of shop #1 and parking lot shading. These items have been addressed as conditions of approval. COMPLETE PROJECT DESCRIPTION: The City Council report provides a summary of the project. A complete description of the project and analysis is contained in the attached Planning Commission Staff report for the meeting of November 24, 1992. Planned exhibits of the previously approved and present project are also attached. PLANNING COMMISSION ACTION: The Planning Commission considered this request at their meeting of November 24, 1992. After some discussion, the Planning Commission approved this request, subject to conditions which are attached. The Engineering Department did request a minor change to Condition #49.b. which the Planning Commission approved. , CITY COUNCIL RECOMMENDATION: By Minute Motion 92 -_ accept the Planning Commission report of action, approving Plot Plan 91 -456, Amendment #1. Attachments: 1. Location map. 2. Planning Commission Staff report dated November 24, 1992. 3. Plan exhibits. 4. Conditions of Approval for Plot Plan 91 -456, Amendment #1. MEMOSS.109 PH tt5 STAFF REPORT PLANNING COMMISSION MEETING DATE: NOVEMBER 24, 1992 CASE NO: PLOT PLAN 91 -456, AMENDMENT #1 APPLICANT: THE KOENIG COMPANIES REQUEST: APPROVAL OF AN AMENDMENT TO ALLOW THE REDUCTION OF THE SIZE OF THE PROJECT FROM 116,600 SQUARE FEET TO 85,650 SQUARE FEET ON 9.25 ACRES REDUCED FROM 11.8 ACRES. LOCATION: ENVIRONMENTAL CONSIDERATIONS: BACKGROUND: NORTHWEST CORNER OF WASHINGTON STREET AND CALLS TAMPICO A NEGATIVE DECLARATION WAS APPROVED IN CONJUNCTION WITH THIS APPLICATION DURING THE ORIGINAL APPROVAL IN 1991. NO CHANGES WHICH WOULD INCREASE IMPACTS ARE PROPOSED. THE REDUCTION IN THE SIZE OF THE PROJECT WILL REDUCE THE IMPACTS THAT MAY BE EXPECTED. THEREFORE, NO ADDITIONAL ENVIRONMENTAL CONSIDERATION IS DEEMED NECESSARY. This project was originally approved in April, 1991. The project approved at that time consisted of a 116,600 square foot shopping center on an 11.8 acre site. The approved project consisted of a supermarket, drug store, retail shops, and four pad buildings. In addition, to the plot plan application, a general plan amendment and change of zone allowing commercial usage were also approved by the City Council in April, 1991, to permit the project. REVISED SUBMITTAL: The amendment request proposes to delete 2.56 acres of the site from the project. This area is located adjacent to the northwest corner of the site. In conjunction with the reduction of the site area, the square footage of the project has been reduced by approximately 31,000 square feet of floor space. Most of this reduction comes from the elimination of the previously approved PCST.088 1 00 1 drug store site. The 18,000 square foot detention basin which was previously located at the northwest corner of the site has been deleted from the project. DESCRIPTION OF SITE: The project site still contains approximately 700 feet of frontage along Calle Tampico and Washington Street. The property is presently vacant and void of any significant vegetation. Power poles run along Calle Tampico and transverse the site from north to south. The property is made up of one parcel and a portion of the second parcel. The site is relatively flat. STATISTICAL DATA: Land Area: 9.25 acres Building Area: 85,645 square feet (future expansion included) Land/Building �Ratio: 3.7/1 Parking Provided: 491 stalls Parking Required: 313 stalls (all retail) Parking Ratio: 5.73 per 1000 square feet of floor area SITE DESIGN: The market structure has been relocated from the northwest corner of the site to the west end of the site fairly close to Calle Tampico. Shop buildings have been provided to the south and attached to the market and to the northeast of the market in a detached building. Four pad structures are proposed. Three along Washington Street and one adjacent to Calle Tampico. These structures are fairly close to the previously approved locations. The four pad buildings vary in size from 4,500 square feet to a maximum of 5,600 square feet. Adjacent to the 4,500 square foot pad is a small area shown which could be utilized for outdoor eating. Parking is provided in the center of the site, adjacent to the streets, and around the backside of the market structure to the north. CIRCULATION /PARKING: Access is still provided from two driveways on each street. The northerly driveway on Washington Street would be a shared drive with the property to the north when it develops. At the time of the original approval, a senior citizens type of housing project was being discussed for the northerly property. However, that project has been tabled and no further development has been proposed for that site. This access would be a full turn movement and would be PCST.088 002 signalized. The second access on Washington Street has been shown somewhat north of the original location. The revised location would be approximately 370 feet north of the Calle Tampico and Washington Street intersection. This access would be a right turn in /out only. On Calle Tampico, there would be a full turn movement driveway located near the center of the site. This driveway will align with the driveway into City Hall and will be signalized. The second access would be adjacent to the westerly property line and primarily provide access to the rear of the market and a small parking area behind the market and shop #1. This driveway will be a right turn in and out only. The majority of the parking within the center of the property has been designed to be angled and one way. The Applicant has provided adequate parking to meet our present parking requirements assuming the supermarket and other areas will be utilized for retail purposes. If some uses requiring additional parking are proposed, it appears that adequate parking will be available. LANDSCAPING /SCREENING: The Applicant has submitted a conceptual landscaping plan for this project. A new feature which has been incorporated is a "reflection pond" at the intersection of Washington Street and Calle Tampico. The Applicant has verbally indicated that some type of public art piece would be provided in the area of this reflection pond. The Applicant has provided a minimum 20 foot landscape setback adjacent to both streets as required. The setback adjacent to the buildings as shown on the plans further increases the setback adjacent to the street. Screen walls are shown adjacent to the parking lot areas to provide the required screening. Generally speaking, Date Palms are utilized to line the entries to the project. These are interspersed with canopy type trees. This theme would be continued around the perimeter of the site. The Applicant indicates that along the north side of the market and shop #2 and along the west side of the market, solid tree _ screens will be provided to screen the project from adjacent properties. It should be noted that these adjacent properties to the west and to the north beyond the original project site are zoned residentially. The 2.56 acres eliminated from the project site is zoned C -P. Within the main center portion of the parking lot, the Applicant indicates the use of 35 -foot high Date Palms. Staff would note that our Parking Ordinance requires that 50% of the parking lot be shaded within 15 years of planting. As presently shown, Staff feels that this shading requirement would not be complied with. Further study and possibly some revision will be necessary to comply with this requirement. The landscaping plan indicates decorative paving will be utilized at each of the driveway entries to accent and delineate the driveway locations. PCST.088 3 003 ;ant shows heavy plantings of trees along the north and west property lines ror screening. i ne Municipal Code requires a six foot masonry wall between commercial and residential properties. Along the west side, adjacent to the market, a wall would be required. As previously mentioned, adjacent to the 2.56 acres which has been deleted from the project, the area is presently zoned commercial. However, it appears that the only practical future use of this commercially zoned property would be an expansion of this shopping center in the future. It is conceivable that this property could be rezoned for residential use. If it is rezoned, then Staff feels that the masonry wall needs to be provided adjacent to this area along the north along the perimeter of the revised commercial site. The wall should be provided at this time unless specific plans for expansion are provided. An alternative would be to provide a bond for this wall, with the wall to be installed if the property is rezoned to residential and not used for commercial purposes. ARCHITECTURAL DESIGN: The architectural design is identical to that previously approved. The project will be Spanish in nature and utilize exterior cement plaster, tile accents, wood trellis, and a multi -color mission clay tile roof. A maximum 50 -foot high Spanish tower structure is shown on the south facing side of shop #2. For the most part, the west and north elevations of the market and the north and west elevations of shop #2 are plain stucco walls. There is some scoring or pop -outs indicated. However, the Applicant's intention is to provide the heavy landscape screen at the property line to screen view of this area. The architecture of this shopping center is very similar to that of the Village at Indian Wells located at the corner of Cook Street and Highway 111. This shopping center was also built by the Applicant several years ago. No indication of the architecture of the pad buildings has been submitted at this timer It will be necessary for the Applicant to submit plot plan applications for those pad buildings when construction is proposed. DESIGN REVIEW BOARD: The Design Review Board reviewed this item at their meeting of November 4, 1992. There was discussion regarding Staffs recommended Conditions of Approval. The majority of the discussion pertained to additional architectural treatment on the west side of shop #1 and parking lot shading. The Design Review Board recommended approval of the project subject to conditions recommended by Staff. They did amend three of the conditions. Those Conditions of Approval are noted in the draft resolution and deal with additional architectural treatment to- the west of shop #1, the stucco finish, and parking lot tree shading. ANALYSIS: The overall concept of the revised plan is acceptable. There are a number of items Staff feels should be noted as follows: PCST.088 4 004 I 1. At this time there is excess parking based on all retail uses. As other types of uses are proposed, it will be necessary to re- evaluate the amount of parking available. 2. Because of the existing residential zoning to the north (beyond the deleted area) and west of the project site, the back areas of the project will need to be well designed to minimize adverse conditions (i.e., loading areas, trash areas, delivery traffic, etc.). This necessitates screening of the loading areas, limitations on delivery times, heavy landscaping and shielding of exterior light sources. 3. The Off -Street Parking section of the Code requires shopping cart parking lot storage areas. This submitted plan does not indicate these at this time. These will need to be provided by Code in a manner which does not interfere with the off - street parking areas. 4. The proposed public art will need to be reviewed and approved as required by Ordinance. 5. The 2.56 acres which has been deleted from the project is presently zoned C -P (general commercial). As it is provided, this area does not lend itself to a separate commercial project. It is located away from the street and does not have direct access to a street. If this site is not used for future expansion of this shopping center, Staff feels that it should be rezoned to residential. 6. Presently the northern portion of this property is part of a larger parcel which continues to the north to the La Quinta Evacuation Channel. A parcel map will need to be submitted and approved at some time in the near future prior to development of this project. RECOMMENDATION: Staff recommends that Planning Commission approve Amendment #1 to Plot Plan 91 -456, subject to the attached conditions. Attachments: 1. Location map 2. Plan exhibits 3. Comments from various City Departments and agencies. 4. Copy of draft Design Review Board Minutes for November 4, 1992. 5. Draft Conditions of Approval PCST.088 5 0OU CONDITIONS OF APPROVAL - FINAL PLOT PLAN 91 -456 - AMENDMENT #1 NOVEMBER 24, 1992, * Amended by Planning Commission 4 -28 -92 ** Amendment #1 + Amended by City Council 12 -1 -92 .GENERAL 1. The development of the property shall be generally be in conformance with the exhibits contained in the file for PP 91 -456, Amendment #1, unless amended otherwise by the following conditions. 2. The approved plot plan shall be used within one year of the final approval date (November 24, 1993k 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 until completion. A one year time extension may be requested as permitted by Municipal Code. 3. There shall be no outdoor storage or sales displays without specific approval of the Planning Commission. * *4. All exterior lighting shall be shielded and directed so as not to shine directly on surrounding adjoining properties or public rights -of -way. Alternative parking lot lighting plans utilizing light pole standards varying in height from 20 feet to 35 feet shall be submitted to the Planning Director for review and approval prior to issuance of a building permit. Light standard type and height with recessed light source shall also be reviewed and approved by the Planning Director. Exterior lighting shall comply with Outdoor Light Control Ordinance and off - street parldng requirements. * *5. Adequate trash enclosures shall be provided for all structures and provided with opaque metal doors. Plans for trash enclosures to be reviewed and approved by the Planning Director prior to issuance of a building permit. Applicant shall contact local waste management company to insure that enclosure size is adequate. Should recycling be required, recycling bins with enclosure shall be provided to the satisfaction of the Planning and Development Director. * *6. Six foot high decorative masonry wall shall be provided adjacent to north and west property lines except within ten feet of street right -of -way line where wall shall be reduced in height to 30 inches. Adjacent to 2.56 acre "not a part" area Applicant may bond to insure installation of wall. Wall to be installed if and when "not a part" area is CONAPRVL.009 1 '. f - - J Conditions of Approval PP 91 -456, Amendment 11 November 24, 1992 rezoned to non - commercial zone. If used for expansion of center wall shall be installed on west and north boundary of "not a part" area. Temporary fencing or screening may be required by the Planning and Development Director if wall is bonded for. 7. Handicapped parking spaces and facilities shall be provided per Municipal Code and State requirements. 8. As required by the General Plan, Applicant shall provide noise study by qualified engineer to determine impacts on surrounding residential zones and uses. Noise study shall suggest mitigation measures which City can require. 9. - Screen wall height adjacent to loading docks shall be determined by required Noise Study. Should noise problems from use of loading areas arise, Planning Commission shall retain the right to limit the hours of loading and unloading. Surrounding property owners and residents which could be affected by noise shall be notified of Planning Commission consideration of limitations on delivery hours. 10. The project shall comply with all existing off street parking requirements including but not limited to shading of parking lot areas, shopping cart storage, and bicycle parking spaces. * *11. Decorative screen walls provided adjacent to street shall be high enough to screen parking lot surface and majority of parked cars from view of street. Determination, location, design, and of height of walls shall be made after review of landscaping and grading plans by City. 12. Landscaping planters along the north and west property lines shall be provided at maximum width possible with all unusable areas adjacent to property lines provided in landscaping. 13. The project shall comply with applicable Arts in Public Places Ordinance. 14. Meandering six foot wide sidewalk shall be provided on Calle Tampico. On Washington Street the sidewalk shall be a meandering 8 foot sidewalk with sidewalk not touching curb at any point except at driveways and intersection of Washington Street and Calle Tampico. * *15. Tower structures shall be a maximum 50 foot height from finish grade. 17. Prior to issuance of grading or building permits whichever occurs first, a parcel map or lot line adjustment shall be approved and recorded to separate subject property from CONAPRVL.009 2 v Conditions of Approval PP 91 -456, Amendment 11 November 24, 1992 properties to the north. 18. The City shall retain a qualified archaeologist, with the Developer to pay costs, to prepare a mitigation and monitoring plan for artifact location and recovery. Prior to archaeological studies for this site as well as other unrecorded information, shall be analyzed prior to the preparation of the plan. 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: 1) identify the means for digging test pits; 2) allow sharing the information with the CVAS; and 3) provide for further testing if the preliminary result 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 the 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 on 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 areas 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. * *19. Prior to issuance of a building permit for construction of any building or use contemplated by this use, the Applicant shall obtain permits or clearances from the following agencies: CONAPRVL.009 3 Conditions of Approval PP 91 -456, Amendment 11 November 24, 1992 o City Fire Marshal o City of La Quinta Public Works Department o City of La Quinta Planning & Development Department o Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District o California Regional Water Quality Control Board (NPDES Permit) Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building Department at the time of application for a building permit for the proposed project. 20. Provisions shall be made to comply with the terms and requirements of the City adopted infrastructure fee program in affect at the time of issuance of building permits. 21. Final landscaping plans shall include approval stamps and signatures from the Riverside County Agricultural Commissioners office and Coachella Valley Water District. 22. Bus turnout and bus waiting shelter shall be provided as requested by Sunline Transit when street improvements are installed. 23. Prior to issuance of any grading permits, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire site which shall be for the purpose of wind and erosion and dust control. The land owner shall institute blow sand and dust control measures during grading and site development. These shall include but not be limited to: a.) use of irrigation during construction and grading activities; b.) areas not constructed on during first phase shall be planted in temporary ground cover or wildflowers and provided with temporary irrigation system; and c.) provision of wind breaks or wind rolls, fencing, and or landscaping to reduce the effects upon adjacent properties and property owners. The landowner shall comply with requirements of the Directors of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily while being used to prevent emission of dust and blow sand. * *24. Construction shall comply with all local and State Building Code requirements in effect . at time of issuance of building permit as determined by the Building Official. 25. Prior to issuance of a grading permit, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval which must be satisfied prior to issuance of a building permit. CONAPRVL.009 4 Conditions of Approval PP 91 -456, Amendment 11 November 24, 1992 Prior to a final building inspection approval, the Applicant shall prepare and submit a written report demonstrating compliance with all remaining conditions of approval and mitigation measures. The Planning and Development Director may require inspection or other monitoring to assure such compliance. 26. If shopping carts are stored outside,. they shall be screened from view of the parking lot in a manner which is approved by the Planning and Development Director. 27. A parking lot striping plan including directional arrows, stop signs, no parking areas, and parking spaces shall be approved by Planning and Development and Engineering Departments prior to issuance of a building permit. All roof equipment shall be screened from view by parapet walls of building or other architecturally matching materials. Construction of pad buildings shall be subject to approval of a non - public hearing plot plan and approval by the Planning Commission. 28. All compact spaces shall be clearly marked "compact cars only ". 29. That all conditions of the Design Review Board shall be complied with as follows: A. A detailed complete sign program shall be approved by the Design Review Board prior to completion of the construction of the shopping center. The sign program shall include any identification signs for the shopping center. B. The architecture, materials, and colors of the pad buildings shall be architecturally compatible, (i.e., identical architecture, materials, and colors) with the main shopping center buildings. C. Cement plaster texture used on the buildings shall be of a decorative nature. D.. Additional architectural treatment including a tile roof shall be provided around_ the west side of shop #1. Revisions shall be approved by the Design Review Board prior to issuance of a building permit. E. Between the street curbs and meandering sidewalks, no lawn shall be used within 5 -feet of the street curb. Irrigation systems between the curb and sidewalk or lawn shall be bubbler or emitter type (no spaghetti tubing). F. The landscaping shall comply with the requirements as indicated in the Off -Street Parking Requirements. This includes the requirement for 50% shading of the parking lot area. CONAPRVL.009 5 Conditions of Approval PP 91 -456, Amendment 11 November 24, 1992 G. The Off - Street Parking Requirements also require established shopping cart return areas. These will have to be provided on the site. H. A preliminary landscaping plan indicating specific tree, shrub, and ground cover (including sizes) shall be reviewed and approved by the Design Review Board prior to preparation of final landscaping plans. Landscaping to be water efficient and utilize drip or emitter irrigation (no spaghetti tubing) as much as possible. Along the south or front side of shop #2, planting areas shall be provided. I. Landscaping adjacent to the northern and western property lines shall be heavily planted to provide screening and buffering with the adjacent residentially zoned properties. J. Additional tree wells and canopy trees shall be provided in the following areas: 1. In the 8- parking space area west of shop ail. 2. In the two 14 -space parking areas between pads "B" & "C". 3. In the 12- parking space area between pads "C" & "D ". K. Planting, mounding, and walls shall be provided in such a manner to provide screening of parking lot area from perimeter streets. L. Decorative driveway pattern and colors shall be approved within final working plans. CITY FIRE MARSHAL 30. The water mains shall be capable of providing a fire flow of 5000 gpm and an actual fire flow available from any two adjacent hydrants shall be 2500 gpm for two hours duration at 20 psi. * *31. A combination of on -site and off -site Super fire hydrants, on a looped system (6" X 4" X 2- 1/2 "), 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. 32. Prior to issuance of building permit Applicant/Developer shall furnish one blueline copy of the water system plans to the Fire Department for review /approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed /approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." CONAPRVL.009 6 Conditions of Approval PP 91 -456, Amendment 11 November 24, 1992 * *33. The required water system including fire hydrants shall be installed and accepted by the Coachella Valley Water District prior to the start of construction. 34. Buildings shall be constructed so that the fire flow required for any individual building or unseparated area does not exceed 3500 gpm. 35. 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. The approved plans, with the Fire Department job card must be at the job site for all inspectors. 36. If the building is used for high piled /rack storage, the building construction and fire sprinkler system must meet NFPA 231C and Article 81 of the 1991 Uniform Fire Code. 37. Install a supervised waterlow fire alarm system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standard 71. 38. Install a manual pull, smoke detection and voice evacuation fire alarm system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standards 72. 39. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning and Engineering office for submittal requirements. u 40. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. 41. Prior to final inspection of any building, the Applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. 42. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2AlOBC in rating. Contact certified extinguisher company for proper placement of equipment. 43. Install Knox Lock Boxes, Model 4400, 3200, or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location /opposition and operating standards. Special forms are available from this office for the ordering of the Key Lock Boxes. This form must be authorized and signed by this office for the correctly coded system to be purchased. CONAPRVL.009 7 Conditions of Approval PP 91 -456, Amendment 11 November 24, 1992 44. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 45. 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. 46. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning and Engineering Staff at (619) 863 -8886. ENGINEERING DEPARTMENT: * *47. The Applicant shall dedicate public street right -of -way and utility easements in conformance with the City's General Plan, Municipal Code, applicable Specific Plans if any, and as required by the City Engineer, as follows: A. Washington Street - Major Arterial, 60 foot half width; the Washington Street Specific Plan applies; B. Calle Tampico - Primary Arterial, 50 foot half width; the Calle Tampico Specific Alignment applies; Applicant shall execute right -of -way conveyance documents and return them to the City within 30 days after they are furnished to the Applicant by the City. The Applicant shall dedicte any easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. The Applicant shall acquire an easement for the portion of the north Washignton Street access drive encroaching to the north of the property subject to this plot plan. The design of the tract shall not cause any change in flood boundaries, levels or frequencies in any area outside the tract. 48. The Applicant shall vacate vehicle access rights to Calle Tampico and Washington Street from the site except as specifically provided in these Conditions of Approval. * *49. Access locations to the site and the character of the turning movements at those locations + shall be as follows unless otherwise approved by the City Engineer: , A. Washington Street (approximately 440 feet north of Calle Tampico centerline), the driveway shall be 30 feet wide with the turning movements limited to right turn in and out only. CONAPRVL.009 8 F fr Conditions of Approval PP 91 -456, Amendment 11 November 24, 1992 B. Washington Street (750 feet north of the Calle Tampico centerline), the driveway shall be 42 feet (16'- 12' -14') wide with no restrictions placed on the turning movements. This drive will function as a shared - access with the property to the north. The applicant shall redesign the interior street intersection for safe movement of traffic from both properties as well as Washingotn Street. The design presented for approval of the City Engineer should have the previous approval of the property owner to the north. C. Calle Tampico (the driveway shall align with the Civic Center driveway), the driveway shall be 42 feet (16'- 12' -14') wide with no restrictions placed on the turning movements. D. Calle Tampico (the west edge of the driveway shall be 5 feet east of the west site boundary), the driveway shall be 30 feet wide with turning movements limited to right turn in and out only. 50. The Applicant shall provide a fully improved landscaped setback lot of noted width adjacent to the following street right -of- way(s): A. Calle Tampico, 20 feet wide; B. Washington Street, 20 feet wide. 51. The Applicant shall form a merchant's association and obligate the association with the fiscal and operational maintenance responsibility for the maintenance and continued upkeep of the landscape setback lot and parkway area adjacent to the roadway along the segments of Calle Tampico and Washington Street that are contiguous to the site boundary. As an alternative, the Applicant may choose to maintain the above areas. * *52. Landscape and irrigation plans for landscaped lots, common retention basins and park facilities shall be prepared by a licensed landscape architect. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor - mounted equipment. The Applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above- ground utility structures. Landscape and irrigation plans shall meet the requirements of and be signed by the Planning Director, the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. CONAPRVL.009 9 r - Conditions of Approval PP 91 -456, Amendment 11 November 24, 1992 53. Applicant shall construct, or enter into agreement to construct, the site grading, off -site public improvements and on -site common area improvements before the issuance of a site grading permit. Applicant shall pay cash, in lieu of and equivalent to the respective construction cost, for those improvements which involve fair -share responsibility that must be deferred until the full complement of funding is available. Payment of cash in lieu of construction may be deferred to a future date mutually agreed by the Applicant and City Engineer, provided security for said future payment is posted by Applicant. 54. The on -site grading plan shall be prepared by a register civil engineer and approved by the City Engineer prior to issuance of the grading permit. * *55. The Applicant shall retain a California registered civil engineer or geotechnical engineer, or surveyor, as appropriate, or designate one who is on the Applicant's staff, to exercise sufficient supervision and quality control during grading of the site and construction of the improvements to insure compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the Applicant and charged with the compliance responsibility shall make the following certifications upon completion of construction: A. All grading and improvements were properly monitored by qualified personnel during construction for compliance with the plans, specifications, applicable codes, and ordinances and thereby certify the grading to be in full compliance with those documents. B. The finished building pad elevations conform with the approved grading plans. * *56. The Applicant shall design and construct a storm drainage system to the satisfaction of + the City Engineer. If the Applicant elects to participate in a regional storm drainage system, the Applicant shall pay a fair -share cost of the regional system as determined by the City. If the regional system is not yet available when this parcel develops, Applicant shall design and construct interim facilities capable of storing or carrying the flows determined through the study required in Condition No. 57 herein. If the Applicant elects or is required to utilize permanent on -site facilities, those facilities shall comply with the following requirements. Storm water run -off produced in 24 hours by a 100 year storm shall be retained on site in landscaped retention basin(s) designed for a maximum water depth not to exceed six feet. The basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless the Applicant provides site - specific data that indicates otherwise. Other requirements include, but are not limited to, a grassed ground surface with permanent irrigation improvements, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. CONAPRVL.009 10 Conditions of Approval PP 91 -456, Amendment 11 November 24, 1992 57. The Applicant shall have a focused master drainage plan prepared by a registered civil engineer to determine what storm water disposal facilities are needed to protect the site from flooding by off site storm water. If the drainage study recommends the construction of off site storm water disposal facilities, the Applicant shall participate in the cost of the facilities, on a fair share basis. The tributary area to be studies includes all tributary land south of the La Quinta Evacuation Channel, east of the Bear Creek Channel and west of Washington Street. 58. If the Applicant utilizes a permanent on -site stormwater retention basin, the Applicant shall install a trickling sand filter and leach field in the retention basin to percolate nuisance water in conformance with requirements of the City Engineer. The sand filter and leach field shall be sized to percolate 160 gallons per day per 5000 s.f. of landscaping. 59. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with grading plan. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and /or the engineering geologist must certify to the adequacy of the grading plan. A statement shall appear on the final subdivision map that a soils report has been prepared for the tract pursuant to Section 17953 of the Health and Safety Code. * *60. The Applicant shall complete improvements to streets fronting the development site. This may include work beyond the site boundaries to provide a finished product that conforms with City standards and practices. The Applicant shall reimburse the City for the City's cost of improvements to the Applicant's half of Washington Street and Calle Tampico fronting the site of this development. This requirement may be supplanted by other arrangements mutually acceptable to the Applicant and the City. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: A. OFF -SITE STREETS CONAPRVL.009 1. Washington Street ( Calle Tampico to northerly boundary of site) - Install half -width Major Arterial, refer to La Quinta General Plan Figure VII-2. 2. Calle Tampico (Washington Street to westerly boundary of site) - Install half -width Primary Arterial (100 feet right -of -way option) refer to La Quinta General Plan Figure VII -2. 11 Conditions of Approval PP 91 -456, Amendment #1 November 24, 1992 61. The Applicant shall participate in the cost, noted as follows, of designing and installing traffic signals at the following locations: A. Washington Street at Calle Tampico, 25% cost participation. B. Calle Tampico, approximately 550 feet west of Washington Street, 50% cost participation. C. Washington Street, approximately 750 feet north of Calle Tampico, 100% initial cost participation subject to 50% reimbursement when adjacent property to north develops. 62. The Applicant shall construct meandering sidewalk in the parkway and landscaped setback lot along Calle Tampico (6 feet wide) and Washington Street (8 feet wide). * *63. The Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. 64. The Applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the Coachella Valley Water District for review and comment with respect to the District's Water Management Program. 65. All existing and proposed electric power lines with 12,500 volts or less, and are adjacent to the proposed site or on -site, shall be installed in underground facilities. 66. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by the Applicant shall provide certified reports of soil compaction tests for review by the City Engineer. 67. The site shall be graded in a manner that permits storm flow in excess of the retention basin capacity, caused by a storm event greater than the 100 year 24 hour event, to flow out of the tract through a designated emergency overflow outlet and into the historic drainage relief route. Similarly, the tract shall be graded in a manner_ that anticipates receiving storm flow from adjoining property at locations that have historically received flow for those occasions when a storm greater than the 100 year 24 hour event occurs. 68. The Applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fe amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. 69. The Applicant shall design and construct the parking lot in accordance with the La Quinta Municipal Code Off -Street Parking Ordinance. If the pad locations are proposed to be utilized by eating establishments, the Planning Commission during Plot Plan review shall CONAPRVL.009 12 0 Conditions of Approval PP 91 -456, Amendment 11 November 24, 1992 consider whether adequate off - street parking exists. If it is determined that additional parking is needed, the Planning Commission may require an unused pad to be converted to off -street parking. * *70. Grading, drainage, street, lighting, landscaping & irrigation, park, gate, and perimeter wall plans are not approved for construction until they have been signed by the City Engineer. * *71. The City, is contemplating adoption of a quality- assurance program for privately- funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, the Applicant shall fully comply with the quality- assurance program. If the quality- assurance program has not been adopted, the Applicant shall adopt a construction quality - assurance program which meets the approval of the City Engineer. * *72. The Applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have his or her agents provide, sufficient supervision and verification of the construction to be able to furnish and sign as-built drawings and certify compliance of all work with approved plans, specifications and applicable codes. * *73. Upon completion of construction, the Applicant shall furnish the City reproducible as- built drawings of all grading and improvements except water and sewer. Each sheet of the drawings shall have the words "As- Built" or "As- Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the as- built condition. PUBLIC UTILITIES M"ERIAL IRRIGATION DISTRICT): * *74. The Imperial Irrigation District will need a ten (10) foot Public Utility Easement (PUE) along the entire eastern and southern perimeters of this project, bordering Washington Street and Calle Tampico. The easement can be incorporated into areas designated for landscape or buffer zones. * *75. Other easements will be required to provide electrical service to whatever type of facilities are constructed on the site. The width and location of the easements will be determined upon receipt of final plans for the project. * *76. All existing overhead conductors will be replaced with underground conductors at the developer's expense. They will be located in concrete encased duct banks constructed at the developer's expense. The number and size of these duct banks will be determined by the location of the load centers of the development. CONAPRVL.009 13 Conditions of Approval PP 91 -456, Amendment 11 November 24, 1992 * *77. Transformers and distribution switches will be of the padmount variety and range in height above ground from 36 inches to 72 inches. Details of required clearances around these devices will be furnished at a later date. CONAPRVL.009 14 CONDITIONS OF APPROVAL PLOT PLAN 91 -456 - RECOMMENDED APRIL 28, 1992 # Amended by Planning Commission 4 -28 -92 GENERAL 1. The development of the property shall be generally be in conformance with the exhibits contained in the file for PP 91 -456, unless amended otherwise by the following conditions. 2. The approved plot plan shall be used within one year of the final approval date (April 16, 1991) ; 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 until completion. A one year time extension may be requested as permitted by Municipal Code. 3. Approval of this plot plan shall be subject to final approval of General Plan Amendment 91 -035 and Change of Zone 91 -063. 4. There shall be no outdoor storage or sales displays without specific approval of the Planning Commission. 5. All exterior lighting shall be shielded and directed so as not to shine directly on surrounding adjoining properties or public rights -of -way. Alternative parking lot lighting plans utilizing light pole standards varying in height from 20 feet to 35 feet shall be submitted to the Planning Director for review and approval prior to issuance of a building permit. Light standard type with recessed light source shall also be reviewed and approved by the Planning Director. Exterior lighting shall comply with Outdoor Light Control Ordinance and off - street parking requirements. 6. Adequate trash enclosures shall be provided for all structures and provided with opaque metal doors. Plans for trash enclosures to be reviewed and approved by the Planning Director prior to issuance of a building permit. Applicant shall contact local waste management company to insure that enclosure size is adequate. 7. Six foot high decorative masonry wall shall be provided adjacent to north and west property lines except within ten feet of street right -of -way line where wall shall be reduced in height to 30 inches. Decorate enclosure may be required by City around detention basin depending on grading and other screening. 8. Future expansion of Ralph's supermarket shall be subject to Planning Commission approval prior to issuance of a building permit. Parking demand shall be reviewed at that time to insure adequate parking is provided. CONAPRVL.009 Conditions of Approval PP 91 -456 April 28, 1992 9. Handicapped parking spaces and facilities shall be provided per Municipal Code and State requirements. 10. As required by the General Plan, Applicant shall provide noise study by qualified engineer to determine impacts on surrounding residential zones and uses. Noise study shall suggest mitigation measures which City can require. 11. Screen wall height adjacent to loading docks shall be determined by required Noise Study. Should noise problems from use of loading areas arise, Planning Commission shall retain the right to limit the hours of loading and unloading. Surrounding property owners and residents which could be affected by noise shall be notified of Planning Commission consideration of limitations on delivery hours. 12. The project shall comply with all existing off street parking requirements including but not limited to shading of parking lot areas, shopping cart storage, and bicycle parking spaces. 13. Decorative screen walls provided adjacent to street shall be high enough to screen parking lot surface and majority of parked cars from view of street. Determination of height of walls shall be made after review of landscaping and grading plans by City. 14. Landscaping planters along the north and west property lines shall be provided at maximum width possible with all unusable areas adjacent to property lines provided in landscaping. 15. The project shall comply with applicable Arts in Public Places Ordinance. 16. Meandering six foot wide sidewalk shall be provided on Calle Tampico. On Washington Street the sidewalk shall be a. meandering 8 foot sidewalk with sidewalk not touching curb at any point except at driveways and intersection of Washington Street and Calle Tampico. 17. Tower structures shall be a maximum 50 foot height. 18. Prior to issuance of grading or building permits, a parcel map or lot line adjustment shall be approved and recorded to separate subject property from properties to the north. 19. The City shall retain a qualified archaeologist, with the Developer to pay costs, to prepare a mitigation and monitoring plan for artifact location and recovery. Prior to archaeological studies for this site as well as other unrecorded information, shall be analyzed prior to the preparation of the plan. CONAPRVL.009 2 Conditions of Approval PP 91 -456 April 28, 1992 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: 1) identify the means for digging test pits; 2) allow sharing the information with the CVAS; and 3) provide for further testing if the preliminary result 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 the 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 on 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 areas 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. 20. Prior to issuance of a building permit for construction of any building or use contemplated by this use, the Applicant shall obtain permits or clearances from the following agencies: o City Fire Marshal o City of La Quinta Public Works Department o City of La Quinta Planning & Development Department o Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building Department at the time of application for a building permit for the proposed project. CONAPRVL.009 3 Conditions of Approval PP 91 -456 April 28, 1992. 21. Provisions shall be made to comply with the terms and requirements of the City adopted infrastructure fee program in affect at the time of issuance of building permits . 22. Final landscaping plans shall include approval stamps and signatures from the Riverside County Agricultural Commissioners office and Coachella Valley Water District. 23. Bus turnout and bus . waiting shelter shall be provided as requested by Sunline Transit when street improvements are installed. 24. Prior to issuance of any grading permits, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire site which shall be for the purpose of wind and erosion and dust control. The land owner shall institute blow sand and dust control measures during grading and site development. These.shall include but not be limited to: a.) use of irrigation during construction and grading activities; b.) areas not constructed on during first phase shall be planted in temporary ground cover or wildflowers and provided with temporary irrigation system; and c.) provision of wind breaks or wind rolls, fencing, and or landscaping to reduce the effects upon adjacent properties and property owners. The landowner shall comply with requirements of the Directors of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily while being used to prevent emission of dust and blow sand. 25. Construction shall comply'with all local and State Building Code requirements in affect at time of issuance of building permit as determined by the Building Official. 26. Prior to issuance of a grading permit, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval which must be satisfied prior to issuance of a building permit. Prior to a final building inspection approval, the Applicant shall . prepare and submit a written report demonstrating compliance with all remaining conditions of approval and mitigation measures. The Planning and Development Director may require inspection or other monitoring to assure such compliance. 27. If shopping carts are placed outside, they shall be screened from view of the parking lot in a manner which is approved by the Planning and Development Director. 28. A parking lot striping plan including directional arrows, stop signs, no parking areas, and parking spaces shall be approved by Planning and Development and Engineering Departments prior to issuance of a building permit. All roof equipment shall be screened from view by parapet walls of building or other architecturally matching materials. Construction of pad CONAPRVL.009 4 Conditions of Approval PP 91 -456 April 28, 1992 buildings shall be subject to approval of a non -public hearing plot plan and approval by the Planning Commission. 29. All compact spaces shall be clearly marked "compact cars only". 30. That all conditions of the Design Review Board shall be complied with as follows: A. A detailed complete sign program shall be approved by the Design Review Board prior to issuance of first sign permit. Sign program shall include any center identification signs. B. The architecture materials and colors of the pad building shall be architecturally compatible (i.e. , identical architecture, colors, and /or materials) with the main shopping center building. C. Cement plaster texture used on building shall be of a decorative nature and approved by the Planning Department prior to issuance of a building permit. D . Additional architectural treatment to the rear of the main building shall be provided in those areas that would be most exposed to adjacent properties and approved by the Planning and Development Department. E. Along the street perimeters, the amount of turf utilized shall be reduced (i.e. , eliminate on back sides of slopes, and between sidewalk and curb areas) . F. A preliminary landscaping plan indicating specific trees, shrubs, and ground covers, and irrigation system type shall be reviewed and approved by the Design Review Board prior to preparation of final landscaping plans. G. Additional landscaping planting shall be provided in areas between fronts of main building and parking lot area H . Water efficient irrigation system including bubblers and emitters shall be utilized wherever possible. I. Landscaping adjacent to north and west property lines shall be heavily planted to provide screening and buffering with adjacent residentially zoned properties. J. All planting materials shall be water efficient to maximum extend feasible. CONAPRVL.009 5 Conditions of Approval PP 91 -456 April 28, 1992 31. The plaza areas as shown on the approved site plan shall be developed into shaded lounging areas with permanent seating provided. Said plans to be approved by the City at the time of landscaping plan review. CITY FIRE MARSHAL 32. The water mains shall be capable of providing a fire flow of 5000 gpm and an actual fire flow available from any two adjacent hydrants shall be 2500 gpm for two hours duration at 20 psi. 33. A combination of on -site and off -site Super fire hydrants, on a looped system (6" X 4" X 2 -1/2" X 2- 1/2 "), 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 . 34. Prior to issuance of building permit Applicant/ Developer shall furnish one blueline copy of the water system plans to the Fire Department for review/ approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed /approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " 35. The required water system including fire hydrants shall be installed and accepted by the Coachella Valley Water District prior to any combustible material being placed on the site . 36. Buildings shall be constructed so that the fire flow required for any individual building or unseparated area does not exceed 3500 gpm. 37. 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. 38. Install a Fire Alarm System per NFPA 71 that provides for valve supervision and 24 hour monitoring of the waterflow alarm at the automatic fire sprinkler system. Audible devices shall be placed as required for the waterflow alarm to be heard at any point in the building at a minimum of 10 db above the ambient noise level. 39. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. CONAPRVL.009 6 Conditions of Approval PP 91 -456 April 28, 1992 40. Install Panic Hardware and Exit signs as per Chapter 33 of the Uniform Building Code. 41. Certain designated areas will be required to be maintained as fire lanes. ENGINEERING DEPARTMENT: *42. The Applicant shall dedicate public street right -of -way and utility easements in conformance with the City's General Plan, Municipal Code, applicable Specific Plans if any, and as required by the City Engineer, as follows: A. Washington Street - Major Arterial, 60 foot half width; the Washington Street Specific Plarr applies; B . Calle Tampico - Primary Arterial, 50 foot half width; the Calle Tampico Specific Alignment applies; Applicant shall execute right -of -way conveyance documents and return them to the City within 30 days after they are furnished to the Applicant by the City. 43. The Applicant shall vacate vehicle access rights to Calle Tampico and Washington Street from the site except as specifically provided in these Conditions of Approval. 44. Access locations to the site and the character of the turning movements at those locations shall be as follows unless otherwise approved by the City Engineer: A. Washington Street (305 feet north of Calle Tampico centerline), the driveway shall be 30 feet wide with the turning movements limited to right turn in and out only. B . Washington Street ( 750 feet north of the Calle Tampico centerline) , the driveway shall be 42 feet (16'- 12' -141) wide with no restrictions placed on the turning movements. C.' Calle Tampico ( the driveway shall align . with the Civic Center driveway), the driveway shall be 42 feet (16'- 12' -141) wide with no restrictions placed on the turning movements. D. Calle Tampico (the west edge of the driveway shall be 5 feet east of the west site boundary) , the driveway shall be 30 feet wide with turning movements limited to right turn in and out only. 45. The Applicant shall provide a fully improved landscaped setback lot of noted width adjacent to the following street right -of- way(s): CONAPRVL.009 7 Conditions of Approval PP 91 -456 April 28, 1992 A. Calle Tampico, 20 feet wide; B. Washington Street, 20 feet wide. 46. The Applicant shall form a merchant's association and obligate the association with the fiscal and operational maintenance responsibility for the maintenance and continued upkeep of the landscape setback lot and parkway area adjacent to the roadway along the segments of Calle Tampico and Washington Street that are contiguous to the site boundary. As an alternative, the Applicant may choose to maintain the above areas. 47. Landscape and irrigation plans for the landscaped lot(s) shall be prepared in conformance with the requirements of the Planning Director, and City Engineer, and approved by same officials prior to construction. 48. Applicant shall construct, or enter into agreement to construct, the site grading, off -site public improvements and on -site common area improvements before the issuance of a site grading permit. Applicant shall pay cash, in lieu of and equivalent to the respective construction cost, for those improvements which involve fair -share responsibility that must be deferred until the full complement of funding is available. Payment of cash in lieu of construction may be deferred to a future date mutually agreed by the Applicant and City Engineer, provided security for said future payment is posted by Applicant. 49. The on -site grading plan shall be prepared by a register civil.engineer and approved by the City Engineer prior to issuance of the grading permit. 50. The Applicant shall retain a California registered civil engineer, or designate one who is on the Applicant's staff, to exercise sufficient supervision and quality control during grading of the site and construction of the improvements to insure compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the Applicant and charged with the compliance responsibility shall make the following certifications upon completion of construction: A. All grading and improvements were properly monitored by qualified personnel during construction for compliance with the plans, specifications, applicable codes, and ordinances and thereby certify the grading to be in full compliance with those documents. B . The finished building pad elevations conform with the approved grading plans. 51. Storm water run -off produced in 24 hours by a 100 year storm shall be retained on site in landscaped retention basin(s) designed for a maximum water depth not to exceed six feet. The basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless the Applicant provides site - specific data that indicates otherwise. Other requirements include, but are not limited to, a grassed ground surface with CONAPRVL.009 8 Conditions of Approval PP 91 -456 April 28, 1992 permanent irrigation improvements, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. 52. The Applicant shall have a focused master drainage plan prepared by a registered civil engineer to determine what storm water disposal facilities are needed to protect the site from flooding by off site storm water. If the drainage study recommends the construction of off site storm water disposal facilities, the Applicant shall participate in the cost of the facilities, on a fair share basis. The tributary area to be studies includes all tributary land south of the La Quinta Evacuation Channel, east of the Bear Creek Channel and west of Washington Street. 53. Applicant shall install a trickling sand filter and leach field in the retention basin to percolate nuisance water in conformance with requirements of the City Engineer. The sand filter and leach field shall be sized to percolate 160 gallons per day per 5000 s . f . of landscaping. 54. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with grading plan. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and /or the engineering geologist must certify to the adequacy of the grading plan. A statement shall appear on the final subdivision map that a soils report has been prepared for the tract pursuant to Section 17953 of the Health and Safety Code. 55. The Applicant shall participate in the cost of the designing and installing street improvements. All street improvements shall be designed and constructed in accordance with the La Quinta Municipal Code and adopted Standard Drawings, and City Engineer and shall include all appurtenant components required by same, except mid -block street lighting, such as but not limited to traffic signs and channelization markings, street name signs, sidewalks, and raised medians where required by City General Plan. Street design shall take into account the soil strength, anticipated traffic loading, and design life. Miscellaneous incidental improvements and enhancements to existing improvements where joined by the newly required improvements shall be designed and constructed as required by the City Engineer to assure the new and existing improvements are appropriately integrated to provide a finished product that conforms with City standards and practices. This includes tapered off site street transitions that extend beyond project site boundaries and join the widened and unwidened street sections. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: CONAPRVL.009 9 Conditions of Approval PP 91 -456 April 28, 1992 A. OFF -SITE STREETS 1. Washington Street ( Calle Tampico to northerly boundary of site) - Install half -width Major Arterial, refer to La Quinta General Plan Figure VII -2. 2. Calle Tampico (Washington Street to westerly boundary of site) - Install half -width Primary Arterial (100 feet right -of -way option) refer to La Quinta General Plan Figure VII -2. 56. The Applicant shall participate in the cost, noted as follows, of designing and installing traffic signals at the following locations: A. Washington Street at Calle. Tampico, 25% cost participation. B . Calle Tampico, approximately 550 feet west of Washington Street, 50% cost participation. C. Washington Street, approximately 750 feet north of Calle Tampico, 100% initial cost participation subject to 50% reimbursement when adjacent property to north develops . 57. The Applicant shall construct meandering sidewalk in the parkway and landscaped setback lot along Calle Tampico (6 feet wide) and Washington Street (8 feet wide) . 58. The Applicant shall provide a blank easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. 59. The Applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the Coachella Valley Water District for review and comment with respect to the District's Water Management Program. 60. All existing and proposed electric power lines with 12,500 volts or less, and are adjacent to the proposed site or on -site, shall be installed in underground facilities. 61. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by the Applicant shall provide certified reports of soil compaction tests for review by the City Engineer. 62. The site shall be graded in a manner that permits storm flow in excess of the retention basin capacity, caused by a storm event greater than the 100 year 24 hour event, to flow out of the tract through a designated emergency overflow outlet and into the historic drainage relief route. Similarly, the tract shall be graded in a manner that anticipates receiving storm flow from adjoining property at locations that have historically received flow for those occasions when a storm greater than the 100 year 24 hour event occurs. CONAPRVL.009 10 Conditions.of Approval PP-91-456 April 28, 1992 63. The Applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fe amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. 64. The Applicant shall design and construct the parking lot in accordance with the La Quinta Municipal Code Off - Street Parking Ordinance. If the pad locations are proposed to be utilized by eating establishments, the Planning Commission during Plot Plan review shall consider whether adequate off - street parking exists. If it is determined that additional parking is needed, the Planning Commission may require an unused pad to be converted to off - street parking. CONAPRVL.009 11 -. r i STAFF REPORT PLANNING COMMISSION MEETING DATE: JUNE 28,1 1994 CASE NO.: PLOT PLAN 91 -456, AMENDMENT #2 APPLICANT: LA QUINTA VILLAGE PARTNERSHIP B1 #2 RLE COH REQUEST: APPROVAL OF A SIGN PROGRAM FOR A COMMERCIAL SHOPPING CENTER WHICH CONSISTS OF 79,333 SQUARE FEET LOCATION: NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO BACKGROUND: This project was originally. approved in April, 1991 and granted a second amendment on March 22, 1994. The second amendment decreased the size of the project to its current 79,333 square feet. One of the Conditions of Approval is that a sign program be approved for the center. This approval is to include building signs as well as free - standing center identification signs. SIGN PROGRAM PROPOSAL: The applicant has submitted a fairly comprehensive sign program which includes the main Ralphs Shopping Center signage, in -line shops, center identification signs, and some of the pad locations. For the individual shop tenants, the applicant proposes a two foot high by 12 -foot wide internally illuminated sign hanging in the arch way in front of the shop space. As can be seen in the submitted exhibits, the metal cabinet around the sign and the sign face background would have a opaque stucco finish to match the building. The retainer on the front edge of the sign would be painted to match the roof tile color. The lettering would be created by routing the letters out of the background face and mounting plexi -glass face letters inside the cabinet. The applicant will have a sample of this type of sign available at the meeting. As indicated these will be mounted by steel tubing under the archways. The archways do not necessarily line up with the shop space behind it and therefore, in some cases the signs may be off - centered from the shop space. However, it appears that there are adequate arches for each shop as indicated in the current working drawings. For those shops on corners, a second sign would be permitted. PCST.184 �F, '•�' y - �' ;� �, ;, ., For the Ralphs market, the proposal is to install a standard oval Ralphs sign which would be 8- foot high by 22 -feet long. The colors would be their standard red plexi background with plexi white letters. The sign would be mounted on the front elevation in the center of the store in the large stucco area above the archways. No other signage is shown. This sign is proposed to be internally illuminated with no use of stucco. The returns around the cabinet of the sign and retainer would be painted to match the roof tile color. For Pad A which is on the north side of Calle Tampico near Washington Street, and proposed to be a bank structure, the proposed sign program indicates that signage is proposed to be internally illuminated channel letters, two feet in height, in a black and white plexi -glass color. This bank which also has other branches in the Valley is proposing to utilize the same style of letter which exists at the other facilities. The trim cap on the face of the sign is proposed to be bronze with the returns of the letters to be stuccoed to match the building. Two shopping center identification signs are proposed, one at the traffic signal on Calle Tampico with the second at the driveway entrance south of Pad "C ". As can be seen by the submitted exhibits, this free - standing sign would have a rectangular face with an arch at the top supported by stucco columns at each end with a file treatment base. The sign would be at its highest point, 7 -foot 9- inches in height and 13 -feet wide. The sign face area would actually be 5 -feet 9- inches high and have a two foot open space below it. The square footage of the sign would be approximately 70 square feet including the supports. The sign face would read "La Quinta Village" with the Ralph's sign below it. The width or depth of the sign at its base would be approximately two feet with the width of the sign and stucco column area approximately 18- inches. Columns and sign face background would be opaque stucco to match the building. The base would be tile which matches the roof tile. Additionally, the retainer around the perimeter of the sign face would also match the tile color. The sign which would be double -faced would have La Quinta Village in a turquoise color and Ralphs in their standard logo design and colors. These letters are proposed to be cut or routed into the face of the background and internally illuminated. The applicant has also submitted individual free - standing monument signs for the pad buildings. The pad buildings which are spread out around the perimeter of the site adjacent to Washington Street and Calle Tampico within the landscaped setback areas. These signs are proposed to be similar in color and materials with the main shopping center signs. They would not have the columns, but be supported by tiled base. The size would be 5 -feet wide and approximately 5- feet high for a total of 25 square feet. The width or depth of these signs would be approximately 11/2 -feet wide. These signs would also say "La Quinta Village" with a maximum of two tenants on each sign. PCST.184 2 Due to the location of the main sign on the arch face which stands out over the covered walkway, the applicants are also proposing a pedestrian sign which would hang underneath the walkway and be visible to pedestrians. The sign would be 4 -feet by 16 -inch sandblasted wood. The wood border would match the tile color with the background to match the corridor colors. Copy colors are to be designated by the tenant. ANALYSIS: In general, staff feels that individual sign face colors where not specified, should be limited to a specific number. Staff feels that possibly three colors should be allowed to be chosen from. Due to the proximity of the shopping center across from City Hall and near the Downtown Village Specific Plan area, staff feels that signage should be a little more restrictive than that permitted along Highway 111. Specifically, staff would offer the following comments regarding the proposed sign program: Shop Building Tenants 1. Each tenant shall be allowed only one sign placed as close to the entry door as possible. 2. Consideration should be given to possibly utilizing raised plexi -glass letters rather than plexi -glass letters placed behind the routed background. 3. That steel sign supports should be painted the same color as the adjacent stucco background. 4. No logos or special consideration for National tenants with trademark signs shall be allowed. Ralphs Market Sian 1. Rather than allow the entire sign face to be internally illuminated, consideration should be given to possibly requiring the red Ralphs sign background to be a stuccoed red surface. This would permit the sign during the day to appear as a normal sign. At night then just the white lettering would be illuminated, reducing the impact on adjacent residential properties. First Bank Signs 1. Since the plans for First Bank have yet to be submitted or approved by the Planning Commission, staff feels that the letter heights should be noted to be a maximum of two feet high which would allow the Planning Commission some leeway should they feel that the signage should be shorter in height. At this time the overall length of these signs is not being designated but would be subject to approval. Staff would suggest that the signage be specifically approved with the building plans. PCST.184 3 Shopping Center Identification Signs 1. Staff feels that since this is the major shopping center identification sign, rather than the letters being routed and placed behind the background, that both the "Ralphs" and "La Quinta Village" signs should be raised above the face of the background to provide some depth and improve the appearance. At 13 -feet long and 8 -feet high, the Planning Commission may wish to consider reducing the size of this sign which is relatively large for the area. This area is generally surrounded by existing or future residential uses to the east, north, and west. Pad Monument Signs 1. These signs if utilized should be replace the building wall signs which would face the public streets. Additionally, only tenants who are on the corner facing the street should be allowed to have signage on this sign. 2. The "La Quinta Village" should be removed from the signs. The main shopping center identification signs are intended to provide identification of the shopping center. By removing this copy, the extra height should be removed from the signs. This would decrease the height of the sign approximately six inches which would provide a better proportion for these signs which are proposed to be essentially square at this time. RECOMMENDATION: Staff recommends approval of the sign program, subject to the submitted sign program and amendments as contained in the attached conditions. Attachments: 1. Proposed sign program text and exhibits PCST.184 4 ��•� -GAD.: ::T-'. '. -1 -::T -: �_��:iRy� If r JUN 1 3 199+ E La Quinta Village Sign Program 46-120 CALHOUN STREET - INDIO, CALIFORNIA 92201 - (619) 347 -3566 - (619) 345 -1155 - FAX (619) 347 -0343 CA. LIC. # 207136 C45 C61 /D38 C10 PURPOSE: The purpose of this Sign Program is to assure coordination and compatibility between all signs within the Sign Program area. As such, the sign program is intended to address placement, color, style, lighting and sign materials, and their consistency on the property. Although the Sign Program exhibits establish the letter and sign dimensions, the Sign Program is not intended to substitute dimensional requirements for those provided in Chapter 9.212 of the City Zoning Ordinance. APPLICABILITY: As defined in the City Zoning Ordinance, Section 9.212.030, a Sign Program is a coordinated plan for signage for an individual building or a group of buildings. For those signs requiring a program, no permit shall be issued for an individual sign unless and until a Sign Program for the lot on 'which the sign will be erected has been submitted and approved by the City in conformance with the City Ordinance. CONSTRUCTION AND MAINTENANCE: i All signs shall be constructed, installed and maintained in Accordance with the following standards: 1. All signs shall comply with the applicable provisions of the Uniform Building Code and all other applicable construction codes. 2. The tenant and the tenants contractor shall be responsible for obtaining any and all permits required. 3. A11 signs shall be maintained in good structural condition and appearance and in compliance with the Sign Program, the La Quinta Municipal Code, and with all building and electrical codes. 4. No exposed lamps will be permitted. 5. All tenants must maintain service and appearance. 6. Upon removal of signage, the party that purchased the signage shall be responsible for the removal of the signage, including patching and painting of holes. SUBMITTAL REQUIREMENTS: A sign application consistent with this program shall consist of the following: For each proposed Sign application on the building the following shall be specified on drawn to scale and dimensioned• plans: a) a dimensioned location of each sign on the building and property b) sign dimensions including letter height, color, sign length, and sign prjection from the building. c) color scheme c�) type style or aphic style e) materials being used f) method of installation /attachment SPECIFICATIONS FOR BUILDING TENANT SIGNS: 1. Only internally illuminated stuccoed cabinet signs shall be 6. Letter heights to4be proportional to working surface area 7. Cabinet sign to be 2' high X 1211ong. 8. Type style shall be approved by landlord. 8. Double and single -line copy shall be permitted. 9. All signs shall be mounted in allotted space and must align with other tenants SPECIFICATIONS FOR MONUMENT PAD SIGNS: (A,B,C, and D) 1. The monument sign shall be double- sided. 2. The sign shall be internally illuminated by fluorescent lighting. 3. The sign shall not exceed (8) eight feet in height. 4. Total signage area not to exceed 25 square feet. 5. Color of letter faces are up to discretion of the tenant 6. Sign face to be an opaque painted stucco finish to match to match building 7. Retainer on sign shall to match color of tile on building 8. Type style shall be approved by landlord and 9. See exhibits for materials and location requirements. 10. Only (2) two tenants per monument 11. Signs shall have divider bars for tenant seperation 12. See exhibits for materials and location requirements permitted 2. Color of Letter faces are up to the discretion of the tenant. 3. Sign face background shall be an opaque stucco finish, painted to match building 4. Color of stuccoed cabinet shall be painted to match color of building 5. Cabinet reatiner shall be color of roof tile 6. Letter heights to4be proportional to working surface area 7. Cabinet sign to be 2' high X 1211ong. 8. Type style shall be approved by landlord. 8. Double and single -line copy shall be permitted. 9. All signs shall be mounted in allotted space and must align with other tenants SPECIFICATIONS FOR MONUMENT PAD SIGNS: (A,B,C, and D) 1. The monument sign shall be double- sided. 2. The sign shall be internally illuminated by fluorescent lighting. 3. The sign shall not exceed (8) eight feet in height. 4. Total signage area not to exceed 25 square feet. 5. Color of letter faces are up to discretion of the tenant 6. Sign face to be an opaque painted stucco finish to match to match building 7. Retainer on sign shall to match color of tile on building 8. Type style shall be approved by landlord and 9. See exhibits for materials and location requirements. 10. Only (2) two tenants per monument 11. Signs shall have divider bars for tenant seperation 12. See exhibits for materials and location requirements SPECIFICATIONS FOR PLYON SIGNS: (Includes Ralph's) 1. Pylon sign shall be double sided 2. Sign shall be internally illuminated by fluorescent lighting 3. The sign shall not exceed (8) eight feet in height 4. Total signage area not to exceed 50 square feet. 5. Color of letter faces are up to discretion of the tenant 6. Sign face to be an opaque painted stucco finish to match building 7. Retainer to match color of tile S. Signs shall have divider bars for tenant separation 8. See exhibits for materials and location requirements FIRST BANK SIGNAGE: 1. Only internally illuminated channel letters shall be permitted 2. Letter races will be black /white plexiglas with 3/4" bronze trim cap. 3. Typestyle will be banks type. 4. Returns of the letters shall be stuccoed to match building 5. Illumination must be neon tubing, mounted inside the letter 6. Letters shall be mounted to facia 7. Sinle line copy only 8. Height of letter to be 2' 9. Channel letters must be painted inside and out (Excluding plexiglas) RALPH'S SIGNAGE: Inline 1. Size of sign to be 8' X 22' 2. Sign to be single face 3. Background of sign to be red 4. Color of copy to be while 5. Return and retainer to match tile ADDITIONAL OPTIONAL uNDERCANOPY SIGAN 1. Sign shall be a sandblasted with raised letters 2. Sign size to be 16" X 4' 3. Sign shall be double face 4. Background of sign to match building 5. Color of lettering is up to the discretion the tenant 6. Type style is up to the discretion the tenant 7. Size of type shall be proportional to surface area 8. Sign shall have 1' squared metal tubing for support frame 9. Support Frame to match color of undersheathing 10. Sign to align with other tenants S. Color of letter is up to the discretion the tenant ADDRESS SIGNAGE: 1. Address signage shall be non - illuminated plastic formed letters -- Height shall be 6" BINDING EFFECT: After approval of this Sign Program, no sign shall be erected constructed, installed, displayed, altered, placed or maintained except in conformance with this program. In case of any conflict between the provisions of this program and any other provision of Chapter 9.212 of the City Zoning Ordinance, the city Zoning Ordinance shall prevail. APPROVALS: The design and construction of the tenants signage must receive written approval by the owner of the building and then by the City of La Quinta before fabrication and installation. The owners written approval- shall be submitted to the City, along with a completed City application, approved plans, and Pees. Owners approval shall be based on: Conformity to the Sign Program is established for the center including fabrication and method ofinstallation. To secure owners approval, three (3) copies of the design drawing of the signage must be submitted directly to the owner. FINAL INSPECTION OF SIGN INSTALLATION: The installing sign contractor shall call the City for a final inspection after having installed the sign. CONDITIONS OF APPROVAL - DRAFT PLOT PLAN 91 -456 - LA QUINTA VILLAGE PARTNERSHIP SIGN PROGRAM - LA QUINTA VILLAGE SHOPPING CENTER JUNE 28, 1994 GENERAL: 1. The sign program for the La Quinta Village Shopping Center shall be subject to the sign program on file in the Planning and Development Department, subject to the following modifications: A. The final text of the sign program incorporating these Conditions of Approval shall be submitted to the Planning and Development Department prior to issuance of the first sign permit. B. Sign letter and colors for the shop building tenants (building tenant), and monument signs (monument pad signs) and pedestrian signs shall be limited to red, turquoise, and forrest green. Each tenant for the shop buildings shall be limited to one sign only with corner tenants allowed a second sign on the second frontage. C. Steel supports for the shop building tenants shall be painted to match the background stucco color. D. No logos shall be allowed and no special signs shall be allowed for tenants with trade mark signs in the shop buildings. E. The sign heights for the First Bank shall be a maximum of two feet high, as approved by the Planning Commission during consideration of the building approval. F. For the shopping center identification signs the lettering shall be raised two inches rather than placed behind the background. G. If the pad tenants utilize the monument sign, it shall replace the sign on the building facing the public street. Only tenants who are on the corner facing the street shall be allowed to have signage on a pad monument sign. H, "La Quinta Village" shall be removed from the pad monument signs and the sign lowered by six inches to eliminate the "La Quinta Village" background area. CONAPRVL . 13 3 1 FIE ,0PW STAFF REPORT PLANNING COMMISSION MEETING DATE: MARCH 22, 1994 CASE NO: PLOT PLAN 91 -456, AMENDMENT #2 APPLICANT: THE KOENIG COMPANIES (MR. JOHN KOENIG) PH #1 REQUEST: APPROVAL OF AN AMENDMENT TO A SITE PLAN FOR A COMMERCIAL SHOPPING CENTER CONSISTING OF 85,650 SQUARE FEET ON 9.25 ACRES. LOCATION: NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO ENVIRONMENTAL CONSIDERATIONS: A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT WAS APPROVED IN CONJUNCTION WITH THIS APPLICATION DURING THE ORIGINAL APPROVAL IN 1991. NO SIGNIFICANT CHANGES ARE PROPOSED THAT WOULD INCREASE IMPACTS. THEREFORE, NO ADDITIONAL ENVIRONMENTAL REVIEW IS DEEMED NECESSARY. ZONING: C -P SURROUNDING ZONING/ LAND USE: NORTH: SOUTH: EAST: WEST: BACKGROUND: C -P, R -1 AND R -2 *8,000 /VACANT R -2 *4,000 /CIVIC CENTER SITE SR SINGLE FAMILY AND'VACANT LOTS R -2 *4,000 AND R -3 /SINGLE FAMILY RESIDENCES AND VACANT LAND This project was originally approved in April, 1991. The project approved at that time consisted of a 116,600 square foot shopping center on an 11.8 acre site. The project consisted of a supermarket, drug store, retail shops, and four pad buildings. Additionally, a General Plan Amendment, and Change of Zone allowing commercial usage of the site were also approved by the City Council in April, 1991. In November, 1992, an amendment decreasing the project to 85,650 square feet of floor space on 9.25 acres was approved. Most of the reduction in the shopping center size was due to the elimination of the drug store. Additionally, an 18,000 PCST.170 square foot detention basin which was located at the northwest corner of the site was deleted from the site. On January 25, 1994, the Planning Commission granted a one year extension of time extending the approval to November 24, 1994. AMENDMENT REQUEST: The applicant is requesting approval of an amendment to modify the market, shop area #1, and the driveway areas on Calle Tampico. The amendment includes a reduction in the market area from 45,695 square feet to 42,413 square feet and a reduction in the shop area #1 from 6,850 square feet to 6,820 square feet. A future 3,000 square foot addition to shop area #1 has also been eliminated. The total reduction in square foot of the shopping center is 3,312 square feet. The 85,645 square foot (including 3,000 square foot expansion) would be reduced to 79,333 square feet. Previously the two driveways on Calle Tampico had no on -site connection to each, other south of shop #1. With the proposed revision, a driveway aisle and parking spaces would link the two driveways. The configuration of the parking lot area at the rear of shop area #1 is also being modified with this amendment. While the square footage of the buildings is being reduced by 3,312 square feet, the number of parking spaces is only being reduced from 491 to 489 parking stalls which complies with Code requirements. Architecturally, the modifications are minor. The same architectural style utilized with the mission clay tile roof, exterior plaster wood trellises and brick column bases is still being maintained. Along the south side of the market and the west side of the shop area #1, trellis' over the parking area will be provided. Setbacks adjacent to property lines are being maintained except for the north side of the market. The previously approved plan provided a 60 -foot setback between the market wall and property line to the north. The revised plan shows a setback of 40 -feet. At the southwest corner of the market, the plan has been revised to provide an enclosed trash area and pallet storage area. This will eliminate the need for outdoor storage which is not permitted. ANALYSIS: In reviewing the proposed amendment, one of staff's concerns is that the setback between the market and the northern property line has been reduced from 60 -feet to 40 -feet. Due to the height of the market ( ±27 -feet) it could create a visual obstruction and nuisance. Presently the property to the north is zoned C -P since it was originally a part of this project. However, the C -P zoned land has been made a part of the recently approved residential Jascorp project. The PCST.170 Jascorp project which was recently approved to the north of the subject property abuts this project. There are residential units within ten to 20 -feet of the property line. Staff feels that this necessitates an amendment to Condition #6 regarding providing a block wall along the north property line and additional architectural treatment to the north end of the market. The wall of the market above the block wall will be readily visible from the residents of the adjacent residential project. Additionally, an emergency access point is shown on the Jascorp plans at the northern end of the market along the property line. A pedestrian gate is also shown near the property line adjacent to Pad "D ". Conditions have been included to address these items. Staff has routed this amendment request to various agencies and other City departments. The Engineering Department has recommended several minor changes to the conditions. RECOMMENDATION: By adoption of Minute Motion 94- the amended attached conditions. Attachments: approve Amendment #2 to Plot Plan 91 -456, subject to 1. Location map 2. Previous approved site plan (small scale) 3. Amended site plan and elevations (large scale) 4. Draft Conditions of Approval PCST.170 p� �A CAC L E TAmplco `- - —' ..F CASE MAP CASE No. GPA 91 -035 PP 91 -456 CZ 91 -063 LOCATION MAP N wT $ NTS l i w Cw I w 1 O 6N O ApproVa -d srftl-- 04vi VASHP40TON sti 0 M j ff IOC iii oil pil Nadel :;' CONDITIONS OF APPROVAL - DRAFT PLOT PLAN 91 -456 - AMENDMENT #2 - KOENIG COMPANIES MARCH 22, 1994 * Amended by Planning Commission 4 -28 -92 ** Amendment #1 + Amended by City Council 12 -1 -92 ++ Amended by Planning Commission 1 -25 -94 + + + Deleted by Planning Commission 1 -25 -94 • Amended by Planning Commission 3 -22 -94 • • Added by Planning Commission 3 -22 -94 GENERAL 1. • The development of the property shall be generally be in conformance with the exhibits contained in the file for PP 91 -456, Amendment #2, unless amended otherwise by the following conditions. 2.++ The approved plot plan shall be used within one year of the final approval date (November 24, 1994); 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 until completion. A one-year time extension may be requested as permitted by Municipal Code. 3. There shall be no outdoor storage or sales displays without specific approval of the Planning Commission. 4.** All exterior lighting shall be shielded and directed so as not to shine directly on surrounding adjoining properties or public rights -of -way. Alternative parking lot lighting plans utilizing light pole standards varying in height from 20 feet to 35 feet shall be submitted to the Planning Director for review and approval prior to issuance of a building permit. Light standard type and height with recessed light source shall also be reviewed and approved by the Planning Director. Exterior lighting shall comply with Outdoor Light Control Ordinance. and Off - Street Parking requirements. 5.** Adequate trash enclosures shall be provided for all structures and provided with opaque metal doors. Plans for trash enclosures to be reviewed and approved by the Planning Director prior to issuance of a building permit. Applicant shall contact the local waste management company to insure that enclosure size is adequate. Should recycling be required, recycling bins with enclosure shall be provided to the satisfaction of the Planning and Development Director. CONAPRVL.116 1 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 6. * *• A six foot high decorative masonry wall shall be provided adjacent to the north and west • property lines except within ten feet of the Washington Street and Calle Tampico street right -of -way line the where wall shall be reduced in height to 30 inches. Adjaeent to -the 2.56 aef;e n " west and fiefth beundai-7y of the "not a n 7. Handicapped parking spaces and facilities shall be provided per Municipal Code and State requirements. 8. As required by the General plan, the applicant shall provide a noise study by a qualified engineer to determine the impacts on the surrounding residential zones and uses. The noise study shall suggest mitigation measures which the City can require. 9. The screen wall height adjacent to loading docks shall be determined by the required noise study. Should the noise problems from the use of the loading areas arise, the Planning Commission shall retain the right to limit the hours of loading and unloading. Surrounding property owners and residents which could be affected by noise shall be notified of the Planning Commission consideration of limitations on delivery hours. 10. The project shall comply with all existing Off - Street Parking requirements including but not limited to shading of parking lot areas, shopping cart storage, and bicycle parking spaces. 11. ** Decorative screen walls provided adjacent to street shall be high enough to screen the parking lot surface and the majority of parked cars from view of the street. Determination, location, design, and of height of walls shall be made after review of landscaping and grading plans by the City. 12. Landscaping planters along the north and west property lines shall be provided at maximum width possible with all unusable areas adjacent to property lines provided in landscaping. 13. The project shall comply with applicable Arts in Public Places Ordinance requirements. 14. ++ A meandering six foot wide sidewalk shall be provided on Calle Tampico. On Washington Street the sidewalk shall be a meandering eight foot sidewalk with the sidewalk not touching the curb at any point except at the driveways and intersection of Washington Street and Calle Tampico. Sidewalks shall be in the parkway and landscaped setback lot. CONAPRVL.116 2 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 15. ** Tower structures shall be a maximum 50 foot high from the finish grade. 16. ++ Prior to issuance of grading or building permits, whichever occurs first, or lot line adjustment or parcel map shall be approved and recorded to separate the subject property from properties to the north. 17. The City shall retain a qualified archaeologist, with the developer to pay costs, to prepare a mitigation and monitoring plan for artifact location and recovery. Prior archaeological studies for this site as well as other unrecorded information, shall be analyzed prior to the preparation of the plan. 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: 1) identify the means for digging test pits; 2) allow sharing the information with the CVAS; and 3) 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 the 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 on 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 areas 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. CONAPRVL.116 3 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 18.** Prior to issuance of a building permit for construction of any building or use contemplated by this use, the applicant shall obtain permits or clearances from the following agencies: o City Fire Marshal o City of La Quinta Public Works Department o City of La Quinta Planning & Development Department o Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District o California Regional Water Quality Control board (NPDES Permit) Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building Department at the time of application for a building permit for the proposed project. 19. Provisions shall be made to comply with the terms and requirements of the City adopted Infrastructure Fee Program in effect at the time of issuance of building permit. 20. Final landscaping plans shall include approval stamps and signatures from the Riverside County Agricultural Commissioners Office and the Coachella Valley Water District. 21. • Bus turnout and bus waiting shelters shall be pfevided constructed as requested by Sunline Transit prior to issuance of Certificates of Occupancy for any structures within the development. 22. Prior to issuance of any grading or building permits, the applicant shall submit to the Planning and Development Department an interim landscape program for the entire tract, which shall be for the purpose of wind erosion and dust control. The land owner shall institute blowsand and dust control measures during the grading and site development. These shall include but not be limited to: A. The use of irrigation during all construction activities; . B. Planting of cover crop or vegetation upon previously graded but undeveloped portions of the site; and C. Provision of wind breaks or wind rows, fencing, and /or landscaping to reduce the effects upon adjacent properties and property owners. The land owner shall comply with requirements of the Director of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily while being used to prevent the emission of dust and .blowsand. CONAPRVL.116 4 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 D, Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust (PM10) Control plan prepared in accordance with Chapter 6. 10, La Quinta Municipal Code. In accordance with said Chapter, the applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 23.** Construction shall comply with all local and State building Code requirements in effect at time of issuance of building permit as determined by the Building Official. 24. Prior to issuance of a grading permit, the applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those Conditions of Approval which must be satisfied prior to issuance of a building permit. 25. If shopping carts are stored outside, they shall be screened from view of the parking lot in a manner which is approved by the Planning and Development. Director. 26. A parking lot striping plan including directional arrows, stop signs, no parking areas, and parking spaces shall be approved by Planning and Development and Engineering Departments prior to issuance of a building permit. All roof equipment shall be screened from view by parapet walls of building or other architecturally matching materials. Construction of pad buildings shall be subject to approval of a non - public hearing plot plan and approval by the Planning Commission. 27. All compact spaces shall be clearly marked "compact cars only". 28. That all conditions of the Design Review board shall be complied with as follows: A, A detailed complete sign program shall be approved by the Planning Commission prior to completion of the construction of the shopping center. The sign program shall include any identification signs for the shopping center. B. The architecture, materials, and colors of the pad buildings shall be architecturally compatible, (i.e., identical architecture, materials, and colors) with the main shopping center buildings. C. Cement plaster texture used on the buildings shall be of a decorative nature. D. ++ Additional architectural treatment including a tile roof shall be provided around the west side of Shop #1. Revisions shall be approved by the Planning Commission prior to issuance of a building permit. CONAPRVL.116 5 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 E. Between the street curbs and meandering sidewalks, no lawn shall be used within 5 -feet of the street curb. Irrigation systems between the curb and sidewalk or lawn shall be bubbler emitter type (no spaghetti tubing). F. The landscaping shall comply with the requirements as indicated in the Off -Street Parking Requirements. This includes the requirement of 50% shading of the parking lot area. G. The Off - Street Parking requirements also require established shopping cart return areas. These will have to be provided on the site. H, A preliminary landscaping plan indicating specific tree, shrub, and ground cover (including sizes) shall be reviewed and approved by. the Planning and Development Department prior to preparation of final landscaping plans. The landscaping is to be water efficient and utilize drip or emitter irrigation (no spaghetti tubing) as much as possible. Along the south or front side of Shop #2, planting areas shall be provided. I. Landscaping adjacent to the northern and western property lines shall be heavily planted to provide screening and buffering with the adjacent residentially zoned properties. J. Additional tree wells and canopy trees shall be provided in the following areas: 1. • In the ei& 14 parking space area west of Shop ail. 2. In the two 14 -space parking areas between pads "B" and "C". 3. In the 12- parking space area between pads "C" and "D ". K. Planting, mounding, and walls shall be provided in such a manner to provide screening of the parking lot area from perimeter streets. L. A decorative driveway pattern and colors shall be approved with final working plans. CITY FIRE MARSHAL: 29. The water mains shall be capable of providing a fire flow of 5000 gpm and an actual fire flow available from any two adjacent hydrants of 2500 gpm for a two hour duration at 20 psi. CONAPRVL.116 6 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 30. A combination of on -site and off -site Super fire hydrants, on a looped system (6" X 4" X 21/2"), 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. 31. Prior to issuance of a building permit, the applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review /approval. The plans shall conform to the fire hydrant types, location, and spacing, and the system shall meet the fir flow requirements. Plans shall be signed /approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 32. ** The required water system including fire hydrants shall be installed and accepted by the Coachella Valley Water District prior to the start of construction. 33. Buildings shall be constructed so that the fire flow required for any individual building or unseparated area does not exceed 3500 gpm. 34. 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. The approved plans, with the Fire Department job card must be at the job site for all inspectors. 35. If the building is used for high piled /rack storage, the building construction and fire sprinkler system must meet NFPA 231C and Article 81 of the 1991 Uniform Fire Code. 36. Install a supervised waterflow fire alarm system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standards 72. 37. Install a manual pull smoke detection and voice evacuation fire alarm system as required by the Uniform Building. Code /Riverside County Fire_ Department and National Fire Protection Association Standards 72. 38. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning and Engineering Departments office for submittal requirements. 39. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. CONAPRVL.116 7 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 40.. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. 41. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less.than 2AlOBC in rating. Contact a certified extinguisher company for proper placement of equipment. 42. Install Knox Lock Boxes, Model 4400, 3200, or 1300, mounted per recommended standard of the Know Company. Plans must be submitted to the Fire Department for approval of mounting location /opposition and operating standards. Special forms are available from this office for the ordering of the Key Lock Boxes. This form must be authorized and signed by this office for the correctly coded system to be purchased. 43. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 44. 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. 45. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning and Engineering staff at (619)863 -8886. ENGINEERING DEPARTMENT: 46.** The applicant shall dedicate public street right -of -way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans if any, and as required by the City Engineer, as follows: A. Washington Street: Major Arterial, 60 -foot half width; the Washington Street Specific Plan applies; B. Calle Tampico: Primary Arterial, 50 -foot half width; the Calle Tampico Specific Alignment applies. The applicant shall execute right -of -way conveyance documents and return them to the City within 30 days after they are furnished to the applicant by the City. The applicant shall dedicate any .easements necessary for placement of and access to, utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. The applicant shall acquire an easement for the portion of the north Washington Street access drive encroaching to the north of the property subject to this plot plan. CONAPRNL.116 8 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 The design of the tract shall not cause any change in flood boundaries, levels or frequencies in any area outside the tract. 47. The applicant shall vacate vehicle access rights to Calle Tampico and Washington Street from the site except as specifically provided in these Conditions of Approval. 48. + ** Access locations to the site and the character of the turning movements at those locations shall be as follows unless otherwise approved by the City Engineer: A. Washington Street (approximately 440 feet north of Calle Tampico centerline), the driveway shall be 30 feet wide with the turning movements limited to right turn -in and out only. B., Washington Street (750 feet north of Calle Tampico centerline), the driveway shall be 54 feet (lanes) 52 feet (14'42'42'44' lanes) wide with no restrictions placed on the turning movements. This drive will function as a shared- access with the property to the north. The applicant shall redesign the interior street intersection for safe movement of traffic from both properties as well as Washington Street. The design presented for approval of the City Engineer should have the previous approval of the property owner to the north. C. • Calle Tampico (the driveway shall align with the Civic Center driveway), the driveway shall be 14') wide with no mstr-ietiens plaeed on t g movement. 60 feet wide (14'- 12' -20' with 14' median) with no restrictions on turning movements. The west edge of the drive shall align with the west edge of the Civic Center drive. D. • Calle Tampico (the west edge of the driveway shall be five feet east of the site boundar-y) (centered approximately 45' east of the east property boundary), the driveway shall be 30 35 feet wide with turning movements limited to right turn -in and out only. 49. The applicant shall provide a fully improved landscaped setback lot of noted width adjacent to the following street right -of- way(s): A. Calle Tampico, 20 feet wide; B. Washington Street; 20 feet wide. 50. The applicant shall form a merchant's association and obligate the association with the fiscal and operational maintenance responsibility for the maintenance and continued upkeep of the landscape setback lot and parkway area adjacent to the roadway along the segments of Calle Tampico and Washington Street that are contiguous to the site boundary. As an alternative, the applicant may choose to maintain the above areas. - CONAPRVL.116 9 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 51.** Landscape and irrigation plans for landscaped lots, common retention basins and park facilities shall be prepared by a licensed landscape architect. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor - mounted equipment. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above - ground. utility structures. Landscape and irrigation plans shall meet the requirements of and be signed by the Planning Director, the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 52. • The applicant shall construct, or enter into an agreement to construct the site grading, off -site public improvements, and on -site common area improvements before the issuance of a site grading permit. The appheafit sha4l pay eash, r-espensibility that must be defeffed until the full eefnplefnent of funding is ftyage by the applieafft. 53. The on -site grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to issuance of the grading permit. 54. ** The applicant shall retain a California registered civil engineer or geotechnical engineer, or surveyor, as appropriate, or designate one who is on the applicant's staff, to exercise sufficient supervision and quality control during grading of the site and construction of the improvements to. insure compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the applicant and charged with the compliance responsibility shall make the following certifications upon completion of construction: A. All grading and improvements were properly monitored by qualified personnel during construction for compliance with the plans, specifications, applicable codes, and ordinances and thereby certify the grading to be in full compliance with those documents. B. The finished building pad elevations conform with the approved grading plans. 55...+ The applicant shall design and construct a storm drainage system to the satisfaction of the City Engineer. If the applicant elects to participate in a regional storm drainage system, the applicant shall pay a fair -share cost of the regional system as determined by the City. If the regional system is not yet available when this parcel develops, the CONAPRVL.116 10 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 applicant shall design and construct interim facilities capable of storing or carrying the flows determined through the study required in Condition #56 herein. If the applicant elects or is required to utilize permanent on -site facilities, those facilities shall comply with the following requirements. Storm water run -off produced in 24 -hours by a 100 year storm, shall be retained on -site in landscaped retention basin(s) designed for a maximum water depth not to exceed six feet. The basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless the applicant provides site specific data that indicates otherwise. Other requirements include, but are not limited to, a grassed ground surface with permanent irrigation improvements, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. 56. The applicant shall have a focused master drainage plan prepared by a registered civil engineer to determine what storm water disposal facilities are needed to protect the site from flooding by off -site storm water. If the drainage study recommends the construction of off -site storm water disposal facilities, the applicant shall participate in the cost of the facilities,. on a fair share basis. The tributary area to be studied includes all tributary land south of the U Quinta Evacuation Channel, east of Bear Creek Channel and west of Washington Street. 57. If the applicant utilizes a permanent on -site stormwater retention basin, the applicant shall install a trickling sand filter and leach field in the retention basin to percolate nuisance water in conformance with requirements of the City Engineer. The sand filter and leach field shall be sized to percolate 160 gallons per day per 5000 s.f. of landscaping. 58. A thorough preliminary engineering, geological, and soils. engineering investigation shall be conducted with a report submitted for review along with grading plans. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and /or the engineering geologist must certify to the adequacy of the grading plan. A statement shall appear on the final subdivision map that a soils report has been prepared for the tract pursuant to Section 17953 of the Health and Safety Code. 59.** The applicant shall complete improvements to streets fronting the development site. This + +• may include work beyond the site boundaries to provide a finished product that conforms with City standards and practices. The applicant shall construct a left turn pocket in the Calle Tampico median island to allow eastbound traffic to access the main entry drive to this development. CONAPRVL.116 11 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 Prior to issuance of a grading permit, the applicant shall reimburse the City for the City's cost of improvements to the applicant's half of Washington Street and Calle Tampico fronting the site of this development including a 25 % share of the traffic signal at Washington and Tampico. This requirement may be supplanted by other arrangements mutually acceptable to the applicant and the City. The following specific street width shall be constructed to conform with the General Plan street type noted therewith: A. OFF -SITE STREETS Washington Street ( Calle Tampico to the northerly boundary of the site) - Install half -width Major Arterial, refer to La Quinta General Plan Figure VII -2. 2. Calle Tampico (Washington Street to the westerly boundary of the site) - Install half -width Primary Arterial (100 feet right -of -way option) refer to La Quinta General Plan Figure VII -2. 60. The applicant shall participate in the cost, noted as follows, of designing and installing traffic signals at the following locations: A. Washington Street at Calle Tampico, 25% cost participation. B. Calle Tampico, approximately 550 feet west of Washington Street, 50% cost participation. C.• Washington Street, approximately 750 feet north bf Calle Tampico, 100% initial cost participation The applicant may enter a reimbursement agreement with the City for reimbursement of up to 50 % of the cost by the property to the north when it develops. 61. + ++ lot aleng Galle Tafflpiee (6 feet wide) afld Washifigton Stfeet (8 feet wide). 62. ** The applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. 63. The applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the Coachella Valley Water District for review and comment with respect to the District's Water Management Program. CONAPRVL.116 1 12 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 64, All existing and proposed utilities adjacent to or within the proposed development shall be installed underground. High voltage power lines which the power authority will not accept underground are exempt from this requirement. 65. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by the .applicant shall provide certified reports of soil compaction texts for review by the City Engineer. 66. The site shall be graded in a manner that permits storm flow in excess of the retention basin capacity, caused by a storm event greater than the 100 year 24 hour event, to flow out of the tract through a designated emergency overflow outlet and into the historic drainage relief route. Similarly, the tract shall be graded in a manner that anticipates receiving storm flow from adjoining property at locations that have historically received flow for those occasions when a storm greater than the 100 year 24 hour event occurs. 67. The applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fee amount(s) shall be those which are in effect at the time the work in undertaken and accomplished by the City. 68. The applicant shall design and construct the parking lot in accordance with the La Quinta Municipal Code Off -Street Parking Ordinance. If the pad locations are proposed to be utilized by eating establishments, the Planning Commission during plot plan review, shall consider whether adequate off - street parking exists. If it is determined that additional parking is needed, the Planning Commission may require an unused pad to be converted to off -street parking. 69. ** Grading, drainage, street lighting, landscaping and irrigation, park, gate, and perimeter wall plans are not approved for construction until they have been signed by the City Engineer. 70.** The City is contemplating adoption of a quality - assurance program for privately- funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, the applicant shall fully comply with the quality assurance program. If the quality - assurance program has not been adopted, the applicant shall adopt a construction quality- assurance program which meets the approval of the City Engineer. 71.** The applicant shall employ or retain a California registered civil engineers, geotechnical ++ engineers, or surveyor, as appropriate, who will provide, or have his or her agents provide, sufficient. supervision and verification of the construction to be able to furnish and sign accurate record drawings and certify compliance of all work with approved plans, specifications, and applicable codes. CONAPRVL.116 13 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 72. ** Upon completion of construction, the applicant shall furnish the City reproducible record ++ drawings of all plans signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," or "As- Built" or "As- Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. PUBLIC UTILITIES (IMPERIAL IRRIGATION DISTRICT): 73. ** The Imperial Irrigation District will need a ten (10) foot Public Utility Easement (PUE) ++ along the entire eastern and southern perimeters of this project, bordering Washington Street and Calle Tampico. The easement can be incorporated into areas designated for landscape or buffer zones. 74. ** Other easements will be required to provide electrical service to whatever type of facilities are constructed on the site. The width and location of the easements will be determined upon receipt of final plans for the project. 75.** All existing overhead conductors will be replaced with underground conductors at the developer's expense. They will be located in concrete encased duct banks. constructed at the developer's expense. The number and size of these duck banks will be determined by the location of the load centers of the development. 76.** Transformers and distribution switches will be of the padmount variety and range in height above ground from 36 inches to 72 inches. Details of required clearances around these devices will be furnished at a later date. MISCELLANEOUS: 77. • • Prior to issuance of a building permit, the applicant shall provide a recorded easement to allow an emergency access north of the supermarket and pedestrian access west of pad "D" from the adjacent Jascorp project. Should the subject wall required by this project be constructed prior to the residential project, the cost incurred to modify the wall and adjacent planting and /or curbs shall be incurred by the residential project. CONAPRVL.116 14 0) STAFF REPORT PLANNING COMMISSION MEETING HLE (� (p� (C� W DATE: NOVEMBER 22, 1994 CASE: PLOT PLAN 91 -456 (AMENDMENT #2) APPLICANT: RICH DEVELOPMENT COMPANY AND THE KOENIG COMPANIES (MR. JOHN KOENIG) REQUEST: APPROVAL OF A FLAGPOLE FOR LA QUINTA VILLAGE SHOPPING CENTER LOCATION: NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO, WITHIN THE LA QUITNA VILLAGE SHOPPING CENTER BACKGROUND: The Municipal Code specifically requires Planning Commission approval for commercial flagpoles. During the original approval of this project, which is presently under construction, the applicants did not indicate any flagpoles. The applicants are now requesting approval of a 30 -foot high flagpole with a five foot tall by eight foot wide American flag. The proposed location would be in the parking lot planter across (east) from the southerly most entrance to Ralphs market. ANALYSIS: The Planning staff has no objection to this flagpole provided the pole color matches the parking lot poles which are dark bronze. By Minute Motion 94- approve the request for a 30 -foot high flagpole with the American flag as submitted, subject to the pole being dark bronze to match the other vertical poles (parking lot lighting). Attachments: 1. Partial site plan showing flagpole location 2. Flagpole specifications PCST.195 '7. F l L E P V PH n5 STAFF REPORT PLANNING COMMISSION MEETING DATE: NOVEMBER 24, 1992 CASE NO: PLOT PLAN 91 -456, AMENDMENT #1 APPLICANT: THE KOENIG COMPANIES REQUEST: APPROVAL OF AN AMENDMENT TO ALLOW THE REDUCTION OF THE SIZE OF THE PROJECT FROM 116,600 SQUARE FEET TO 85,650 SQUARE FEET ON 9.25 ACRES REDUCED FROM 11.8 ACRES. LOCATION: ENVIRONMENTAL CONSIDERATIONS: BACKGROUND: NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO A NEGATIVE DECLARATION WAS APPROVED IN CONJUNCTION WITH THIS APPLICATION DURING THE ORIGINAL APPROVAL IN 1991. NO CHANGES WHICH WOULD INCREASE IMPACTS ARE PROPOSED. THE REDUCTION IN THE SIZE OF THE PROJECT WILL REDUCE THE IMPACTS THAT MAY BE EXPECTED. THEREFORE, NO ADDITIONAL ENVIRONMENTAL CONSIDERATION IS DEEMED NECESSARY. This project was originally approved in April, 1991. The project approved at that time consisted of a.116,600 square foot shopping center on an 11.8 acre site. The approved project consisted of a supermarket, drug store, retail shops, and four pad buildings. In addition, to the plot plan application, a general plan amendment and change of zone allowing commercial usage were also approved by the City Council in April, 1991, to permit the project. REVISED SUBMITTAL: The amendment request proposes to delete 2.56 acres of the site from the project. This area is located adjacent to the northwest corner of the site. In conjunction with the reduction of the site area, the square footage of the project has been reduced by approximately 31,000 square feet of floor space. Most of this reduction comes from the elimination of the previously approved PCST.088 1 � � tt � 1 �1 {{ { ., jj11 !i/wt.J ,.1 C ` _! drug store site. The 18,000 square foot detention basin which was previously located at the northwest corner of the site has been deleted from the project. DESCRIPTION OF SITE: The project site still contains approximately 700 feet of frontage along Calle Tampico and Washington Street. The property is presently vacant and void of any significant vegetation. Power poles run along Calle Tampico and transverse the site from north to south. The property is made up of one parcel and a portion of the second parcel. The site is relatively flat. STATISTICAL DATA: Land Area: 9.25 acres Building, Area: 85,645 square feet (future expansion included) Land /Building_ Ratio: 3.7/1 Parking Provided: 491 stalls Parking Required: 313 stalls (all retail) Parking Ratio: 5.73 per 1000 square feet of floor area SITE DESIGN: The market structure has been relocated from the northwest corner of the site to the west end of the site fairly close to Calle Tampico. Shop buildings have been provided to the south and attached to the market and to the northeast of the market in a detached building. Four pad structures are proposed. Three along Washington Street and one adjacent to Calle Tampico. These structures are fairly close to the previously approved locations. The four pad buildings vary in size from 4,500 square feet to a maximum of 5,600 square feet. Adjacent to the 4,500 square foot pad is a small area shown which could be utilized for outdoor eating. Parking is provided in the center of the site, adjacent to the streets, and around the backside of the market structure to the north. CIRCULATION /PARKING: Access is still provided from two driveways on each street. The northerly driveway on Washington Street would be a shared drive with the property to the north when it develops. At the time of the original approval, a senior citizens type of housing project was being discussed for the northerly property. However, that project has been tabled and no further development has been proposed for that site. This access would be a full turn movement and would be PCST.088 2 signalized. The second access on Washington Street has been. shown somewhat north of the original location. The revised location would be approximately 370 feet north of the Calle Tampico and Washington Street intersection. This access would be a right turn in /out only. On Calle Tampico, there would be a full turn movement driveway located near the center of the site. This driveway will align with the driveway into City Hall and will be signalized. The second access would be adjacent to the westerly property line and primarily provide access to the rear of the market and a small parking area behind the market and shop #1. This driveway will be a right turn in and out only. The majority of the parking within the center of the property has been designed to be angled and one way. The Applicant has provided adequate parking to meet our present parking requirements assuming the supermarket and other areas will be utilized for retail purposes. If some uses requiring additional parking are proposed, it appears that adequate parking will be available. LANDSCAPING /SCREENING: The Applicant has submitted a conceptual landscaping plan for this project. A new feature which has been incorporated is a "reflection pond" at the intersection of Washington Street and Calle Tampico. The Applicant has verbally indicated that some type of public art piece would be provided in the area of this reflection pond. The Applicant has provided a minimum 20 foot landscape setback adjacent to both streets as required. The setback adjacent to the buildings as shown on the plans further increases the setback adjacent to the street. Screen walls are shown adjacent to the parking lot areas to provide the required screening. Generally speaking, Date Palms are utilized to line the entries to the project. These are interspersed with canopy type trees. This theme would be continued around the perimeter of the site. The Applicant indicates that along the north side of the market and shop #2 and along the west side of the market, solid tree screens will be provided to screen the project from adjacent properties. It should be noted that these adjacent properties to the west and to the north beyond the original project site are zoned residentially. The 2.56 acres eliminated from the project site is zoned C -P. Within the main center portion of the parking lot, the Applicant indicates the use of 35 -foot high Date Palms. Staff would note that our Parking Ordinance requires that 50% of the parking lot be shaded within 15 years of planting. As presently shown, Staff feels that this shading requirement would not be complied with. Further study and possibly some revision will be necessary to comply with this requirement. The landscaping plan indicates decorative paving will be utilized at each of the driveway entries to accent and delineate the driveway locations. PCST.088 3 J As previously mentioned, the Applicant shows heavy plantings of trees along the north and west property lines for screening. The Municipal Code requires a six foot masonry wall between commercial and residential properties. Along the west side, adjacent to the market, a wall would be required. As previously mentioned, adjacent to the 2.56 acres which has been deleted from the project, the area is presently zoned commercial. However, it appears that the only practical future use of this commercially zoned property would be an expansion of this shopping center in the future. It is conceivable that this property could be rezoned for residential use. If it is rezoned, then Staff feels that the masonry wall needs to be provided adjacent to this area along the north along the perimeter of the revised commercial site. The wall should be provided at this time unless specific plans for expansion are provided. An alternative would be to provide a bond for this wall, with the wall to be installed if the property is rezoned to residential and not used for commercial purposes. ARCHITECTURAL DESIGN: The architectural design is identical to that previously approved. The project will be Spanish in nature and utilize exterior cement plaster, tile accents, wood trellis, and a multi -color mission clay tile roof. A maximum 50 -foot high Spanish tower structure is shown on the south facing side of shop #2. For the most part, the west and north elevations of the market and the north and west elevations of shop #2 are plain stucco walls. There is some scoring or pop -outs indicated. However, the Applicant's intention is to provide the heavy landscape screen at the property line to screen view of this area. The architecture of this shopping center is very similar to that of the Village at Indian Wells located at the corner of Cook Street and Highway 111. This shopping center was also built by the. Applicant several years ago. No indication of the architecture of the pad buildings has been submitted at this time. It will be necessary for the Applicant to submit plot plan applications for those pad buildings when construction is proposed. DESIGN REVIEW BOARD: The Design Review Board reviewed this item at their meeting of November 4, 1992. There was discussion regarding Staff's recommended Conditions of Approval. The majority of the discussion pertained to additional architectural treatment on the west side of shop #1 and parking lot shading. The Design Review Board recommended approval of the project subject to conditions recommended by Staff. They did amend three of the conditions. Those Conditions of Approval are noted in the draft resolution and deal with additional architectural treatment to the west of shop #l, the stucco finish, and parking lot tree shading. ANALYSIS: The overall concept of the revised plan is acceptable. There are a number of items Staff feels should be noted as follows: PCST.088 4 I . At this time there is excess parking based on all retail uses. As other types of uses are proposed, it will be necessary to re- evaluate the amount of parking available. 2. Because of the existing residential zoning to the north (beyond the deleted area) and west of the project site, the back areas of the project will need to be well designed to minimize adverse conditions (i.e., loading areas, trash areas, delivery traffic, etc.). This necessitates screening of the loading areas, limitations on delivery times, heavy landscaping and shielding of exterior light sources.. 3. The Off- Street Parking section of the Code requires shopping cart parking lot storage areas. This submitted plan does not indicate these at this time. These will need to be provided by Code in a manner which does not interfere with the off - street parking areas. 4. The proposed public art will need to be reviewed and approved as required by Ordinance. 5. The 2.56 acres which has been deleted from the project is presently zoned C -P (general commercial). As it is provided, this area does not lend itself to a separate commercial project. It is located away from the street and does not have direct access to a street. If this site is not used for future expansion of this shopping center, Staff feels that it should be rezoned to residential. 6. Presently the northern portion of this property is part of a larger parcel which continues to the north to the La Quinta Evacuation Channel. A parcel map will need to. be submitted and approved at some time in the near future prior to development of this project. RECOMMENDATION: Staff recommends that Planning Commission approve Amendment #1 to Plot Plan 91 -456, subject to the attached conditions. Attachments: 1. Location map 2. Plan exhibits 3. Comments from various City Departments and agencies. 4. Copy of draft Design Review Board Minutes for November 4, 1992. 5. Draft Conditions of Approval PCST.088 5 H r - CAL L E TA MPICO CASE Na CASE MAP GPA 91 -035 PP 91 -456 CZ 91 -06.3 LOCATION MAP N NTS ORT SCALE: NTS k - MPtRIRL COACHELLA VALLEY POWER DIVISION 81.600 AVENUE 58 • P.O.BOX 1080 *LA OUINTA, CALIFORNIA 92253 -1080 TELEPHONE (619) 398.5811 • FAX (619) 398.5848 PD -DDC November 13, 1992 Mr. Stan Sawa, Principal Planner NOU 1 9 192 City of La Quinta 78 -106 Calle Estado La Quinta, CA 92253 ,N CITY GE � A f�J.?i i A PLANNING DEPARTMENT Dear Mr. Sawa: Subject: PP 91 -456, Amendment No. 1, Koenig Companies, Northwest Corner of Washington Street and Calle Tampico In response to your letter dated October 26, 1992, relating to the above, please note the following: 1. The Imperial Irrigation District will need a ten (10) foot Public Utility Easement (PUE) along the entire eastern and southern perimeters of this project, bordering Washington Street and Calle Tampico. The easement can be incorporated into areas designated for landscape or buffer zones. 2. Other easements will be required to provide electrical service to whatever type of facilities are constructed on the site. The width and location of the easements will be determined upon receipt of final plans for the project. 3. All existing overhead conductors will be replaced with underground conductors at the developer's expense. They will be located in concrete encased duct banks constructed at the developer's expense. The number and size of these duct banks will be determined by the location of the load centers of the development. 4. Transformers and distribution switches will be of the padmount variety and range in height above ground from 36 inches to 72 inches. Details of required clearances around these devices will be furnished at a later date. City of La Quinta -2- November 13, 1992 If you should have any questions regarding this matter or if I might be of some assistance, please advise. TAMPICO.LTR Yours very truly, -//� x 4, 0 � �. THOMAS F. LYONS, JR. Engineer, Senior Coachella Valley Division Y SunLine Transit Agency MEMBER AGENCIES Cathedral City Coachella Desert Hot Springs Indian Wells Indio La Quinta Palm Desert Palm Springs - November 5, 1992 Rancho Mirage Riverside County Mr. Stan Sawa, Principal Planner City of La Quinta P. O. Box 1504 La Quinta, CA 92253 RE: PP91 -456, Amendment #1 Dear Stan: Thank you for allowing SunLine Transit Agency to review the plans for the Koenig Company to be located on the northwest corner of Washington and Calle Tampico. As you know, SunLine Transit Agency operates Line 4 in the vicinity of this project. When the original plans were first submitted to SunLine Transit Agency in 1990, a bus turnout was included in the plans, and located on Calle Tampico close to the intersection with Washington Street. In February 1991, we received plans for this project which were a revision to the project and did not include the bus turnout. SunLine Transit Agency sent a letter to" you dated February 26, 1991 asking that the city reinstate the bus turnout as a condition on the developer. We were under the impression that this had occurred. The plans I have accompanying the Amendment #1, do not include a bus turnout. We again ask the city's cooperation in requesting the developer include a bus turnout on Calle Tampico, close to the intersection of Washington Street. I would suggest that it be located behind Pad A. In addition, we request that a pedestrian walkway be made available from the bus stop into the primary store. Please let me know how I can assist you in this matter. SunLine Transit Agency is more than willing to work with the developer and with the city to design a mutually acceptable stop. Yours very truly, SU INE TRANSIT AGENCY �y Debra Astin Director of Planning DA /n 32.505 Harry Oliver Trail . Thousand Palms, CA 92276 • (619) 343 -3456 • FAX (619) 343.3845 A Public Agency t GLEN J. NEWMAN FIRE CHIEF To: City of La Quinta Planning Division Attn: Stan Sawa Re: Plot Plan 91 -456 RIVERSIDE COUNTY FIRE DEPARTMENT 210 WEST SAN JACINTO AVENUE • PERRIS, CALIFORNIA 92370 (714) 657 -3183 r99 November 2, 1992 This letter supercedes Fire Department letter dated April 2, 1991. 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 Riverside County Fire Department protection standards: 1. The water mains shall be capable of providing a fire f,l,ow of 5000 gpm, and an actual fire flow available from any two adjacent hydrants shall be 2500 gpm for 2 hours duration at 20 psi. 2. A combination of on -site and off -site Super fire hydrants, (6" x 4" x 2 1/2 ") on a looped system, will be located not less than 25' or more than 165' 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. Prior to issuance of building permit applicant /developer shall furnish one blueline copy of the water system plans to the Fire Department for review /approval. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet fire flow requirements. Plans shall be signed /approved by a registered civil engineer and local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 4. The required water system including fire hydrants shall be installed and operational prior to the start of construction. -1- PLANNING DIVISION 0 INDIO OFFICE 0 T B*CULA OFFICE 79.733 Country Club Drive, Suite F, Indio, CA 92201 41002 County Cone Drive, Suite 225, Temecula, CA 92390 (619) 3428886 • FAX (619) 775 -2072 E3 RIVERSIDE OFFICE (714) 694.5070 • FAX (714) 694.5076 3760 12th Seem, Rivaaide, CA 92501 (714) 275..4777 • FAX (714) 369.74S I orinted on recvcled paper To: Planning Division November 2, 1992 Re: PP 91456 Page 2 5. Buildings shall be constructed so that the fire flow required for any individual building or unseparated area does not exceed 3500 gpm• 6. 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 buildings. System plans must be submitted to the Fire Department for review, along with a plan /inspection fee. The approved plans, with Fire Department Job Card must be at the job site for all inspections. 7. If the building is used for high piled /rack storage, the building construction and fire sprinkler system must meet NFPA 231C and Article 81 of the 1991 Uniform Fire Code. 8. Install a supervised waterflow fire alarm system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standard 71. 9. Install a manual pull, smoke detection and voice evacuation fire alarm system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standards 72. 10. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning & Engineering office for submittal requirements. 11. Install panic hardware & exit signs as per Chapter 33 of the Uniform Building Code. 12. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. 13. Install portable fire extinguishers per NFPA, Pamphlet #109 but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 14. Install Knox Lock Boxes, Models 4400, 3200 or 13009 mounted per recommended standard of the Knox company. Plans must be submitted to the Fire Department for approval of mounting location /position and operating standards. Special forms are available from this office for the ordering of the Key Lock Boxes. This farm must be authorized and signed by this office for the correctly coded system to be purchased. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. To: Planning Division Re: PP 91456 November 2, 1992 Page 3 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) 863 -8886. Sincerely, RAY REGIS Chief /Fire Department Planner By Tom Hutchison Fire Safety Specialist imp ","'kAFT Design Review Board Minutes t) November 4, 1992 13. Chairman Harbison asked if the tile accents on the other buildings could be incorporated into the same area instead of the signs. Discussion followed regarding the number of buildings that had a file roof. 14. Following the discussion, Chairman Harbison asked for a vote. VOTE: AYES: Boardmember Rice; NOES: Boardmembers Anderson, Curtis, Wright, Campbell, Planning Commissioner Marrs, Chairman Harbison; ABSENT: None; ABSTAIN: None. It was noted that the request is therefore recommended for denial. B. Sign Application 92 -186; a request of the Auto Club for approval of a sign modification to the sign program at 111 La Quinta Center on the north side of Highway 111 between Washington Street and Adams Street. 1. Principal Planner Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Planning Commissioner Marrs asked if the logo touched the bottom roof tiles. Staff replied it appeared to be touching but is not because the two surfaces are 6 feet apart. Discussion followed regarding the crowding of the logo with the cornice at the top. 3. Mr. Gary Evans, Facilities Construction Planner for the Auto Club, stated their reasons for designing the sign as they did. 4. Following discussion, it was moved by Boardmember Anderson and seconded by Boardmember Rice to approve the signage as recommended subject to centering the sign between the cornice and file roof on the north and south elevations only. Unanimously approved. C. Plot Plan 91 -456; a request of The Koenig Companies to amend a plot plan to reduce the size of a project from 116,600± square feet to 85,650± square feet on 9.25 acres located on the northwest corner of Washington Street and Calle Tampico. 1. Principal Planner Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. DRB11 -4 3 Design Review Board Minutes y November 4, 1992 2. Boardmember Curtis asked if at anytime any potion of the landscaping would become part of the City's Landscaping and Lighting District for City maintenance. Staff replied that it had been the City's policy to have the developer retain the maintenance of commercial projects. 3. Boardmember Anderson asked Staff to clarify Condition of Approval #3 regarding "decorative nature ". Discussion followed as to what Staff's intent was and how to reword the condition. 4. Boardmember Rice inquired if the center had made application to Art in Public Places for any art work. Staff replied this had not been required as of yet. 5. Mr. John Koenig, president of The Koenig Companies, stated the reasons for the reduction in the size and gave a description of the project. He stated he had no objections to Staff's recommendations with the exception of the requirement of Condition #4 for additional architectural treatment on the west side of shop #1. Following discussion as to alternatives, it was decided that a trellis treatment same as that used on the south side of the market would suffice for the present. 6. Mr. Koenig also responded that the reflective pool at the corner of Calle Tampico and Washington Street was being designed to contain a sculpture for their art requirement. He further stated that regarding Condition #3, his intent was to have a smooth lumpy texture as he had done for the project in Indian Wells. 7. The Board discussed with the Applicant the requirement of 50% shading required in the parking lot. All stated the difficulty in obtaining the required 50%. 8. Following discussion, it was moved by Boardmember Curtis and seconded by Boardmember Anderson to recommend to the Planning Commission approval of the project subject to Staff's recommendations and with the following modifications: Condition #3: "shall be of an appropriate finish approved by the Design Review Board". Condition #4: Add - "To install a trellis on the west elevation of Shop DRB11 -4 4 Design Review Board Minutes November 4, 1992 Condition #6: Add - "This includes the requirement for 50% shading of the parking lot area subject to Staff approval." Unanimously approved. Boardmember Curtis asked to be excused for a previous appointment. D. Specific Plan 92 -022 and Plot Plan 92 -456; a request of E.F.P. Corporation to establish development standards for a future shopping center proposed for the northwest corner of Highway 111 and Jefferson Street. A request to develop a 253,400 square foot commercial shopping center on ±20 acres. 1. Principal Planner Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Michael Hurst, architect for the project, gave a review of the project. 3. Boardmembers questioned the architect on various issues such as -the stained glass, the shell structure material, awnings material and colors, the neon bars, and the access entries off Jefferson Street. 4. Mr. Ed Carnes, Vice President E.F.P. Corporation, explained to the Board the reason for the redesign of the driveways. 5. Boardmember Wright asked the architect to explain the interior floor treatment in the arcade area. Mr. Hurst replied it was to be of an outdoor patio environment, air conditioned and planted to resemble a tropical oasis. Discussion followed as to the concern regarding the environmental problems this could cause. 6. Boardmember Campbell asked if the applicant had any signage plans. Mr. Hurst stated each tenant would be separate and there would be a directory on the interior for each of the tenants. 7. Mr. Carnes addressed the Board regarding the type of factory outlet tenants that would be sought after. 8. Boardmember Anderson expressed his concern that the design of the architecture lacked continuity and was not similar in architecture to what he envisioned to be the image of La Quinta. He felt the project should be traditional or more southwestern or Spanish in design. DRB11 -4 1 5 CONDITIONS OF APPROVAL PLOT PLAN 91 -456 - AMENDMENT #1 NOVEMBER 24, 1992 * Amended by Planning Commission 4 -28 -92 ** Amendment #1 GENERAL 1. The development of the property shall be generally be in conformance with the exhibits contained in the file for PP 91 -456, Amendment #1, unless amended otherwise by the following conditions. 2. The approved plot plan shall be used within one year of the final approval date (November 24, 1991); 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 until completion. A one year time extension may be requested as permitted by Municipal Code. 3. There shall be no outdoor storage or sales displays without specific approval of the Planning Commission. * *4. All exterior lighting shall be shielded and directed so as not to shine directly on surrounding adjoining properties or public rights -of -way. Alternative parking lot lighting plans utilizing light pole standards varying in height from 20 feet to 35 feet shall be submitted to the Planning Director for review and approval prior to issuance of a building permit. Light standard type and height with recessed light source shall also be reviewed and approved by the Planning Director. Exterior lighting shall comply with Outdoor Light Control Ordinance and off - street parking requirements. * *5. Adequate trash enclosures shall be provided for all structures and provided with opaque metal doors. Plans for trash enclosures to be reviewed and approved by the Planning Director prior to issuance of a building permit. Applicant shall contact local waste management company to insure that enclosure size is adequate. Should recycling be required, recycling bins with enclosure shall be provided to the satisfaction of the Planning and Development Director. * *6. Six foot high decorative masonry wall shall be provided adjacent to north and west property lines except within ten feet of street right -of -way line where wall shall be reduced in height to 30 inches. Adjacent to 2.56 acre "not a part" area Applicant may bond to insure installation of wall. Wall to be installed if and when "not a part" area is rezoned to non- commercial zone. If used for expansion of center wall shall be installed CONAPRVL.009 1 Conditions of Approval PP 91 -456 April 28, 1992 on west and north boundary of "not a part" area. Temporary fencing or screening may be required by the Planning and Development Director if wall is bonded for. 7. Handicapped parking spaces and facilities shall be provided per Municipal Code and State requirements. 8. As required by the General Plan, Applicant shall provide noise study by qualified engineer to determine impacts on surrounding residential zones and uses. Noise study shall suggest mitigation measures which City can require. 9. Screen wall height adjacent to loading docks shall be determined by required Noise Study. Should noise problems from use of loading areas arise, Planning Commission shall retain the right to limit the hours of loading and unloading. Surrounding property owners and residents which could be affected by noise shall be notified of Planning Commission consideration of limitations on delivery hours. 10. The project shall comply with all existing off street parking requirements' including but not limited to shading of parking lot areas, shopping cart storage, and bicycle parking spaces. * *11. Decorative screen walls provided adjacent to street shall be high enough to screen parking lot surface and majority of parked cars from view of street. Determination, location, design, and of height of walls shall be made after review of landscaping and grading plans by City. 12. Landscaping planters along the north and west property lines shall be provided at maximum width possible with all unusable areas adjacent to property lines provided in landscaping. 13. The project shall comply with applicable Arts in Public Places Ordinance. 14. Meandering six foot wide sidewalk shall be provided on Calle Tampico. On Washington Street the sidewalk shall be a meandering 8 foot sidewalk with sidewalk not touching curb at any point except at driveways and intersection of Washington Street and Calle Tampico. * *15. Tower structures shall be a maximum 50 foot height from finish grade. 17. Prior to issuance of grading or building permits whichever occurs first, a parcel map or lot line adjustment shall be approved and recorded to separate subject property from properties to the north. CONAPRVL.009 2 Conditions of Approval PP 91 -456 April 28, 1992 18. The City shall retain a qualified archaeologist, with the Developer to pay costs, to prepare a mitigation and monitoring plan for artifact location and recovery. Prior to archaeological studies for this site as well as other unrecorded information, shall be analyzed prior to the preparation of the plan. 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: 1) identify the means for digging test pits; 2) allow sharing the information with the CVAS; and 3) provide for further testing if the preliminary result 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 the 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 on the r 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 areas 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. * *19. Prior to issuance of a building permit for construction of any building or use contemplated by this use, the Applicant shall obtain permits or clearances from the following agencies: CONAPRVL.009 3 Conditions of Approval PP 91 -456 April 28, 1992 o City Fire Marshal o City of La Quinta Public Works Department o City of La Quinta Planning & Development Department o Coachella Valley Water District o Desert Sands Unified School °District o Imperial Irrigation District o California Regional Water Quality Control Board (NPDES Permit) Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building Department at the time of application for a building permit for the proposed project. 20. Provisions shall be made to comply with the terms and requirements of the City adopted infrastructure fee program in affect at the time of issuance of building permits. 21. Final landscaping plans shall include approval stamps and signatures from the Riverside County Agricultural Commissioners office and Coachella Valley Water District. 22. Bus turnout and bus waiting shelter shall be provided as requested by Sunline Transit when street improvements are installed. 23. Prior to issuance of any grading permits, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire site which shall be for the purpose of wind and erosion and dust control. The land owner shall institute blow sand and dust control measures during grading and site development. These shall include but not be limited to: a.) use of irrigation during construction and grading activities; b.) areas not constructed on. during first phase shall be planted in temporary ground cover or wildflowers and provided with temporary irrigation system; and c.) provision of wind breaks or wind rolls, fencing, and or landscaping to reduce the effects upon adjacent properties and property owners. The landowner shall comply with requirements of the Directors of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily while being used to prevent emission of dust and blow sand. * *24. Construction shall comply with all local and State Building Code requirements in effect at time of issuance of building permit as determined by the Building Official. 25. Prior to issuance of a grading permit, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval which must be satisfied prior to issuance of a building permit. Prior to a final building inspection approval, the Applicant shall prepare and submit a CONAPRVL.009 4 Conditions of Approval PP 91 -456 April 28, 1992 written report demonstrating compliance with all remaining conditions of approval and mitigation measures. The Planning and Development Director may require inspection or other monitoring to assure such compliance. 26. If shopping carts are stored outside, they shall be screened from view of the parking lot in a manner which is approved by the Planning and Development Director. 27. A parking lot striping plan including directional arrows, stop signs, no parking areas, and parking spaces shall be approved by Planning and Development and Engineering Departments prior to issuance of a building permit. All roof equipment shall be screened from view by parapet was of building or other architecturally matching materials. Construction of pad buildings shall be subject to approval of a non - public hearing plot plan and approval by the Planning Commission. 28. All compact spaces shall be clearly marked "compact cars only ". 29. That all conditions of the Design Review Board shall be complied with as follows: A. A detailed complete sign program shall be approved by the Design Review Board prior to completion of the construction of the shopping center. The sign program shall include any identification signs for the shopping center. B. The architecture, materials, and colors of the pad buildings shall be architecturally compatible, (i.e., identical architecture, materials, and colors) with the main shopping center buildings. C. Cement plaster texture used on the buildings shall be of a decorative nature. D. Additional architectural treatment including a tile roof shall be provided around the west side of shop #1. Revisions shal1 be approved by the Design Review Board prior to issuance of a building permit. E. Between the street curbs and meandering sidewalks, no lawn shall be used within 5 -feet of the street curb. Irrigation systems between the curb and sidewalk or lawn shall be bubbler or emitter type (no spaghetti tubing). F. The landscaping shall comply with the requirements as indicated in the Off - Street Parking Requirements. This includes the requirement for 50% shading of the parking lot area. CONAPRVL.009 5 Conditions of Approval PP 91 -456 April 28, 1992 G. The Off - Street Parking Requirements also require established shopping cart return areas. These will have to be provided on the site. H. A preliminary landscaping plan indicating specific tree, shrub, and ground cover (including sizes) shall be reviewed and approved by the Design Review Board prior to preparation of final landscaping plans. Landscaping to be water efficient and utilize drip or emitter irrigation (no spaghetti tubing) as much as possible. Along the south or front side of shop #2, planting areas shall be provided. I. Landscaping adjacent to the northern and western property lines shall be heavily planted to provide screening and buffering with the adjacent residentially zoned properties. J. Additional tree wells and canopy trees shall be provided in the following areas: 1. In the 8- parking space area west of shop #1. 2. In the two 14 -space parking areas between pads "B" & "C ". . 3. In the 12- parking space area between pads "C" & "D". K. Planting, mounding, and walls shall be provided in such a manner to provide screening of parking lot area from perimeter streets. L. Decorative driveway pattern and colors shall be approved within final working plans. CITY FIRE MARSHAL 30. The water mains shall be capable of providing a fire flow of 5000 gpm and an actual fire flow available from any two adjacent hydrants shall be 2500 gpm for two hours duration at 20 psi: * *31. A combination of on -site and off -site Super fire hydrants, on a looped system (6" X 4" X 2- 1/2 "), 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. 32. Prior to issuance of building permit Applicant/Developer shall furnish one blueline copy of the water system plans to the Fire Department for review /approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed /approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." CONAPRVL . 009 6 Conditions of Approval PP 91 -456 April 28, 1992 * *33. The required water system including fire hydrants shall be installed and accepted by the Coachella Valley Water District prior to the start of construction. 34. Buildings shall be constructed so that the fire flow required for any individual building or unseparated area does not exceed 3500 gpm. 35. 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. The approved plans, with the Fire Department job card must be at the job site for all inspectors. 36. If the building is used for high piled /rack storage, the building construction and fire sprinkler system must meet NFPA 231C and Article 81 of the 1991 Uniform Fire Code. 37. Install a supervised waterlow fire alarm system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standard 71. 38. Install a manual pull, smoke detection and voice evacuation fire alarm system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standards 72. 39. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning and Engineering office for submittal requirements. 40. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. 41. Prior to final inspection of any building, the Applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. 42. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1OBC in rating. Contact certified extinguisher company for proper placement of equipment. 43. Install Knox Lock Boxes, Model 4400, 3200, or 1300, mounted per recommended standard of the,Knox Company. Plans must be submitted to the Fire Department for approval of mounting location /opposition and operating standards. Special forms are available from this office for the ordering of the Key Lock Boxes. This form must be authorized and signed by this office for the correctly coded system to be purchased. CONAPRVL.009 7 Conditions of Approval PP 91 -456 April 28, 1992 44. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 45. 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. 46. All questions regarding the meaning of these conditions should be referred to the Fire . Department Planning and Engineering Staff at (619) 863 -8886. ENGINEERING DEPARTMENT: * *47. The Applicant shall dedicate public street right -of -way and utility easements in conformance with the City's General Plan, Municipal Code, applicable Specific Plans if any, and as required by the City Engineer, as follows: A. Washington Street - Major Arterial, 60 foot half width; the Washington Street Specific Plan applies; B. Calle Tampico - Primary Arterial, 50 foot half width; the Calle Tampico Specific Alignment applies; Applicant shall execute right -of -way conveyance documents and return them to the City within 30 days after they are furnished to the Applicant by the City. The Applicant shall dedicte any easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. The Applicant shall acquire an easement for the portion of the north Washignton Street. access drive encroaching to the north of the property subject to this plot plan. The design of the tract shall not cause any change in flood boundaries, levels or frequencies in any area outside the tract. 48. The Applicant shall vacate vehicle access rights to Calle Tampico and Washington Street from the site except as specifically provided in these Conditions of Approval. * *49. Access locations to the site and the character of the turning movements at those locations shall be as follows unless otherwise approved by the City Engineer: A. Washington Street (approximately 440 feet north of Calle Tampico centerline), the driveway shall be 30 feet wide with the turning movements limited to right turn in and out. only. CONAPRVL.009 8 Conditions of Approval PP 91 -456 April 28, 1992 B. Washington Street (750 feet north of the Calle Tampico centerline), the driveway shall be 42 feet (16'- 12' -14') wide with no restrictions placed on the turning movements. If this drive is to function as a shared- access drive for the property to the north of this plot plan, the Applicant shall redesign the drive to accommodate traffic from that property. The design shall meet the approval of the property owner to the north and the City Engineer. If the Applicant elects not to construct a shared- access drive, the Applicant shall redesign the drive to prevent vehicular access to the property to the north. C. Calle Tampico (the driveway shall align with the Civic Center driveway), the driveway shall be 42 feet (16'- 12' -14') wide with no restrictions placed on the turning movements. D. Calle Tampico (the west edge of the driveway shall be 5 feet east of the west site boundary), the driveway shall be 30 feet wide with turning movements limited to right turn in and out only. 50. The Applicant shall provide a fully improved landscaped setback lot of noted width adjacent to the following street right -of- way(s): A. Calle Tampico, 20 feet wide; B. Washington Street, 20 feet wide. 51. The Applicant shall form a merchant's association and obligate the association with the fiscal and operational maintenance responsibility for the maintenance and continued upkeep of the landscape setback lot and parkway area adjacent to the roadway along the segments of Calle Tampico and Washington Street that are contiguous to the site boundary. As an alternative, the Applicant may choose to maintain the above areas. * *52. Landscape and irrigation plans for landscaped lots, common retention basins and park facilities shall be prepared by a licensed landscape architect. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor - mounted equipment. The Applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above - ground utility structures. Landscape and irrigation plans shall meet the requirements of and be signed by the Planning Director, the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. CONAPRVL.009 9 Conditions of Approval PP 91 -456 April 28, 1992 53. Applicant shall construct, or enter into agreement to construct, the site grading, off -site public improvements and on -site common area improvements before the issuance of a site grading permit. Applicant shall pay cash, in lieu of and equivalent to the respective construction cost, for those improvements which involve fair -share responsibility that must be deferred until the full complement of funding is available. Payment of cash in lieu of construction may be deferred to a future date mutually agreed by the Applicant and City Engineer, provided security for said future payment is posted by Applicant. 54. The on -site grading plan shall be prepared by a register civil engineer and approved by the City Engineer prior to issuance of the grading permit. * *55. The Applicant shall retain a California registered civil engineer or geotechnical engineer, or surveyor, as appropriate, or designate one who is on the Applicant's staff, to exercise sufficient supervision and quality control during grading of the site and construction of the improvements to insure compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the Applicant and charged with the compliance responsibility shall make the following certifications upon completion of construction: A. All grading and improvements were properly monitored by qualified personnel during construction for compliance with the plans, specifications, applicable codes, and ordinances and thereby certify the grading to be in full compliance with those documents. B. The finished building pad elevations conform with the approved grading plans. * *56. The Applicant shall design and construct a storm drainage system to the satisfaction of the City Engineer. If the Applicant elects to participate in a regional storm drainage system, the Applicant shall pay a fair -share cost of the regional system as determined by the City. If the regional system is not yet available when this parcel develops, Applicant shall design and construct interim facilities capable of storing or carrying the flows determined through the study required in Condition No. 52 herein. If the Applicant elects or is required to utilize permanent on -site facilities, those facilities shall comply with the following requirements. Storm water run -off produced in 24 hours by a 100 year storm shall be retained on site in landscaped retention basin(s) designed for a maximum water depth not to exceed six feet. The basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless the Applicant provides site - specific data that indicates otherwise. Other requirements include, but are not limited to, a grassed ground surface with permanent irrigation improvements, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. CONAPRVL.009 10 Conditions of Approval PP 91 -456 April 28, 1992 57. The Applicant shall have a focused master drainage plan prepared by a registered civil engineer. to determine what storm water disposal facilities are needed to protect the site from flooding by off site storm water. If the drainage study recommends the construction of off site storm water disposal facilities, the Applicant shall participate in the cost of the facilities, on a fair share basis. The tributary area to be studies includes all tributary land south of the La Quinta Evacuation Channel, east of the Bear Creek Channel and west of Washington Street. 58. If the Applicant utilizes a permanent on -site stormwater retention basin, the Applicant shall install a trickling sand filter and leach field in the retention basin to percolate nuisance water in conformance with requirements of the City Engineer. The sand filter and leach field shall be sized to percolate 160 gallons per' day per 5000 s.f. of landscaping. 59. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with grading plan. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and /or the engineering geologist must certify to the adequacy of the grading plan. A statement shall appear on the final subdivision map that a soils report has been prepared for the tract pursuant to Section 17953 of the Health and Safety Code. * *60. The Applicant shall complete improvements to streets fronting the development site. This may include work beyond the site boundaries to provide a finished product that conforms with City standards and practices. The Applicant shall reimburse the City for the City's cost of improvements to the Applicant's half of . Washington Street and Calle Tampico fronting the site of this development. This requirement may be supplanted by other arrangements mutually acceptable to the Applicant and the City. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: A. OFF -SITE STREETS 1. Washington Street ( Calle Tampico to northerly boundary of site) - Install half -width Major Arterial, refer to La Quinta General Plan Figure VII -2. 2. Calle Tampico (Washington Street to westerly boundary of site) - Install half -width Primary Arterial (100 feet right -of -way option) refer to La Quinta General Plan Figure VII -2. CONAPRVL.009 11 Conditions of Approval PP 91 -456 April 28, 1992 61. The Applicant shall participate in the cost, noted as follows, of designing and installing traffic signals at the following locations: A. Washington Street at Calle Tampico, 25% cost participation. B. Calle Tampico, approximately 550 feet west of Washington Street, 50% cost participation. C. Washington Street, approximately 750 feet north of Calle Tampico, 100% initial cost participation subject to 50% reimbursement when adjacent property to north develops. 62. The Applicant shall construct meandering sidewalk in the parkway and landscaped setback lot along Calle Tampico (6 feet wide) and Washington Street (8 feet wide). * *63. The Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. 64. The Applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the Coachella Valley Water District for review and comment with respect to the District's Water Management Program. 65. All existing and proposed electric power lines with 12,500 volts or less, and are adjacent° to the proposed site or on -site, shall be installed in underground facilities. 66. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by the Applicant shall provide certified reports of soil compaction tests for review, by the City Engineer. 67. The site shall be graded in a manner that permits storm flow in excess of the retention basin capacity, caused by a storm event greater than the 100 year 24 hour event, to flow out of the tract through a designated emergency overflow outlet and into the historic drainage relief route. Similarly, the tract shall be graded in a manner that anticipates receiving storm flow from adjoining property at locations that have historically received flow for those occasions when a storm greater than the 100 year 24 hour event occurs. 68. The Applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fe amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. 69. The Applicant shall design and construct the parking lot in accordance with the La Quinta Municipal Code Off - Street Parking Ordinance. If the pad locations are proposed to be utilized by eating establishments, the Planning Commission during Plot Plan review shall CONAPRVL.009 12 Conditions of Approval PP 91 -456 April 28, 1992 consider whether adequate off - street parking exists. If it is determined that additional parking is needed, the Planning Commission may require an unused pad to be converted to off - street parking. * *70. Grading, drainage, street, lighting, landscaping & irrigation, park, gate, and perimeter wall plans are not approved for construction until they have been signed by the City Engineer. * *71. The City is contemplating adoption of a quality- assurance program for privately - funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, the Applicant shall fully comply with the quality- assurance program. If the quality- assurance program has not been adopted, the Applicant shall adopt a construction quality- assurance program which meets the approval of the City Engineer. * *72. The Applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have his or her agents provide, sufficient supervision and verification of the construction to be able to furnish and sign as -built drawings and certify compliance of all work with approved plans, specifications and applicable codes. * *73. Upon completion of construction, the Applicant shall furnish the City reproducible as- built drawings of all grading and improvements except water and sewer. Each sheet of the drawings shall have the words "As- Built" or "As- Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the as- built condition. PUBLIC UTILITIES (IMPERIAL IRRIGATION DISTRICT): * *74. The Imperial Irrigation District will need a ten (10) foot Public Utility Easement (PUE) along the entire eastern and southern perimeters of this project, bordering Washington Street and Calle Tampico. The easement can be incorporated into areas designated for landscape or buffer zones. * *75. Other easements will be required to provide electrical service to whatever type of facilities are constructed on the site. The width and location of the easements will be determined upon receipt of final plans for the project. * *76. All existing overhead conductors will be replaced with underground conductors at the developer's expense. They will be located in concrete encased duct banks constructed at the developer's expense. The number and size of these duct banks will be determined by the location of the load centers of the development. CONAPRVL . 009 13 Conditions of Approval PP 91 -456 April 28, 1992 * *77. Transformers and distribution switches will be of the padmount variety and range in height above ground from 36 inches to 72 inches. Details of required clearances around these devices will be furnished at a later date. CONAPRVL.009 i 14 NOTICE IS Commission p.m. in the Estado, on ITEMS: APPLICANT: CITY OF LA QUINTA PLANNING COMMISSICIPLE cupw TILE OF PUBLIC HEARING HEREBY GIVEN that the City of La Quinta Planning will hold a PUBLIC HEARING on November 24,' 1992, at 7:00 La Quinta City Hall Council Chambers, 78 -105 Calle the following item: PLOT PLAN 91 -456, AMENDMENT #1 FIRST EXTENSION OF TIME THE KOENIG COMPANIES LOCATION: NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO REQUEST: AMENDMENT TO PLOT PLAN TO REDUCE SIZE OF PROJECT FROM 116,600 SQ. FEET TO 85,650 SQ. FEET ON 9.25 ACRES (REDUCED FROM 11.8) VICINITY MAP M M'NWAY ttt Q 60TH. A C N N CALLE TA1PICO o+e W OURVM LEGAL: A PORTION OF THE SOUTH HALF OF THE NORTHWEST PORTION OF SECTION 6, T6S, R7E, SBBM The La Quinta City Council has previously completed and adopted a Negative Declaration on the original project. Based on that action the Planning & Development Director has determined that no further documentation is deemed necessary. Any person may submit written comments on the amendment to the Planning and Development Department prior to the Hearing and /or may appear and be heard in support of or opposition to the amendment at the time of the Hearing. If you challenge the decision of the Council 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 project 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. In the City's efforts to comply with the requirements of Title II of the Americans With Disabilities Act of 1990, the Planning & Development Department requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the Planning and Development Department a minimum of 72 hours prior to the scheduled meeting. ATTRT.TgTJ r)MrV r)M Mr)A7:MnPP 1A 1 QQ7 -AWV DATE: CASE NO: APPLICANT: ARCHITECT: REQUEST: LOCATION: BACKGROUND: STAFF REPORT DESIGN REVIEW BOARD NOVEMBER 4, 1992 PLOT PLAN 91 -456, AMENDMENT #1 THE KOENIG COMPANIES THE NADEL PARTNERSHIP, INC. C FRE Con AMENDMENT TO PLOT PLAN TO REDUCE SIZE OF PROJECT FROM 116,600± TO 85,650± SQUARE FEET ON 9.25 ACRES. NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO. This project was originally approved in April, 1991. The project approved at that time consisted of a 116,600± square foot shopping center on an 11.8 acre site. The approved project consisted of a supermarket, drug store, retail shops, and four pad buildings. In addition to the plot plan application, a general plan amendment and change of zone were also approved by the City Council in April, 1991, to allow the project. REVISED SUBMITTAL: The Applicant has scaled back the size of the project. The land area has been reduced to 9.25 acres by eliminating a portion of the northwest corner of the site. The Applicant has deleted the drug store and some of the retail shop area from the plan. This reduction amounts to approximately 31,000 square feet of floor space. The Applicant has submitted a preliminary site plan, conceptual landscaping plan and preliminary elevations for the market building, shop buildings #1 and #2 and pad "C ". A sign program has not yet been submitted. However, general signage for the supermarket and shop buildings is indicated on the elevations. A material sample board, colored elevation, and site plans have been submitted and will be available at the meeting. STAFF ANALYSIS: The architecture of this revised shopping center is similar to the originally approved shopping center and also to the Village at Indian Wells shopping center located at the southwest corner of Cook Street and Highway 111. The Indian Wells shopping center was also developed by this Applicant several years ago. DRBST.065 1 1: t � �� er ,: �.�,� � L The shopping center is Spanish in nature and would utilize exterior cement plaster, ceramic file accents, several wood trellis, and a three color blended clay file roof. There would be one tower structure located in the center of shop building #2 facing south. Architectural treatment to all sides of Pad "C" and the east and south side of shop building #2, and the east and south side of the market and shop building #1 is provided. Along the store fronts except for a small portion of the market, are provided with covered walkways. Along the north and west perimeter shop building #2 and along the northern and western perimeter, adjacent to the market, the Applicant indicates that trees will be provided to screen those sides of the building. Staff feels that on the west side of shop building #1, which is attached to the market, additional architectural treatment is necessary since that wall will be readily visible to traffic coming from the Cove area on Calle Tampico and from the Civic Center site. The Applicant has submitted a conceptual landscaping plan showing tree types and locations and shrub and flowering ground cover areas. At the intersection of Calle Tampico and Washington Street, a reflection pond with boulders surrounded with flowering accent trees is indicated. At the main driveway entry on Calle Tampico and Washington Street, Date Palms alternating with smaller canopy trees are shown lining the driveways. Along the northern and western perimeter, the Applicant indicates a tree screen consisting of bottle trees for screening purposes. Along the street perimeters, adjacent to buildings Mexican Fan Palms are shown with a mixture of Fan Palms and canopy trees shown in those areas adjacent to parking lots. Within the center portion of the parking lot area, the Applicant's plan indicates 35 -foot high Date Palms. The City Ordinances require that 50% of the parking lot be shaded through the use of trellis structures or trees. Generally speaking, Palm Trees do not provide significant shade unless grouped in grove masses. The final plan will have to reflect that requirement. Staff feels that additional trees are necessary along the perimeter parking areas to provide adequate shading. Staff feels that in the following areas additional trees provided in a well are necessary. Those areas are as follows: 1. The 8 parking space area to the west of shop #1. 2. The two 14 space parking areas between pad "B" and "C". 3. The 12 space parking area between pad "C" and "D". At this time in front of shop #2 which faces south, no landscaping is indicated. Staff feels that some landscaping is necessary in this area. Decorative driveway paving is shown at the Four driveway entries on the plan. No detail of the style is shown. During the previous approval, it was required that an 8 -foot meandering sidewalk be provided on Washington Street and a 6 -foot meandering sidewalk be provided on Calle Tampico. These have not been shown on the submitted plans and will need to be shown during the next landscape review. Staff would recommend that the following conditions be considered. DRBST.065 2 1. A detailed complete sign program shall be approved by the Design Review Board prior to completion of the construction of the shopping center. The sign program shall include any identification signs for the shopping center. 2. The architecture, materials, and colors of the pad buildings shall be architecturally compatible, (i.e., identical 'architecture, materials, and colors) with the main shopping center buildings. 3. Cement plaster texture used on the buildings shall be of a decorative nature. 4. - Additional architectural treatment including a tile roof shall be provided around the west side of shop #1. Revisions shall be approved" by the Design Review Board prior to issuance of a building permit. 5. Between the street curbs and meandering sidewalks, no lawn shall be used within 5 -feet of the street curb. Irrigation systems between the curb and sidewalk or lawn shall be bubbler or emitter type (no spaghetti tubing). 6. The landscaping shall comply with the requirements as indicated in the Off - Street Parking Requirements. This includes the requirement for 50% shading of the parking lot area. 7. The Off -Street Parking Requirements also require established shopping cart return areas. These will have to be provided on the site. 8. A preliminary landscaping plan indicating specific tree, shrub, and ground cover (including sizes) shall be reviewed and approved by the Design Review Board prior to preparation of final landscaping plans. Landscaping to be water efficient and utilize drip or emitter irrigation (no spaghetti tubing) as much as possible. Along the south or front side of shop #2, planting areas shall be provided. 9. Landscaping adjacent to the northern and western property lines shall be heavily planted to provide screening and buffering with the adjacent residentially zoned properties. 10. Additional tree wells and canopy trees shall be provided in the following areas: a. In the 8- parking space area west of shop #1. b. In the two 14 -space parking areas between pads "B" & "C ". C. In the 12- parking space area between pads "C" & "D ". 11. Planting, mounding, and walls shall be provided in such a manner to provide screening of parking lot area from perimeter streets. 12. Decorative driveway pattern and colors shall be approved within final working plans. DRBST.065 3 RECOMMENDATION: Staff recommends that the Design Review Board review the plans in light of the above comments and recommended conditions and if deemed acceptable, recommend approval to the Planning Commission subject to conditions. Attachments: 1. Location map 2. Plot plan, elevation, and landscaping plans DRBST.065 4 4b CA L L E TA SIP /CO - ` - a CASE MAP CASE Nm GPA 91 -035 PP 91 -456 CZ 91 -063 LOCATION MAP P N N'T $ GORDON ERICKEN & ASSOCIATES CONSULTING. ACOUSTICAL and ENERGY ENGINEERS May 5, 1994 Prepared b Gor h- Bricken President /mmb A C O U S T I C A L D►n JUL CITY OF UX CUINTA PLANNING DEPARTMENT A N A L Y S I S Prepared for: 94/212 MR. TAB JOHNSON LA QUINTA VILLAGE PARTNERSHIP 796 Ninth Street San Pedro, California 90731 1621 East Seventeenth Street, Suite K • Santa Ana, California 92701 • Phone (714) 835 -0249 FAX (714) 835 -1957 1 i R A L P H S M A R K E T C I - - - - T Y - - - - O - - F - - L - - A - - Q U I - - - - - - N - - T A - - - - Prepared for: 94/212 MR. TAB JOHNSON LA QUINTA VILLAGE PARTNERSHIP 796 Ninth Street San Pedro, California 90731 1621 East Seventeenth Street, Suite K • Santa Ana, California 92701 • Phone (714) 835 -0249 FAX (714) 835 -1957 1 i i ;�►, �,.. . J 94/212 GORDON BRICKEN & ASSOCIATES CONSULTING ACOUSTICAL and ENERGY ENGINEERS S U M M A R Y The analysis has been completed to determine the noise exposure and the necessary mitigation measures for the proposed Ralphs Market located -at Calle Tampico and Washington Streets in the City of La Quinta. A detailed list of recommendations and requirements is given in the following summary. Details are discussed in the body of the report. A. NOISE IMPACTS Some activities in the alley north and -west of Ralphs can produce noise levels which will exceed the noise limits established in the General Plan by as much as 20 dBA. These sources are primarily the line and delivery truck operations, truck mounted refrigeration equipment, and some building mechanical equipment. B. PROPOSED MITIGATION Mitigation consists of a combination of specifications, sound barriers, and operational controls. The list is as follows: 1. Select air conditioning units with a rating of SR = 8.5 or less. 2. Prohibit any external equipment mounting on the north or west sides of the building. 3. Post signs at the vicinity of the loading doors reading: "NO HORN BLOWING ". 1621 East Seventeenth Street, Suite K • Santa Ana, California 92701 • Phone (714) 835 -0249 FAX (714) 835 -1957 2 94/212 4. Keep all loading doors closed unless loading or unloading is in progress. 5. No storage of refrigerated trailers in the docks with compressors operating. 6. No building vents on west or north sides unless equipped with acoustical louvers. 7. Prohibit operation of truck refrigeration equipment when trucks are parked in alley. Post accordingly. 8. Post internally on docks that radio use and paging are to be curtailed while the dock doors are open. 9. Post internally that outside docks are not to be used as break areas and excessive talking on the docks is discouraged. 10. Locate trash compactor power units inside building. 11. Erect a two foot wall alongside the loading station parking well (please see Exhibit 4). 12. Erect a 15 foot wall alongside the loading station area as shown on Exhibit 4. 13. Post no parking signs at all areas in the alley except where the 15 foot wall is located. 14. Install acoustical louvers on building outlets from any refrigeration room. 3 94/212 GORDON BRICKEN & ASSOCIATES CONSULTING ACOUSTICAL and ENERGY ENGINEERS 1.0 INTRODUCTION This report presents the results of a noise impact and design study of the proposed Ralphs Market project located in a new shopping center at the intersection of Washington Street and Calle Tampico in the City of La Quinta.. The site is located on Exhibit 1 -- Site Location Map. This report is prepared in response to Conditions 8 and 9 of the Conditions of Approval for Plot Plan 91 -456. Condition 8 reads as follows: "As required by the General Plan, the applicant shall provide a noise study by a qualified engineer to determine the impacts on the surrounding residential . zones and uses. The noise study shall suggest mitigation measures which the City can require." Condition 9 reads as follows: "The screen wall height adjacent to the loading docks shall be determined by the required noise study. Should the noise problems from the use of the loading areas arise, the Planning Commission shall retain the right to limit the hours of loading and unloading. Surrounding property owners and residents which could be affected by noise shall be notified of the Planning Commission consideration of the limitations on delivery hours." The adjacent land uses are as follows: North...... Vacant residentially zoned land. East....... Vacant residentially zoned land. South ...... Calle Tampico West....... Vacant residentially zoned land. 1621 East Seventeenth Street, Suite K Santa Ana, California 92701 Phone (714) 835 -0249 FAX (714) 835 -1957 4 94/212 2.0 APPLICABLE NOISE STANDARDS The planning staff of the City of La Quinta has indicated that the applicable noise limit for the project for residential uses is given in Table 1. TABLE 1 ALLOWED RESIDENTIAL NOISE LIMITS(') Exterior 60 dBA CNEL Interior 45 dBA CNEL (1) Please see NOISE RATING METHODS contained in Appendix 1 for a complete explanation of acoustical terminology. 3.0 EXISTING NOISE LEVELS The site was visited on April 22, 1994. A measurement was conducted about 11:30 A.M. of the ambient sound levels. The measurement chart is shown on Exhibit 2. The location was at the northwest corner of the proposed shopping center site. This places it 750 feet from Washington Street and 400 feet from Calle Tampico. This location is where the center and residential property lines are common. the average sound level was 41 dBA. It is estimate that the existing CNEL level (basically the 24 hour average sound level) is about 45 dBA CNEL. 4.0 DESIGN NOISE LEVELS 4.1 LOADING /UNLOADING The site layout is shown on Exhibit 3. There is a single loading station on the west side of the Ralphs building. The loading station consists of a recessed pit into which trucks will back. When trailer trucks are situated in the pit, the rear of the trailer will mate to an opening in the enclosed dock area. Hence, during unloading, all activity will occur either inside the dock or inside the trailer. The loading station has a capacity of two trailer trucks. 5 94/212 The loading station is 40 feet from the west property line and 220 feet from the north property line (as measured from the face of the dock). There are two types of truck operations, which are: (1) Line haul tractor - trailers, and (2) Medium size delivery trucks. Periodically, tractor - trailer combinations deliver to a store. In the case of Ralphs, these deliveries are usually by equipment that is owned by the market chain and are quite often produce deliveries. The sequence of operation would be as follows: (1) The tractor - trailer will enter the shopping center from Calle Tampico and proceed to the alley west of the market. (2) They will drive alongside the market in the alley to a point north of the loading station and stop. The driver will exit and open the trailer doors. (3) The trailer truck will be backed into the ramp and mated to the building opening. A mating collar or cuff is used to seal the opening around the trailer and building. The engine is shut down. The on -board refriger- tion equipment, if any, is usually left opera- ting. The truck engine is usually shut off, although this is not always the case. (4) The trailer will be unloaded. This may take an hour or so. (5) Following unloading, the truck is restarted if needed. The on -board refrigeration equipment is restarted if required. (6) The truck pulls north up the ramp and stops. The trailer doors are closed. The truck proceeds north to the property line, turns east and exists into the shopping center parking lot. The second type of delivery is from suppliers of various beverages, prepacked snack products, and other consumables. Examples are beer, soft drinks, and potato chips. These deliveries are by either small tractor - trailer combinations, bob -tail trucks, or special side A 94/212 loading beverage trucks. Most frequently, they unload in an area adjacent to a dock and transport the supplies by hand cart or hand pallet into the store warehouse. The trucks may or may not be left running. In these cases, noise comes mainly from the truck engines, personnel talking, and pallet movement. The most likely route of these trucks is the same as the tractor - trailer combinations. The actual unloading operation for the tractor - trailers is handled with pallets. In the closed dock situation, the highest sound levels on the exterior of the trailer come from the pallet jacks moving in and out of the trailer. The thin sidewalls and metal floor of the trailer tend to radiate some noise from the inside to the outside. The various noise levels from market operations have been measured on a number of occasions at markets in Southern California. Usually, closed docks present little noise radiation from the inside of the dock. However, as soon as the dock doors are open to mate the trailer, or just after the trailer leaves interior noise such as radios and paging systems will escape to the outside. This automatically ends when the trailer is mated to the trailer cuff on the enclosed dock or when the doors are closed after the trailer exits. The maximum noise levels from the various contributors, assembled from the various measurements at different times and locations, are given in Table 2 on the following pages. All activities listed can.occur in a single hour. 7 TABLE 2 MARKET LOADING DOCK REFERENCE NOISE LEVELS SOURCE LEVEL ( *)Trailer Refrigeration Equipment Truck Horn Blowing Internal Pallet Movement Air Brakes (*)Motor Idling Engine Start -up: Gear Selection: Tractors Small Trucks Tractors Small Trucks People Yelling Rolling door ( *)Radio -- Closed dock Paging -- Closed dock ( *)Talking on docks General truck squeals and squeaks ( *)Radio -- Open dock ( *)Paging -- Open dock External Pallet Operation 94/212 80 dBA at 20 feet 92 dBA at 20 feet 65 dBA at 75 feet 80 dBA at 75 feet 66 dBA at 30 feet 72 dBA at 75 feet 65 dBA at 60 feet 70 dBA at 75 feet 64 dBA at 75 feet 74 dBA at 45 feet 70 dBA at 45 feet 65 dBA at 10 feet 62 dBA at 25 feet 64 dBA at 75 feet 75 dBA at 75 feet 65 dBA at 10 feet` 75 dBA at 25 feet 80.dBA at 30 feet ( *) The asterisk identifies those activities which potentially could be continuous, or near continuous. Other activities tend to be of a short duration or infrequent. The frequency of deliveries will vary, but typically there will be five tractor- trailers a day and 15 other delivery trucks. The tractor - trailers tend to deliver directly from a distribution center which may be some distance. Therefore, they can arrive anytime during the day. Beverage trucks, chip trucks, and the like, will deliver from 5:00 A.M. to 3:00 P.M. However, quite often, five or so will arrive at the same time early in the morning. In defining the model, the assumption will be that the "worst cast" is two (2) tractor - trailers arriving, unloading, and leaving in a single hour between 10:00 P.M. and 7:00 A.M. The remainder of the truck inventory arrives from 7:00 A.M. to 10:00 P.M. E3 94/212 4.2 MECHANICAL EQUIPMENT There are three types of mechanical equipment, which are: 1. Trash compactors 2. Air Conditioners and exhaust fans 3. Refrigeration equipment The following comments apply to this equipment. 1. The market trash compactor side of the market loading compactors vary. Markets use a type is fed directly into the hopper.. In comes from the hydraulic pump used t, compactor. is at the south docks. The types of where the material this type, noise D drive the 2. Space air conditioners and fans are roof mounted. Based on previously studies there will be about 35 pieces of air moving equipment. Most of these are small exhaust fans for various internal operations and are located over the operations near the front of the store. To the rear, there will be two large air handlers associated with the service areas to the rear of the store. 3. The refrigeration equipment is located internal to the building and exhausted through the roof. The mechanical plans are not available at this writing. However, this equipment is typically ventilated through louvered openings in the side of the building. The noise levels of the various equipment sources are given in Table 3 on the following page. These are based on measured conditions of similar equipment. 9 94/212 TABLE 3 MECHANICAL EQUIPMENT REFERENCE NOISE LEVELS(') SOURCE LEVEL Trash Compactor 69 dBA at 25 feet Air Conditioners SR = 8 to 9 Exhaust Fans 65 dBA at 15 feet Refrigeration 90 dBA at 10 feet (1) The SR designation is an industry standard. There is no fixed value, as it varies with the manufacturer and size of equipment. Assuming no reflecting surfaces, SR = 8 to 9 means typical equipment will run from 55 to 65 dBA at 20 feet. 5.0 IMPACT OF THE PROJECT The CNEL calculation is based on the combination of the contributions of the various sources, the levels, and the duration over a 24 hour period. The noise model expected for the market before any steps are taken to mitigate the noise are given in Table 4 on the following page. The frequency, the distance, the expected maximum level, the expected duration over an hour, the average hourly level, and the CNEL value are listed in the Table. 10 94/212 TABLE 4 WORST CASE NOISE LEVELS OPPOSITE THE LOADING STATION CATEGORY OPERATION DIST. LEVEL TIME Lea CNEL Line Trks. Moving in Alley 20' 82 3s 51 51 Horn Blowing 20' 92 is 56 56 Air Brakes 40' 86 5s 57 57 Refrigeration 40' 74 60m 74 74 Idling 40' 64 60m 64 64 Start up 40' 78 is 42 42 Gear Selection 20' 91 5s 62 62 Rolling Door 40' 70 4s 40 40 Radio 40' 53 60m 53 53 Trailer Unloading 40' 71 240s 59 59 Paging 40 58 60m 58 58 Sub -Total 75 Del. Trks. Moving in Alley 20' 82 3s 51 49 Horn Blowing 20' 92 is 56 54 Air Brakes 20' 92 is 56 54 Refrigeration 20' 82 15m 75 70 Idling 20' 72 15m 66 64 Start up 20' 84 is 48 46 Gear Selection 20' 91 3s 60 58 Radio 40' 70 los 44 42 Trailer Unloading 20' 80 15m 74 72 Sub -Total 75 Mechanical Compactor 40' 65 5m 54 54 Air Conditioners 50' 41 60m 41 47 Fans 20' 42- 60m 42 48 Refrigeration 100' 55 60m 55 63 Sub - Total 63 TOTAL 80 (1) Terms of the model: a. Five line trucks a day with two from 10 P.M. to 7 A.M. Line trucks assumed to stay one hour. b. Fifteen delivery trucks a day with all from 7 A.M. to 10 P.M. Typical stay 15 minutes. C. Line trucks use five gear selections. Delivery trucks use 3. d. Refrigeration and idling assumed continuous. e. Delivery assumes that door to dock opened ten times. f. Air conditioning exhaust fans and building refrigeration assumed continuous for 24 hours. g. s = seconds; m - minutes h. Leq listed is hourly value. i. Building refrigeration inside but assumed to have ventilation port on west side. j. Five air conditioners and ten fans assumed. k. Air conditioners and fans shielded by four foot parapet. 11 94/212 The combined noise level at the nearest property line to the loading station will be as high as 78 dBA CNEL. Away from the loading station, the levels will be less. Truck noise would be limited mostly to driving through the alley (53 dBA CNEL) , and the air conditioners and fans (63 dBA CNEL) . Thus, the real problems with the trucks is near the loading station. The mechanical equipment could be a problem on both the north and west sides depending on the actual distribution. 6.0 MITIGATION ANALYSIS The market could be as much as 20 dBA (80 -60) higher than allowed by the General Plan. Inspection of Table 4 suggests that some of the mitigation is best addressed in the form of operational controls. For example, idling can be curtailed. Refrigeration equipment is more of a problem due to the extreme summer heat at this location. Horn blowing is infrequent at best and notices usually curtail it. The radiation of noise from the interior when the doors are open can also be controlled. Even with some operational controls on the trucks and the loading, sound barriers are needed. Any mechanical equipment refrigeration room needs acoustical louvers. The analysis will first address the trucks and mechanical equipment separately and then as a combined source because they operate at different locations. The delivery truck refrigeration equipment poses the greatest problem. These are usually located at the front and top of the trailer. Other operations of delivery trucks originate closer to the ground. Calculations contained in Appendix 3 indicate that it takes a ten foot (10) high wall along the property line to bring the refrigeration equipment alone down to 60 dBA CNEL. Thus, an even higher barrier is required when accounting for the other contributions. For example, the conditions produced by a 15 foot wall as applied to the truck operations of Table 4 are listed in Table 5 on the following page. 12 94/212 TABLE 5 NOISE LEVELS OPPOSITE THE LOADING STATION(') WITH 15 FOOT PROPERTY LINE WALL CATEGORY OPERATION DIST. LEVEL TIME Lecr CNEL Line Trks. Moving in Alley 20' 65 3s 34 34 Horn Blowing ** ** ** ** ** Air Brakes 40' 69 5s 40 40 Refrigeration 40' 57 60m 57 57 Idling ** ** ** ** ** Start up 40' 61 is 25 25 Gear Selection 20' 74 5s 45 45 Rolling Door 40' 53 4s 23 23 Radio ** ** ** ** ** Trailer Unloading 40' 54 240s 42 42 Paging ** ** ** ** ** Sub -Total 58 Del. Trks. Moving in Alley 20' 65 3s 34 32 Horn Blowing ** ** ** ** ** Air Brakes 20' 75 is 39 37 Refrigeration 20' 69 15m 60 58 Idling 20' 55 15m 49 47 Start up 20' 67 is 31 29 Gear Selection 20' 74 3s 43 41 Radio ** ** ** ** ** Trailer Unloading 20' 63 15m 57 56 Sub -Total 60 Mechanical Compactor 40' 65 5m 54 54 Air Conditioners 50' 41 60m 41 47 Fans 100, 42 60m 42 48 Refrigeration 72' 55 60m 55 63 Sub -Total 56 TOTAL 63 (1) Terms of the model: a. Asterisks ( * *) items are prohibited and signed accordingly. b. Building equipped with acoustical louvers at refrigera- tion equipment ventilation openings. C. All other aspects of the model are listed in Table 4. The elimination of certain operations, the acoustical louvers, and the 15 foot wall do not entirely limit the levels to 60 dBA CNEL. It is reasonably clear at this point that truck mounted refrigeration equipment on the delivery trucks will have to be shut off since there is no real additional way to mitigate the noise. The line truck refrigeration equipment could remain operational if a two foot (21) wall were constructed adjacent to the ramp area. Additionally, the compactor power units will have to be isolated. The levels with all mitigation measures present 13 94/212 are given in Table 6 on the following page. TABLE 6 (1) NOISE LEVELS OPPOSITE THE LOADING STATION WITH 15 FOOT PROPERTY LINE WALL, DELIVER REFRIGERATION SHUT OFF, TWO FOOT DOCK WALL AND ISOLATION OF COMPACTOR POWER UNIT CATEGORY OPERATION DIST. LEVEL TIME Leg CNEL Line Trks. Moving in Alley 20' 65 3s 34 34 Horn Blowing ** ** ** ** ** Air Brakes 40' 69 5s 40 40 Refrigeration 40' 57 60m 45 45 Idling ** ** ** ** ** Start up 40' 61 is 25 25 Gear Selection 20' 74 5s 45 45 Rolling Door 40' 53 4s 23 23 Radio ** ** ** ** ** Trailer Unloading 40' 54 240s 42 42 Paging ** ** ** ** ** Sub -Total 50 Del. Trks. Moving in Alley 20' 65 3s 34 32 Horn Blowing ** ** ** ** ** Air Brakes 20' 75 is 39 37 Refrigeration 20' 69 ** ** ** Idling 20' 55 15m 49 47 Start up 20' 67 is 31 29 Gear Selection 20' 74 3s 43 41 Radio ** ** ** ** ** Trailer Unloading 20' 63 15m 57 56 Sub -Total 57 Mechanical Compactor ** ** ** ** ** Air Conditioners 50' 41 60m 41 47 Fans 100' 42 60m 42 47 Refrigeration 72' 40 60m 40 47 Sub -Total 52 TOTAL 59 (1) Terms of the model: a. Asterisks ( * *) items are prohibited and signed accordingly. b. Building equipped with acoustical louvers at refrigera- tion equipment ventilation openings. C. All other aspects of the model are listed in Table 4. The combined sound levels will not exceed 60 dBA CNEL at the property line in the area opposite the loading station vicinity. Once away from the loading area, the only noise is from moving trucks and potentially from mechanical equipment. A six foot (6') property line wall is adequate to achieve 60 dBA CNEL provided no truck parking is allowed. The mitigation measures are as follows and includes 14 94/212 certain measures assumed to exist, but which should be clearly identified: 1. Select air conditioning units with a rating of SR = 8.5 or less. 2. Prohibit any external equipment mounting on the north or west side of the building. 3. Post signs at the vicinity of the loading doors reading: "NO HORN BLOWING" 4. Keep all loading doors closed unless loading or unloading is in progress. 5. No storage of refrigerated trailers in the docks with compressors operating. 6. No building vents on west or north sides unless equipped with acoustical louvers. 7. Prohibit operation of truck refrigeration equipment when trucks are parked in alley. Post accordingly. 8. Post internally on docks that radio use and paging are to be curtailed while the dock doors are open. 9. Post internally that outside docks are not to be used as break areas and excessive talking on the docks is discouraged. 10. Locate trash compactor power units inside building. 11. Erect a two foot wall alongside the loading station parking well (please see Exhibit 4). 12. Erect a 15 foot wall alongside the loading station area as shown on Exhibit 4. 13. Post no parking signs at all areas in the alley except where the 15 foot wall is located. 14. Install acoustical louvers on building outlets from any refrigeration room. 15 .� I I d5 ' I n coy �. lcaurNwsr, °(/AV /A I N EXHIBIT 1 SITE LOCATION MAP I y I � 1 ' I � I I � Ynuw� �3ss�7,w� i T€ Pl mIDnl7tuaj -L- I it�i9^_^_'_�7YeF6>�vAiY tl N „-:.. arms c°uASr a rz it, _ tErPnyp U AVENIDA MON . EXHIBIT 1 SITE LOCATION MAP I y I � 1 ' I � I I � Ynuw� �3ss�7,w� i T€ Pl mIDnl7tuaj -L- I it�i9^_^_'_�7YeF6>�vAiY tl N „-:.. arms c°uASr a rz it, _ tErPnyp DATE 4/22/94 CHART SPEED .3mm SCALE A LOCATION OFFICE COMPLEX 80- 70- 60 DB 60 40 30 80- 70- 60- DB 60- 40- 30- 40 EXHIBIT 2 100 60 60 DB 70 80 Broel & Kjaar E, OP 0102 L % -80 -70 -60 DB -60 -40 -30 -80 -70 -60 DB -60 -40 -30 DATE 4/22/94 CHART SPEED .3mm SCALE A LOCATION OBISPO AT WASHINGTON EXHIBIT 3 r - - -r - --- -r 10 0 40 50 60 D6 70 80 90- Brbe! & Kjaar 80- DB, ., so- 80- 40- 90- 80- 70- D8 80- 50- 40— OP 0102 L % JO 90 —90 —80 —70 DB —60 —50 —40 —90 -80 -70 DB -60 -40 EXHIBIT 4 WALL LOCATION GORDON RRICKEN & ASSOCIATES CONSULTING ACOUSTICAL and ENERGY ENGINEERS A P P E N D I X 1 NOISE RATING METHODS 1621 East Seventeenth Street, Suite K • Santa Ana, California 92701 • Phone (714) 835 -0249 FAX (714) 835 -1957 le 1 of 3 GORDON BRICKEN & ASSOCIATES CONSULTING ACOUSTICAL and ENERGY ENGINEERS N O I S E R A T I N G M E T H O D S The A- weighted decibel of "A" scale on meter is often used in the measurement of noise weighting characteristics of this scale approxii subjective response of the human ear to a broad noise source by discriminating against the very high frequencies of the audible spectrum. the sound level because the mate the frequency band low and the very Since community noise is seldom constant, varying from moment to moment and throughout the day, the "A" weighted noise level needs to be further described to provide meaningful data. The Environmental Protection Agency, Federal Department of Transportation, foreign countries and private consultants are now using three time - exceeded percentile figures to describe noise, which are: (1) L90 is the noise level which is exceeded 90% of any sample time period (such as 24 hours) and is used to describe the background or ambient noise level. (2) L50 is the noise level which is exceeded 50% of the time. It is the median level. (3) L10 is the noise level which is exceeded 10% of the time and is a good descriptor of fluctuating noise sources, such as vehicular traffic. It indicates the near - maximum levels which occur from grouped single events. Being related to the subjective annoyance to community noise, it is a good design tool 1621 East Seventeenth Street, Suite • Santa Ana, California 92701 • Phone(714)835-0249 age 2 of 3 in the planning of acoustical barriers. More recent noise assessment methods are based on the equivalent energy concept where Leq(x) represents the average energy content of a fluctuating noise source over a sample period. The subscript energy is computed and the quantity to either four (24) hours. When sometimes called HNL ( (x) represents the period in which the measured. Current practice references one (1) hour, eight (8) hours, or twenty - referenced to one (1) hour, Leq is also Hourly Noise Level). Since Leq is the summation of the functional products of noise level and duration, many combinations of noise level, duration time and time history can make up the same Leq value. Thus, an Leq(24) equals 50 means only that the average noise level is 50 dB. During the 24 -hour period there can be times when the noise level is higher than 50 dB, and times when it is lower. If the period of the measurement is only a single event, the energy content is not averaged. The energy expression for a single event is simply the sum of the functional product of the noise level and duration time of the event. This term is called Le or SENEL (Single Event Noise Exposure Level). The summation of Le values averaged over one hour is Leq(1), Leq(8) ' and Leq(24) ' etc. Leq is further refined into Ldn (Level Day- Night) and CNEL (Community Noise Equivalent Level) , where noises that occur during certain hours of the day are weighted (or penalized) because they are considered subjectively more annoying during these time periods: (1) Ldn is the sound level in dBA which corresponds to the average energy content of the noise being measured over a 24 -hour period including a 10 dBA weighting penalty for sound levels which occur during the nighttime hours of 10:00 P.M. to 7:00 A.M. This is a rating method recommended by the Environmental Page 3 of 3 Protection Agency because it takes into account those subjectively more annoying noise events which occur during the sleeping hours. (2) CNEL is the sound level in dBA which corres- ponds to the average energy content of the noise being measured over a 24 -hour period including a five (5) dBA penalty for noise which occurs during the evening hours of 7:00 P.M. to 10:00 P.M., and a ten (10) dBA weighting penalty for noise that occurs during the night- time hours of 10:00 P.M. to 7:00 A.M. For typical high- way vehicular traffic situations, computer analysis has shown that CNEL and Ldn correlate within 0.5 dBA. The percentile directly scaled from a over a particular time implement in automatic Le, Leq, Ldn, and CNEL ment. As a result, en, (and hence, Ldn) using figures L10, L50' and L90 can be graphical recording of the measured noise period. They are also convenient to measurement equipment. Energy parameters require expensive and complicated equip - 3ineers have devised ways of estimating Leq standard instrumentation and methods. GORDON BRICKEN & ASSOCIATES CONSULTING ACOUSTICAL and ENERGY ENGINEERS A P P E N D I X 2 BARRIER CALCULATIONS 1621 East Seventeenth Street, Suite K Santa Ana, California 92701 Phone (714) 835 -0249 FAX (714) 835 -1957 BARRIER NOISE REDUCTION PROJECT...... RALPH'S DESCRIPTION..DOCK RAMP SOURCE ELEVATION....... RECEIVER ELEVATION..... BARRIER ELEVATION...... RECEIVER HEIGHT........ DISTANCE TO SOURCE..... DISTANCE TO RECEIVER... SOURCE NOISE LEVEL..... WALL HEIGHT 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 kLYSIS EFFECT ON REFRIGERATION 0 4 4 5 5 40 74.00 NOISE LEVEL INSERTION LOSS 64.66 9.34 63.05 10.95 61.72 12.28 60.62 13.38 59.70 14.30 58.91 15.09 58.39 15.61 58.03 15.97 57.72 16.28 57.43 16.57 57.17 16.83 BARRIER NOISE REDUCTION PROJECT...... RALPH'S DESCRIPTION..TRUCK OURCES SOURCE ELEVATION....... 2 RECEIVER ELEVATION..... 0 BARRIER ELEVATION...... 0 RECEIVER HEIGHT........ 5 DISTANCE TO SOURCE..... 20 DISTANCE TO RECEIVER... 10 SOURCE NOISE LEVEL..... 60 WALL HEIGHT 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00 16.00 NOISE LEVEL 60.00 60.00 60.00 60.00 0.00 54.18 52.95 51.26 49.59 48.12 46.87 45.81 44.90 44.32 43.90 43.54 43.21 �LYSIS IN ALLEY EXCEPT REFRIGERATION xet INSERTION LOSS 0.00 0.00 0.00 0.00 60.00 5.82 7.05 8.74 10.41 11.88 13.13 14.19 15.10 15.68 16.10 16.46 16.79 BARRIER NOISE REDUCTION ANALYSIS PROJECT ...... RAPLH'S DESCRIPTION..TRUCK REFRIG. ALLEY SOURCE ELEVATION....... 10 RECEIVER ELEVATION..... 0 BARRIER ELEVATION...... 0 RECEIVER HEIGHT........ 5 DISTANCE TO SOURCE..... 20 DISTANCE TO RECEIVER... 10 SOURCE NOISE LEVEL..... 80.00 WALL HEIGHT 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 1.00 14.00 15.00 11 c nn NOISE LEVEL 80.00 80.00 80.00 80.00 80.00 80.00 80.00 74.91 73.81 72.51 70.87 69.32 67.97 80.00 65.82 64.96 G A 00 INSERTION LOSS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.09 6.19 7.49 9.13 10.68 12.03 0.00 14.18 15.04 1 rl C, 7 BARRIER NOISE REDUCTION kLYSIS PROJECT...... RALPH'S DESCRIPTION..TRUCK REFR SOURCE ELEVATION....... RECEIVER ELEVATION..... BARRIER ELEVATION...... RECEIVER HEIGHT........ DISTANCE TO SOURCE..... DISTANCE TO RECEIVER... SOURCE NOISE LEVEL..... IGERATION IN DOCK 0 0 0 5 40 10 74.00 WALL HEIGHT NOISE LEVEL INSERTION LOSS 0.00 74.00 0.00 1.00 74.00 0.00 2.00 74.00 0.00 3.00 74.00 0.00 4.10 68.99 5.01 5.00 68.31 5.69 6.00 67.20 6.80 7.00 65.70 8.30 8.00 64.14 9.86 9.00 62.72 11.28 10.00 61.50 12.50 11.00 60.44 13.56 ' 12.00 59.53 14.47 13.00 58.74 15.26 14.00 58.28 15.72 15.00 57.91 16.09 16.00 57.58 16.42 BARRIER NOISE REDUCTION %LYSIS PROJECT...... RALPH'S DESCRIPTION..ROOF MOUNTED EQUIPMENT SOURCE ELEVATION....... 26 RECEIVER ELEVATION..... 0 BARRIER ELEVATION...... 26 RECEIVER HEIGHT........ 5 DISTANCE TO SOURCE..... 72 DISTANCE TO RECEIVER... 30 SOURCE NOISE LEVEL..... 65.00 WALL HEIGHT 0.00 1.00 2.00 3.00 4.00 5.00 6.00 NOISE LEVEL 49.85 49.49 49.24 49.00 48.78 48.57 48.37 INSERTION LOSS 15.15 15.51 15.76 16.00 16.22 16.43 16.63 OCT -14 -94 FRI 10:23 HORTON SHEPARDSON ASSOC FAX NO, 7739315 CALVIN C. I(AMINSW S A!l191an1 Ca►nm }SlIQr9f 0 1 (M) 275.30M W SAWA arllc� a� AGRICULTURAL COMMISSIONER JAMES O. WALWE. gomml»lonar 63 -612 Avenue 45 Suite 7 Indio, CA 92201 ( 61,9) 342 -8291 P. 02 DAN RILEY Sealer, We1Qh1! & mousulA! (7 141 275,3vao t)AT8 A C ASP, NO. /3 c7 545 +r��.w,, rCG �. LJ LA '"Ft bear Deve_,lotx -- !, Aftor x-eviewinq your_ latids taping plats, all, plant material :fisted is not in violation of quarantine laws governing I`!ae Coa.cjie,'Llpi Valley. If Substitutions do occuk attd they differ. frm pleat tr>r�l'er.,ial listed, this office must be r,otif.ied imnadiat_ely. Thank yoo for prateoting aird p.reserving. the Coachella W-i i,ey's pest -free envi.rmirent. Agricultural Comnisild t,er s Office cc! Indio and Riverside ,10130 LENICSN SIPEU, t?O( --)M 19, QIVURSIUE, CALWONNIA 92501 — t:AX 1714) 275.3012 OCT- 14 -94' FR I 10:22 WA' § �' 0, rA�. NORTON SHEPARDSON ASSOCIATES LANDSCAPE AACHITFOUAE HORTON SAEPARDSON ASSOC FAX NO. 7739315 To: / 7- !.�.� Date: P. 01 0- cs iTY o' !; q UINTA pt,p,NNING DEPARTMENT Attention: 40 rA d ��•�► l.%l� Fax No.: (tone No: --7 `7 --7 --7 0 0 C0 «:�4N;c'pe:e' Job Name: Job No: Comments: �S -7-R �J1 Sent by: F-�' —fA?. cc: Please contact the telecopier operator at, (619) 341 -1515 if this transmission is incomplete. 42 - 575 Melanie Place, Suite S, Paitrr Desert, CA 92260 phone (6 191 341 -1515 / (ax (6191 7739315 42 -575 Melanie Place, Suite 5. Palm Desert. CA 92260 /Tel: 6191341.1515 1 FAX: 6 1 9177393 1 5 f r f P.O. Box 1504 78 -495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92.253 January 31, 2000 Principal Enterprise Capital I, LLC c/o Principal Capital Management, LLC Attn: Donna Lutcavish, CRE Equity Closing Dept. 801 Grand Avenue Des Moines, Iowa 50392 -1360 (760) 777 -7000 (TDD) (760) 777 -1227 RE: Zoning Compliance for property located at 50 -949 Washington Street (La Quinta Village Shopping Center) Dear Colleague: At your request, I hereby certify and represent the following statements are true as of the date of this letter: 1 . This property is zoned CN (Neighborhood Commercial). A true, correct and complete copy of the provisions of the ordinance applicable to such zoning classification is attached hereto (i.e., permitted uses); 2. The shopping center lies within the municipal boundaries .of this city; 3. The current uses, occupancy, parking operations and improvements of the property are in full compliance with all applicable zoning codes, rules and regulations of said zoning district; 4. All governmental permits and approvals necessary for the construction, use, operation and occupancy of the property have been issued and are in full force and effect; and 5. Principal Enterprises Capital (PEC) and /or any purchaser of the property under the management or control of PEC or its affiliates may rely on this letter. If you have any questions, please feel free to contact our office at 760 - 777 -7067. Very truly yours, JEN HERMAN CC NITY DEVELOPMENT DIRECTOR ,WuSDELL As oci Planner GT. Attachments LTZoning2 - 38 M'oo, 9.80.010 Chapter. 9.80 N NRE ENTIAL PERMITTED USES O SID Sections: 9.80.010 Development permits required. 9.80.020 Residential uses in NR overlay district. 9.80.030 Residential uses outside NR overlay. 9.80.040 Table of permitted uses. 9.80.010 Development permits required. Table 9-4 of this chapter specifies whether a land use or structure is permitted within a zoning district. However, in most cases development to establish a use also requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. In addition, per.general plan Policy 2- 3.1.9, approval of a specific plan is required for any development or land division in the CR district. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.020 Residential uses in NR overlay district. In accordance with general plan Policy 2- 3.1.4, no residential uses shall be established within the NR nonresidential overlay portion of the CR regional commercial district except for incidental residential uses which: A. Are incorporated into a project site which is twenty acres or more in size; B. Are a part of a larger mixed use project with predominantly nonresidential uses; C. Are no more than twenty percent of the total project square footage; D. Are well integrated into the larger development, i.e., not a separate use; E. Serve a legitimate necessary purpose for the development such as employee housing; fe F. Have atleast fifty percent of the units in the affordable category, as defined in the general plan housing element; and G. Are approved by the city as an integral part of the overall mixed use project. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.030 Residential uses outside NR overlay. In accordance with general plan Policies 2 -3.1.6 through 2- 3.1.8, townhome and multifamily residential uses may be established in the CR district outside the NR nonresidential overlay as part of mixed use projects. Such projects may have up to a proportion of one hundred percent residential. The following requirements shall apply: A. A specific plan shall be approved and the project shall conform to the RSP residential specific plan standards of Section 9.30.080 with regard to common open area and perimeter landscaping. B. A minimum of fifteen percent of the dwelling units are provided in the affordable "low" and/or "very low" income category per Section 9.60.270. C. Project sites of less than twenty acres shall be single -use, either all residential or all nonresidential. (Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.040 Table of permitted uses. A. Uses and Structures Permitted. Table 9 -5, Permitted Uses in Nonresidential Districts, following, specifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: 1. "P ": Permitted as a principal use within the district. 2. "A ": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. "M": Permitted if a minor use permit is approved. 5. "1"': Permitted as a temporary use only. 6. "X": Prohibited in the district. 275 (IA Quinu 5-98) 9.80.040 B. Uses Not Listed in Table. Land uses which are not listed in Table 9 -5 are not permitted unless the community development director or the planning commission determines that such use is within one of the permitted use categories listed preceding (e.g., principal use, conditional use, etc.) in accordance with Section 9.20.040. Table 9-S Permitted Uses in Nonresidential Districts P = Principal use A = Accessory use District C = Conditional use permit Regional Commercial Community Neighborhood Tourist Office Major Community M = Minor use permit T = Temporary use permit R = Prohibited use Commercial Park Commercial Commercial Commercial Commercial Facilities Laud Use CR CP CC CN CT CO MC Retail Uses Retail stores under 10,000 sq. ft. floor P A P P A A X area per basin Retail stores', 50,000 sq. ft. floor P X P P X X X area pcc bum 1`02b, Retail stores', over 50,000 sq. ft. floor C X C X X X X area Food, liquor and convenience stores under 10,000 sq. ft floor area, open less than 18 P A P P A A X hours/day2 Food, liquor and convenience stores under 10,000 sq. ft. floor area, open 18 or more C X C C C X X hours /day2 Plant nurseries and garden supply stores, with no propagation of plants on the C X C C X X X premises, subject to Section 9.100.120 (Outdoor storage and display) Showroom/catalog stores, without P P P X X X X substantial on-site inventory General Services Barbershops, beauty, nail and tanning P A P P P A X salons and similar uses Miscellaneous services such as travel services, photo developing, videotape P A P P P A X rentals, shoe repair, appliance repair, and similar uses Laundromats and dry cleaners, except P X P P P X X central cleaning plants Printing, blueprinting and copy services P P P P P P X Pet grooming — without overnight P X P P P X X boarding Office Uses and Health Services Banks P X P P P P X General and professional offices P X P P P P C Medical offices— physicians, dentists, optometrists, chiropractors and similar P X P P P P X practitioners Medical centers/clinics —four or more P X P C X P X offices in one building Surgicenters/Medical clinics P X P C X P X Hospitals C X X X X X C Convalescent hospitals C X C X X X C Veterinary clinics /animal hospitals and pet C C C C X X X boarding (indoor only) ' Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, ice supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items. 2 With no consumption of alcohol on the premises. (La Quinn 5-98) 276 • Table 9.5 Permitted Uses in Nonresidential Districts (Continued) P = Principal use A = Accessory use District C = Conditional use permit Regional Commercial Community Neighborhood Commercial. Tourist Commercial Office Major Community M = Minor use permit T = T use permit �Pa'ary R = Prohibited use Commercial Park Commercial Commercial Facilities Land Use CR CP CC CN CT CO MC Dining, Drinking and Entertainment Uses Restaurants, other than drive - through P A P P P A A Restaurants, drive- through P A P X P A X Restaurants, counter take-out with ancillary seating, such as yoghurt, ice P P P P P P A cream, pastry shops and similar Bars, taverns and cocktail lounges C C C X C C X Dancing or live entertainment as a C X C X C X X principal use Dancing or live entertainment as an A X C C C C X accessory use Theaters, live or motion picture C X C X C X X Recreation Uses Bowling, pod or billiard centers as a C X C X C X X principal use Pool or billiard tables as accessory use (3 A A A A A A X tables or less) Game machines, i t or more (as either a C X C C C X X principal or accessory use) Game machines as an accessory use, 10 or A A A ' A A A X fewer machines Golf courses and country clubs (see GC X A X X C A X district permitted uses, Chapter 9.120) Tennis clubs or complexes C A C X X A C Health clubs, martial arts studios, and dance studios, 5000 sq. ft. floor area or M M M M M M A less Health dubs, martial arts studios, and C C C C C C X dance studios, over 5000 sq. ft. floor area Libraries P X P C P P P Museum or gallery displaying sculpture, artwork or crafts, including schools for P P P P P P p above Parks, unlighted playfrelds and open space P P P P P P P lighted playfrelds X X X X X X C Bicycle, equestrian and hiking trails P P P P P P P Indoor pistol or rifle ranges X C X X X X X Miniature golf(recreation centers C X X X C X X Assembly Uses Lodges, union halls, social clubs and C C C C X X C senior Citizen centers Churches, temples and other places of C C C C X C X worship Mortuaries and funeral homes C C C X X X X Public and Semipublic rises Fire stations P P P P X P P Government offices and police stations P P P P P P P Communication towers and equipment, C C C C C C C subject to Chapter 9.170 Electrical substations M M M X X X M 277 (LA Qui+ta 5-99) Table 9.5 Permitted Uses in Nonresidential Districts (Continued) . P = Principal use A = Accessory use District C = Conditional use permit Regional Commercial Community Neighborhood Tourist Office Community T— Temporary use permit X = Prohibited use Commercial Park Commercial Commercial Commercial Commercial Facilities Land Use CR CP CC CN CT CO MC Water wells and pumping stations M M. M X X X M Reservoirs and water tanks X X X X X X M Public flood control facilities and devices P P P P P P P Colleges and universities C X X X X X C Vocational schools, e.g., barber, beauty C C C X X C C and similar Private elementary, intermediate and high C C C C C C C schools Private swim schools C C C X C X C Train, bus and taxi stations C X C X C X C Helicopter pads X X X X C X C Public or private kennels and animal shelters (with indoor or outdoor pet X C X X X X C boarding) Residential, Lodging and Child Care Uses Townhome and multifamily dwellings as a C* X X X X X X Primary use Residential as an accessory use, e.g., C C C C C C C caretaker residences per Section 9.100.160 Child day care facilities, centers And preschools as a principal use, subject to C C C C X C C Section 9.100.250 (also see Accessory Uses) Senior group housing, subject to Section C X X X X X X 9.100.260 Rooming and boarding houses C X X X X X X Single room occupancy (SRO) hotels, C X X X X X X subject to Section 9.100.270 Emergency shelters P P P P P P P Transitional shelters for homeless persons C X X X X X C or victims of domestic abuse Mixed -use projects: residential and C X X C X X X office/commercial Hotels and motels C X C X C X X Timeshare facilities, subject to Section C X C X C X X 9.60290 Bed and breakfast inns X X X X X X X Caretaker residences M M M M M M M Automotive Uses (Subject to Section 9.100.120, Outdoor storage and display) Automobile service stations, with or C C C C X X X without minimart Car washes C C C X X X X Auto body repair and painting; X C X X X X X transmission repair * If part of a mixed use project per Section 9.80.020 or 9.80.030 (1s Quinta 5-98) 278 9.80.040 Table 9-S Permitted Uses in Nonresidential Districts (Continued) P = Principal use A = Accessory use District C = Conditional use permit Regional Commercial Community Neighborhood Tourist Office Major Community M = Minor use permit T = Temporary use permit X = Prohibited use Commercial Park Commercial Commercial Commercial Commercial Facilities Land Use CR CP CC CN CT CO MC Auto repair specialty shops, providing minor auto maintenance: tire sales/service, muffler, brake, lube and tune -up C C C X X X X services --roc including major engine or drivetrain repair Auto and motorcycle sales and rentals C C X X X X X Used vehicle sales, not associated with a X C X X X X X new vehicle sales facility Truck, recreation vehicle and boat sales C C X X X X X Auto parts stores, with no repair or parts P P P C X X X installation on the premises Auto or truck storage yards, not including X C X X X X X dismantling Private panting lots /garages as a principal C C C X C C X use subject to Chapter 9.150, Parking Warehousing and Heavy Commercial Uses (Subject to Section 9.100.120, Outdoor storage and display) Wholesaling/distribution centers, with no C p X X X X X sales to consumers General warehouses, with no sales to C p X X X X X consumers Mini- storage warehouses X P X X X X X Lumber yards, outdoor (see retail stores X C X X X X X for indoor lumber sales) Pest control services C C X X X X X Plumbing repair shops C P X X X X X Contractor, public utility and similar C C X X X X C equipment/storage yards Central cleaning or laundry plants C C C X X X X Communication or relay facilities /antennas C C C C C C C as primary use Industrial and Research Uses Indoor manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, glass, X P X X X X X leather, stone, paper (except milling), plastics, metal, and wood Research and development P P X X X X X Recording studios P P X X X X X Bottling plants X P X X X X X Sign making, except sandblasting P P X X X X X Sign making, including sandblasting X P X X X X X Recycling centers as a primary use, collection and sorting only, subject to X C X X X X C Section 9.100.190 Off -site hazardous waste facilities, subject X C X X X X X to Section 9.100.230 Accessory Uses and Structures Portable outdoor vending uses (such as Rower stands, hotdog stands, etc.), subject M M M M M M M to Section 9.100100 279 (La Quinto 5-98) 9.80.040 Table 9-5 Permitted Uses in Nonresidential' Districts (Continued) P = Principal use A = Accessory use District C = Conditional use permit Reommercial Community Neighborhood Commercial Tourist Commercial Office Major M = Minor use permit Temporary permit $ = rohibited use mPark Commercial Commercial Fermi Land Use CR CP CC CN CT CO MC Swimming pools as an accessory use M M M X A M A Golf or tennis. facilities as an accessory M M M X A M A use Signs, subject to Chapter 9.160 A A A A A A A Fences and walls, subject to Section A A A A A A A 9.100.030 Antennas and satellite dishes, subject to A A A A A A A Section 9.100.070 Revere vending machines subject to A A A A X X A Section 9.100.190 Recycling dropoff bins, subject to Section M A M M X X A 9.100.190 Incidental products or services for employees or businesses, such as duld A A A A A A A day care, cafeterias and business support rises Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the A A A A A A A premises and are consistent with the purpose and intent of the zoning district, as determined by the director Temporary Uses Christmas tree sales, subject to Section T T T T X X T 9.100.080 Halloween pumpkin sales, subject to T T T T X X T Section 9.100.090 Stands selling fresh produce in sea on, T T T T X X T subject to Section 9.100.100 Sidewalk sales, subject to Section T T T T T T X 9.100.130 Temporary outdoor events, subject to T T T T T T T Section 9.100.140 Construction and guard offices, subject to T T T T T T T Section 9.100.170 Use of telocatable building, subject to T T T T T T T Section 9.100.180 Other Uses Fortunetelling and palmistry C X C X X X X Sexually oriented businesses, subject to C X X X X X X Section 9.100.080' Other uses not listed in this table Per Section 9.20.040, director of planning commission to determine whether use is permitted • Property must also be located within the SOB (sexually oriented business) overlay district. (Ord. 307 § 1, 1997; Ord. 299 § I (part), 1997; Ord. 284 § I (Exh. A) (part), 1996) (La Quinta 5-98) 280 01/27/00 12:29 FAX Zoning Letter Form [Current Date] Principal Enterprise Capital I, LLC, its successors and/or assigns ( "PEC ") c/o Principal Capital Management, LLC 801. Grand Avenue Des Moines, Iowa 50392 -1360 Attention: Donna Lutcavish CRE Equity ClosiDg RE Zoning Compliance for property located at (the "Property") Dear PEC In connection with the Property, I hereby certify and represent the following 5ilatements are true as of the date of this letter: i, (i) The Zoning Classification of the property is and a copy of the ;ordinance is attached hereto; (ii) The Property lies within the boundaries of the municipal authority's 7Pning district; (iii) The individual executing this letter is authorized and empowered to dr, so ozi behalf of . the municipal district; (iv) The current uses, occupancy, parking, operations and improvements of the Property are in full compliance with all applicable zoning codes, rates and regulatibas of said zoning district- (v) All governmental permits and approvals necessary for the constriuctio?k, use, operation and occupancy of the Property have been issued and are in full force .-nd effect; and (vi) PEC and /or any purchaser of the Properry under the management or ±;ontrol of PEC or its affiliates may rely on this letter. s: Sincerely" 4 [Signature] [Name and Title of person] Cl'rillit] s:1PEC1 zoning letter 01 -27 -00 10:23 i, 3' 'i i� _i RECEIVED FROM: 10002 M 01; 27/00 12: 28 FAX Pr PRINCIPAL CAPITAL MANAGEMENT, LLG Mailing Address: Des Moines, lA 50392 -0001 S, FAX COVER SHEET SA FAX Transmittal Notice From: ROBIN CHEEK Telephone Number. Date: JANUAW( 27, 2000 (515) 247 -5293 j' Dept. Name and Location: INV. CRE Closing -• H136 Approval (if required) To: CITY OF LA QUINTA CITY PLANNING DEPARTMENT MANAGER OR SUPERVISOR Fax Number: (760) 777 - 1113 CC Fax Number ; CC Fax Number GG Fax Number • Total number of pages (including the FAX cover sheet) 2 • if you do not receive all pages, please call our Help Line at (515) 362 -10$9 as soon as possible. THE DIRECT NUMBER TO OUR FAX MACHINE IS (515) 248 -8090_ • Our fax machine is available 24 hours a day. Comments_ Attached please find our Zoning Letter for the property knf�_.,wn as La Quinta, 50- 949 Washington Street, La Quinta, CA. Please have the attached letter completed and either faxed back to me or email to me at cheek_robin@plrincipal.com If you have any questions, please call me right away at (515) 247 - 5293,1, Thank-you- This telecopy is intended only for the use of the individual or entity to which: it is addressed, and may contain information that is privileged, confidential and exempt from disclos4e under applicable law. If you are not the intended recipient, any dissemination, distribution or copyin; 3 of this communication is ,7 strictly prohibited. If you have received this communication in error, please'notify us immediately by collect telephone tail and return the original telecopy to us at the above address by U.S_ mail. We will reimburse you for postage. F074 V - -2 01 -27 -00 10:22 RECEIVED FROM:' P -01 r= M E T R O 'AN PROPERTY P O F I L E_ Riverside (CA) ********************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * <<< OWNERSHIP INFORMATION >>> * * * Parcel Number :770 020 016 S: T: R: Q: * Ref Parcel # :000 000 000 Pos Interest: * Owner Name :Gms Realty * CoOwner * Site Address :50949 Washington St La Quinta 92253 * Mail Address :462 Stevens Ave #206 Solana Beach Ca 92075 * Telephone :Owner:619- 350 -4990 Tenant:760- 564 -2443 * <<< SALES AND LOAN INFORMATION >>> * * * Transferred :03/27/1997 Loan Amount * Document # :102854 Multi - Parcel Lender * Sale Price Loan Type * Deed Type :Grant Deed Interest Rate * Owned :100 Vesting Type * * * <<< ASSESSMENT AND TAX INFORMATION >>> * * * Land :$384,393 Exempt Type * Structure :$602,562 Exempt Amount * Other Tax Rate Area :20 -097 * Total :$986,955 Taxes :$13,582.26 * Improved :61 * <<< PROPERTY DESCRIPTION >>> * * Map Grid :849 G7 * * Census :Tract:451.04 Block:5 * Land Use :CO2 Com,Shopping Centers * Legal :.85 ACRES NET IN PAR 2 PM 186/091 * :PM 27984 * * Sub /Plat :Pm 27984 * Book Page: * * <<< PROPERTY CHARACTERISTICS >>> * • Bedrooms Stories YearBuilt: AgPreserve • BathFull Units :1 MiscImprv:No • Bath3Qtr Bldg SgFt: Street ADDITIONAL • BathHalf Gar SgFt Waterfrnt: • Fireplce :No Gar Type Elect Svc: RmAddtns :No • Cntrl Ht :No Lot Acres:.85 Gas Svc RmAddSF • CntrlA /C :No Lot SgFt :37,026 WaterSrce: AddGar Type • Pool :No Roof Type: SewerType: OthrPkng * * The Information Provided Is Deemed Reliable, 'Bu, t Is Not Guaranteed. t i;\ c6iiv,' 4 78 -495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (760) 777 -7000 FAX (760) 777 -7101 TDD (760) 777 -1227 September 30, 1997 Mr. Sean Robert Nadel Architects Inc 1990 So. Bundy Drive, Fourth Floor Los Angeles, CA 90025 RE: TRELLIS REPAIR - LA QUINTA VILLAGE SHOPPING CENTER Dear Mr. Robert: Community Development staff has reviewed the plans to modify the existing trellis at the south west corner of the La Quinta Village Shopping Center due to damage incurred by trucks hitting the columns. Your proposal to remove the columns, along the end of the parking lot striping, and shorten the 6 -feet x 8 -feet wood trellis member, as shown on the Partial Trellis Plan dated September 24, 1997, is acceptable. Should you have any questions, please call me at (760) 777 - 7071. Sincerely, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR s� CHRISTINE DI IORIO Planning Manager c: Kathy Kuper, GMS Realty Mark Harold, Building Manager, Building & Safety Department MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 *! ., . 1990 So. Bundy Dr Fourth Floor Los Angeles California 90025 310.826.2100 FAX 826.0182 Nadel Architects Inc Architecture Planning Interiors address %W— 44W city d �,U,�/Y ,Laid. 9i ;M Li - attention we are sending you: ❑ herewith ❑ tracings ❑ under separate cover ,*Crints Letter oiri'ransmittal date 9/� regarding 40CQ491 w Nadel project no. ?7— 36-6;. e Flf SEP 2 6 1997 via: CITY o©LFA'�UINTA ❑ mes enrLANNIN(flD .SARTMENT E3 ri I e blue�r ❑ mail �i/•3%/T ❑ specifications these are: El for your approval per your request El for your files review and comment ❑ 4025= ^ for use on job �• MLA If enclosures listed above are not received, notify at once. WAI �_. 2E go 40 )KI MOM . very truly yours, Nadel Architects Inc. �=�/ Y *. , �. _, � � �. Tt La Quinta Village Sign Program r fl JUN 1 3 1994 r1i PLAN-MiNG DEIPARTMM x \ -.'kxss0* �J 46-120 CALHOUN STREET - INDIO, CALIFORNIA 92201 - (619) 347-3566 - (619) 345-1155 o FAX (619) 347-0343 CA. LIC. * 207136 C45 C61 /D38 C10 PURPOSE: The purpose of Sign Program is to ure coordination and compatibility between all signs within the. Sign Program area. As such, the sign program is intended to address placement, color, style, lighting and sign materials, and their consistency on the property. Although the Sign Program exhibits establish the letter and sign dimensions, the Sign Program is not intended to substitute dimensional requirements for those provided in Chapter 9.212 of the City Zoning Ordinance. APPLICABILITY: As defined in the City Zoning Ordinance, Section .9.212.030, a Sign Program is a coordinated plan for signage for an individual building or a group of buildings. For those signs requiring a program, no permit shall be issued for an individual sign unless and until a Sign Program for the lot on which the sign will, be erected has been submitted and approved by the City in conformance with the City Ordinance. CONSTRUCTION AND MAINTENANCE: All signs shall be constructed, installed and maintained in Accordance with the following standards: 1. All signs shall comply with the applicable provisions of.the Uniform Building Code and all other applicable construction codes. 2. The tenant and the tenants contractor shall be responsible for obtaining any and all permits required. 3. All signs shall be maintained in good structural condition and appearance and in compliance with'the Sign Program, the La Quinta Municipal Code, and with all building and electrical codes. 4. No exposed lamps will be permitted. 5. All tenants must maintain service and appearance. 6. Upon removal of signage, the party that.purchased the signage shall be responsible for the removal of the signage, including patching and painting of holes. SUBMITTAL REQUIREMENTS: A sign application consistent with this program shall consist of the following: For each proposed Sign application on the building the following shall be specified on drawn to scale and dimensioned, plans: a) a dimensioned location of each sign on the building and property b) sign dimensions including letter height, color, sign length, and sign prjection from the building. c) color scheme 7 d), type style r graphic style e) materials being used f) method of installation /attachment SPECIFICATIONS FOR BUILDING TENANT SIGNS: 1. Only internally illuminated stuccoed cabinet signs shall be permitted 2. Color of Letter faces are up to the discretion of the tenant. 3. Sign face background shall be an opaque stucco finish, painted to match building 4. Color of stuccoed cabinet shall be painted to match color of building 5. Cabinet reatiner shall be color of roof the 6. Letter heights to=be proportional to working surface area 7. Cabinet sign to be 2' high X 1211ong. 8. Type style shall be approved by landlord. 8. Double and single -line copy shall be permitted. 9. All signs shall be mounted in allotted space and must align with other tenants SPECIFICATIONS FOR MONUMENT PAD SIGNS: (A,B,C, and D) 1. The monument sign shall be double- sided. 2. The sign, shall be internally illuminated by fluorescent lighting. 3. The sign shall not exceed (8) eight feet in height. 4. Total signage area not to exceed 25 square feet. 5. Color of letter faces are up to discretion of the tenant 6. Sign face to be an opaque painted stucco finish to match to match building 7. Retainer on sign shall to match color of the on building 8. Type style shall be approved by landlord and 9. See exhibits for materials and location requirements. 10. Only (2) two tenants per monument 11. Signs shall have divider bars for tenant seperation 12. See exhibits for materials and location requirements ... .. .. r .. .. .. � ... _ .. s ... t y „� SPECIFICATIONS FOIx 2LYON SIGNS: (Includes R,- h's) 1. Pylon sign shall be double sided 2. Sign shall be internally illuminated by fluorescent lighting .3. The sign shall not exceed (8) eight feet in height 4. Total signage area not to exceed 50 square feet. 5. Color of letter faces are up to discretion of -the tenant 6. Sign face to be an opaque painted stucco finish to match building 7. Retainer to match color of tile 8. Signs shall have divider bars for tenant separation 8. See exhibits for materials and location requirements FIRST BANK SIGNAGE: 1. Only internally illuminated channel letters shall be permitted 2. Letter faces will be black /white plexiglas with 3/4" bronze trim cap. 3. Typestyle will be banks type. 4. Returns of the letters shall be stuccoed to match building 5. Illumination must be neon tubing, mounted inside the letter 6. Letters shall be mounted to facia 7. Sinle line copy only 8. Height of letter to be 2' 9. Channel letters must be painted inside and out (Excluding plexiglas) RALPH'S SIGNAGE: Inline 1. Size of sign to be 8' X 22' 2. Sign to be single face 3. Background of sign to be red 4. Color of copy to be while 5. Return and retainer to match the 19 c, S' `d i ,. • ADDITIONAL OPTIONA JNDERCANOP.Y SIGAN 1. Sign shall be a sandblasted with raised letters 2. Sign size to be 16" X 4' 3. Sign shall be double face 4. Background of sign to match building, 5. Color of lettering is up to the discretion the tenant 6. Type style is up to the discretion the tenant 7. Size of type shall be proportional to surface area 8. Sign shall have 1' squared metal tubing for support frame 9. Support Frame to match color of undersheathing 10. Sign to align with other tenants 8. Color of letter is up to the discretion the tenant ADDRESS SIGNAGE: 1. Address signage shall be non - illuminated plastic formed letters -- Height shall be 6" BINDING EFFECT: After approval of this Sign Program, no sign shall be erected constructed, installed, displayed, altered, placed or maintained except in conformance with this program. In case of any conflict between the provisions of this program and any other provision of Chapter 9.212 of the City Zoning Ordinance, the city Zoning Ordinance shall prevail. APPROVALS: The design and construction of the tenants signage must receive written approval by the owner of the building and then by the City of La Quinta before fabrication and installation. The owners written approval shall be submitted to the City, along with a completed City application, approved plans, and fees. Owners approval shall be based on: Conformity to the sign Program is established for the center including fabrication and method ofinstallation. To .secure owners approval, three (3) copies of the design drawing of the signage must be submitted directly to the owner. FINAL INSPECTION OF SIGN INSTALLATION: The installing sign contractor shall call the City for a final inspection after having installed the sign. FROM-- : Panascni c TAD.'FAX �L�Vt�T(vr� eZ PHONE NO. :. "A" SION DIA'At(. k IWA -1 R, ull t Dec. 19 1994 01:40PM P3 r1t� CAPalll��'�: ('�(Pl..- �hiATrE F�INI$ti PA�� Ta varMtlelz:` o tjA7 -c44 13ZAtj CbLQ r,?Nfts� tow P pp-re-11 tAh &• t,7 fwdrt-r? tr--jir-Rt;- CefY:Tl�WAwr �.s1o1C o� Cc+Lop*. It l_tl��h4a�lohi: =lllOp Gt{{' V �l `FROM :Panasonic TAD /FAX PHONE NO. Dec. 19 1994 01:50PM P5 11I. TYPH "D" SIGN DETAIL Panasonic TAD /FAX PHONE NO. Dec. 19 1994 01:47PM P2 1 If EXHIBIT "C" SIGN CRITERIA La Quints Village Shopping Center GENERAL NOTES. The purpose of this criteria is to establish the sign standards necessary to insure coordinated proportional exposure for all tenants. Conformance shall be strictly enforced and any installed non - conforming signs shall be removed by the Landlord's sign contractor at tenant's expense. In the best interest of all tenants, the Qnly sign company authorized to design, construct, and, install signs shall be Signs & Services Company, 10980 ]boatman Ave., Stanton, CA 90680 - Contact name: Kevin McConnell (800)743 -6942. 1. Each tenant shall submit to the Landlord for approval two (2) copies of detailed shop drawing of its proposed sign indicating conformance to these criteria. Such submittals shall include but not be limited to pertinent dimensions, details and color call outs. 2. Each tenant shall pay for all signs, their installation and their maintenance. 3. Each tenant shall submit to Landlord approved drawings to all agencies requiring approval and shall pay for the required approvals and permits. 4. All work shall be of excellent quality. Landlord reserves the right to reject any work determined to be of insufficient quality by Landlord or the project architect. 5. All signs and their installation must comply with local building and electrical codes. Local sign ordinances should be consulted for requirements not covered in this criteria. 6. Tenant shall be responsible for penetrations, leaks and /or defacement caused by the sign contractor. 7. No animated, flashing or audible signs will be permitted.., 8. No exposed tubing lamps will be permitted. 9. No exposed raceways, cross overs, conduits, conductor transformers, etc. will be permitted. 10. Sign contractor shall- provide necessary fastenings and bracings to securely install the sign. 11, All tenants must have their sign built and installed prior to opening for business. SPECIFICATIONS FOR BLlLDING TENANT SIGNS. Type "A" Sign: 1. Only internally illuminated cabinet signs shall be permitted. (z of k tier -3ce,s ave cp 4-0 5r-rc:h ,-) D C -F' s&e l-e ns► ' n ^-1.._ -C t_i._.. - -- — — .L_ —E .L- - - - -... Extended Page 2,1 2. Color of letter up to the discretion of the ten 3. Sign face background shall be an opaque stucco finish, painted to thatch building. 4. Color of cabinet shall be painted to match color of beams. 5. Cabinet retainer shall be color of beams. 6. T etter.heights to be proportional to working surface arm 1. Type "C" Sign: ! ±. 1. Window Signage d Tenant shall be allowed to place in the upper window panel adjacent to the door not more than 144 square inches of hand painted, decal or stick -on lettering or graphics indicating hours of business, telephone numbers for emergency contact, approved credit cards, etc, No other window signage will be allowed including but not limited to temporary signs, sale banners, posters and product information without written Landlord approval. � Go nn �� tq v► WiVA 44 5t�v,, . - � r ' t ( 7 .. � i � _ i FROM : Panasonic TAD/FAX .\V S d Exhibit C - Sign Criteria La Qaictta Village Shopping Center PHONE N0. 7. Cabinet sign to be 1$" high x 10' long. 8. Type style shall be approved by Landlord. 9. Double and single -line copy shall be permitted. Dec. 19 1994 01:49PM P4 1' 10. All signs shall be mounted in allotted space and must align with other tenants. Type "B" Sign: 1. Tenant shall be allowed to place one (1) double -faced sandblasted redwood or cedar sign perpendicular to its storefront per adjacent drawing. Size not to exceed 4 square feet per face. Color and design by tenant, subject to Landlord's approval.. Type "C" Sign: 11 Window Signage - Tenant shall be allowed to place in the upper window panel adjacent to the door not more than 144 square inches of hand painted, decal or stick -on lettering or graphics indicating hours of business, telephone numbers for emergency contact, approved credit cards, etc. No other window signage will be allowed including but not limited to temporary signs, sale banners, posters and product informatio without written Landlord approval. {V1 covn`pl►aNlCz. l/J l'i7�1 Gt �l/� 51G�yt �Yol4 VtG� ✓'GQ U t re4WI"4XI 0 FRO*: Panasonic TAD/FAX PHONE NO. I'Yl'Ii "A" SIUN DI:'I'AIi. Dec. 19 1994.01:46PM P3 JD aDa •. PRO I MA c �LI;Varlot�l fli+3 MATTE Fl N4 ,51{ PA)OreI� TO h4pt�� c�t�is � t rzMM14BFWMAln ama6W14 � w �dt�t�; o(o,A�l� 4�►k f0jill(MISSiOW S�•yt_ � jv t Vge4l PLaa. tl Iwo,( 'r? Lslic s C :-re iANr C. AOiCE OF COLOR. Il l_tlf�N�•Tlot�� '=tl{Op�SaGt� {" . d�JQ AuarH vJ u Na ' E�.lYra A. �t1�STmUAr1oF� [ r ;,rAI .. I10p. FROM :Panasonic TAD /FAX PHONE NO. Dec. 19 1994 01:50PM P5 I TYPH "B" SIGN DL'1'AI1. 1 FROM : Panasonic TAD /FAX PHONE NO. Dec. 19 1994 01:52PM PG 1 0 s ; P1240" -AI0,4V Or O"' 1 "ATM SECTION- DETAIL SCALE: 3" 1 ' -0" 1 FROM Panasonic TAD/FAX PHONE NO. Dec. 19 1994 01:52PM P8 ... ........ _. i %S�Q a IQN, Pr- TAIL SCALE: 3" -i -0" b il�� -- - -� - - - =. J M V) m �7 Q1 Ql Q1 C} Q1 A i O Z W Z Q LL G Q F-- U O N ro a_ SCALE. 1` =l' -V SINGLE FACED, INTERNALLY ILLUMINATED UNDER CANOPY CABINET SIGN o CABINET: FABR_ FROM AWMINUM, PAINTED MATTE BROWN FINISH TO MATCH BEAMS FACE: 1 i THICK, 6# DENSITY - SINN i 'OAM ROUTED OUT FOR CJPY & BACKED WITH PLEXIGLAS. (PLEXIGLAS (,C)! OR Tip GAF F' pT=m%Aim=r x hh� FROM : Panasonic TAD /FAX — PHONE NO. -� 74:- r � -; _1. s A..]'., } (l � Dec. 19 1994 01:52PM P9 I�� t:�, 7 �a �� r� ��.• _ ., ' f- 4. :' V y Ti4 4 a& • FIE CUPW 78495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 December 1, 1994 Southern California Flag Pole Company 4551 York Boulevard Los Angeles, CA 90041 SUBJECT: FLAG POLE FOR LA QUINTA .VILLAGE (PLOT PLAN 91456) Dear Sirs: This is to inform you that your request for a 30 -foot high flag pole at the La Quinta Village Shopping Center at Washington Street and Calle Tampico in the City of La Quinta has been approved subject to the pole color being a dark bronze to match the parking lot lighting poles. You must obtain a building permit prior to installation of this pole. The Planning Commission noted that you should follow proper flag etiquette (Le., providing lighting for the flag if the flag is not removed at night} Should you have any questions concerning the above information, please feel free to contact the undersigned. Very truly yours, JERRY BERMAN COMMUNITY DEVELOPMENT DIRECTOR e).434W* STAN B. SAWA Principal Planner SBS:bjs c: Building & Safety Department Mr. John Koenig, The Koenig Companies MAILING ADDRESS - P.O. BOX 1.504 - LA QUINTA, CALIFORNIA 92253 LTR33.W hk C 78-495 CALLE TAMPICO — LA QU1NTA, "CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 October 18, 1994 Mr. John Koenig The Koenig Companies 2601 Airport Drive, Suite 240 Torrance, CA 90505 SUBJECT: LANDSCAPING FOR LA QUINTA VILLAGE (PP 91 -456) Dear Mr. Koenig: We are in receipt of your letter dated October 13, 1994, regarding the temporary landscaping of Pads "A ", "B ", and "D It is acceptable to plant rye grass seed with temporary rotary head irrigation for Pads "A" and "D ". It is the opinion of the Community Development Department that Pad "B ", which is proposed to be developed with the restaurant, should also be planted with rye grass seed and provided with temporary irrigation. We feel this should be done for the following reasons: 1. It will present a finish appearance to the shopping center when it opens in late November. 2. The rye grass seed, which is a winter grass only, will last through the winter season and spring season and die out in time for your proposed construction. 3. The cost of planting rye and providing irrigation for the one pad is minimal. 4. In the event that the restaurant is not built as scheduled, this will ensure that the corner intersection is aesthetically pleasing for the shopping center and the City. Please note that for those pads which are not constructed on by next Spring when the rye grass dies out, replanting with some other type of plant material will be required. Should you have any questions regarding this matter, please feel free to contact the undersigned. Very, truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR b STAN B. SAWA Principal Planner SBS:bjs c: Mr. Tab Johnson, Rich Development Richard Kirkland, Building & Safety Department MAILING ADDRESS - P.O. BOX 1504.. LA QUINTA, CALIFORNIA 92253 LTRSS.564 i All l 1� The KOENIG Companies REAL ESTATE October 13, 1994 Mr. Stan Sawa Associate Planner CITY OF LA QUINTA 78 -495 Calle Tampico La Quinta, CA 92253 RE: La Quinta Village Landscape Finish Dear Stan: - D U.U. nn l� 0CT 1 7 W4 IN L6 Rill QUINTA PLANNING DEPARTMENT To confirm our discussion of October 12th, it is our intent to landscape the freestanding pads as follows: 1. Pad A shall be seeded with rye grass and rotary head temporary irrigation system installed. 2. Pad B shall be treated with an emulsion cap to hold the soil firm pending construction of a restaurant building. Since it is anticipated that commencement of construction for the restaurant shall occur during the first quarter of 1995, we request approval that no additional landscaping be installed at the present time. 3. Pad D shall be seeded with rye grass with and rotary head temporary irrigation system installed. It is important that you know Pad A is owned by First Bank of Palm Desert. Their plans are to design a permanent branch at that location during the first quarter of 1995 and commence construction of that branch during the second quarter of 1995. I presume they will agree to the landscaping and irrigation as described above for their parcel but I have not yet received written confirmation to that affect. 2601 Airport Drive, Suite 240 a Torrance, California 90505 (310) 534 -8060 • FAX (310) 534 -8220 a 1, F f. y Mr. Stan Sawa October 13, 1994 Page Two If you have any questions, please be sure and let me know. 7VVel yours, oenig JWK/jl cc: Tab Johnson �4: R, Ci L F'H'S/C 0P1ST -EP4 G . - TEL ;. 1 i -n 0 C t C1 F-1 a4 1 C5, N0 004 P 01 AMOc'ROCERYC'0,41PANY October 4, 1994 Mr. Tab Johnson Rich Development 796 W. 9th St., Suite 302 San Pedro, CA 90731 Re: Ralphs Market #195 /La Quinta Vendor Deliveries Dean Tab: x ( ;L:4'L7%,.41. OFFICL•'S v0.60XS4143 • LOS AkOELl6.CAVORNiA "064 -0926 irlevf�o,.0 13101 884_Wj&0 We share your concern regarding the proposed installation of the 18 foot screen wal l behind the dock area at the La Quinta store. While we understand the City's concern to reduce any nuisance noise to the neighbors, if I were a neighbor I certainly would not want to be looking at an 18 foot wall. As you are aware Ralphs' .standard dock configuration is designed to permit the standard store delivery from Ralphs tracks to be made directly into the building. There is no exterior dock to permit the storage of material handling - equipment or a noisy and unsightly environment that has been associated with market receiving docks. Ralphs is equally concerned about our vendor deliveries. In that regard, vendor activity generally takes place between 7:OO.-a.m. and 4:00 p.m. We do not accept evening deliveries except for Ralphs' trucks at any location. I hope this information is useful in avoiding a potentially undesirable situation for our neighbors at the La Quinta store. If you have any questions regarding the above please let me know. Sincere Jim Fessler Vice President Const.ructioh JF:jk CC: Doug Smith Art Garcia r O U Al D C i 0 7 1994 r CITY OF LA OUINTA PLANNING DEPARTMENT J ... �; � '„ 4 cupw 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 September 30, 1994 Mr. Michael Horton Horton Shephardson Associates 42 -575 Melanie Place, Suite S Palm Desert, CA 92260 SUBJECT: LANDSCAPING CORRECTIONS FOR LA QUINTA VILLAGE (PP 91 -456) Dear Mr. Horton: Our Department has reviewed the revised construction, planting and irrigation plans which were submitted on September 19, 1994. On our previous correction letter of August 31, 1994, we indicated that the boulders should match those used at the La Quinta .Civic Center across the street. The plans do not indicate this. It has come to our attention that building pads "A ", "B ", and "D" may not be built on immediately. In order to provide dust control and ' an aesthetically pleasing site, we would request .that the pads be planted with a perennial wildflower mix and provided with temporary irrigation. Please note that Coachella Valley Water District as well as the Riverside County Agricultural Commissioner approval is necessary prior to any planting or irrigation work taking place. Please revise the plans as noted above and resubmit them for our review with the above noted corrections, our review will be complete. Should you have any questions, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR `��• STAN B. SAWA Principal Planner SBS:bjs c: Mr. John Koenig, The Koenig Companies Mr. Tab Johnson, La Quinta Village Partnership Mr. Dave Harbison, Coachella Valley Water District MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 LTRSS.560 " 1 i 1 „ ., 1 � 4 78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 September 22, 1994 Mr. Tab Johnson La Quinta Village Partnership 796 West Ninth Street San Pedro, CA 90731 SUBJECT: LA QUINTA VILLAGE (PLOT PLAN 91 -456) Dear Tab: Pursuant to our discussion on September 19, 1993, the Community Development Department has given approval to modify the roof tile proposed to be used in the La Quinta Village from the original Spanish clay to a red tile. Please submit a. sample and manufacturers brochure on the proposed tile for our files as soon as possible. Please note that prior to any modification of the exterior material, design, colors, etc., the Community Development. Department must approve the change. Please submit a plan, sample, and manufacturers brochure, etc. on any newly proposed material or change as may be appropriate. Should you have any questions regarding the above information, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN Planning & Development Director JH:SS:bjs c: Mr. John Koenig, The Koenig Companies Mr. Sean Roberts, The Nadel Partnership Building & Safety Department LTRSS.553 MAILING ADDRESS - P.O. BOX 1504 LA QUINTA, CALIFORNIA 92253 i R 7 78-495 CALLE TAMPICO - LA_ QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 September 8, 1994 Mr. Sean Robert The Nadel Partnership 1990 South Bundy Drive, 4th Floor Los Angeles,, CA 90025 SUBJECT: LADDER DETAIL FOR SHOP #2 AT LA QUINTA VILLAGE (PP 91 -456) Dear Sean: This letter is to report approval of the recessed ladder detail for the north side of Shop #2 within the La Quinta Village Shopping Center. With this revision to the ladder, the building will be recessed approximately 1'2" for a width of three feet in order to allow the ladder to be recessed into the wall with a solid metal cover placed over the recessed opening from the bottom of the building to the top of the parapet. The ladder .cover is to be painted to match _ the adjacent building walls. Attached is a copy of the plan which you submitted for our review. Please make whatever changes are necessary to the final building plans and submit them to the Building and Safety Department and Community Development Department. Please make sure that the contractor is made aware of the required change. Should you have any questions regarding this matter, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bjs Enclosures c: Mark Harold, Building & Safety Department Mr. John Koenig, The Koenig Companies Mr. Tab Johnson, Rich Development MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 LTRSS.547 �l \fE • �aI rn .r 8 �f Ig , m � rl� i� y 5 V ai 110-6 (,lrlol 4- 0 41k, � ��a a' 71'.7AL PAGE .002 ,:� � .�. .. �- � � . � 1 � ►-�, r �� w �� _,. i ti .. ', ' . .. ' 1 j- t F 78 -495 CALLE TAMPICO — LA DUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 August 31, 1994 Mr. Mike Horton Horton Shepardson Association 42 -575 Melanie Place, Suite 5 Palm Desert, CA 92260 SUBJECT: LANDSCAPING CORRECTIONS FOR LA QUINTA VILLAGE (PP 91 -456) Dear Mr. Horton: Our Department has reviewed the landscaping and irrigation plans which you recently submitted. The following corrections will need to be made before we can approve the plans for installation: 1. The retaining /screen walls section view along Washington Street and Calle Tampico indicates berming up against the street side of the wall. The plans do not reflect the extent or location of the mounding which is to be provided. Details on the berming need to be submitted. 2. The plans need to be reviewed and approved by the Coachella Valley Water District (CVWD) and Riverside County Agricultural Commissioner. Please submit verifications of these approvals prior to installation. Any changes required by CVWD shall be submitted to the Community Development Department for review. 3. Incorporate additional landscape boulders on Calle Tampico and Washington Street similar to those used at City Hall. The type of boulders proposed at Washington Street/Calle Tampico intersection is not clear. 4. Show provisions for bicycle racks as required by the Off -Street Parking requirements. Bicycle racks should be spread throughout the shopping center. 5. The emergency access shown into the property north of Ralphs supermarket will require removal of landscaping in the future We would suggest that no trees be placed in the access area. Please show these changes on the plans LTRSS.546 MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 �J j .'; .ky� ,fir . i >'a� VA 6. The Blue Palo Verde and Sonoran Palo Verde trees are labeled as both being Cercidum floridum. The Sonoran Palo Verde is a Cercidum parecox. If the Sonoran Palo Verde is used, please correct the plans and show their location within the shopping center. Along the west and north perimeters, the larger Blue Palo Verde should be used for maximum screening. 7. All boulders used shall match those used on the La Quinta Civic Center site. 8. Place a note on the plans indicating that all shrubs adjacent to the perimeter parking spaces adjacent to the streets shall be allowed to grow to a height between 31h to 4 feet for screening purposes. 9. Plans for the fountain between Buildings "A" and. "B" shall be reviewed and approved by the Community Development Department prior to any construction of said fountain commencing. 10. Areas of lawn in the parking lot are acceptable provided they are designed to be irrigated without overspray (i.e., do not use in curved areas). Please make the necessary corrections and resubmit one set of the plans for review as soon as possible. Very truly yours, JERRY HERMAN ' PLANNING & DEVELOPMENT DIRECTOR WILWAir . / .: STAN B. SAWA Principal Planner SBS:bjs c: Mr. John Koenig, The Koenig Companies Mr. Tab Johnson, Rich Development Company LTRSS.546 • �W 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 August 24, 1994 Mr. Jim Engle, Jr. mperial Sign Company 46 -120 Calhoun Street Indio, CA 92201 SUBJECT: SIGN PROGRAM FOR LA QUINTA VILLAGE (PP 91 -456) Dear Jim: Pursuant to your request, I have reviewed the sign program text for the La Quinta Village Shopping Center and find it acceptable. Please note that on Page 2 of the sign program under #8 of the Specifications for Monument Pad Signs, the sentence is- incomplete and needs correction. One of the Conditions of Approval requires that "La Quinta Village" be removed from the pad monument sign and the sign lowered by six inches to eliminate the "La Quinta Village" background area. Please submit a revised drawing of this sign indicating the revisions required. Once we have received the revised plan for the pad monument signs, we will consider the sign program final. Should you have any questions regarding the above, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING 8z DEVELOPMENT DIRECTOR 05+0%� Ib. 050A"46 STAN B. SAWA Principal Planner SBS:bjs c: Mr. John Koenig, The Koenig Companies MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 July 29, 1994 1 4 78495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 Mr. Jim Pulsipher Hallis Engineering, Inc. 5410 Wilshire Boulevard, Suite 303 Los Angeles, CA 90036 SUBJECT: I LIGHTING PLAN FOR LA QUINTA VILLAGE (PLOT PLAN 91 -456) Dear Mr. Pulsipher: The Planning and Development Department has reviewed the. site lighting plan which we received on July 25, 1994, pursuant to your letter of July 21, 1994. This is to determine which exterior light fixtures will initially be required to be installed with a shield. On one of the photometric site plans for 25 -foot high poles, which was previously submitted by Sean Robert of the Nadel Partnership, we have marked which light fixtures will initially be required to be supplied with a light shield (see enclosed). This plan also shows the exterior building lighting on the west and north side of the Ralph's Supermarket. Please note that the four lights on the north side of the market plus the one. light closest to the westerly property line will need to be supplied with a light shield. Pursuant to the Planning and Development Department's agreement with Tab Johnson of Rich Development, the light fixtures indicated on the plans will be required to have a light shield. Should there be valid concerns and /or complaints, additional light shields may be required once the system is in operation. The shield design you submitted on July 25, 1994, is acceptable provided that it provides a minimum of 6- inches of cover and is the same color as the light fixture. Please make sure that the final lighting plans provide for the light shields as required by the Planning and Development Department. These shields will need to be in place prior to issuance of a Certificate of Occupancy. LTRSS.544 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 Should you have any questions regarding this matter, please feel free, to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DEPARTMENT i Ir STAN B. SAWA Principal Planner SBS:bjs Enclosures (for Hallis Engineering only) c: Mr. Tab Johnson, Rich Development Company Mr. John Koenig, The Koenig Companies Mark Harold, Building and Safety Department LTRSS.544 July 29, 1994 4 FIE COH 78-495 CALLE TAMPICO — LA QUINTA; CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 Mr. Tab Johnson Rich Development Company 796 West Ninth Street San Pedro, CA 90731 SUBJECT: ACOUSTICAL ANALYSIS FOR RALPHS MARKET (PP 91 -456) Dear Tab: With regards to the sound wall for the Ralphs Supermarket loading area, we feel it would be beneficial to do an analysis of the noise impacts if no deliveries are permitted between the hours of 10:00 P.M. and 7:00 A.M. This will allow us to compare the results with the original noise study which was submitted. Please submit this information as soon as possible. Should you have any questions regarding this matter, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DEPARTMENT E5 • eavm STAN B. SAWA Principal Planner SBS:bjs c: Mr. John Koenig, The Koenig Companies MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 LTRSS.545 • f♦ � t � 4 78495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 July. 25, 1994 ' Mr. John Koenig The Koenig Companies 2601 Airport Drive, Suite 240 Torrance, CA 949A5 Al 0505 SUBJECT: SIGN PROGRAM FOR LA QUINTA VILLAGE CENTER (PLOT PLAN 91- 456) Dear John: This is to inform you that the Planning Commission at its meeting of June 28, 1994, . approved your sign program, subject to amendments. Attached is a copy of the sign program Conditions of Approval and original sign program text. Please note that these conditions must be incorporated into the sign program text submitted by Mr. Jim Engle of Imperial Sign Company. Once the corrections have been made to the sign program text, please submit a copy to the Planning and Development Department for review and approval. 0 This must be done prior to issuance of the first sign permit. Should you have any questions regarding the above information, please contact the undersigned. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bjs Enclosures c: Mr. Jim Engle, Imperial Sign Company - Mr. Tab Johnson, Rich Development Company MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 . LTRSS.541 10E CITY OF LA QUINTA 78 -495 Calle Tampico La Quinta, CA 92253 Attention: Stan B. Sawa HALLIS ENGINEERING, INC. CONSULTING ELECTRICAL EN01NEERS� � 7' � ��=°- _ Regarding: La Quinta Village N.W.C. of Calle Tampico & Washington St. La Quinta, CA Dear Mr. Sawa, HEI Job No.: 94 -129A Enclosed are two (2) copies of the latest approved lightingg plans. As we discussed, please indicate those fixtures you feel should be shielded on one plan and return to me. The photometrics for the LSI Greenbriar series with a flat lens is exactly the same as with a dropped lens. As you directed, we will specify a flat lens on our plans. Please use the latest computer read -out recently sent to you by Sean Robert at The Nadel Partnership. Also for your information, I am enclosing a drawing showing a fixture with a back side shield. We use this shield when fixtures are located on properly lines where backlight may be a problem. Please call if you have any additional questions. Very truly yours, HALLIS ENGINEERING, INC. it / cc: Sean Robert - TNP File JP /lg 5410 Wilshire Blvd., Suite 303 ■ Los Angeles, Ca. 90036 ■ (213) 933 -1068 ■ Fax No. (213) 937 -7016 JUL 2 5 IS94 f � HEI Job No.: 94 -129A Enclosed are two (2) copies of the latest approved lightingg plans. As we discussed, please indicate those fixtures you feel should be shielded on one plan and return to me. The photometrics for the LSI Greenbriar series with a flat lens is exactly the same as with a dropped lens. As you directed, we will specify a flat lens on our plans. Please use the latest computer read -out recently sent to you by Sean Robert at The Nadel Partnership. Also for your information, I am enclosing a drawing showing a fixture with a back side shield. We use this shield when fixtures are located on properly lines where backlight may be a problem. Please call if you have any additional questions. Very truly yours, HALLIS ENGINEERING, INC. it / cc: Sean Robert - TNP File JP /lg 5410 Wilshire Blvd., Suite 303 ■ Los Angeles, Ca. 90036 ■ (213) 933 -1068 ■ Fax No. (213) 937 -7016 SERIES EZ SPECIFICATIONS s�) LUMINAIRE HOUSING ... shall be die formed heavy gauge aluminum construction, internally welded for strength, appearance and weathertight performance. LUMINAIRE DOOR AND LENS ... shall consist of a clear anodized extruded aluminum door completely gasketed with an extruded EPDM neoprene. The lens shall be a 3/16" thick high impact and heat resistant clear tempered glass, completely gasketed with I f� silicone and secured with spring tension glass clips. The door shall be hinged with two stainless steel pins and two spring loaded positive slide latches. I OPTICAL SYSTEM ... shall be a die formed segmented specular ALZAK® reflector designed to produce an ANSI —IES classification type III medium cut off distribution, and be easily field rotated to direct the light in any of four directions. The reflector shall contain a 600 volt mogul base heavy duty porcelain socket. BALLAST TRAY ... shall consist of either a Mercury Vapor, Metal Halide or High Pressure Sodium ballast, mounted on a hinged tray completely prewired with quick disconnect plugs and secured with a positive quarter turn fastener, MOUNTING ARM ... shall be a rectangular extruded aluminum arm with a minimum .125 wall thickness mounted with concealed thru bolts. STANDARD FINISH ... shall be medium bronze baked enamel.' ' MAINTENANCE ... the door, reflector and ballast tray shall be easily hinged and removable without tools. HARDWARE ... all mounting fasteners, hinge pins and springs shall be stainless steel. U. L.... shall be U.L. listed. ED F�--- L---T_0 � LIGHTING SYSTEMS. INC. 1011 TAt!t44Q MEMORANDUM TO: MARK HAROLD, BUILDING & SAFETY DEPARTMENT FROM: STAN SAWA, PRINCIPAL PLANNER DATE: JULY 20, 1994 SUBJECT: PLAN CHECK FOR CORRECTIONS FOR SHOP BUILDING #2 IN THE LA QUINTA VILLAGE SHOPPING CENTER (PLOT PLAN 91 -456) In our plan check corrections for Shop Building #2, dated June 17, 1994 (see attachment), staff noted that the Municipal Code prohibits exterior roof access ladders facing adjacent properties. The plans for Shop Building #2 which I recently saw, still shows an access ladder along the north elevation. This ladder must be removed or relocated and provided as an interior ladder. This memo is to verify that the correction has been made as is required. Please let me know as soon as possible whether this correction has been made since construction is beginning. Enclosure c: Tom Hartung, Building & Safety Director MFMOSS.228 TO: FROM: DATE: SUBJECT: Tibf 4 MEMORANDUM FILE COPY MARK HAROLD, BUILDING & SAFETY DEPARTMENT STAN SAWA, PRINCIPAL PLANNER ca�&` JUNE 17, 1994 PLAN CHECK CORRECTIONS FOR SHOP BUILDINGS AT THE LA QUINTA VILLAGE SHOPPING CENTER (PLOT PLAN 91 -456) The Planning and Development Department has reviewed the working drawings for the shop buildings at the La Quinta Village Shopping Center and finds that the following items still require our clearance: 1. We need to review and approve the exterior building mounted lighting for Shop #1 and #2 for all lights which face either west or north. Submission of a manufacturers cut sheet indicating that the light will be downshinning with a recessed light source is required. �� Section 9.156.195(F), of the Municipal Code prohibits wall mounted exterior roof access ladders when facing adjacent property. On Shop building #2 the plans indicate on the north elevation such a ladder. This ladder must be removed or relocated and provided as an interior ladder. c: Tab Johnson, Rich Development Company Shawn Roberts, The Nadel Partnership Mr. John Koenig, The Koenig Companies MFMOSS.218 July 14, 1994 1 4 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 Mr. Sean Robert The Nadel Partnership, Inc. .1990 South Bundy Drive, 4th Floor Los Angeles, CA 90025 SUBJECT: LIGHTING FIXTURES FOR THE LA QUINTA VILLAGE (PP 91 -456) Dear Sean: In response to your fax of July 12, 1994, regarding the site lighting fixtures for the La Quinta Village Center, the Greenbriar -Flat Lens fixture is acceptable for use as both a parking lot and building lighting fixture. As previously approved, the parking lot poles may be 25 -feet in height maximum. Please let me know whether using this fixutre will require any photometric site plan modifications or not in order for us to determine which lights will need shields per our discussion with Tab Johnson of Rich Development Company. Should you have any questions or comments concerning the above information, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING. & DEVELOPMENT DIRECTOR 4:5�� b, ,:54m/T� STAN B. SAWA Principal Planner SBS:bjs c: Mr. Tab Johnson, Rich Development Company Mr. John Koenig, The Koenig Companies Mark Harold, Building & Safety Department MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 LTRSS. 537 July 8, 1994 78495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 Mr. John Koenig The Koenig Companies 2601 Airport Drive, Suite 240 Torrance, CA 90505 SUBJECT: SIGN PROGRAM FOR LA QUINTA VILLAGE SHOPPING CENTER (PLOT PLAN 91 -456) Dear John: This is to report approval of the sign program for the La Quinta Village Shopping Center at the northwest corner of Washington Street and Calle Tampico. The Planning Commission, at their meeting of June 28, 1994, reviewed and approved the sign program subject to amendments and Conditions of Approval. Attached is a copy of the Conditions of Approval pertaining to the sign program. Please note that the Conditions of Approval require that your sign program text, prepared by Imperial Sign Company, be amended to reflect the conditions of Approval. Please submit two copies of the revised text to the Planning and Development Department. Should you have any questions regarding this matter, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING AND DEVELOPMENT DEPARTMENT e � ��- e), 6 A W A, STAN SAWA Principal Planner S S: kaf Enclosure c: Tab Johnson, Rich Development Company Jim Engle, Jr., Imperial Sign Company LTRSS.009 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 171 CONDITIONS OF APPROVAL - FINAL PLOT PLAN 91 -456 - LA QUINTA VILLAGE PARTNERSHIP SIGN PROGRAM - LA QUINTA VILLAGE SHOPPING CENTER JUNE 28, 1994 GENERAL: 1. The sign program for the La Quinta Village Shopping Center shall be subject to the sign program on file in the Planning and Development Department, subject to the following modifications: A. The final text of the sign program incorporating these Conditions of Approval shall be submitted to the Planning and Development Department prior to issuance of the first sign permit. B. Each tenant for the shop buildings shall be limited to one sign only with corner tenants allowed a second sign on the second frontage. C. Steel supports for the shop building tenants shall be painted to match the background stucco color. D. The sign heights for the First Bank shall be a maximum of two feet high, as approved by the Planning Commission during consideration of the building approval. E. A maximum of two (2) freestanding signs (shopping center identification and pad monument) shall be allowed per street (Washington Street and Calle Tampico). Specific location to be subject to approval of the Planning and Development Department. F. La Quinta Village" shall be removed from the pad monument signs and the sign lowered by six inches to eliminate the "La Quinta Village" background area. CONAPRVL.133 1 July 6, 1994 COPY 78 -095 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 Mr. Sean Robert The Nadell Partnership, Inc. 1990 S. Bundy Drive, 4th Floor Los Angeles, CA 90025 SUBJECT: LIGHTING FIXTURES FOR LA QUINTA VILLAGE (PLOT PLAN 91 -456) Dear Sean: In response to your submittal.of June 29, 1994, regarding the parking lot lighting plan and fixtures for the La Quinta Village, staff cannot approve the LSI Greenbriar- medium/ large light fixtures or the doral building light. The original parking lot light, which we approved in May, 1994, was the LSI Citation fixture which has a flat lens. The Greenbriar light has a dropped, curved lens which is not acceptable due to glare potential. The Doral series building mounted lighting is not acceptable because it is adjustable. We require a down shining box type light which cannot be adjusted upward. Please submit alternate lighting fixtures which comply with our requirements. Should your photometrics be changed by the new lighting fixtures, a new plan is required. Please show which fixtures will be shielded per our discussion with Tab Johnson. Should you have any questions regarding this matter, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING AND DEVELOPMENT DIRECTOR 1�-) Z:�?cUw-25�- STAN B. SAWA Principal Planner S S : kaf c: Building and Safety Department Jerry Herman, Planning and Development Director Tab Johnson, Rich Development Company John Koenig, The Koenig Companies C MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 =55.006 !J i CONDITIONS OF APPROVAL - FINAL PLOT PLAN 91-456 - LA QUINTA VILLAGE PARTNERSHIP SIGN PROGRAM - LA QUINTA VILLAGE SHOPPING CENTER NNE 28, 1994 1. The sign program for the La Quinta Village Shopping Center shall be subject to the sign program on file in the Planning and Development Department, subject to the following modifications: A. The final text of the sign program incorporating these Conditions of Approval shall be submitted to the Planning and Development Department prior to issuance of the first sign permit. B. Each tenant for the shop buildings shall be limited to one sign only with corner tenants allowed a second sign on the second frontage. C. Steel supports for the shop building tenants shall be painted to match the background stucco color. D. The sign heights for the First Bank shall be a maximum of two feet high, as approved by the Planning Commission during consideration of the building approval. E. A maximum of two (2) freestanding signs (shopping enter identification and pad monument) shall be allowed per street (Washington Street and Calle Tampico). Specific location to be subject to approval of the Planning and Development Department. F. La Quinta Village" shall be removed from the pad monument signs and the sign lowered by six inches to eliminate the "La Quinta Village" background area. CONAPRVL.133 1 June 17, 1994 COPY T-ily 4 78 -095 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 Mr. Tab Johnson Rich Development Company 796 West Ninth Street San Pedro, CA 90731 SUBJECT: LA QUINTA VILLAGE SHOPPING CENTER (PLOT PLAN 91 -456, AMENDMENT #2) Dear Mr. Johnson: As of this date we have not yet received the revised lighting plan for the shopping center at the northwest corner of Calle Tampico and Washington Street. You were recently advised to revise the lighting plan pursuant to our recent discussion and submit those plans. Additionally, we are still waiting for the noise study which is required to determined the height of the loading area screen wall on the west side of the supermarket. This noise study must be submitted prior to construction of the wall. Any construction of a wall which does not comply with the noise requirements will require the wall to be reconstructed. Additionally, we are still waiting for specifications and cut sheet information for all exterior mounted lights to be used on the supermarket. Please note that the requirement is that the lights be downshinning with the light source hidden inside the light fixture to eliminate glare onto adjacent properties. Please attend to the above noted items as soon as possible since construction is scheduled to start shortly. Should you have any questions regarding this information, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bjs c: Mr. Shawn Roberts, The Nadel Partnership Mr. John Koenig, The Koenig Companies MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 1 i� LTRSS.525 June 16, 1994 78-495 CALLE TAMPICO - LA OUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 Mr. Dave Tschopp First Bank of Palm Desert 73 -000 HighwaY 111 Palm Desert, CA 92260 SUBJECT: OPA FOR KOENIG COMPANIES Dear Mr. Tschoop: As we discussed by telephone, this letter puts in writing those portions of the OPA that deal with your parcel purchase within the La Quinta Village Shopping Center. As a purchaser of the land, you must comply with Sections 401 and 406 of the OPA. Section 401 deals with Uses Permitted per the Redevelopment Plan; and Section 406 deals Nondiscrimination. The rest of the OPA does not apply to you. Should you have any questions concerning the above or if you need additional information, please contact me. e Very truly yours, Li'io'� RRY HERMAN Planning & Development Director JH:bjs MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 LTR]H.326 T-4ht 4:4a Qumro 78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 1994 FAX (619) 777 -7101 Mr. Sean Robert The Nad,6 4'artnership 1990 South Bundy Drive, 4th Floor Los Angeles, CA 90025 SUBJECT: REVISION FOR PARKING LOT LIGHTING PLAN FOR THE LA QUINTA VILLAGE (PP 91 -456) Dear Sean: This is to acknowledge a modification to the lighting plan which we previously approved on May 23, 1994. Please note that adjacent to Pad "D" we have made modifications to your request. You may, place a single head light on the north side of the common driveway with the adjacent residential property. However, since it is not a part of your property, you will need to obtain a written easement from the adjacent property owner. Please submit a copy of the easement to us for our records. The light closest to Washington Street should be placed west of the northwest corner of Pad "D" to provide safety lighting at the corner. The modifications which you have proposed adjacent to the south side of Pad "D" are acceptable. Attached is a copy of a portion of the lighting plan showing the approved revisions. When a revised photometric plan with these revisions is prepared, we would like a copy for our records. Should you have any questions concerning this letter, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bjs c: Mr. Tab Johnson, Rich Development Company Mr. John Koenig, The Koenig Companies Mark Harold, Building & Safety Department Engineering Department LTRSS.522 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 \4&' 3.3 1.4 .7 .7 A .♦ .1 Y&\/ I �' L_OCO,�ko Vj, 2 1.6 { • L8 3 46 17 1 3 3.8 1.3 1 •.1 1.8 1 91 J 7 17 AP ROVED BY PLANNING & DEVELOPMENT DEPAR MENT 6 3.3 2.4 35 36 22 1.3 2.1 2. BY -A,)-,71 DATE 1 2.8 31 3. 7 I I 88 ! 5I 3.9 s. EXHIBIT "N� !�' � - ✓�i�Yl'J 64 81 SI 1 3. . CAE N0. 8.3 39 33 3.4 Z. 1.1 16 1.. J 3.3 79 la3 7.5 J, _ i 3.3 116 1. 1: c7 ?S 31 3.4 2.1 FA L► c •8 , a 84 5.6 48RI1,; :.3 2.1 ' I t0.d 8.8 8.7 .6 t 3.1 27. 3?/ �3b 26 ✓ 21 16 15 .9 1S i E- 1 2 19 ?6 5 S5 36 18 l.9 ?l �c6' ;✓ • �� 3 3.2 7 8 1I -a ♦.a. 7 Y� . �-.__. -7.1 ._ A. ..� f..9 _ ....7 6 _ L S.# _ 2.9 APPROVED BY PLANNING & DEVEI BY � GLW�n DAl EXHIBIT CASE N0. -ba �b641p-- o✓i3iK) 4 "`� A O k- 3.3 o . ` lT May 23, 1994 78-495 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 Mr. Tab Johnson Rich Development Company 796 West 9th Street San Pedro, CA 90731 SUBJECT: PARKING LOT LIGHTING FOR THE LA QUINTA VILLAGE SHOPPING CENTER (PLOT PLAN 91 -456) Dear Mr. Johnson: This letter is to report approval of the parking lot lighting plan which you submitted on May 11, 1994, utilizing 20 -foot high light standards. Previously on April 29, 1994, a cut sheet from LSI (Lighting Systems) was submitted to us indicating that these light fixtures would be utilized. This fixture is a box -type down - shining light fixture with a flat lens (light source hitting within the box fixture). The light plan which you have submitted appears to utilize a different light fixture based on the description shown on the plan. If the LSI light fixture is not used, please submit a cut sheet from the light fixture company you intend to utilize for approval. The lighting plan is approved subject to minor modifications as follows: 1. At the northwest corner of Pad D, a two -head fixture shall be provided as shown on the enclosed lighting plan. This is in order to provide adequate lighting at this corner which is a major entrance to the shopping center and a 90° turn. 2. On the driveway to Washington Street south of Pad C, move the light fixture closest to Washington Street from the south side of the driveway to the north side or add a fixture on the north side in order to provide adequate safety lighting for cars utilizing this driveway. 3. Due to the relocation of the light fixture in #2 above, move the light fixture immediately to the south adjacent to the perimeter landscaping to the north approximately 30 -feet as shown on the enclosed plan. LTRSS.518 41V MAILING ADDRESS - P.O. BOX 1504 - LA QUIN TA, CALIFORNIA 92253 �� S Enclosed is a copy of the approved lighting plan which you submitted showing the modifications. Please submit the final lighting plan as part of your working drawings so that we may verify that the plans are in conformance with our approval. Please note that the 20 -foot light standard height has been chosen due to the close proximity to the existing residences to the east and future residences to the west and north. Should you have any questions, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bjs Enclosure c: Engineering Department, without enclosures Mr. John Koenig, The Koenig Companies, without enclosures Mr. Sean Robert, The Nadel Partnership, without enclosures Building & Safety Department, without enclosures LTRS5.518 May 12, 1994 Mr. Jerry Herman City of La Quinta 78 -495 Calle Tampico La Quinta, CA 92253 RE: La Quinta Valley Dear Mr. Herman: MAY 7 1994 L11 l' LI LA oul. A PLANNING DEPARTMENT � O� �lQh As required by Item #24 of the conditions of approval for the above, below are listed the conditions that need to be satisfied. prior to building permit being issued. Item #16 - Has been completed. Item #17 - The report has been submitted for review. No issues or concerns are noted in the report. The Keith Companies will be retained to provide on sit monitoring of the grading plan. It is also agreed that the on -site monitor shall have the right to temporarily divert, redirect or halt the grading activity to allow for recovery of resources. Item #18 - Plans have been submitted to all the above agencies for review and approval. Item #22 - (A) A water truck will be on -site to irrigate the site as required to control dust. (B & C) We feel we are not applicable. (D) Has been submitted by the Keith Companies. Item #24 - By Copy of this letter. Item #31 - This is being completed by the Keith Companies. Item #32 - Plans are in for a second review and permit by C.V.W.D. 796 WEST NINTH STREET, SAN PEDRO, C A L I F 0 R N IA 90731 (3 10) 547 -3326 FAX (3 10) 5 47.1 177 Page 2 May 12, 1994 City of La Quinta Item #52 - Moorefield Construction has been contracted to construct these improvements. Item #53 - Will be complete. Item #58 - Is complete and incorporated in the grading plans. I believe this covers all the required conditions needing to be completed prior to any building permits being issued. Please let me know if you need any additional information. Sinc Tab J TJ:nv cc: Mike Rowe, Keith Companies Sean Roberts, Nadel Partnership C May 10, 1994 DEVELOPMENT COMPANY Mr. Stan B. Sawa City of La Quinta 78 -495 Calle Tampico La Quinta,. CA 92253 RE: La Quinta Valley Dear Stan: , I U a CITY OF LA. QUINTA- PLANNING DEPARTMENT Enclosed are two (2) copies of the proposed lighting layout and photo metrics for the 20' high scheme. Please review and let me know which layout, 35' 25' or 20' light standard height is approved. If you have any questions, please do not hesitate to call. Since ly, Tab Jo nson TJ: encls. 796 WEST NINTH STREET, SAN PEDRO, CALIFORNIA 90731 (3 10) 547 -3326 FAX (3 10) 547 -1177 �` :__�. e - ;.., ., 1 y ,.i KENDALL & BUCKNER A Pmfeesional Lew corporation 1936 East Deere Avenue, Suite 215 Santa Ana, CA 92705 (714) 261 -0500 FAX (714) 261 -2058 April 26, 1994 Michael G. Smooke, Esq. Fulbright & Jaworski 865 South Figueroa Street, 29th Floor Los Angeles, California 90017 -2571 Re: CC &R's La Quinta Village Ralphs Grocery Company Dear Michael: APR 2 7 1994 rile' Gt: LA 0 U i N T A pL MING DEPQ MENT aRobetG A KenclaD, Of C - , . I Matrhewsoat DmcaN ofcoansei VIA MESSENGER On behalf of La Quinta Village Limited Partnership, a California limited partnership, I enclose clean and redlined copies of the revised Declaration of Covenants, Servitudes, Conditions, Restrictions and Easements ( "CC &R's "). The enclosed CC &R's contain the changes requested by Ralphs, First Bank, the City of La Quinta, and my client. To recap our discussion of April 25, 1994, concurrently with my client's acquisition of the property, my client will sell a parcel to First Bank, N.A., a national banking association. Concurrently with the sale to First Bank, we will need to record a Reciprocal Easement Agreement on the shopping center and the bank parcel to provide the necessary reciprocal access and parking. As you know, the tentative parcel map for the shopping center has neither been completed nor filed with the City of La Quinta, but will be filed and ultimately recorded sometime within the next several months af= construction of the project is well underway. We con- template recording the enclosed CC &R's concurrently with the parcel map. Once the enclosed CC &R's have been agreed to by all parties, including First Bank and Ralphs, I will prepare the Reciprocal Easement Agreement to be recorded concurrently with the sale to First Bank utilizing the enclosed CC &R's as the form. This will insure that the appropriate restrictions and other matters are contained in the initial Reciprocal Easement Agreement, but that such Reciprocal Easement Agreement will provide for the parcelization in existence at the time the property is acquired and a parcel sold to First Bank. I have retitled the enclosed CC &R's as an "Agreement" rather than a Declaration since at the time it is recorded, First Bank will already own the bank parcel and must also sign the document. In Recital 1.5 and Section 2.1 of the enclosed CC &R's, I have added a pro- vision which provides that when the enclosed CC &R's are recorded, they will completely supersede the Reciprocal Easement Agreement recorded concurrently with the sale to First Bank. ,��n � Michael G. Smooke, Esq. April 26, 1994 Page Two As we further discussed, it will be necessary to amend the legal description on the Ralphs Lease and Ralphs Memorandum of Lease to exclude the First Bank parcel. Ralphs will, of course, have the rights to utilize the common area under the initial Reciprocal Easement Agreement and later under the CC &R's. Please call if you should have any questions or final comments. Very truly yours, WDB:sak Enclosure cc: Joe Rich (w /enclosure) VIA UPS Marc S. Homme, Esq. (w /enclosure) VIA UPS Tab Johnson (w /enclosure) VIA UPS Stan B. Sawa (w /enclosure) VIA UPS 1061.15.05/LTR2- Smooke /04.26.94 ,t -4 4a uGv "L E 90 y 78-495 CALLE TAMPICO - LA OUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 March 24, 1994 Mr. John Koenig The Koenig Companies 2601 Airport Drive, Suite 240 Torrance, CA 90505 SUBJECT: PLOT PLAN 91 -456, AMENDMENT ##2 Dear John: This is to inform you that the Planning Commission at its meeting of March 22, 1994, approved Amendment #2 to your commercial project located at the northwest corner of Washington Street and Calle Tampico. Your request must now go to the City Council as a report of Planning Commission action. We have scheduled it for the City Council meeting of April 5, 1994, at 3:00 P.M. Please plan on attending this meeting in case questions arise. Attached is a copy of the Conditions of Approval as amended and approved by the Planning Commission. Should you have any questions regarding this matter, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bjs Enclosures cc: Mr. Sean Roberts, The Nadel Partnership Engineering Department MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 ( ' LTRSS.498 r 4 4(4jQ�rw IL 0 KFAIM "I 1994 78495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 Mr. Mike Rowe The Keith Companies 41 -865 Boardwalk, Suite 101 Palm Desert, CA 92260 SUBJECT: DRAFT COVENANTS, SERVITUDES, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR SHOPPING CENTER AT THE NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO Dear Mike: The Engineering Department forwarded this document to us for our review. The Planning and Development Department has no major concerns regarding this document, however, we would offer the following comments: 1. Page 7 -5.2 (13.1): Please note that although this document indicates outdoor storage of shopping carts is permissible. The present approval does not allow any outdoor shopping cart storage. This will need to be approved prior to its use. Any outdoor cart storage adjacent to the market building will need to be screened from view of the parking lot. 2. Page 12 -5.6 (1): This paragraph refers to the truck loading ramp in the southeast corner of the market parcel. The loading dock is located near the southwest corner of the site. 3. Page 18 -8.2: The last sentence refers to the "Community Development Director" of the City of La Quinta. The title should read "Planning and Development Director ". This documents presently has a number of blanks which need to be filed in prior to recordation. After the blanks have' been filed in and the exhibits attached but prior to recordation, the Planning and Development Department would request a copy for our final review. Should you have any questions regarding this matter, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bjs cc: Engineering Department Mr. John Koenig , Ag- MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 14, LTRSS.507 • . , , ,3 `' T4ht 4 4a Q" 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 April 8, 1994 Mr. John Koenig The Koenig Companies 2601 Airport Drive, Suite 240 Torrance, CA 90505 SUBJECT: PLOT PLAN 91 -456, AMENDMENT #2 Dear John: This is to inform you that the City Council at its meeting of April 5, 1994, approved the Planning Commission report of action for your amendment. The Conditions of Approval, previously sent to you on March 24, 1994, are therefore final and apply to your project. I would like to note that Council Member Perkins did indicate a desire to have two lanes in at the signal at Calle Tampico.. However, this was not made a condition of approval and is therefore, not binding. Should you have any questions regarding this matter, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR deqM*"&' 05' STAN B. SAWA Principal Planner SBS:bjs cc: Mr. Sean Robert, Nadel Partnership Engineering Department MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 LTRSS.504 CONDITIONS OF APPROVAL - ADOPTED PLOT PLAN 91 -456 - AMENDMENT #2 - KOENIG COMPANIES MARCH 22, 1994 * Amended by Planning Commission 4 -28 -92 ** Amendment #1 + Amended by City Council 12 -1 -92 + + Amended by Planning Commission 1 -25 -94 + ++ Deleted by Planning Commission 1 -25 -94 • Amended by Planning Commission 3 -22 -94 • • Added by Planning Commission 3 -22 -94 GENERAL 1. • The development of the property shall be generally be in conformance with the exhibits contained in the file for PP 91 -456, Amendment #2, unless amended otherwise by the following conditions. 2.++ The approved plot plan shall be used within one year of the final approval date (November 24, 1994); 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 until completion. A one year time extension may be requested as permitted by Municipal Code. 3. There shall be no outdoor storage or sales displays without specific approval of the Planning Commission. 4. ** All exterior lighting shall be shielded and directed so as not to shine directly on surrounding adjoining properties or public rights -of -way. Alternative parking lot lighting plans utilizing light pole standards varying in height from 20 feet to 35 feet shall be submitted to the Planning Director for review and approval prior to issuance of a building permit. Light standard type and height with recessed light source shall also be reviewed and approved by the Planning Director. Exterior lighting shall comply with Outdoor Light Control Ordinance and Off - Street Parking requirements. 5. ** Adequate trash enclosures shall be provided for all structures and provided with opaque metal doors. Plans for trash enclosures to be reviewed and approved by the Planning Director prior to issuance of a building permit. Applicant shall contact the local waste management company to insure that enclosure size is adequate. Should recycling be required, recycling bins with enclosure shall be provided to the satisfaction of the Planning and Development Director. CONAPRVL.116 1 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 6. ** A six foot high decorative masonry wall shall be provided adjacent to the north and west • property lines except within ten feet of the Washington Street and Calle Tampico street right -of -way line where the wall shall be reduced in height to 30 inches: Adjaeefit to The wafl is to be ifisUdled if and when the " n 7. Handicapped parking spaces and facilities shall be provided per Municipal Code and State requirements. 8. As required by the General plan, the applicant shall provide a noise study by a qualified engineer to determine the impacts on the surrounding residential zones and uses. The noise study shall suggest mitigation measures which the City can require. 9. The screen wall height adjacent to loading docks shall be determined by the required noise study. Should the noise problems from the use of the loading areas arise, the Planning Commission shall retain the right to limit the hours of loading and unloading. Surrounding property owners and residents which could be affected by noise shall be notified of the Planning Commission consideration of limitations on delivery hours. 10. The project shall comply with all existing Off - Street Parking requirements including but not limited to shading of parking lot areas, shopping cart storage, and bicycle parking spaces. 11. ** Decorative screen walls provided adjacent to street shall be high enough to screen the parking lot surface and the majority of parked cars from view of the street. Determination, location, design, and of height of walls shall be made after review of landscaping and grading plans by the City. 12. Landscaping planters along the north and west property lines shall be provided at maximum width possible with all unusable areas adjacent to property lines provided in landscaping. 13. The project shall comply with applicable Arts in Public Places Ordinance requirements. 14. ++ A meandering six foot wide sidewalk shall be provided on Calle Tampico. On Washington Street the sidewalk shall be a meandering eight foot sidewalk with the sidewalk not touching the curb at any point except at the driveways and intersection of Washington Street and Calle Tampico. Sidewalks shall be in the parkway and landscaped setback lot. CONAPRVL.116 2 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 15.** Tower structures shall be a maximum 50 foot high from the finish grade. 16, Prior to issuance of grading or building permits, whichever occurs first, or lot line adjustment or parcel map shall be approved and recorded to separate the subject property from properties to the north. 17. The City shall retain a qualified archaeologist, with the developer to pay costs, to prepare a mitigation and monitoring plan for artifact location and recovery. Prior archaeological studies for this site as well as other unrecorded information, shall be analyzed prior to the preparation of the plan. 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: 1) identify the means for digging test pits; 2) allow sharing the information with the CVAS; and 3) 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 the 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 on 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 areas 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. CONAPRVL.116 3 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 18.** Prior to issuance of a building permit for construction of any building or use contemplated by this use, the applicant shall obtain permits or clearances from the following agencies: o City Fire Marshal o City of La Quinta Public Works Department o City of La Quinta Planning & Development Department o Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District o California Regional Water Quality Control board (NPDES Permit) Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building Department at the time of application for a building permit for the proposed project. 19. Provisions shall be made to comply with the terms and requirements of the City adopted Infrastructure Fee Program in effect at the time of issuance of building permit. 20. Final landscaping plans shall include approval stamps and signatures from the Riverside County Agricultural Commissioners Office and the Coachella Valley Water District. 21. • Bus turnout and bus waiting shelters shall be wed constructed as requested by. Sunline Transit prior to issuance of Certificates of Occupancy for any structures within the development. 22. Prior to issuance of any 'grading or building permits, the applicant shall submit to the Planning and Development Department an interim landscape program for the entire tract, which shall be for the purpose of wind erosion and dust control. The land owner shall institute blowsand and dust control measures during the grading and site development. These shall include but not be limited to: A. The use of irrigation during all construction activities; B. Planting of cover crop or vegetation upon previously graded but undeveloped portions of the site; and C. Provision of wind breaks or wind rows, fencing, and /or landscaping to reduce the effects upon adjacent properties and property owners. The land owner shall comply with requirements of the Director of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily while being used to prevent the emission of dust and blowsand. CONAPRVL.116 4 f Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 D. ++ Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust (PM10) Control plan prepared in accordance with Chapter 6.10, U Quinta Municipal Code. In accordance with said Chapter, the applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 23.** Construction shall comply with all local and State building Code requirements in effect at time of issuance of building permit as determined by the Building Official. 24. Prior to issuance of a grading permit, the applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those Conditions of Approval which must be satisfied prior to issuance of a building permit. 25. If shopping carts are stored outside, they shall be screened from view of the parking lot in a manner which is approved by the Planning and Development Director. 26. A parking lot striping plan including directional arrows, stop signs, no parking areas, and parking spaces shall be approved by Planning and Development and Engineering Departments prior to issuance of a building permit. All roof equipment shall be screened from view by parapet walls of building or other architecturally matching materials. Construction of pad buildings shall be subject to approval of a non - public hearing plot plan and approval by the Planning Commission. 27. All compact spaces shall be clearly marked "compact cars only" 28. That all conditions of the Design Review board shall be complied with as follows: , A. ++ A detailed complete sign program shall be approved by the Planning Commission prior to completion of the construction of the shopping center. The sign program shall include any identification signs for the shopping center. B. The architecture, materials, and colors of the pad buildings shall be architecturally compatible, (i.e., identical architecture, materials, and colors) with the main shopping center buildings. C. Cement plaster texture used on the buildings shall be of a decorative nature. D. ++ Additional architectural treatment including a tile roof shall be provided around the west side of Shop #1. Revisions shall be approved by the Planning Commission prior to issuance of a building permit. CONAPRVL.116 5 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 E. Between the street curbs and meandering sidewalks, no lawn shall be used within 5 -feet of the street curb. Irrigation systems between the curb and sidewalk or lawn shall be bubbler emitter type (no spaghetti tubing). F. The landscaping shall comply with the requirements as indicated in the Off -Street Parking Requirements. This includes the requirement of 50% shading of the parking lot area. G. The Off - Street Parking requirements also require established shopping cart return areas. These will have to be provided on the site. H, A preliminary landscaping plan indicating specific tree, shrub, and ground cover (including sizes) shall be reviewed and approved by the Planning and Development Department prior to preparation of final landscaping plans. The landscaping is to be water efficient and utilize drip or emitter irrigation (no spaghetti tubing) as much as possible. Along the south or front side of Shop #2, planting areas shall be provided. I. • Landscaping adjacent to the northern and western property lines shall be heavily planted to provide screening and buffering with the adjacent residentially zoned properties. In the landscape strip north of the supermarket area, all trees shall be a minimum IS foot high when planted. J. Additional tree wells and canopy trees shall be provided in the following areas: 1. • In the eight 14 parking space area west of Shop #1. 2. In the -two 14 -space parking areas between pads "B" and "C ". 3. In the 12- parking space area between pads "C' and "D ". K. Planting, mounding, and walls shall be provided in such a manner to provide screening of the parking lot area from perimeter streets. L. A decorative driveway pattern and colors shall be approved with final working plans. CITY FIRE MARSHAL: 29. The water mains shall be capable of providing a fire flow of 5000 gpm and an actual fire flow available from any two adjacent hydrants of 2500 gpm for a two hour duration at 20 psi. CONAPRVL . 116 6 Conditions of Approval .Plot Plan 91 -456 - Koenig Companies March 22, 1994 30. A combination of on -site and off -site Super fire hydrants, on a looped system (6" X 4" X 21/2"), 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. 31. Prior to issuance of a building permit, the applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review /approval. The plans shall conform to the fire hydrant types, location, and spacing, and the system shall meet the fir flow requirements. Plans shall be signed /approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 32. ** The required water system including fire hydrants shall be installed and accepted by the Coachella Valley Water District prior to the start of construction. 33. Buildings shall be constructed so that the fire flow required for any individual building or unseparated area does not exceed 3500 gpm. 34. 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. The approved plans, with the Fire Department job card must be at the job site for all inspectors. 35. If the building is used for high piled /rack storage, the building construction and fire . sprinkler system must meet NFPA 231C and Article 81 of the 1991 Uniform Fire Code. 36. Install a supervised waterflow fire alarm system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standards 72. 37. Install a manual pull smoke detection and voice evacuation fire alarm system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standards 72. 38. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning and Engineering Departments office for submittal requirements. 39. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. CONAPRVL.116 7 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 40. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. 41. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2AIOBC in rating. Contact a certified extinguisher company for proper placement of equipment. 42. Install Knox Lock Boxes, Model 4400, 3200, or 1300, mounted per recommended standard of the Know Company. Plans must be submitted to the Fire Department for approval of mounting location /opposition and operating standards. Special forms are available from this office for the ordering of the Key Lock Boxes. This form must be authorized and signed by this office for the correctly coded system to be purchased. 43. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 44. 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. 45. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning and Engineering staff at (619)863 -8886. ENGINEERING DEPARTMENT: 46.** The applicant shall dedicate public street right -of -way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans if any, and as required by the City Engineer, as follows: A. Washington Street: Major Arterial, 60 -foot half width; the Washington Street Specific Plan applies; B. Calle Tampico:. Primary Arterial, 50 -foot half width; the Calle Tampico Specific Alignment applies. The applicant shall execute right -of -way conveyance documents and return them to the City within 30 days after they are furnished to the applicant by the City. The applicant shall dedicate any easements necessary for placement of and access to, utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. The applicant shall acquire an easement for the portion of the north Washington Street access drive encroaching to the north of the property subject to this plot plan. CONAPRVL.116 8 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 The design of the tract shall not cause any change in flood boundaries, levels or frequencies in any area outside the tract. 47. The applicant shall vacate vehicle access rights to Calle Tampico and Washington Street from the site except as specifically provided in these Conditions of Approval. 48. + ** Access locations to the site and the character of the turning movements at those locations shall be as follows unless otherwise approved by the City Engineer: A. Washington Street (approximately. 440 feet north of Calle Tampico centerline), the driveway shall be 30 feet wide with the turning movements limited to right turn-in and out only. B., Washington Street (750 feet north of Calle Tampico centerline), the driveway shall be 54 feet (lanes) 52 feet (14'42'42'44' lanes) wide with no restrictions placed on the turning movements. This drive will function as a shared - access with the property to the north. The applicant shall redesign the interior street intersection for safe movement of traffic from both properties as well as Washington Street. The design presented for approval of the City Engineer should have the previous approval of the property owner to the north. C. • The Calle Tampico driveway, across from the Civic Center driveway, shall have no restrictions on turning movements. Specific design and width of the driveway shall be reviewed and approved by the City Engineer. D. • Calle Tampico (the west edge ef the dr-iYeway shall be five feet east ef the wes site bed (centered approximately 45' east of the east property boundary), the driveway shall be 30 35 feet wide with turning movements limited to right turn-in and out only. 49. The applicant shall provide a fully improved landscaped setback lot of noted width adjacent to the following street right- of- way(s): A. Calle Tampico, 20 feet wide; B. Washington Street; 20 feet wide. 50. The applicant shall form a merchant's association and obligate the association with the fiscal and operational maintenance responsibility for the maintenance and continued upkeep of the landscape setback lot and parkway area adjacent to the roadway along the segments of Calle Tampico and Washington Street that are contiguous to the site boundary. As an alternative, the applicant may choose to maintain the above areas. CONAPRVL.116 9 Conditions of Approval Plot Plan 91 -456 - Koenig companies March 22, 1994 51.** Landscape and irrigation plans for landscaped lots, common retention basins and park facilities shall be prepared by a licensed landscape architect. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor - mounted equipment. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above - ground utility structures. Landscape and irrigation plans shall meet the requirements of and be signed by the Planning Director, the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 52. • The applicant shall construct, or enter into an agreement to construct the site grading, off -site public improvements, and on -site common area improvements before the issuance of a site grading permit. Re appliew shall pay eash, in lieu of afld equivalent t responsibility that fnust be deferfed until the fuil eemplement of funding is availft by the applieaw. 53. The on -site grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to issuance of the grading permit. 54. ** The applicant shall retain a California registered civil engineer or geotechnical engineer, or surveyor, as appropriate, or designate one who is on the applicant's staff, to exercise sufficient supervision and quality control during grading of the site and construction of the improvements to insure compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the applicant and charged with the compliance responsibility shall make the following certifications upon completion of construction: A. All grading and improvements were properly monitored by qualified personnel during construction for compliance with the plans, specifications, applicable codes, and ordinances and thereby certify the grading to be in full compliance with those documents. B. The finished building pad elevations conform with the approved grading plans. SS...+ The applicant shall design and construct a storm drainage system to the satisfaction of the City Engineer. If the applicant elects to participate in a regional storm drainage system, the applicant shall pay a fair -share cost of the regional system as determined by the City. If the regional system is not yet available when this parcel develops, the CONAPRVL . 116 10 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 applicant shall design and construct interim facilities capable of storing or carrying the flows determined through the study required in Condition #56 herein. If the applicant elects or is required to utilize permanent on -site facilities, those facilities shall comply with the following requirements. Storm water run -off produced in 24 -hours by a 100 year storm, shall be retained on -site in landscaped retention basin(s) designed for a maximum water depth not to exceed six feet. The basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches -per hour unless the applicant provides site specific data that indicates otherwise. Other requirements include, but are not limited to, a grassed ground surface with permanent irrigation improvements, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. 56. The applicant shall have a focused master drainage plan prepared by a registered civil engineer to determine what storm water disposal facilities are needed to protect the site from flooding by off -site storm water. If the drainage study recommends the construction of off -site storm water disposal facilities, the applicant shall participate in the cost of the facilities, on a fair share basis. The tributary area to be studied includes all tributary land south of the La Quinta Evacuation Channel, east of Bear Creek Channel and west of Washington Street. 57. If the applicant utilizes a permanent on -site stormwater retention basin, the applicant shall install a trickling sand filter and leach field in the retention basin to percolate nuisance water in conformance with requirements of the City Engineer. The sand filter and leach field shall be sized to percolate 160 gallons per day per 5000 s. f. of landscaping. 58. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with grading plans. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and /or the engineering geologist must certify to the adequacy of the grading plan. A statement shall appear on the final subdivision map that a soils report has been prepared for the tract pursuant to Section 17953 of the Health and Safety Code. 59. ** The applicant shall complete improvements to streets fronting the development site. This + +e may include work beyond the site boundaries to provide a finished product that conforms with City standards and practices. The applicant shall construct a left turn pocket in the Calle Tampico median island to allow eastbound traffic to access the main entry drive to this development. CONAPRVL.116 11 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 Prior to issuance of a grading permit, the applicant shall reimburse the City for the City's cost of improvements to the applicant's half of Washington Street and Calle Tampico fronting the site of this development including a 25 % share of the traffic signal at Washington and Tampico. This requirement may be supplanted by other arrangements mutually acceptable to the applicant and the City. The following specific street width shall be constructed to conform with the General Plan street type noted therewith: A. OFF -SITE STREETS 1. Washington Street ( Calle Tampico to the northerly boundary of the site) - Install half -width Major Arterial, refer to La Quinta General Plan Figure VII -2. 2. Calle Tampico (Washington Street to the westerly boundary of the site) - Install half -width Primary Arterial (100 feet right -of -way option) refer to La Quinta General Plan Figure VII -2. 60. The applicant shall participate in the cost, noted as follows, of designing and installing traffic signals at the following locations: A. Washington Street at Calle Tampico, 25% cost participation. B. Calle Tampico, approximately 550 feet west of Washington Street, 50% cost participation. C. Washington Street, approximately 750 feet north of Calle Tampico, 100% initial cost participation nefth develops. The applicant may enter a reimbursement agreement with the City for reimbursement of up to 50% of the cost by the property to the north when it develops. 61. + ++ lot e4eng Calle Tafnpiee (6 feet wide) afld Washington Stfeet (8 feet wide). 62.** The applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. 63. The applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the Coachella Valley Water District for review and comment with respect to the District's Water Management Program. CONAPRVL.116 12 Conditions of Approval Plot Plan 91 -456 - Koenig Companies March 22, 1994 64, All existing and proposed utilities adjacent to or within the proposed development shall be installed underground. High voltage power lines which the power authority will not accept underground are exempt from this requirement. 65. All underground utilities shall be installed, with trenches compacted to City standards, prior to construction of any street improvements. A soils engineer retained by the applicant shall provide certified reports of soil compaction texts for review by the City Engineer. 66. The site shall be graded in a manner that permits storm flow in excess of the retention basin capacity, caused by a storm event greater than the 100 year 24 hour event, to flow out of the tract through a designated emergency overflow outlet and into the historic drainage relief route. Similarly, the tract shall be graded in a manner that anticipates receiving storm flow from adjoining property at locations that have historically received flow for those occasions when a storm greater than the 100 year 24 hour event occurs. 67. The applicant shall pay all fees charged by the City as required for processing, plan checking and construction inspection. The fee amount(s) shall be those which are in effect at the time the work in undertaken and accomplished by the City. 68. The applicant shall design and construct the parking lot in accordance with the La Quinta Municipal Code Off -Street Parking Ordinance. If the pad locations are proposed to be utilized by eating establishments, the Planning Commission during plot plan review, shall consider whether adequate off - street parking exists. If it is determined that additional parking is needed, the Planning Commission may require an unused pad to be converted to off - street parking. 69.** Grading, drainage, street lighting, landscaping and irrigation, park, gate, and perimeter wall plans are not approved for construction until they have been signed by the City Engineer. 70.** The City is contemplating adoption of a quality - assurance program for privately - funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, the applicant shall fully comply with the quality assurance program. If the quality- assurance program has not been adopted, the applicant shall adopt a construction quality - assurance program which meets the approval of the City Engineer. 71.** The applicant shall employ or retain a California registered civil engineers, geotechnical + + engineers, or surveyor, as appropriate, who will provide, or have his or her agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings and certify compliance of all work with approved plans, specifications, and applicable codes. CONAPRVL.116 13 A. Conditions of Approval Plot Plan 91 -456 - Koenig companies March 221, 1994 72. ** Upon completion of construction, the applicant shall furnish the City reproducible record ++ drawings of all plans signed by the City Engineer.. Each sheet of the drawings shall have the words "Record Drawings," or "As- Built" or "As- Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. PUBLIC UTILITIES (IMPERIAL IRRIGATION DISTRICT): 73.** The Imperial Irrigation District will need a ten (10) foot Public Utility Easement (PUE) ++ along the entire eastern and southern perimeters of this project, bordering Washington Street and Calle Tampico. The easement can be incorporated into areas designated for landscape or buffer zones. 74. ** Other easements will be required to provide electrical service to whatever type of facilities are constructed on the site. The width and location of the easements will be determined upon receipt of final plans for the project. 75.** All existing overhead conductors will be replaced with underground conductors at the developer's expense. They will be located in concrete encased duct banks constructed at the developer's expense. The number and size of these duck banks will be determined by the location of the load centers of the development. 76.** Transformers and distribution switches will be of the padmount variety and range in height above ground from 36 inches to 72 inches. Details of required clearances around these devices will be furnished at a later date. MISCELLANEOUS: 77.•• Prior to issuance of a building permit, the applicant shall provide a recorded easement to allow an emergency access north of the supermarket and pedestrian access west of pad "D" from the adjacent Jascorp project. Should the subject wall required by this project be constructed prior to the residential project, the cost incurred to modify the wall and adjacent planting and /or curbs shall be incurred by the residential project. The applicant shall provide a cold joint in the approximate location of the gate to be provided by the project to the north. CONAPRVL.116 14 • 4 �W cop � 78 -095 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 March 16, 1994 Mr. John Koenig The Koenig Companies 2601 Airport Drive, Suite 240 Torrance, CA 90505 SUBJECT: AMENDMENT #2 FOR PLOT PLAN 91 -456 Dear John: As a follow -up to our meeting of March 4, 1994, this is to notify you that we have not yet received your application request and $380 filing fee. If we do not receive this by March 17, 1994, we will need to postpone your item which has been scheduled for March 22, 1994, 7:00 P.M. before the Planning Commission. Please notify us as to when we will receive these items. Should you have any questions regarding this matter, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SS:bjs LTRSS.494 MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 r .,, � r:� �� r �4 ;,� � u T4hf 4 04� a" March 9, 1994 78 -495 CALLE TAMPICO - LA OUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 Mr. Mike Rowe The Keith Companies 41 -865 Boardwalk, Suite 101 Palm Desert, CA 92211 SUBJECT: PLOT PLAN 91 -456, KOENIG COMPANIES Dear Mike: Pursuant to our discussion on this date, this is to inform you that grading may occur along with subsequent construction of the above noted project located at the northwest corner of Washington Street and Calle Tampico, with the exception for that area which is subject to Amendment #2, which is presently being processed by the City. The area in question is noted on the site plan as Shop #1. Additionally, the aisle connecting the two driveways along Calle Tampico adjacent to Shop #1, cannot be graded until Amendment #2 has been processed and approved. Should you have any questions regarding this matter, -please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR 7f � b . IGAW -A. STAN B. SAWA Principal Planner SS:bjs cc: Mr. John Koenig City Manager Engineering Department LTRSS.492 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 922534 9 TW�t QU- * MA u 78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 March 4, 1994 Mr. John Koenig The Koenig Companies 2601 Airport Drive, Suite 240 Torrance, CA 90,05 S SUBJECT: AMENDMENT #2 FOR PLOT PLAN 91 -456 Dear John: This is to acknowledge receipt of the site plan, elevation plans, and 300 -foot radius map and labels for your amendment request. We have sent this. request out for comments. However, we have not yet received your application request and $380 filing fee. Enclosed is a copy of the application. Please fill it out and return it to us as soon as possible along with the required filing fee. When we have scheduled your request for Planning Commission review, we will notify you of the date. Should you have any questions regarding this matter, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR 4�5� &)I 4B4WVL STAN B. SAWA Principal Planner SBS:bjs cc: Mr. Sean Robert, Nadel Partnership LTRSS.490 MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 11 '.. I Sarah Flick 5417 Pacifica Dr. La Jolla, CA 92037. (714) 249 -7926 Mr. Mike Rowe The Keith Companies 41 -865 Boardwalk, Suite 101 Palm Desert, CA 92260 FAX: (619) 346 -9368 February 27, 1994 Dear Mr. Rowe: ire ft� ( t f Following is an account of the findings of the field survey of the La Quinta property on February 26, 1994. As per request, the survey was conducted to determine the presence or absence of the subshrub California ditaxis ( Ditaxis californica). The survey was not intended to document all the wildlife occurring or potentially occurring on the site. The 9.3 acre site is located within an empty lot of approximately 21 acres in the city of La Quinta in Riverside County, California. The site is bounded to the east and south by Washington Street and Calle Tampico, respectively. Housing developments and public buildings extend beyond these streets. The western boundary is adjacent to a clearing that contains a house and a row of tamarix trees. Approximately 11.818 acres of open space is located to the north, adajacent to a housing development. The survey was conducted during the late morning and afternoon of February 27, 1994. There had been no rain for over a week. Plant identifications are based on the species descriptions listed in The Jepson Manual, Higher PLants of California, (ed. J. Hickman, 1993), and in A Flora of Southern California, (P.A. Munz, 1974). Few of the native, spring - blooming, annual plants common to the Palm Desert /La Quinta region in the springtime were in flower at the time of this survey. If documentation of such species is needed, further surveys in late March or April will be required. Records were not available but roughly one -third of the area appears to have been bulldozed or scraped within the last several years. This assessment is based on presence of tractor tracks and sparse plant cover in these areas. The site is flat with poor drainage - the surface of the soil in the northern portion is visibly cracked. The flora onsite is dominated by species that are typical of disturbed, alkaline desert habitats, probably because of disturbance, poorly draining soil and proximity to development,. The dominant shrub is a saltbush species, Atriplex polycarpa and greasewood (Sarcobatus vermiculatus). Tumbleweed (Salsola tragus) and scattered Acacia are also present. The understory is dominated by Mediterranean grass (Schismus arabicus) , horseweed (Conyza canadensis) peppergrass (Lepidium sp.), and Cryptantha ( Cryptantha sp.). Estimated total plant cover is 50 %. California ditaxis, a shrub which grows up to 50 centimeters high, does not occur on the project site. This uncommon species typically grows in washes and canyons and neither of these habitats are present.onsite. Please contact me if I can be of further assistance in some way. Sincerely, Sarah Flick ,- ,,._ Y "' b. T4ht 4 4aaumrw i - _,Ir VIE CUPW 78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 �r 17, 1993 FAX (619) 777 -7101 Mr. John Koenig The, Koenig Companies 2601 Airport Drive Torrance, CA 90274 SUBJECT: PROPOSED AMENDMENT TO PLOT PLAN 91 -456 Dear John: This is to inform you that in order to amend your project at the corner of Calle Tampico and Washington Street, it will be necessary to file an amendment application (Amendment #2) rather than a time extension application as submitted. The amendment application is required due to the revision on the south end of the proposed market. This item must be reviewed by the Design Review Board, Planning Commission (at a public hearing), and City Council. In order to process the amendment, the following items must be submitted: 1. Amendment application for a plot plan (enclosed). 2. Filing fee of $300.00. Enclosed is your check for $75.00 (Time Extension fee). 3. On November 12, 1993, our Department received site and elevation plans from Nadel Partnership. The site plan is shown with the proposed revisions to Shop No. L However, the elevation plans do not coincide with the site plan. Please revise as necessary. Please make sure the site and elevation plans are fully dimensioned and noted (i.e., stall sizes, aisle widths, building heights, show scale elevation plans are drawn at, crosshatched area, etc.). 4. Twenty -five copies of revised site plan, elevation plans for the market and attached shops (all four sides), and preliminary landscaping plan showing the proposed revisions. 4. Three sets of mailing labels and Assessor's map (one set) for all property owners within 300 feet of the property. LTRSS.437 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 ♦.. '•� � v ` ;� r .r f Once we have the above noted items we can process your application. Processing time will take approximately 6 weeks to two months depending upon when you submit your application. Should you have any questions regarding this matter, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DEPARTMENT STAN B. SAWA Principal Planner SBS:bjs Enclosures cc: City Council City Manager LTRSS.437 V 1 ==---P-� 3673 THE KOENIG COMPANIES 2601 AIRPORT DR., NO. 240 310-534-8060 TORRANCE, CA 90505 16-49/100 November 8, 19 93 _ 1220 PAY TO THE ORDER OF CITY OF LA QUINTA $ 75.00 SEVENTY FIVE AND 00/100 DOLLARS Union Bank Los Angeles Downtown Regional Office 900 South Main Street Los Angeles, CA 90015-1730 FOR 'Pp-e for Approval Extension 11100 36 730 i:1 220004961:100131-136 L IL f I . ��. 1 � F k� H E C 1 T 1' 0 December 2, 1992 „f T Quinta !198.22 - !992 rrn Calm IrrraJr Mr. John Koenig The Koenig Companies 2601 Airport Drive Torrance, CA 90274 SUBJECT: PLOT PLAN 91 -456, AMENDMENT #1 Dear John: This is to inform you that the City Council at their meeting of December 1, 1992, accepted the Planning Commission's approval of your amendment request. At 1he,.request of Staff, the City Council did amend Condition #49.B. and #56. The changes to these conditions were essentially housekeeping changes which should have been made during the Planning Commission review. Attached is a copy of the revised Conditions of Approval for your use. Please note that these conditions must be complied with in order to construct your project. Should you have any comments regarding this matter, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bja Enclosures cc: Mr. Shawn Roberts, Nadel Partnership Engineer Department z. City of La Quinta Post Office Box 1504 • 78 -105 Calle Estado La Quinta, California 92253 LTRSS.266 Phone (619) 564 -2246, Fax (619) 564 -5617 Design & Product: r: Nark Palmer Design. 619.3 -6 0772 �. -d � ' J� 1 '1 r f� IMPERIAL IRR I t ION DISiAICi COACHELLA VALLEY POWER DIVISION 81 -600 AVENUE 58 • P.O.BOX 1080 *LA QUINTA, CALIFORNIA 92253 -1080 TELEPHONE (619) 398 -5811 • FAX (619) 398 -5848 PD -DDC November 13, 1992 Mr. Stan Sawa, Principal Planner NOV 1 9 �9�2 City of La Quinta 78 -106 Calle Estado� La Quinta, CA 92253 CITY QE LA QUINYA PLANNING DEPARTMENT Dear Mr. Sawa: Subject: PP 91 -456, Amendment No. 1, Koenig Companies, Northwest Corner of Washington Street and Calle Tampico In response to your letter dated October 26, 1992, relating to the above, please note the following: 1. The Imperial Irrigation District will need a ten (10) foot Public Utility Easement (PUE) along the entire eastern and southern perimeters of this project, bordering Washington Street and Calle Tampico. The easement can be incorporated into areas designated for landscape or buffer zones. 2. Other easements will be required to provide electrical service to whatever type of facilities are constructed on the site. The width and location of the easements will be determined upon receipt of final plans for the project. 3. All existing overhead conductors will be replaced with underground conductors at the developer's expense. They will be located in concrete.encased duct banks constructed at the developer's expense. The number and size of these duct banks will be determined by the location of the load centers of the development. 4. Transformers and distribution switches will be of the padmount variety and range in height above ground from 36 inches to 72 inches. Details of required clearances around these devices will be furnished at a later date. W 0 City of La Quinta -2- November 13, 1992 If you should have any questions regarding this matter or if I might be of some assistance, please advise. Yours very truly, 4w1k-1- 4jw�- THOMAS F. LYONS, JR. Engineer, Senior Coachella Valley Division TAMPICO.LTR zmnluhe TFon,22 Age- Unco MEMBER AGENCIES Cathedral City Coachella Desert Hot Springs Indian Wells Indio La Quinta Palm Desert Palm Springs Rancho Mirage Riverside County �s NOV 0 9 1992 Mr. Stan Sawa, Principal Planner City of La Quinta P. O. Box 1504 La Quinta, CA 92253 RE: PP91 -456, Amendment #1 Dear Stan: November 5, 1992 Thank you for allowing SunLine Transit Agency to review the plans for -the Koenig Company to be located on the northwest corner of Washington and Calle Tampico. As you know, SunLine Transit Agency operates Line 4 in the vicinity of this project. When the original plans were first submitted to SunLine Transit Agency in 1990, a bus turnout was included in the plans, and located on Calle Tampico close to the intersection with Washington Street. In February 1991, we received plans for this project which were a revision to the project and did not include the bus turnout. SunLine Transit Agency sent a letter to you dated February 26, 1991 asking that the city reinstate the bus turnout as a condition on the developer. We were under the impression that this had occurred. The plans I have accompanying the Amendment #1, do not include a bus turnout. We again ask the city's cooperation in requesting the developer include a bus turnout on Calle Tampico, close to the intersection of Washington Street. I would suggest that it be located behind Pad A. In addition, we request that a pedestrian walkway be made available from the bus stop into the primary store. Please let me know how I can assist you in this matter. SunLine Transit Agency is more than willing to work with the developer and with the city to design a mutually acceptable stop. Yours very truly, SU INE .TRANSIT AGENCY LU Debra Astin Director of Planning DA/ n 32 -505 Harry Oliver Trail -Thousand Palms, CA 92276 .(619) 343 -3456 . FAX (619) 343 -3845 A Public Agency GLEN J. NEWMAN FIRE CHIEF To: City of La Quinta Planning Division Attn: Stan wawa Re: Plot Plan 91 -456 RIVERSIDE COUNTY FIRE DEPARTMENT 210 WEST SAN JACINTO AVENUE • PERRIS, CALIFORNIA 92370 .(714) 657 -3183 November 2, 1992 This letter supercedes Fire Department letter dated April 2, 1991. 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 Riverside County Fire Department protection standards: 1. The water mains shall be capable of providing a fire flow of 5000 gpm, and an actual fire flow available from any two adjacent hydrants shall be 2500 gpm for 2 hours duration at 20 psi. 2. A combination of on -site and off -site Super fire hydrants, (6" x 4" x 2 1/2 ") on a looped system, will be located not less than 25' or more than 165' 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. Prior to issuance of building permit applicant /developer shall furnish one blueline copy of the water system plans to the Fire Department for review /approval. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet fire flow requirements. Plans shall be signed /approved by a registered civil engineer and local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 4. The required water system including fire hydrants shall be installed and operational prior to the start of construction. -I- PLANNING DIVISION ❑ INDIO OFFICE ❑ TEMECUTA OFFICE 79 -733 Country Club Drive, Suite F, Indio, CA 92201 41002 County Center Drive, Suite 225, Temecula, CA 92390 (619) 3428886 • FAX (619) 775 -2072 (714) 694.5070 • FAX (714) 694 -5076 ❑ RIVERSIDE OFFICE 3760 12th Street, Riverside, CA 92501 (714) 275 -4777 • FAX (714) 369 -7451 printed on recycled paper To: Planning Division November 2, 1992 Re: PP 91456 Page 2 5. Buildings shall be constructed so that the fire flow required for any individual building or unseparated area does not exceed 3500 gpm. 6. 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 buildings. System plans must be submitted to the Fire Department for review, along with a plan /inspection fee. The approved plans, with Fire Department Job Card must be at the job site for all inspections. 7. If the building is used for high piled /rack storage, the building construction and fire sprinkler system must meet NFPA 231C and Article 81 of the 1991 Uniform Fire Code. 8. Install a supervised waterflow fire alarm system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standard 71. 9. Install a manual pull, smoke detection and voice evacuation fire alarm system as required by the Uniform Building Code /Riverside County Fire Department and National Fire Protection Association Standards 72. 10. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning & Engineering office for submittal requirements. 11. Install panic hardware & exit signs as per Chapter 33 of the Uniform Building Code. 12. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. 13. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2AlOBC in rating. Contact certified extinguisher company for proper placement of equipment. 14. Install Knox Lock Boxes, Models 4400, 3200 or 13009 mounted per recommended standard of the Knox company. Plans must be submitted to the Fire Department for approval of mounting location /position and operating standards. Special forms are available from this office for the ordering of the Key Lock Boxes. This form must be authorized and signed by this office for the correctly coded system to be purchased. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. n To: Planning Division Re: PP 91456 November 2, 1992 Page 3 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) 863 -8886. imp Sincerely, RAY REGIS Chief Fire Department Planner Tom Hutchison Fire Safety Specialist *tit 4 P Qamtk � 78.105 CALLE ESTADO — LA OUINTA, CAUFORNIA 92253 - (619) 564 -2246 FAX (619) 564 -5617 FROM: PLANNING & DEVELOPMENT DIVISION DATE: ID I2 % 142. City Manager Waste Management Principal Public Works /Engineering General Telephone Planner(s) Fire Marshal Palmer Cable Vision Associate Building & Safety _X_ Sunline Transit Planner(s) Chamber of Commerce Caltrans (District II) Assistant CVWD Agricultural Commission Planner Imperial Irrigation City of Indian Wells Planning Southern California Gas City of Indio Director Desert Sands School Dist. US Postal Service Coachella Valley School Dist. Riverside County: CV Archaeological Society Planning Department Property Environmental Health Owner's Association Sheriff's Department LA QUINTA CASE NOW: PROJECT DESCRIPTION: �1?�P2± -fO gr4 -4 5 SQ. IeT• r P PROJECT LOCATION: AQ Weo+ Gmoler epp ilJDl t)hG�oh `ice_ lee e N e City of La Quinta Development Review Committee is conducting an initial ��e ironmental study pursuant to the California Environmental Quality Act (CE ) for the above referenced project(s). Attached is the information submi ed by the project proponent. Your comments are requested with respect to: 1�' hysical impacts the project presents on public resources, facilities, a /or services;. 2.fecommended conditions: a) that you or your agency believe would miti- o to any potential adverse effects; b) or.should apply to the project delign; c) or improvements to satisfy other regulations and concerns which:your agency is responsible; and 3 \effects ou find that the identified impacts will have significant adverse on the environment which cannot be avoided through conditions, se recommend the scope and focus of additional study(ies) which be helpful. Nov Please send your response by lon No I3 , WAS- and return the maps /plans if not needed for your files. Yotf are invited to attend the DEVELOPMENT REVIEW COMMITTEE meeting at La Quinta City Hall scheduled for: Date: -r® i:)e w►l�Y1P�dme: Contact Person: Title: 4:kVII-41021 40140W. Comments made Date: Phon Agency/Division t !I I I� I1 I -- -- - - Zle - - - - - I Of n _ / I. � U i I�i �. �: ,� y ' �; ,. � - � ,�I. ;�� ;I • �. � a Z' 1 Ii Conditions of Approval PP 91 -456 April 28, 1992 9. Handicapped parking spaces and facilities shall be provided per Municipal Code and State requirements. 10. As required by the General Plan, Applicant shall provide noise study by qualified engineer to determine impacts on surrounding residential zones and uses. Noise study shall suggest mitigation measures which City can require. 11. Screen wall height adjacent to loading docks shall be determined by required Noise Study. Should noise problems from use of loading areas arise, Planning Commission shall retain the right to limit the hours of loading and unloading. Surrounding property owners and residents which could be affected by noise shall be notified of Planning Commission consideration of limitations on delivery hours. 12. The project shall comply with all existing off street parking requirements including but not limited to shading of parking lot areas, shopping cart storage, and bicycle parking spaces. 13. Decorative screen walls provided adjacent to street shall be high enough to screen parking lot surface and majority of parked cars from view of street. Determination of height of walls shall be made after review of landscaping and grading plans by City. 14. Landscaping planters along the north and west property lines shall be provided at maximum width possible with all unusable areas adjacent to property lines provided in landscaping. 15. The project shall comply with applicable Arts in Public Places Ordinance. 16. Meandering six foot wide sidewalk shall be provided on Calle Tampico. On Washington Street the sidewalk shall be a meandering 8 foot sidewalk with sidewalk not touching curb at any point except at driveways and intersection of Washington Street and Calle Tampico. 17. Tower structures shall be a maximum 50 foot height. 18. Prior to issuance of grading or building permits, a parcel map or lot line adjustment shall be approved and recorded to separate subject property from properties to the north. 19. The City shall retain a qualified archaeologist, with the Developer to pay costs, top 'ti do d monito ' tion and recover Prior o arc aeological studies for this site as well as other unrecorded infor ation, shall be analyzed prior to the preparation of the plan.. CONAPRVL.009 2 Conditions of Approval PP 91 -456 April 28, 1992 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: 1) identify the means for digging test pits; 2) allow sharing the information with the CVAS; and 3) provide for further testing if the preliminary result 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 the 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 on 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 areas 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. 20. Prior to issuance of a building permit for construction of any building or use contemplated by this use, the Applicant shall obtain permits or clearances from the following agencies: o City Fire Marshal o City of La Quints, Public Works Department o City of La Quinta Planning & Development Department a Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building Department at the time of application for a building permit for the proposed project. CONAPRVL.009 3 �- qJ �;t✓`'t�� fy p'�� 78.105 CALLE ESTADO — LA OUINTA. GaUFORNIA 92253 (6191 564.2246 C� 29 1 of Trg FAX- -(619) 564.5617 fk: PLANNING & DEVELOPMENT - DIVISI City Manager W Public Works /Engineering G Fire Marshal P Building & Safety Y:S Chamber of Commerce C � CYWD A Imperial Irrigation C Southern California Gas C Desert Sands School Dist. U Coachella Valley School Dist. CV Archaeological Society Property Owner's Association c ana emdit ...: , , .:,.,,, . _ _ incipal ldpfioiae anner (s ) e-mmo Vis oa*- .- - Associate 'arisit. - Planner (s) - str- .t I.I.)...-._ w_ ..,..Assistant 1- -CoWilii bh Planner F.L�diatf�Wel:Is --- Mirector Tanning v�Indio - 'Riverside; _C9_ ty: stFv inv 4' ° :'::: '1anni ng partment DOC �-= i- --�inv r. nme al Health - y 011C va--'---nt LA QUINTA CASE, NO(S) : t- V I ffiff gRJSCRIPTION:Gtr�n,o�►d mupt-+�o rtaae& jhQw)r1A 6t4AZX, 4 bM �' ¢'� -PROJECT IACATION : OIL -i�1 I Ganz TetVM 160 t4 �. a City of La Quinta Development Review Committee is conducting an initial �e ironmental study pursuant to the California Environmental Quality Act (CE ) for the above referenced project(s) . Attached is the information submi ed by the project proponent. Your comments are requested with respect to: 1. hysical impacts the project presents on public resources, facilities, Na /or services; 2. fecommended conditions: a) that you or your agency believe would miti- gate any potential adverse effects; b) or should apply to the project detign; c) or improvements to satisfy other regulations and concerns whictN_ your agency is responsible; and 3 \e'Lffects ou find that the identified impacts will have significant adverse on the environment which cannot be avoided through conditions, se recommend the scope and focus of additional study(ies) which be helpful. Please send your response by loop NOV l?), 1144q %. and return the maps /plans if not needed for your files. Yod are invited to attend the DEVELOPMENT REVIEW COMMITTEE meeting at La Quinta City Hall scheduled for: Date:*vr0 b& A&6AMn4v%o4me: Contact Person: Title: J3nv1,eAu221 TV1V1?,1r'• Comments made by: d.VW.D JAL Title: A ' Date: - Phone: 61 Agency /Division , i 1990 So. Bundy Dr. Fourth Floor Los Angeles California 90025 310 826 2100 The FAX 310.826 0182 Nadel Partnership Inc. Architecture Planning Interiors to attention we are sending you: ❑ herewith ❑ tracings ❑ under separate cover ,,^rints these are: IIIIIr !I 11 gill 111� p; pI r!J ❑ for your approval ❑ for review and comment er your request or use on job Lett�,�:ransmittal date /O. 20- QC)" -- 0=1111 Nadel project no. ?W -- VP via: ❑ messenger ❑ blueprinter ❑ mail ❑ specifications ❑ for your files ❑ FAX ❑ ups ick -up If enclosures listed above are not received, notify at once. C.C. very truly yours, The Nadel Partnership Inc., itects b �� `3 I m , SCALE: 'I = V-W SINGLE FACED, INTERNALLY I UM..INATED NDEA 'CANOPY CASMETSIGN i -N 44 Q" 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 December 8, 1995 Mark Weinstein Soul of Asia 50 -855 Washington Street, Suite F La Quinta, California 92253 SUBJECT: SOUL OF ASIA OUTDOOR SEATING Dear Mr. Weinstein: This letter is to verify that the Community Development Department of the City of La Quinta has no objection to the use of outdoor seating for eating purposes provided it is limited to tables and chairs adjacent to the exterior wall of the restaurant facing the parking lot. Your tables and chairs may extend the width of your rental space with a minimum 4 -foot walkway clearance between the tablelchairs and the pillars (see attached map). It is also necessary to obtain approval of this from the landlord. Should you have any questions regarding this matter, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:cw Attachment ltrss.335 A MAILING ADDRESS - P.O. BOX 1.504 - LA QUINTA, CALIFORNIA 92253 w'J � p.� _� y- + ,. ,. � 0 �. �, L—A tu tLl 0,71 D LV ::Itu 0 IL da :3 IL LL cn W MA /F I LL L �{ILl r-11 0 so sne� it, I ri =9CRA"ll Ll I� J KOENIG ii DEVELOPMENT COMPANY Development ■ Investment ■ Management June 16, 1995 Mr. Jerry Herman Plarmillo Departrient CITY OF LA QUINTA P.O. Box 1504 La Quinta, CA 92253 Dear Jerry: -J Please revie /handle the attached, initial & return. Tom Greg Wall Dawn Leslie Stan Frank Fred ]betty JUN 2 1 1995 P�w I have recently inspected the Betty Williams development currently under construction immediately west of the La Quinta Village Shopping Center. In doing so I noticed the building pads immediately west of our project behind Ralphs Supermarket are elevated substantially above our finish grade. Between these elevated pads and the boundary wall separating our projects is a slope. I would appreciate it if you would investigate the plans Betty Williams has made to drain water which will inevitably flow against the wall. I also have a question as to whether or not Betty Williams was required to raise the wall, since her finish lots are so high that they look directly into the back of the shopping center complex. I would appreciate hearing back from you as soon as you have a chance to look into these issues. Very truly yours, Jo W. Koenig esident JWK/jl cc: Joseph W. Rich - Rich Development Co I yz�s t 1 Post -It'"' brand fax transmittal memo 7671 # of pages ► TO From v� Co. Co. Dept. Phone # Fax # ,) 7 g Fax #-7 r %f 1--c 2601 Airport Drive, Suite 240 • Torrance, CA 90505 • Tel: (310) 534 -8060 Fax (310) 534 -8220 r M E M O R A N� UM 2 2 1995 �J 1-1 v OF LA ai111VT1- F IIVG DEPARTMENT TO: TO: Jerry Herman, Community evelopment Director FROM: Steve Speer, Senior En DATE: June 21, 1995 RE: The Seasons, Comments on Koenig letter 1. Regarding drainage, the only water that will drain towards the wall is the water that actually falls on the downslope. That water will then flows toward Calle Tampico via a very modest grade that should cause no scouring or erosion adjacent to the wall. All drainage west of the top of slope will drain to the detention basin located at the north end of the Williams project. 2. Betty Williams is equally concerned about the view over the wall. The Williams Company is currently considering two options: 1) constructing a separate wall on their property at the top of the slope, or 2) planting hedge material in the slope area that will grow taller than the wall. 3. Engineering consultants retained by the Williams Company determined that its not possible to add additional courses of block to the existing wall constructed by the Koenig project. �i j � � � �S y L� !t ` i'r i a � ie .. To: ceit,l 4 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 FACSIMILE TRANSMITTAL KN�OrA'12AA Fax No. , lot - .(v O I q Attn:!� �c�VIG From: �, A V-) ��. lQ Ck_ , CDC, nu Vl, DeA/ , Fax No. (619) 777 -7155 Date: 0,r_-, Page 1 of Z5 Comments: Lo- (_3 u t If all pages of this document has not been received, please call (619) 777- 70iA T-ily 4 4a QumS 78 -095 CALLS TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 February 7, 1995 Mr. John Koenig The Koenig Companies 2601 Airport Drive, Suite 240 Torrance, CA 90505 SUBJECT: PUNCH LIST FOR LA QUINTA VILLAGE SHOPPING CENTER (PP 91456) Dear John: Attached is a punch list of corrections or completions necessary for your shopping center located at the northwest corner of Calle Tampico and Washington Street with regards to Correction #17 regarding soil erosion around the emitters, in addition to adjusting the emitter, soil basins should be created on the low side of the area around the emitter on slopped areas. This will help eliminate soil run off. With regards to Correction #5, you have indicated that the restaurant on Pad "B" is scheduled to start construction shortly. If this is indeed the case, it is acceptable to staff to delete the planting and irrigation at this time. However, in order to minimize blowsand hazards, please place a soil adhesive on this pad to minimize potential problems. Correction #7 requires that you remove the parking lot light fixture heads since they do not comply with the approved lighting plan. You have indicated that you would like to retain these parking light fixture heads. The only way staff will allow this is if additional light shields are installed beyond those originally required for the flat lens fixtures which were suppose to be installed. Enclosed is a site plan showing the parking lot lighting fixture locations. We have highlighted the fixtures which will require shielding and which side of the fixture the actual shielding is to be placed on, if you wish to retain the existing fixtures. The light shield design was previously approved prior to issuance of a building permit. LTESS.593 . MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA .92253 ��J r PIease prepare in writing a response with a schedule to the attached corrections as to when they will be completed. Should you have any questions concerning the above information, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR '� ► If STAN B. SAWA Principal Planner SBS:bjs Enclosures (si pI A, 4z> ---j". jc---e-c/1 L� on [ "Y c: Mr. John Rich, La Quinta Village Partnership Building & Safety Department LTRSS.593 T-iht 4 4Qa&rw MEMORANDUM TO: BUILDING & SAFETY DEPARTMENT FROM: Qb� SAWA, PRINCIPAL PLANNER DATE: FEBRUARY 1, 1995 SUBJECT: PUNCHLIST CORRECTIONS FOR LA QUINTA VILLAGE (PP 91 -456) The following items need to be completed prior to a Certificate of Occupancy being granted: 1. On the west side of Building "A" adjacent to Calle Tampico, the curved wall portion of the short screen wall needs to be installed per the approved landscape plan. 2. Clean the perimeter streets and parking lot of all dirt and debris. 3. Install tile around the base of the main Center I.D. signs on Calle Tampico and Washington Street per the approved sign plans. 4. In the landscape planter island north of Calle Tampico and west of Pad "A" install a connection between the sidewalk which is missing. 5. Complete the planting of the retention basin and Pads "A" and "B" per the approved plans. 6. Remove "Grand Opening" and "Double Coupon" banners on the Ralphs building. These banners exist illegaly in that City Council approval was not obtained as required. 7. Remove the lighting fixture heads in the parking lot which do not comply with the approved lighting plans and replace with the correct fixture and shields per the lighting approved plans. 8. Please stake all vines within the project so they lean against the "adjacent building or columns. 9. On the south side of the Video Depot building, remove the temporary exposed downspout piping or replace with an aesthetically acceptable system as approved by the City. MEMOSS.237 10. For shop buildings and Ralphs market, complete the paint popout trim per the approved colors. 11. Complete the curved portion of the perimeter screen wall at the southwest end of the project along Ik per the approved landscaping plans. taco 12. Restrip and repaint the curb and parking areas which have been damaged and install traffic control devices per the approved traffic plans. 13. Provide guy wiring for the large trees adjacent to Ralphs market and shops per the approved landscape plans. 14. Complete the construction work at the southwest corner of Ralphs market and shop buildings (i.e., the work, parking lot surfacing, etc.). 15. Replace all the dead and /or missing landscaping materials (i.e., where obviously dead' and where emitters exist with no plants). 16. Install concrete walk and decomposed granite on the north and west sides of Shop 2, per the approved landscape plans. Also, complete the landscaping on the north side of the Shop 2, per the approved landscape plans. 17.. Correct the grading and/or emitter flow and time to eliminate erosion of the soil from the planters onto the parking lot surfaces, sidewalks, etc. 18. Noise mitigation requires that signs be posted in the vicinity of the loading doors for Ralphs stating, "No horn blowing This would be for the sunken loading area as well as the on -grade loading area. MEMOSS.237 KOENIG i DEVELOPMENT COMPANY Development, .■ Investment' ■,Management.�Ta�� .. June 1; 1995 • _ J U N O g 6A GUINTA, -� NPARTv;ENT • _ ;•mac-- :--. -_ _,.._..::r,: �:s,.r�z:,,,i+��c� -, Mr. Stan Sawa Planning Department CITY OF LA ,QVINTA . P.O. Box.1504 -La Quinta, CA' 92253 RE: Screen' Walls' - La Quinta' Village Shopping' Center Dear Stan: To confirm our telephone conversation of May "31,,.the following is my understanding, regarding screen walls separating Calle Tampico and Washington Street, from the parking lot area - at La Quinta Village:. There are four (4) different screen walls, involved which should probably be - dealt with separately. Therefore beginning on'Calle Tampico at the westerly side of the project . the status of those screen walls is a follows: 1. The wall between the westerly service drive and the in drive. off of Calle Tampico has a, straight- screen wall as depicted on the bid set of construction documents which features no curved return back into the" parking lot. it is our positi.oi� that •this wall has been. . constructed properly: 2. The screen- wall east of the main drive off of Calle Tampico, extending, further'east to -the location of. Pad A;. has been constructed with a curved return at its west end and, no such curved return at its. east'end (nearest Pad A). -. The idea was that since the actual structure for Pad A has not been • completed, and because additional utility vaults and other, such `things may be required, the wall would stop at .it's current location and landscaping would eventually_be filled in to create some shielding between Calle Tampico and the,southerly portion of our parking tot: 3. The screen'wall south of the soirtherl.y'Wasiningtor.`Street entry which continues southerly to the approximate location of Pad B has been, constructed with a curved return at the 2601 Airport Drive, Suite 240 • Torrance, .CA 90505 - Tel: (310) 534 -8060 Fax (310) 534 -8220 � 1 � � ; i. r � � 1 �1 • L _ � . � r �. - � � ' \, i 1 ` - - � - • I � ' - , Mr. Stan. -Sawa ; June :1, 1995 Page Two," northerly end nearest the: entry drive and :no'sUh return co' structed at the southerly end ` of the, 'screen wall nearest Pad B. Once again -the- desire'there , is to first, construct a building at.the location of pad B and the ri.fi11 iil, as necessary between the end of the.; ' screen wall and the buildin ir. order- to properly shield the, arkin lot. -. Additionall g P. R, .Y. P g Y ther. an opening just south of this wall e is where a sidewalk connects`the,shopping center., . -.to the meandering sidewalk along'Washington Street: Therefore any- additioiial. land scape . screening must, also take into account :the requirement to: leave .the area open for, this ' : -sidewalk. Therefore we bel'ieve•this' screen: wal1. has been constructed c' e- tiv'." 4. -A 'screen wall has been constructed betk*veen future' Pad D,' an*, d shop ,building -C:' The'' approved •drawing shows`,that the wall stop's at 'its southerly most point with 'no return to the,project. We, believe this .has been constructed `correctly- and that the',.proper shielding ' in now.i.n place. The northerly portion of this screen wall has not been- fully constructed in accordance' with the approved .drawing., The. reason: is` Ghat IID insisted that a ; transformer vault for its equipment be placed at ground level in the .exact jocation of the northerly portion of this+wall. They further require that no structures• of any,•ki d be. 'constructed within 7, feet of the 'vault itself.: Consequently' we- are unable. to complete ,tlie- nor rly most portiM of the, wall .`including the, curved return up, to' ahe -vicinity of Pad D as : was ' shown on .the approved drawings. We propose _instead: to complete• -the screening- process; with landscaping •at such. time as.,the exact placement of a, building,on Pad D" has been determined. ` Meanwhile, there is little'use of,parking nearest Pad D and therefore' the,aack ".of screening _at this' northerly location should not-,present a significant . problem..until such time.as a, build* on Pad.D.is constructed: It is my understanding that you are satisfied with our compliance to construct :screen walls along. both`high'way.frontages and "that the additional' landscape' -screening will be; constructed at.the appropriate aime:' If'' have any questions or comments please. be`sure and let me know as soon. as ,possible:, Very truly yours, 7oh W'. Koenig esident. cc:' Joe ,Rich / . �i - � ' .. � e � ., .. � - - b � �„ � ... _ _� . , r .. ' � 1 .. � ,. TO: MEMORANDUM BUILDING & SAFETY DEPARTMENT FROM: TAN SAWA, PRINCIPAL PLANNER DATE: . FEBRUARY 1, 1995 HLE CUPW SUBJECT: PUNCHLIST CORRECTIONS FOR LA QUINTA VILLAGE (PP 91 -456) The following items need to be completed prior to a Certificate of Occupancy being granted: 1. On the west side of Building "A" adjacent to Calle Tampico., the curved wall portion of the short screen wall needs to be installed per the approved landscape plan. 2.. Clean the perimeter streets and parking lot of all dirt and debris. 3. Install the around the base of the main Center I.D. signs on Calle Tampico and Washington Street per the approved sign plans. 4. In. the landscape planter island north of Calle Tampico and west of Pad "A" install a connection between the sidewalk which is missing. 5. Complete the planting of the retention basin and Pads "A" and "B" per the approved plans. 6. Remove "Grand Opening" and "Double Coupon" banners on the Ralphs building. These banners exist illegaly in that City Council approval was not obtained as required. 7. Remove the lighting fixture heads in the parking lot which do not comply with the approved lighting plans and replace with the correct fixture and shields per the lighting . approved plans. 8. Please stake all vines within the project so they lean against the adjacent building or columns. I 9. On the south side of the Video Depot building, remove the temporary exposed downspout "piping or replace with an aesthetically acceptable system as approved by the City. MEMOSS.237 F) �?, W103 le"b"fl ,J ►i 10, For shop buildings and Ralphs market, complete the paint popout trim per the approved colors. 11. Complete the curved portion of the perimeter screen wall at the southwest end of the project along Highway 111 per the approved landscaping plans. 12. Restrip and repaint the curb and parking areas which.have been damaged and install traffic control devices per the approved traffic plans. 13. Provide guy wiring for the large trees adjacent to Ralphs market and shops per the . approved landscape plans. 14. Complete the construction work at the southwest corner of Ralphs market and shop buildings (i.e., the work, parking lot surfacing, etc.). 15. Replace all the dead and /or missing landscaping materials (i.e., where obviously dead and where emitters exist with no plants). 16. Install concrete walk and decomposed granite on the north and west sides of Shop 2, per the approved landscape plans. Also, complete the landscaping on the north side of the Shop 2, per the approved landscape plans. 17. Correct the grading and/or emitter flow and time to eliminate erosion of the soil from the planters onto the parking lot surfaces, sidewalks, etc. 18. Noise mitigation requires that signs be posted . in the vicinity of the loading doors for Ralphs stating, "No horn blowing". This would be for the sunken loading area as well as the on- grade loading area. MEMOSS.237 I'-- 4 4a 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 January 19, 1995 Mr. Kevin McConnell Signs and Services Company 10980 Boatman Avenue Stanton, CA 90860 SUBJECT: SIGN PROGRAM FOR LA QUINTA VILLAGE (PLOT PLAN 91456) Dear Mr. McConnell: This is to inform you that the final sign program you have submitted for the La Quinta Village is hereby approved provided that the Type A signs are supported by aluminum tubing which is painted. Your program does not indicate the color of the support poles. The Conditions of Approval require that they be painted to match the background stucco color. Please provide information on this item. Additionally, we would like to have typical details submitted on each of the signs. These would be similar to those you have submitted for your first tenants. Please submit one copy of these for our records. Should you have any questions regarding the above, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bjs c: Mr. john Koenig, The Koenig Companies LTRSS.587 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 i mod' 4 �' auudw 78495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777 -7000 FAX (619) 777 -7101 December 22, 1994 Mr. Kevin McConnell Signs and Services Company 10980 Boatman Avenue Stanton, CA 90860 SUBJECT: SIGN PROGRAM FOR THE LA QUINTA VILLAGE (PP 91 -456) Dear McConnell: This letter is in response to your fax which you sent on 'December 19, 1994, regarding changes to the approved sign program for the La Quinta Village. The changes which I have noticed pertain to the "Type A" sign.. Under #4 and #5 you indicate that the color of the cabinet and cabinet retainer shall match the color of the beams. This change is acceptable to staff. Under #7 you indicate that the cabinet sign shall be 18- inches high by 10 -feet long. This is smaller than the 2 -feet by 12 -feet which was approved by the Planning Commission. However, staff has no objection to this change. With regards to "Type B" signs which are pedestrian type signs, you indicate that the size shall not exceed 4- square feet per face. This is larger than that originally approved by the Planning Commission (16" % 4'} This change is also acceptable to staff. You have added a "Type C" sign which is basically window signage. The 144 - inches for items such as businesses hours of operation, telephone numbers for emergency is acceptable. On your last sentence under window signage, staff would like it to be reworded as follows with additional wording underlined: "No other window signage will be allowed including, but not limited to temporary signs, sale banners, poster and product information in compliance with the City's Sign Ordinance regulations to say without written landlord approval." Please note that when the sign program was approved on June 28, 1994, six additional conditions or modifications, of the sign program were approved. These changes should be incorporated into the sign program as necessary. A copy of the conditions is attached for your use. Please submit two copies of the revised final sign program to this office for our files. Until this revised sign program is submitted we cannot approve any tenant signs. LT&4 MS MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 With regards to the sign samples which you have submitted, they appear to be in compliance with the sign program. It will be necessary for each one to have a individual sign permit application and fee ($80.00) paid prior to installation. Additionally, since these are electrically Illuminated, a building permit is required. I have attached a blank sign application which can be used for each sign. Please make copies as needed. Additionally, since the sign program does require landlord approval, verification of that must be submitted with each application. Should you have any questions regarding this matter, please feel free to contact the undersigned. I will be out of the office until January 3, 1995. However, most questions can be answered by other staff members in this office. Very truly yours, JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR STAN B. SAWA Principal Planner SBS:bjs c: Mr. John Koenig, The Koenig Companies CPBS MS � z `F oF � MEMORANDUM y ,t►� TO: BUILDING AND SAFETY, DEPARTMENT FROM: STAN SAWA, PRINCIPAL PLANNER `2b,✓1 DATE:' December 21, 1994 SUBJECT: PUNCH LIST FOR RALPHS SUPERMARKET The Community Development Department has reviewed the Ralph Supermarket and finds that the following items still need to be dealt .with prior to issuance of a permanent Certificate of Occupancy: 1. The approval and construction plans require that the horizontal cornice trim and stucco popouts be painted a "hemp" color. Presently these features are white which is the same color as the main stucco walls. 2.. Noise mitigation requires that a sign be posted in the vicinity of the loading doors "No hornblowing ". This would be for the sunken loading area as well as the on -grade loading. Please forward these comments on to the contractor for correction. 1 MEMOSSM5 s FRO14�) Panasonic TAD /FAX PHONE N0. : • n• Dec. 19 1994 01:47PM P1 DATE: % Dec FAX TML .NSMITTAI. % RECEIVING COMPANY, 7� OF a/&-J'-A ATTENTION: l%r�� ` �l ts-*m/ _ _ FAX NUMBER: SENDING PARTY: ally' EXTENSION: FAX NUM DER: (714) 761 - 2451 EXTENSION: NUMBER OF PACES SEND`: 0 -- (+ COVER) REMARKS; M J /:�7 WE— :5 — P6772/-117-5 Fib Z ' �Zs-' TELEPHONE IF ANY Qt TIONS SHOULD ARISE. S THANK YOU, THE SIGNS AND SERVICES COMPANY. 11-71'7dklt�5 �-7Z caGJ /IAJ 10980 Bgok an Ave, Stanton, Californio 90680 Contractor #624675 (714) 761.8200 ' fax: (714) 761.2451 •, e�" �t� �; 'a _ r y h ,.;' . ;�-r� t ri .. �� r 40 1 't■ t51 LE � WGLE FACED, UNDER CANOPY CABINET SIGN ':INTERNAI OCAL. ED� TZD ATr-.., rA f t,3e4e-- MATTe, \^-00171�4 77, :F .C-pa ,4 �- ►��► -� -�tL � L.l_tJ �t f t.� �Ttp*� --- �E--LJ �� L�*"t- � S . / .. - -- -- VtL,--X" 1,4r-r PAJPr�JP To j 1 . 769 °02 TRA. o2o -o2/ N 112 NW 114 SEC. 6 T 6 S. R 7 E. Sheet / of 3 020- 018 � 8K. 6/7 -- SK - BD 631 IJ 3 ♦ p /136.49 • y�j Ls424.G�1 .✓B9'S9 "44 E �./) /� :Q`�r.....j; K K -A& //C Lot -A 6 • 0.s 2pOe' ' I999.95' `p�S r T K 231.50 E -s - --- - - -- - - - - -_ - - - - -• s .y ..a MI r - - -_- - X-' '�� -lam Tr202 /B 16.97 1 _ _ - _ - - - . so 43 92 7 1 •Y' 509 Gs . �/ 022 iG� ' =1,S r y , _* - ao ' S°p \ \ 023 / so 6 � � i � ' CM /3 �� !� � c ;, < 3.O° ..s� Por PAR. 4 `� \ 4.50 AC. CAf / 4 85ACNJ C3 n 6.67E Ac. \ 1 z DATE JOLDNO NEWNC W / / / sa O` Rt J GM �4. 7184 P/ ZY -PS �, •o, 'P� MAc. 92 8164 is X1.25 i 26 17 n / ��s t 3� - 2 o Nl. O 02 �z 2 s Al s 15 -17.2 28 / ko� t�8' POr. 2 LOT / ��_ sl.t3 /�'z 82 -93 28 29- 3/ �� L © C M.� Ka _ w B 40 iy M ` �' °z iap 4 � -33 I 1 /3- � � : � �2 an.4 - 0.16AC � I • 20 33 34 / � 1 22 4e 10.75Acf / ; It, ie D're iii 3y 1/7 m ' / P.5 .P6 773 , SDI tip 7.81 Ac.f RIe /� �� CR .ts • 'L 4 39 60 °° in 2/- 3s / DATE A1 Ew NC2 °Qi /, Por LOJ / % ` / �./ /c.00 !ss• � 2 37 '''z. .�� t7 3�s'' ;• «� ' 2.12Ac ��'o m I 1.34 Ac nar/ ©CM tl° �j //� OG 1 S9p �Q 41 `8 6" 1.30AC 5 /T9 4 1/ /P i /.46Ac1 9'6 P/ 3 ss AL441 34p, 9 17,18 PO/ ^ ,y j / / /,Q/7Acf 1.96Ac II tS 7119 /O /9. PO 1 4' c TLot / r, �► 4 98a7- P /6Y PO P/, 22 C N. f .( t °c' 1 9B. �� D 7183 P P3 Pf I' ® I y $~ / �, I I4s' 42 so 3 25.P6 1126Ac T Z \ / e�`LoT c AG N 8 20,501 I I d - - TR /8767 / ey GP %� /3 Y5,541 i . 11l °r,.201?9•tG f /s 55-37 ra.s' A m .ie 4 51, ° /7 38 39 p �� f 16.5' lr 4° 40 -42 �// PAR. / / \ c\ FF2® 395AC.NT, >a• M 27 r \4AC. 6R. o. 23 45 -47 4 t , @ , A 2.79AC.NT, ; Ps 4e, 31 - �1F4 R =Boo' 27Q.II � 3.29ACfGR�oT A� A� ,<R.,,�� R•soe• �o•�p � n 33 t /53.77' ' LOT 49 ° 47, 5P 54 I I� �� J5 55,56 3 I I t �b CAF RJR. PAR. 3 At9 �b 57 �q � �� 9/05 45 158.5-91 �� 181 is ridt a 121&3 JP�e a °� - ►MPORT�• This Plat ed aA ' Ex survey••It is merely ate the land / P ce to ate 0. Ac a I �? q ° / a convent en streets � ��9 r�l�'°*"' PP oso_u la ,l to adjoining ?a tt �+� / tin relation uarantee e1Y1 //O9 - /16 s2s29 3 - /4 -BS ns 60.61 p� and other lands and not tog e o S/O. 6 49 ' 149. D2 bearings, N P/ �-� any dimensions, distances, M. 19.147196 -97 M. NO. 20218 ,+ '� 34-88 , a.o' DATA: BLo PLAT s A, Or acreage." creage \ AfB /32/50 -P` Tract No 18767- ICU 45//29 -/39 77385 I�.�OPI 3 RS 819t, H /4P �. r\ _ __ _ .. -�.� .v •• •• .� �s 769/ P153 8, dzmm P454/65 777/0 4183 64 "$ - •1 /Bt 0211 -�6 ,� 7 p Tie4 a� 2/ DEC. 1983 sc (Redrawn) DATE OcDNo. AfWNO. / 84 Ot / -35 36 -42 12184 / 25 43 44 /- 45 4-85 1-45 T 7 1 85 P/ -46 22,27 7185 OP/ -31 030 -3 141 a 03 /►ux /mot-/ ��- �. -' -- , o. a. -� � I P. M. 122 / 53 - 54 Parcel Mop_ No. 19732 P. M. 122189 -90 ` 19730 M.B. 14317 - 8 Tract No. 18767 (C.M. 49170 -80) 23o336 /o -24 -84 ASSESSOR'S MAP BK 769 PG 02 M. B. 144140 -41 /, // 20158 (C. M. 52/1 -10 ) # 51173 2114 185 RIVERSIDE COUNTY, CALIF 769 O3 T.R. A. 020 - 0 ' f ! '� S 112 NW. SEC. 6 T. 6S. , R. 7E. THIS MAP IS FOR i �R /� 020-021 s \ \ �C\ sr ASSESSMENT PURPOSES oxy or. Is ,.OJ4Ae. ' ;o off, - -•r _�- - - , 5 _ • . X90 a•`/ % / (r( -, - -� - '� 9t�A'fs.�owx� -. - ! ,r p Al a . m - / = 200 _ n'89'sG'S3w /�9 -r.cc' Ias,.iz � � -- - - -• � •. � boo to' q? 1000 v c PAR.3 Q _ 0 30.0/ AC. NT 773 _ .30-90 ACf GR. " w — 02 © ! — ° 9 13-39Ac.2 c I 3 iaC O O = 2 033 Ac! 144 ATE OLD Na NZ'W Ab, C5 e' ON --/5 O 003 a'8.o•) LA 0049 01� or1 /6 oo'r ez.�a A O. /8AC // 0.47Aet 1-31,34 q O a � 0.3 � o /7 t, e/ Ac ` 492 1 ;• �3 27 Ball 9..�, a S/ P3, PO, 30, J /,3P aQ M ATE OLD Na NZ'W Ab, C5 eol ON --/5 u 003 a'8.o•) LA 0049 01� or1 8184 oo'r 013, 0/y A o/D sir, i� 7181 1-31,34 /78 I /f ZO z/ 37, S7. /7 Z 23 e/ zP ev, 25- 492 1 18 126, 27 /6 P3 pa .z-9 S/ P3, PO, 30, J /,3P 7-911354 `, 9fnl CALLS' DATA GLO PLAT R/S 14142, 8192 77710-4185 FEB. 1967 0 0 O P.M 17511 317.38 O m Par. 2 i. °' 43 v 3.39 Ac N/. Ia. v N ` T. R.A. 020 Par. / a LYD NO. N£W N0. 12183 O Z ON --/5 1_95Ac NX �O /- 149 LA h = ? Ac P k� 8184 M � A O 34,33 7181 1-31,34 36 331.17' /80' u 200 Lot A _ _ � 789 / 56I DATE LYD NO. N£W N0. 12183 249 ON --/5 ' /,Zz /- 149 .3.S7Ac OPO -zr 30 -33 8184 130.51 OZI - 28 ' I OZI -28 34,33 7181 1-31,34 36 1188 24 37, S7. IL- 91 7 38 S/ .72 ' 33 40, S/ 13 S/ DATE OLD NO I N£W NO Z- 92 /3 4I, S/ 3192 33 42.43 N � Q 4\ 'O.21 ' PIVIZ189 TR.A.020- 016 J An S.Ac 0 - TAMP /CO , a 405 1 4�S a .3.S7Ac a � , 1 1 1 t fq 3 ai .' r.0 I o� a P. Af /22/89 - 90 Porccel Mop 19730 P.M. 17511 - 2 U I' 27109 ASSESSOR'S' MAP BX 769 PG. 03 RmERS/DE couNTY, CALF. ' Q 769-04 25-29 i I 50 th V Go /6O zoo' v) , O - - 7.67 Ac' L I OA ZSd.S7' 0 } oEX (L RP 0.62Ac t S T. R. A. 020 - 00r6 020-021 Z7 0 -60Act /O EX �6 ` ` 1�. O P/ /0.72AcY 1 e 55� t N2 NE SEC.6 BK 6/7 1/ h T. 6S. R. 7E. 245t/ 65 ARM. /60 141 iot -3.ea 381. $5.1fo P,A 16014/ 65 PO4. h PAR./ Ob 353.32 3s. ai& ar 74 65 N890 59'31 , W AVE. Por Par. 2 31 TH /S MAP IS FOR ASSESSMENT PURPOSES ONLY — — — ' 52 — a lie 63 c 0 I M � b l� a VE)WDA Lot B T U-L S S9 °J9,of, M y OLDNO. y` POW. Poi. / tJ a 26 27 r f65- C9 ! r/r 1• / t a/- / 9/ 29 Q e /s st sJ i /9t t? .!/ ST. A ///SdB4 t i" EX 3 Par. Par. 3 �¢ 0 Q w 0\75 Act t N o I o ' /0.90Ac. 3 0 ° 0 Q�.o l.: ° odAe 25 '* �� c 14.14 946.93 23 0.Z AwO 160141 253 37 Q oArr OD Ma M Ah 41'M r . 7 B /B/ 003 9 /t /1 r7 // 4 // /e /9 - P/ P"4,J OW -22 04 PBS: g E� x ' � _ 1 y. - 0.06, EX � O � O o.0e P. M.160/ 41- 42 Porc e l Mop I No. 24837 li�l� fli 1 Phis plat Is not a survey. It is DA GLo PLAr 777/0 -4/83 kat@ to Ir':r+ In mlation to adjoining sheets and father lands and not to guarantee PY diffl�t Ions, distances, bearings or - - -- - - = -- Nfeagc - - - - -- - - -- FEB. 1967 2/ LUTE OLDNO. NEYNO. 9/90 tJ TQ -29 26 27 30 f65- C9 ! r/r 1• / t a/- / 9/ 29 Q e /s st sJ i /9t t? .!/ ST. A ///SdB4 t E� x ' � _ 1 y. - 0.06, EX � O � O o.0e P. M.160/ 41- 42 Porc e l Mop I No. 24837 li�l� fli 1 Phis plat Is not a survey. It is DA GLo PLAr 777/0 -4/83 kat@ to Ir':r+ In mlation to adjoining sheets and father lands and not to guarantee PY diffl�t Ions, distances, bearings or - - -- - - = -- Nfeagc - - - - -- - - -- FEB. 1967 2/ LUTE OLDNO. NEYNO. 9/90 tJ TQ -29 26 27 30 f65- / 9/ 29 PYi 74 2 s /s st sJ i /9t t? .!/ ST. ASSESSOR'S MAP 8K. 769 P1S. 04 RIVERS /D£ COUNTY, CALIF 9r-- CS a AVENIDA � 1�0 n � w Y � � Y • UL Mwo 90 0 fffft IE igVENIDA AC. r. - �- �•,�• ��- 17h/UN(iA t ,...,• �,. }. f 1. Ci �30 1 lu. � � R: s, 1. Is• • '� 30 30 � Y) O 4 TRIO?O -Ot/ ,� n 5 TR.4 CZO -OJW 0 O n /4 + f ` O c> t7 e Z � � O • 69 Il. � O 74 = / Q 3 . �s —CO, 75 ,r . Im O 49 121 CS a AVENIDA � 1�0 n � w Y � � Y • UL Mwo 90 0 fffft IE igVENIDA •: �. /• �- �•,�• ��- 17h/UN(iA t ,...,• �,. }. f 1. N0.13 �30 u!. 7 lu. � � R: s, 1. Is• • '� 30 30 � " Jy Z 4 n 5 0 O n Ks.0 •/ • e • 69 Il. 52 O . 1 49 410 a 14 . 4 (11-M G55AG�4 r �• : 57 28 T O 55: 4 J47.46. �t i ST . c 29 js U O O v b 0.34 Ac. f A ~ • O 07 . 3a M. B. 21161-&P Desert Club Tract Unit No, 5 FEB. P967 DAM LLA "-OW 0 4 SSESSAR'S MAP BX. 769 M 06 R/VERSIDE COW", GOUT "u, 25— 769 --07 E C. A., 020-016 S2 Sw 4 NE 4 SEC. 6 T. 6S. R, 7E. / s / �-x 7°1 �U o 1• �o .: 76 � V 0 I j L ti� n / .s 7 �'q //f h \ fff i \` ff 1. � � M (l C� }!o ` \ 'o Z a Q 073, 0 1+ � r s � 80 + 3 Q 83 3 ,ss � e2 ® = O 3• 30 107.37 AVE/V IVA + M. B. 21161 -62 Deser! Club Tract Unit No, 5 FEB. / N V o° O v - - l� I � y o f-- AVEN + N4RANJA v v � , w + TAMP /CO A ow rw. L u es.oW z 3• ASSESSOR'S MAP M 769 PS 07 RIVERS /DE COUNrY CALIF 'V-. 25 -29 769-09 i00' Ema T. C. A. 020 - 016 N2 NE 4 SW 4 SEC. 6 T.' 6 S. R. 7E. r - - °.xu st - - - - AVE. - 0 J 1 Z - -6 f L DATA GLO PLAT FEB. 1967 - AVEN /DA - - - LA FONDA - 0// 0 0 30 I Z O Zt Z It 10 �- /3 ASSESSOR'S MAP SK. 769 AS 09 R/VERS/OIE CO MM,, CAL /f. 25-29-13 769-13 /00 , M] OA re OLO Na MEir A, 619? /31 -1 • 131- 9 /t • /M -10 /J • 135-1 w 127 T. R. A. 020-016 020-063 l � 1: It1.o] 3O Jo $ 89 O r/ I CA h 1 hi = I I 3 � 5 e, l 0 r � Z � O � M C N2 NW 4 SE 4 SEC. 6 T. 6S. R. 7 E. 07 I AVEN /DA -t — -+- 141. tb 99.16 3 0 9c rRA 020 - 063 3p � �I m 9/ /vO /O/ ( ; 0112 \ ,te v "s ^ a /02 0 7 v 02,11 O O F 99 0 � evc /03 O 0 0 /i0 / 30 3a rH /S MAR /S FOR ASSESSMENT PURpxrs ONL Y � y TAMPICO – h T1.13 90 90 7a.l7 77?A 0120 - 063 v 123 124 125 126 w 127 O O 3 O O /35 O O O O /O p� 132 /3/ /30 N M N 129 /, 128 ` \ � \ r 9 'sO 9eoy _ 90J7 �o.)e Jwcz 0 rt AVEN /DA LA JAR/TA zo O O J J Q v 3e 4 ° d -t A VENIDA -* — LA FONDA 0 M /4 = I Fcl�df.t f fifti� �It l� �9t a Survey. It is M. B. 21161 -62 Desert Club Tract Unit No. 5 +�Oilven;ance loc ti✓ tale !:- 'a in WAtion to adjoining sloe is > hd ot'if Mda and not to guarantee tiny di hbftibM, digIAN 31 bearings or �CJrh*4t. ASSESSOR'S MAP BK. 769 M 13 R1vERSID£ cowry, cul /2 LN 0 V 1 2 igG� is �[ ngl�tf "n;y {�f?pRT N', ES�,i�t . �^ .Von• -�.. �+... Nov 1 _; ;,< r ,• 0 0 C T 0 4 1994 CITY 0 QUINTA PLANNING DEPARTMENT � M,�. �---.--j LA QUINTA VILLAGE SHOPPING CENTER SITE LIGHTING TWBODE" ENT. INC. DBA SAN JACWW ELMJ:UC PAN=M SMJAOKM CA narn CONM UC. 020M C•10 /�' PAOORENELO CONSTRUi;1 Y. DATE: — ❑ REVISE AND rEF,3USNI;T S MU`Ji:EF!EL�J CO-'ST1::iC'i iU�1 IP1C. HAS REVIEW; j� F.i`it) /1fi °';C`'.;Ai SUetiiiTTAL GU;2 THE S'•JBJECT PROJECT. !:t:i2iE:;TlOtd:, ?,i :. 2 COh4h4EIVTS DOES P +OT ?ELIf_VE THE AR• Ci-'-:TtY: T Oil Ef!GIM.` ,7R THEIR REVIEW TO :I`.Sli"E T!AAT THE SUGh•11TTAL iS IN CUfdi 05P,: ;... +_ WITH THE OESiGM OE Ti iL PRO'EC'T• ❑ OTHER f A3 HAD 0111.0 'PM14co v P ® Iighlin 89SGe100'. DIMENSIONS F —A� g B Bracket- 2-bolt Arm Mount Pattern Pole Top Mount GREENRIAR - MEDIUM /LARGE A B C GBM Medg m Ma nt 21 -5/8' 15 -5/8' 14' GBPM Meole T 21 5/8' 15 -5/8' 21 15/16' GBL Lar a oun Single 26 1/B" 19.1/2' 14' GBPL LarTo )loitag- 26 -1/8' 19 -1/2' 26 13/16' LUMINAIRE EPA CHARTS Includes bracket. Optional Brackets: It optional brackets wiU be 9rderf30 you my 3t selecj " t)SB - Delete Standard Bracket" in the Options column of this % (W3M A A 1 Pole Top Ling'. L_ uminaire Mount Single D90° D180° T90° TN120° Q90° Medium )loitag- Finish Options Medium 2 —Type II 150 HPS — High Pressure Sodium Greenbriar —14' Arm Mount Bracket (GBM) 3.4 3.2 6.4 6.4 9.5 9.6 12.7 Greenbriar — Pole To GBPM 208V — DSB - Delete Standard Bracket (See — FP — Perimeter 250 SMV — Super Metal Halide Large 240V COA — Cocoa Optional Bracket Ordering Information Arm Mount Forward Throw 400 (Vertical) 400 Watt Graanhrrar.. 7d• Grm A.Inunf Rmr4af /f.RI 1 S n d 7 Ad R d 1d n t d n I to 7 LUMINAIRE ORDERING INFORMATION select appropriate choice from each column to formulate order code. Refer to example below. Optional Brackets: It optional brackets wiU be 9rderf30 you my 3t selecj " t)SB - Delete Standard Bracket" in the Options column of this Chart. Optional brackets must pe ordef @d s @paf�tely trgnt the Optional Bracket Ordering Information chart. Luminaire Lamp Ling'. L_ uminaire Prelix Distribution Wattage Light Source Lens )loitag- Finish Options Medium 2 —Type II 150 HPS — High Pressure Sodium CT — Contoured 120V Standard Brackets 3 — Type 111 175 150, 250, 400 Watt Tempered Glass 208V BRZ — Bronze DSB - Delete Standard Bracket (See GBM — FP — Perimeter 250 SMV — Super Metal Halide 240V COA — Cocoa Optional Bracket Ordering Information Arm Mount Forward Throw 400 (Vertical) 400 Watt 277V VAN — Vanilla to order other mounting types.) 5 — Type V Square MH — Metal Halide 480V BLK —Black Fixture GBPM — 175, 250, 400 Watt MT — Multi Tap PLT — Platinum PCI —Button -Type Photoelectric Control" Pole Top WHT —White LL — Less Lamp 2 —Type II 400 HIPS — High Pressure Sodium GRN — Green Architectural CL— Coated Lamp FS — Fusing for 120V & 277V Large FP — Perimeter 750 400, 750, 1000 WaV ORD — Brick (except for 1000W in 120V) GBL — Arm Forward Throw 1000 SMV — Super Metal Halide GYG — Gray Granite FS1 — Fusing for 120V for 1000W Mount FA — Automotive (Vertical) 400, 1000 Watt ROG — Red Granite FD — Double Fusing for 208V & 240V Forward Throw MH — Metal Halide LMS — Limestone FD1 — Double Fusing for 480V GBPL — 5 — Type V Square 400, 1000 Watt DTS — Desertstone HSS — House Side Shieldt Pole Top MGR — Green Marble RPP — Round Pole Plate NO — No Options Color Decals Fourteen -inch Arm Mount (Bolt -On Bracket) or Pole Top Mount 45- Light Gold Metallic .55-Black is shipped standard with luminaires. 20— Charcoal Metallic 50 —White 94 — Blue Metallic 575 — Beige 59 — Dark Green 01 —Chrome 21 — Tomato Red 51 — Dark Red EXAMPLE OF A TYPICAL ORDER GBM — 5 — 400 - tMV — BRZ — NO Note: Architectural finishes require additional lead time. 'For international voltages, consult factory. 'PCI - Soecifv sinnle line vollane. 480V not available. IHSS - Consult factory for Pole Top units. —3 - tfiPS W PY a -p N m OPTIONAL BRACKET ORDERING INFORMATION Bott -On Tenon Wall GBM Pole Top Bracket a GBM, Mount ;' GBH' M9411t GBL Adaptor GBPM, Mount. GBL Slipfitter' Plate (Retrofit GBPL 5'Sq.x14• a•xe' Applications) 2- lr2-x6• Order Bracket Order Bracket Order Pipe Size Max. O.D. Number Configuration Number Configuration Number of Tenon of Tenon Order Bracket BKS - SCNM -S -1 Single BKS - SCBO -WM -1 Wall Mount BKS - SCPT -TA -2 2' 2 -3/8' Number Configuration BKS - SCNM- D180 -1 D180° flat!: Specify finish. BKS- SCPT- TA -2 -1/2 2 -1/2' 2 -7/8' BKA- SCBO -S -6 Single BKS SCNM D90 1 D90° BKS- SCPT -TA -3 3' 3 -1/2' BKA- SCBO -S -14 Single BKS - SCNM -T90 -1 T90 RPP — [;pqqyyInn,, Note: Specify finish. Sllpfits 2 -3/8' O.D. tenon, Note: Specity finish and color decal. BKS- SCNM- TN120 -1 TN120° FIct4nd fill unless specified differently. BKS-SCNM -Q90 -1 Q90° Pole Plata fff�aiWWWWW Tenon size Is 2 -3/8' O.Q. Consult factory for other sizes. (See Options column in Luminaire Nola: Specify finish. Ordering Information.) Note: Specify finish. SPELIFIE D ,; t3s:ti'iiUN IANtitl u; MARL LUHHtCHUMS NUIt8 REJECTED REVISE AND; .RESUBMIT -NECKING IS ONLY FOR GENERAL CONFORMANCE WITH THE DESIGQ CONCEPT OF THE PROJECT AND GENERAL COMPLIANCE WITH THE INFORMATION. GIVEN IN THE CONTRACT DOCUMENTS. ANY ACTION SHOWN IS SUBJECT TO THE REQUIREMENTS OF THE PLANS AND SPECIFICATIONS, CONTRACTOR IS RESPONSIBLE FOR: DIMENSIONS WHICH SHALL BE CONFIRMED AND CORRELATED AT THE JOB SITE; FABRICATION PROCESSES AND TECHNIQUES OF CONSTRUCTION; CO. ORDINATION OF HIS WORK WITH THAT OF OTHER TRADES AND THE SATISFACTORY PERFORMANCE, OF HIS WORK. HALLIS ENGINEERING, INC. CONSULTING ELECTRICAL ENGINEERS ov GREENNI R MEDIUM /LARGE tau to.�i'ilUli IAi�Lii F1 of i L lU Il ' N'' +Cu THE GREENNIA� S��` ES G =t MEDIRU6M/�LRAR�GE� RESUBMIT ITHE DESIGN Designed to be a vanguard tot the'90s-Fthere'sTfinallyo a- cpmprehensiueiapproach: WITH THI to outdoor lighting. Greenbriar incorporatesGajh gPjperfor ,.manceruertical:iburn,,,optical ACTION system into a smart, economical housing. Strong -in capability-; DependableFwithoutANS ANC gU2StI0n. UnlgUe in value. SPECIFICATIONS, CCNTRACTOR IS RESPONSIBLE FOR: DIMENSIONS SPECIFICATIONS HOUSING The Greenbriar's aluminum housing Is finished to produce a clean, sharp appearance and designed to ensure weather -fight construction. Top- access cover provides ease of installation and servicing. All pole -top fixtures are pre- wired. Each fixture is LIL listed and CSA certified for wet locations. LENS /GASKET The Greenbriar's contoured tempered glass lens is sealed to the housing with an EPDM gasket, preventing entry of moisture and Insects. TOP PASTENERS The Greenbriar's four captive stainless steel door fasteners secure the top- access cover to the housing. SOCKETS Porcelain mogul -base sockets feature spring- reinforced contacts for long life. LIGHT SOURCES The Greenbriar is designed to operate with any of the following lamp types: High Pressure Sodium, Super Metal Halide or Metal Halide with mogul -base sockets. PHOTOMETRICS :, 40OW High Pressure Sodium MTG. HT. Type III — ° 12 Vertical Burn Distribution 14' 4H ,3MH 2MH__ Ij ,,,,0 16' 18' 3fdH 20' 22' 24' M2MO 26' ��,�vr-r;ri 1MH 28' IMH 2MH 3MH AM Front WHICH SHALL BE CONF' ^rIED AMD CO ?RELATED AT THE JOB SITE; FABRICATION PROCESSES AND TECHNIQUES OF CONSTRUCTION; CO. REFLECT, ORS,/, DISTRIBUTIONuITIDEC ;4LFSTRIPIN�oDES ADD TNI PAIR ArTORY PERFORMANCE OFTU'doffiplefnent the fixture's The Greenbriar fixtyeis availa le appe ignF al or- coordinated to five reflector sys 1- Ad(Dds rPecal 10 standard bution patters,�Illwjt vg I al �L�deca 1 onoirs QTjhjPd�istff,,grder burn lamps: ipe'll`�2�� (y' `e 11 (3) Ifom a select ono hu eds. (400 watt only), Ty V e (5)�j� cal is guars to d five years AutoridtM Fwwa Fe - (4)y9Wgalnst- peelir , c ing�or-fading' (1000 watt only), and Perimeter BALLAST Forward Throw (FP). Reflectors are High power factor ballast with field - rotatable, enabling generous flexibility in distribution patterns removable ballast tray. Metal Halide, without fixture movement. All Super Metal Halide and High Pressure photometric data is certified by Sodium fixtures feature a type CWA An independent testing facility. ballast, except 150W HPS fixtures which feature a type HX -HPF or a HNISHES Each Greenbriar fixture is finished with DuraGrip ®, LSI Lighting Systems' revolutionary superior baked -on polyester- powder finish - Ing process, to give the fixture an exceptionally attractive appear- ance. Standard finish colors avail- able for the Greenbriar are bronze, cocoa, vanilla, black, platinum, white and green. Architectural finishes include brick, gray granite, red granite, limestone, desertstone And green marble. The DuraGrip polyester finish withstands extreme weather changes without cracking or peeling. Finish is guaranteed for five full years. Lumen hAlhg 50,000 Levels 'shown are In footcandles. ittlTl?. HT. A B listed for wet locetl'oiii. e C®CSA Cerilfled R -HPF ballast. All ballast types are designed for -20 °F operation. BRACKETS Arm Mount: 2-1/2"x 6"x 14" length, extruded aluminum bracket. Fourteen - inch arm mounts are shipped standard with medium and large luminaires (GBM, GBL). (A six -inch bracket is available, but must be ordered separately from Optional Bracket Ordering Information.) A Round Pole Plate (RPP) is required for mounting to 3"— 5" round poles. (See Options in Luminaire Ordering Information.) Pole Top: The cast aluminum mounting hub conceals wiring compartment and mounting hard- ware (consisting of four 11/16" O.D. aluminum rods for medium fixtures and 718" O.D. aluminum rods for large fixtures, and a high- strength grade -five steel bolt with nylon insert and split lock washer for double locking). POLES Refer to PoinfBrackets section of catalog for pole ordering information. 1000W Super Metal Halide Type V Square — Vertical Burn Distribution 4MH 3MH 2MH 1MH 0 1MH 2MH 3MH Lumen Rating 115,000 MMM0 4MH iijpp 1 + Levels shown are In footcandles. Front LSI LIGHTING SYSTEMS A Division of LSI Industries Inc. 10000 ALLIANCE ROAD � P.O. sox 42728 ; CINCINNATI, OHIO 45242 -0728 ; (513) 793 -3200 • FAX (513) 793 -0147 c `'STEEL SQUARE POLES 5 011 G - 5x5 11 Ga. - 18.4 .12.6 Follow these steps to determine the POLE SELECTION CHART (4 ", 5" and 6" Steel square poles) 5SO luminaire /bracket /pole combination for 29.2 20.9 15.2 11.2 D 24' 4SO your application. Height Pole Description .9 EPA' 24' 4SO Bolt 13.3 8.9 Series 3.8- 70 MPH 80 MPH 90 MPH 100 MPH Circle 6.5 3' 4SQ S11G -4x4 11 Ga. - - - - g Select luminaire from How To Order Luminaires D 24' 6SO S07G - 6x6 07 Ga. 42.4 30.6 22.5 16.7 chart. Example: Medium Citation - (CTM) 8' 4SQ S11G -4x4 11 Ga. 43.8 33.2 25.8 20.6 g Select bracket configuration. ur-(D1 10' 4SQ S11G -4x411 Ga. 33.2 24.9 19.2 15.2 g e: Do le 18 Example: Double 180° - (D180) 12' 4SQ S11G - 44 11 Ga. 26.2 19.4 14.8 11.5 B Refer to Luminaire EPA Chart to determine EPA 14' 4SO S11G -4x4 11 Ga. 21.1 15.4 11.5 8.7 B value. Example: Two Medium Citations with 6" 14' 5SO S11G-5x5 11 Ga. 37.7 28.0 21.3 16.5 C brackets in D180' configuration - (4.2) 16' 4SQ S11G -4x411 Ga. "17.1 12.3 9.0 6.7 B Select height of pole. Example: (24') 16' 5SO S11G - 5x5 11 Ga. 31.2 22.9 17.2 13.2 C Select MPH to match the wind speed in the 18' 4SO S11G -4x4 11 Ga. 12.6 8.8 6.1 4.3 B application area. See Wind Speed Map in Pole Section of catalog to identify wind speed 18' 5SO S11G - 5x5 11 Ga. 25.6 18.5 13.6 10.1 C tolerances as reported by the American National 20' 4SO S11G -4x411 Ga. 12.0 8.2 5.5 3.6 8 Standards Institute. 20' 4SO S07G - 4x4 07 Ga. 19.6 13.9 10.1 7.3 B Confirm the pole EPA that is equal to or exceeds 20' 5SO S11G - 5x5 11 Ga. 23.8 16.9 12.2 8.8 C the luminaire /bracket EPA as was previously 20' 5SQ S07G - 5x5 07 Ga. 36.7 26.8 20.0 95.1 D determined. Example: A 24'- 5x5 07 Ga. steel 22' 4SO S11G - 44 11 Ga. 9.5 6.1 3.8 2.2 g pole in a 100 MPH wind loading zone has an EPA of 8.8 and will accommodate two Medium 22' 4SO S07G - 44 07 Ga. 16.2 11.2 7.9 5.4 B Citations on D180° 6" brackets with an EPA of 4.2. SQ 7 5 9 C 22 5 011 G - 5x5 11 Ga. - 18.4 .12.6 8. Sq. Pole for 11 G 11 Ga. Steel 22' 5SO S07G - 5x5 07 Ga.. 29.2 20.9 15.2 11.2 D 24' 4SO S11 G - 44 11 Ga. 7.3 4.4 2.3 .9 B 24' 4SO S07G - 44 07 Ga. 13.3 8.9 5.9 3.8- B 24' 5SQ S11 G - 5X5 11 Ga_ .15.1 10.0 6.5 4.0 C 24' 5SQ S07G - 5x5 07 Ga. 24.8 17.4 12.4 8.8 D 24' 6SO S07G - 6x6 07 Ga. 42.4 30.6 22.5 16.7 J 26' 4SO S11G -4x411 Ga. 5.4 2.8 1.0 - B 26' 4SO S07G - 44 07 Ga. 10.8 6.9 4.3 2.4 B 26' 5SQ S11G - 5x5 11 Ga. 12.3 7.7 4.6 2.4 C 26' 5SO S07G - 5x5 07 Ga. 21.0 14.4 9.9 6.6 D 26' 6SO S07G - 6x6 07 Ga. 34.3 24.3 17.4 12.4 J 28' 4S0_ S07G - 44 07 Ga. 8.6 5.2 2.8 1.1 B 28' 5SO S11 G - 5x5 11 Ga. 9.8 5.7 2.9 0.9 C 28' 5SO S07G - 5x5 07 Ga. 17.7 11.8 7.7 4.8 D 28' 6SO S07G - 6x6 07 Ga. 29.7 20.6 14.3 9.9 J All LSI Lighting Systems' poles are guaranteed to meet the EPA requirements listed. LSI Lighting Systems is not responsible if a pole order has a lower EPA rating than the indicated wind - loading zone where the pole will be located. Caution: The LSI Lighting Systems' guarantee does not apply if the pole /bracket/fixture combination is used to support any other items, such as flags, pennants, or signs, which would add stress to the pole. LSI Lighting Systems cannot accept responsibility for harm or damage caused in these situations. Note: LSI Lighting Systems' pole calculations include a 1.3 gust factor over steady wind velocity. Example: poles designed to withstand 80 MPH steady wind will withstand gusts to 104 MPH. EPA's are for locations 100 miles away from hurricane ocean lines. Note: Hurricane ocean lines are the Atlantic and Gulf of Mexico coastal areas. 30 5SQ 011 G - 5x5 11 Ga. 7.6 3.9 1.4 - C 30' 5SQ S07G - 5x5 07 Ga. 14.8 9.4 5.7 3.1 D Steel pole weights: 44 11 Ga. is approximately 7.5 lbs. per ft. 30' 6SO S07G - 6x6 07 Ga. 25.6 17.3 11.6 7.5 J 44 07 Ga. is approximately 10.0 lbs. per ft. 35' 6SO S07G - 6x6 07 Ga. 17.2 10.5 5.9 2.6 J 6l 5x5 11 Ga. is approximately 9.0 lbs. per ft. ,�Q, // 5x5 07 Ga. is approximately 12.5 lbs. per ft. J� 'A 6x6 07 Ga. is approximately 15.4 lbs. per ft. HOW TO ORDER POLES Select appropriate choice fro eacl olu . Pole Series Material Height Mounting Configurati ole Finish Options Sq. Pole for 11 G 11 Ga. Steel 3' - S - Single Stan and 46 - 4' Base Cover Bolt On Bracket - 7 Ga. Steel 8' D180° - Double RZ - Bronz 5BC -5 Base Cave 4SQB 10' 090 ° - Double BLK - Black 6 - e over 5SQ6 12' DN90° - Double PLT - Platinum ER2 - Weatherproof Duplex Receptacle 6SOB 14' T90° - Triple Consult Factory GFI - Ground Fault Circuit Interrupter 16' TN120° - Triple (Additional Lead 48HH - 48" Above Base Handhole 18' 090° - Quad Time Needed) GA - Galvanized Anchor Bolts 20' QN90° - Quad PP - Prime R - Pole Preparation for Automotive 22' PA -Twin Parallel COA - Cocoa High- Lighter 0 26' VAN - Vanilla WHT - White DGP - DuraGripT"I Plus' NO - No Options Sq. Pole with N -Tenon Mount Tenon only 28' (Standard tenon 4SON 30' size is 2" pipe) 5SON 35' 6SON EXAMPLE OF A TYPICAL ORDER 5SQ6 - S07G - 24 - D180 - PLT - 5BC - DGP 'DuraGriplm Plus features added protection with a guaranteed 3.0 to 5.0 mil thickness of polyester - powder finish and an inner - coating. This specially developed inner - coating seals the pole and protects it against atmospheric and corrosive matter. DuraGrip Plus features a five -year limited warranty. Note: See LSI Lighting Systems' other pole data sheets for further pole selections. DuraGrip is a trademark of LSI Lighting Systems, a division of LSI Industries Inc. -ru tA(,triJUN IAFtp El OEIECTEp �+Aat CUKKtt IIUIaJ rjUIti, CHECKING ❑ REVISE AND RESUBMIT IS ONLY FOR GENERAL CONFORMANCE WITH THE DESIGA ONCEPT OF THE PROJECT N'"CEP TtOF GIVEN IN AND GENERAL COMPLIANCE WITH THi 'HoOR TI THE CONTRACT DOCUMENTS. " ICA S SUBJECT TO THE REQUIREMENTS ANY ACTIOq CONTRACTOR IS OF THE PLANS AND NHICld SHALL BE CONFIRMED AND RESPONSIBLE FOR: 48RICATION CORRELATED AT THE 1 JOB SITE PROCESSES AND TECHNIQUES OF CONDUCTION; C& : 1,SFA TC)R OF HIS WORK WITH THAT OF OTHER TRADES AND Tia arISFACTORY PERFOR414NCE OF HIS WORK, HAULS ENGIATERING, INC. Itc CONSULTING ELECTRICAL ENGINEERS ALTERNATE PHOTOMETRICS EQUAL TO SPECIFIED FIXTURE ,u txL;tPIluN IAR09 MANE CORRECTIONS ROTE) CLi aEJECTED REVISE AND RESUBMIT ro CHECKING IS ONLY FOd GENERAL CONFORMANCE WITH THE DESIOW CONCEPT OF THE PROJECT AND GENERAL COMPLIANCE WITH TK INFORMATION GIVEN IN THE CONTRACT DOCUMENTS. ANY ACTIOP iHOWN IS SUBJECT TO THE REQUIREMENTS OF THE PLANS AND ;PECIFICATIONS, CONTRACTOR IS RESPONSIBLE FOR: DIMENSION! NNICH SHALL BE CONFIRMED AND CORRELATED AT THE JOB SITE = ARRICATION PROCESSES AND TECHNIQUES OF CONSTRUCTION: CC )RDINATION OF HIS WORK WITH THAT OF OTHER TRADES AND THI ;ATICFACTORY PERFORMANCE OF HIS WORK NALLiS ErNCIltEl , -,j , fi1C. CONSULTING ELECTRICAL NEERS ljTr The PC V Series TYPE s,rF 7 The The PCV Fbftre Series is a phenomenal vert„ ical lamp Lumenaire which provides broad levels of even light while maintaining Architectural Sanctity. Available in Round or Square Design. S P E CI FI CA T I ON S HOUSING Heavy Duty Aluminum Construction REVEAL Decorative Recessed perimetric reveal LENS Convex Clear Impact Resistant Tempered Glass BALLAST High Power Factor Transformer mounted on removable ballast tray, easily serviced by separating Quick Disconnects LAMP Vertical Mount Lamp OPTICS Segmented Reflector available in Type 11, ill, V, and Front Throw Vertical Dist. ARM Extruded Aluminimum Construction SOCKET Porcelain Base UL Approved for wet location FINISH Thermoset Polysester Powder -Coat COLOR CHART BL BLACK DB DARK BRONZE BZ BRONZE WH WHITE SL SILVER GR GREEN CC Custom Color AM Arm YM Yoke PC IF i PFVISE AND IS ONLY F !FORMAN IGR )f THE Pk'OJ M---- ERAL CO ,• � _ , ITH THE )N GIVEN IN i, `E ()NY'.ACT DOCUMERTS. An ksTIOq SUBJECT TO THE , QUIREMENTS OF THE PLANS APof)_ DNS,. CONTRACTOR IS R SP(MSIBLE FOR; DIMEM MS .LL BE CONFIRMED AND 'ORRELATE6gtZT 89 SITE; 4 PROCESSES ARO T£CHt IQUES OF CD . ,, UCT1o;j; Co. OF HIS WORK SMITH TH, r * ^t F OT)!Em, ppe ' I ERFOMANCE OF HIS LM;H 70w, 100W, 17tw Ha UIS ENGINEEI ,INdSINGOw, 100W, 150W ISl LT RIG ELECTR CAL ENGINEERS IN Line Fuse �,/ a� 2� on M ��Cw w _ HPS 250w, 400w To Order Please Use Catalog # : 27" PCV 2 l awl - �L4Iiaf L HPS. kt . MH 1000w, 1500w :. HIPS 750w, 1000w ALTE RNATE- F-O-UAL `' SHAPE SO Square RD Round T 02 -03 -1993 PH (7147771 -1312 FAX (714)639 -9226 LIGHTING RESEARCH LABORATORY INC P.O. PDX 6193 ORANGE CA. 92667 ,TEST REPORT NO.: LRL 293 -6A LAMP: 1 1000 -W CLR MH MANUFACTURER,:,$IEBER LIGHTING RATED LUMENS= 110000 Catalog # PC'V' - Bpi -'watts - ANS T / I ES CLASS: V--s,c TOTAL. DOWNWARD CU: HOUSESIDE: 0.33 STREETSIDE: 4,33 EFF: 67.0 DESCRIPTION; 23" x 23" x 13.5" SQT1ARE P'ATFERN LUMINAIRE SEGMENTED SPECULAR REFLECTOR W /DIAMOND PAT TOP REEL 24A DIA X 3.5' DROP CLEAR GLASS LENS COEFFICIENTS OF UTILIZATION -- DASHED CURVES 0.0 0.1 0.2 0.3 0.4 0.5 D I S T A N C E A c R 0 S S S R E �M 0 U N T i N G H E I G H T H 1 0 U S E S 0 I E S T R E' T S I D E 1 2 3 m 5 1 O 1 2 3 4 DISTANCE ACROSS'STREET / MOUNTING HEIGHT ISOLUX CURVES FOR 28 ' MOUNTING HEIGHT WITH O DEGREE TILT CONVERSION FACTORS FOR VARIOUS LAMPS AND MTG HEIGHTS 5 L C ESIGR H THE R2TION a AND MSIONS SITE: :CO- 0 TH9 LAMP TYPE LUMENS MOUNTING HEIGHT 16.00 20.00 24.00 28.00 32.00 36.0U) 1900 -W CLR MH 110000 3.06 1.96 1.36 1.00 0.77 b b CERT: FOR LRL: 4060 -W CL•R ' SMH 40000 1.11 0.71 0.49 0.36 0.282 2550 -W CLR MH 20500 0.57 0.37 0.25 0.19 0,14 0. 4OD-W CLR BPS 50000 1.37 0.88 0.61 0.45 0.34 X0.27, 0 riwro iAhL'. ❑ MARL LUKKLUIIUN WIL9 C, � ECT � RE111S AND RESUB AT ECKI G IS OPoLV GENERAL CON OIMAKE 1fi11T THE Q C NCEP' OF THE i IOJECT AND GEN. . COWIPLIA CE fAll1 MN AIM IN THE CONTRP .T WCUMEWT ANY HOWI'q IS SUBJEC' -TO THE REQUIF �M MS OF TIE 1 J PECIFI 'ATIORS, C( ITRACTOR IS RE, P( MS F00 : 014 MICH SHALL BE'! )NFIRMED AND D'R IEIATED AY HE JO ABRI TON PROC.'SES AND TECHNIIIES Of CO JRDINi TION OF HI WORK WITH THA )F OTi9ER TOES PER HAL IS ENGINEEf I VG, INC. CONS WING ELECT CAL ENGI EER .2 .� 5 L C ESIGR H THE R2TION a AND MSIONS SITE: :CO- 0 TH9 LAMP TYPE LUMENS MOUNTING HEIGHT 16.00 20.00 24.00 28.00 32.00 36.0U) 1900 -W CLR MH 110000 3.06 1.96 1.36 1.00 0.77 b b CERT: FOR LRL: 4060 -W CL•R ' SMH 40000 1.11 0.71 0.49 0.36 0.282 2550 -W CLR MH 20500 0.57 0.37 0.25 0.19 0,14 0. 4OD-W CLR BPS 50000 1.37 0.88 0.61 0.45 0.34 X0.27, 0 ' , �.,, ri:�r ,Jl ; •i'r :P .try 4 s .. ... :•iC` ALTERNATE PHOTOMETRICS ARE NOT EQUAL TO SPECIFIED AND MAY REQUIRE NEW LIGHTING LAYOUT TO MAINTAIN PROPOSED FOOT CANDLES J PARK LANE ow tAc- trlluo Mail MAKE CURRECHURS p lam L l2fiJECTED REMISE ARID RESUMV OHECKING IS ONLY FOR GENERAL CONFORNANCE WITH TIE I :SIGR The Park Lane is an ideally suite- OF T}IE PROTECT AND GENERAL COf�PUAiyCE tY THE y dFa,8, rl #,FVdR9#THE CONTRACT WWMEFITS IY ;TIOfy light fixture for lighting applzcoAguf 9u%ZbT'g:THE REQUIREMENTS, W THE FAN,' AND roadways, general, area lighting a#AC191F,4%, rS, CONTRACTOR IS RESPOMBLE FOR: D; EI IONS commercial uses. It is our most eUM cC116E CONFIRMED AND CORRELATED AT THE,TO&;SITE; ltmmitiaire. FABRICATIOV PROCESSES AND TECHNIQUES OF COPS =TIO�. CO Designed fo R01 0.TION OF HIS WORK WITH THAT OF OTHER TRADES A06 THE simply bolt s It can also install on SPEMFIG- ATIONS . r easy service and ins t0�8tjS A ��Ft�nFicRF' WARCE OF HIS WO1M onto a square pole, using two bolts. have the option of tenon mouMILLUS ENGINEERING, INC. a round pole CONSULTING ELECTRICAL ENGINEERS Housing - A weathertight unit fabricated from one -piece aluminun, continuous hellarc welded -at all seams. A heavy duty aluminum plate is welded inside the•ftxturc at.the mounting arm Joint for extra strenotri to withstand heavy wind,. Optical Chamber - A one -piece hydroform reflector with a specular Al2ak rutish. Reflector Is ANSF type 11, 111, Y or Front throw. Lens and Frame Assembly - Lens Consists of a i" tempered, high Impact heat - resistant glass. - The frame and lens are moisture seeled by goskCts. Inle Sens frame is one-piece die formed fropt 13 gauge aluminum, It is secured by 2 quarter turn captive screws for easy maintenance. The lens frame opens on .2 heavy duty aluminum hinges. ALTER( AIT- Electricul Components - All ballasts are CWA or high power factor regulating auto - transformers, starting at -206F. They are available in Metal Halide, Mercury Vapor and High-pressure Sodium vapor. All wattages and voltages are available up to 400 watt. All components are U.L. listed. Fixture Arm - Is one-piece rectangular steel 8 "x2 "xC ". Two 3/8 "40" bolts, nuts and washers are provided for easy installation. Socket - Is glazod porcelain with silver coated 600V contacts, mogul base, spring loaded. Wiring features quick disconnect plL . Finish - Powdercoating. Standard colors arc: Dark - Bronze. Black, Silver, White, Green and Brown. Custom colors to your specs, no extra charge. Dumnodic arwdizing avanable on spccial.request. All fixtures are factory tested before shipment- ]BIEBER LIGHTING CORPORATION FAIINUPACTUREFES OF auALITY UGHTING EQUIPMEK7 970 WEST MANCHESTER. INGt.IN00D; CA 90301' PHONE 213 776 -4744 FAX-213r76-0235 .,. �,• .;�t s�, l'J 41 SQUARE I. POLE Q 1 STUDS, 140t1NTING ARM BOLT PATTERN FOR POLE 5" on centet 0 0 T Sol I 2 3/8" on 'center Wire-way 7/8" hole 3/8 hole mu @ACE.F'11U61 man ® NAM CUHREC11UbS 0 DEJECTED REVISE AND RESUBMIT iIECKIf5G 14S OfBLV EO GF 1 COWF R WITH THE DESlflp CONCEPT OF TH rtUJECT AND GEN °9L COMPLRNbE;W4H THE INFO PM Tigil "GIVEN IN THE ' IRA Dt, UFAE"TS• = 1`VION S Am SHO yN IS SUBJEC "� THE REQUI . AEEM t,. THE E SPECIFICATr CONTR9VOR IS RE, poNSIKE F DI EPISIOPo 1,YH ,. SHALL- BE C014FIRMED AWO 'RELATED AT THE 10® SITE. FA RICATION PROCESSES I eCHNIII.` . OF CONSTRIJ QOp; CO Of DINATION OF . RK.WITH THAT OF `R APo® THQ c MSF f nRMANCE OF HIS Yd041it. HIALs.o• -' GINEERING p' SO�SIN "� "I INEERS ____ FIXTURE WATTAGE LAMP 'VOLTAGE DISTRIBUTION t= r horn Tlvow HICK 120 ll Type 11 AiL'TAL PHESSUIt@ MURCURY 209 111 TypCIII PL PARK LANE HALIDE SODIUM VAPOR 240 Y Type 5 u IV 277 i01V 480 75W MT (Multi lapl 100W ' 150 tY tiT514 '-450W 400w IYIOUN7ING ARRANGC�IVIEN�S 1. 2. 3. 4. 5. 6. FINISHES ORDER AVAILABLE • OPTIONS EXAMPLE 13L Blade TH Tan W 1YaU Mount Fixture Wattage Lamp Voltage Distribution Mountir+g Finish Option Do Dal%Bronze vtk white PC Photo Coll Arrangenlent nz SmAri GR Green DL Drop- Lexan Lens PL- 400 ZIPS 240 lSl 2 DL PC BR ;Brown SL S�tiver TZd Tcnon Mount CS Clare Shield See Vole sheet for Specw Mors ano (wvshes arc avadael& vanQUS odes aysdabb COMA IaClory. MIS dom em emmins'mprisuwy Information of Ine Sie"r tOft. Cogxwadon sr+o is transInluep in cgnkfenrA. Any repmefpc6m tekolosote or -uzA b( I?us downem Is expressly prohibited excePl as BiCber ttp>;1Np Corporatlan may otherwise: egrhe in wlitiAr�t- 01M 91COCR LIGHTING CQRPORATION 131E13E9 FIGHTING CORPORATION �t MAlt[?F'AC't'aMMS OF OCAL= LICiMMO EI]II> MMU 970 WEST MANCF>ESm RMLI;;WOOD. G4 90301 PHONE (213) 776 -47" FAX (213) x76 -= . � .. ., . i _...j r. ... c ..,. �;" , .. 1 .. •�! . .. n „} , .. �: .. ..:.�f'' . i ... LIGHTING RESEARCH LABORATORY PHOTOMETRIC REPORT LP(, 0 692728 MANUFACTURER: BIEBER LIGHTING CATALOG NO: PARK T.77.NE ANSI /IES CLASS: II — S — :C MOUNTING HEIGHT: 20 FT w w � t- 1--• Vw 0x Uz 4 � w uz zo 0 a 2 a 0 ii 1 R 2 a v `A 3 P.O, BOX 6193, ORANGE, CA•LI F, 92667 BILL F. (ONES, P.E. (714) 771 -13;2 DATE: 6 -1 -82 DESCRIPTION: 18" x 16" x 8" UNC'C W /SPECULARNWHITE HYDROFORM REFL & 13" x 13" CLEAR GLASS LENS ISOLUX CURVES — VALUES IN INITIAL FOOTCANDLES 0 1 L 3 4 11 (DISTANCE ALONG STREET) /.(MOUNTING HEIGHT) 6 COEFF. OF UTILIZATION ISOLUX FOR 100 —W CLEAR HPS LA111F RATED 9500 LUM -ENS .5 .4 .3 U .2 ,1 0 0 1 2 3 4 S YA iNSV, 01$T(MT0. HT, CFRT: FOR LRL: CONVERSION FACTORS FOR VARIOUS Scr LAMPS AND MOUNTING HEIGHTS c THE EIOD ANC ION' SITE, CO THU -tnMP YYPE LUMeNS 1b 18' 20' wU �A :aYl : I �F1Ek P I TAKE GOI .EHISE AIM REGI 10111i RESU NOlkl9 MIT .61, 150W CLR HPS 16000 2.6 CMECV Ci WCE i0 VS 0 PT 0� T 3Li GOR IIE N'O1 . ENERAL "I 00 CONFORM GENERAL ANCE WI' COMPLIN "' H THE D ICE WIT .75 .61 .39 .27 400W CLFI HPS IWFU.' SHOVd IDC TIOF1 r IS SUI a IVEN I \cl 'EC1 T :ONTR v THg REI!UIREI�ETJ "TOR IS RESPOM -1BLE 1 ;. S TI F E PLANS DIMEN' 2 1 gIHIC 8R1 � 11 I S IALL �Ti F to i L F' BE CONF ROCFSSES ei�I WO2it, I ME6 AND TECHNIVS `11193THAT D CORK OF TED AT OF COF1 UMER rMM THE D0� mcm ap 41? FAC1?Rtl PEr ORM ALL 1S IN EP .E l� GIJlJEER HI" O S I, INC. G0 UL7 L TRI�'A ENG i i I 0 1 L 3 4 11 (DISTANCE ALONG STREET) /.(MOUNTING HEIGHT) 6 COEFF. OF UTILIZATION ISOLUX FOR 100 —W CLEAR HPS LA111F RATED 9500 LUM -ENS .5 .4 .3 U .2 ,1 0 0 1 2 3 4 S YA iNSV, 01$T(MT0. HT, CFRT: FOR LRL: CONVERSION FACTORS FOR VARIOUS Scr LAMPS AND MOUNTING HEIGHTS c THE EIOD ANC ION' SITE, CO THU -tnMP YYPE LUMeNS 1b 18' 20' 25' 30 100W CLR HPS 9500 1.6 1.2 1.0 .61, 150W CLR HPS 16000 2.6 2.1 1,7 1,1 .75 70W CLR HPS 5800 .95 .75 .61 .39 .27 400W CLFI HPS 60,000 .4 6.3 5.2 3.3 2.3 Unlctt others -ate %taltd 711 Wtt Ire Performed -n idduedinec �,'h )ES or other loohc4DIc ItOndjrd D,ocedurec ire is C,ritt —Ithrn 117nWd 0AQ10, metrlC IOICUnGr I, Ind 7ec Mica an ralcd oc ,,formancc COndihont. LAL lsswmct no fciOOMtb,1,ty foe 7oolic7b,hty of 1ht] dill Io ficto condiliom Or to 7ny ilm Dlc of tne, 1umin7,r4 other th]n the SDtafic unit lc%ted, .. � •, �• ' ' .. ..� .. ,� , f �, .. � f 'sr. o., . � {-,, � , .. ,,.;.. COMMONWEALTH A P¢furce Group IbW¢s Cmpvry PROPERTY OWNERS CERTIFICATION REF: APN 769 - 030 -044 I, Charles R. Brown , certify that on February 15, 1994 the attached property owners list was prepared by COMMONWEALTH LAND TITLE pursuant to application requirements furnished by the Riverside County Planning Department. Said list is a complete and true compliation of owners 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. I further certify that the information filed is true and correct to the best of my knowledge. I understand that incorrect or erroneous information may be grounds for rejection or denial of the application. NAME: Charles R. Brown TITLE /REGISTRATION: Customer Service Representative ADDRESS: 6215 River Crest Drive • Riverside, California 92507 PHONE: SIGNAT (9 o 9) 653 -3853 • (800) 999 -6335 DATE: February 15, 1994 C"736 V- ') � q. u T. n C) „ -1 IS uoq.FupAs"M t7t7oT!; C ZY 6 d '-?*jLI'1I**It) 1-3*1 jTgT (-),j Wt-TXVISSaA a'[XOj e UO,JaW Z 0 0 CZ069Z E*S33 6 V 3 ►� q. u -, n t) e -1 'e tu 0 L 'ed `3 L L "'] a'609 S1 n1211 LIXLas()�J o d tul?l , f! : L L T c T 0-- 1-:17 LO -69!_ 9 Z 6 V3 1,3 q. u -1 ri t) 'e-1 OpJS*E,jo a 08609 X . v a S -3 1. T. H `63 0 J 04 L V M 0TO-ZZ069Z C! Z Z 6 V- ,3 1- 1 ki T rI t) "-1 0 S T :10 i9 L L 'a 3 0,,' 6- 0!._� Ok.ITAa.Jj_ auaL-JIL-14 '3 L00'Z'Z0-69Z E:90C.6 V:3 Xa L L Vo T W T S 1300• _.I:_:90• -69Z XXX PlaIu"d 6T xx-x- 37 ZZ V 3 w., I u i ri 0 wl Ods-E-:10 aLLI?J 090T9 L)2a-J-JP L L To e L8EuV e JaTAV?f� T 0 0 --- Z , I-, T - 6 9 Z 3v 6 Vo equ*rrit) "-I [0S36 3 J-0 JE'lltuvNO li."JUTnt) e-1 Too•_TF_:T-•69Z C!l ZZY 6 Vo )?IUTnt) v-1 TTIST 1<09 Od UI-2TXI,2SSaX aTXONJ 13 UO.JaW TOO-6ZO-69Z Z89Z'6 V:3 a.:I,q.j UOXUP-3 17ZCB XOR Oj q.IT.J..JaW v?PuX-1 '2 H UVT.-► ll 3'[0 -DLO' -69L Vo ar.,ISJ@AT,y OT9 IS 1410T 60t7P, I? I u 1. F, 0 ,,...I 10 XITJ T00' °060' -69L E. 6 V 3 Pq u -r n t] },...1 IMOL-e.J aLL"?3 SZ609 STAlell UXLBSMJ -6' .3 (uP--!LLTM b10 0' -69L 8SZ7 6 VO UOXUV?Z) t7Zl7_:G I-10)3 Oj .44.c.J.Jaw ';-,p,uX-1 0 1•4 TT0---ZZ0--69Z 0 ZZ 31 6 V3 agv•JTW 0143UV8 T -:,' 9,-:,r 6 V3 *'il-.41 Z30T 1•11011 0.3 1•J MOSSOLU T06T Jai" L %?d vJPuOS 0 3 saw ef o,L:3:)ri,j asc*j `3 OL-..'P:) 600• -,:-"ZO 69Z 1300 Z 0 -- 6 9 Z C,_-j Z-137 6 Vo v?juTno 1?1 ,?I-*,Lf(:)j P'I P-PT (ja^v OTZBZ OUT,A-LA HaN 900--ZZO-69Z 1.:90} 6 V3 XaLLeo PUTS aAV 001-2-M C917C a.J.j.,cj.r,IV2:3w a'_IW.2'EI7 '.3 WTI ZOO• -C90-69/ S(-,'3b Vo '#?IUI:rlt) SZZ I Xog O,j um(:)•.J)l a 3 Lae#4:)TW 200 -%7,ZO--69Z 9 C'C*Y,-:', 6 VO ''LLa'4D�03 Xem as.r..Jd._IajU3 oo} -.-g T T J P- Lll- 'Ij ._IoD(uv 6C0 0)_: 0 -- 6 5� lef *********»************»**»******************** * DATAQUICK INFORMATION NETWORK REPORT * o * * Riverside X. ************»**«****************«****»******** Prepared for: CITY OF LA QUINTA MR JERRY HERMAN 300' RADIUS Provided by: COMMONWEALTH LAND TITLE Account Rep: 6215 RIVERCREST DRIVE STE. A Prepared by: CHARLIE RIVERSIDE, CA 92507 (714) 653-3853 (800)999-6335 **********«********************************************************************* * Farms - 5 line : records 1 to 12 Labels Requested * * * * --- Search Criteria --- * * Parcel Number 769072001 TO 769072002 OR 769072006 TO 769072009 OR 769073 * * OR 769090 OR 769131 OR 769132001 TO 769132002 X. * * * * * * * X. * * * * * * * * X. * * * * * * * * * * 12 matching properties were found X. ***»***************************************************************»******«***** The following report was processed using the above parameters and was provided by of COMMONWEALTH LAND TITLE Copyrzght (01991 Dataquick ------------------------------------------------------------------------------ Information Network (714) 275-0771 Page 1 1 ) Prcl:769-072-002 Site: 92253 Ownr:AKMvCONST Mail:PO BOX 366*LA QUINTA CA 92253 Use:SINGLE RESIDENCE Ph: Zn:R1 Tfr: Date:04/92 Loans:$172,525 Xmpt: Yb:90 Sqft:2,237 Asd:$97v000 Imp:67% Un: Doc#:136470 Tr: OOOOO-OO Lot: L-0078 Bdrms: 3 Bths: 2.5 Lotsz: 14,810 ------------------------------------------------------------------------------ 2 ) Prcl:769-072-006 Site: Dwnr:DOUGHERTY,CLINT&MICHE Mail:317 HOLLYWOOD BLVD*OXNARD CA 93035 Use:VAC RESIDENTIAL Ph: Zn:R1 Tfr:$14,000F Date:05/91 Loans: Xmpt: Yb: Sqft: Asd:$9,370 Imp:O% Un: Doc#:169367 Tr: OOOOO-OO Lot: L-0086 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 3 ) Prcl:769-072-007 Site:50920 CALLE OBISPO*LA QUINTA CA 92253 Ownr:TREVINO,VICTOR&MARLEM Mail:50920 CALLE OBISPO*LA QUINTA CA 92253 Use:SINGLE RESIDENCE Ph: Zn:R1 Tfr: Date:07/87 Loans: Xmpt:HOM Yb:87 Sqf01,715 Asd:$105,053 Imp:88% Un:1 Doc#:209775 Tr: OOOOO-OO Lot: L-0085 Bdrms: 3 Bths: 2.0 Lotsz: 12,632 ------------------------------------------------------------------------------ 4 ) Prcl:769-072-008 Site: Ownr:PUCCIO,CARLO&ROSE M Mail:1901 BLOSSOM PL*BREA CA 92621 Use:VACANT MISC Ph: Zn:R1 Tfr: Date:10/88 Loans: Xmpt: Yb: Sqft: Asd:$3,239 Imp:O% Un: Doc#:301399 Tr: OOOOO-OO Lot: L-0084 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 5 ) Prcl:769-072-009 Site: Ownr:PALMER,JAMES E Mail:PO BOX 1027*RANCHO MIRAGE CA 92270 Use:VACANT MISC Ph: Zn:R1 Tfr: Date:05/92 Loans: Xmpt: Yb: Sqft: Asd:$38,494 Imp:O% Un: Doc#:183331 Tr: OOOOO-OO Lot: L-0083 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 6 ) Prcl:769-073-001 Site:50970 WASHINGTON ST*LA QUINTA CA 92253 Ownr:YESSAYIAN,MERON&ROXIE Mail:PO BOX 1511*LA QUINTA CA 92253 Use:SINGLE RESIDENCE Ph:(619)564-6674 Zn:R1 Tfr: Date:08/89 Loans: Xmpt: Yb:80 Sqft:1,526 Asd:$104,040 Imp:65% Un:1 Doc#:282403 Tr: OOOOO-OO Lot: L-OO87 Bdrms: 3 Bths: 2.0 Lotsz: 12,196 ------------------------------------------------------------------------------ 7 ) Prcl:769-073-002 Site: Ownr:YESSAYIAN,MERON&ROXIE Mail:PO BOX 1511»LA QUINTA CA 92253 Use:VAC RESIDENTIAL Ph: Zn:R1 Tfr:$140,OOOF Date:08/89 Loans: Xmpt: Yb: Sqft: Asd:$36,414 Imp:O% Un: Doc#:282404 Tr: OOOOO-OO Lot: L-0088 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 8 > Prcl:769-090-001 Site: Ownr:CITY OF LA QUINTA Mail:3403 10TH ST 610*RIVERSIDE CA 92501 Use:MISC. COMMERCIAL Ph: Zn:R2 Tfr: Date:01/88 Loans: Xmpt: Yb: Sqft: Asd:$74,871 Imp:0% Un: Doc#:5378 Tr: - Lot: - Bdrms: Bths: Lotsz: 17.57 A --------------------------------------------------------------------_--------- 9 ) Prcl:769-131-001 Site: Ownr:LA QUINTA CHAMBER OF Mail:PO BOX 255*LA QUINTA CA 92253 Use:VAC RESIDENTIAL Ph: Zn:R1 Tfr: Date:07/87 Loans: Xmpt: Yb:80 Sqft:1,360 Asd:$14,070 Imp:O% Un: Doc#:197791 Tr: OOOOO-OO Lot: L-0089 Bdrms: 3 Bths: 2.0 Lotsz: 9,583 ------------------------------------------------------------------------------ 10 ) Prcl:769-131-002 Site:51044 WASHINGTON ST*LA QUINTA CA 92253 Ownr:HUDSON,MICHAEL H Mail:51044 WASHINGTON ST*LA QUINTA CA 92253 Use:SINGLE RESIDENCE Ph: Zn:R1 Tfr: Date:05/92 Loans: Xmpt:HOM Yb:52 Sqft:842 Asd:$34,476 Imp:64% Un:1 Doc#:171087 Tr: OOOOO-OO ------------------------------------------------------------------------------ Lot: L-0090 Bdrms: 2 Bths: 2.0 Lotsz: 15,246 - , Copyright (01991 Dataqu1ck Information Network (714) 275-0771 Page 2 ------------------------------------------------------------------------------ 11 ) Prcl:769-132-001 Site: 92253 Ownr:VILLARREAL;JAVIER&ANG Mail:51050 CALLE OBISPO*LA QUINTA CA 92253 Use:SINGLE RESIDENCE Ph: Zn:R1 Tfr:$153,000F Date:10/88 Loans:$114,750 Xmpt: Yb:88 Sqft:2,124 Asd:$159,181 Imp:83% Un:1 Doc#:289719 Tr: OOOOO-OO Lot: L-0091 Bdrms: 3 Bths: 2.0 Lotsz: 9,147 ------------------------------------------------------------------------------ 12 > Prcl:769-132-002 Site:51100 CALLE OBISPO*LA QUINTA CA 92253 Ownr:BOHNENBERGER,DALE MM Mail:51100 CALLE OBISPO*LA QUINTA CA 92253 Use:SINGLE RESIDENCE Ph:(619)565-6006 Zn:R1 Tfr:$79v500 Date:07/81 Loans: Xmpt:HOM Yb:8O Sqft:1,360 Asd:$88,453 Imp:86% Un:1 Doc#:127387 Tr: 00000-00 ------------------------------------------------------------------------------ Lot: L-0092 Bdrms: 3 Bths: 2.0 Lotsz: 12,196 *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * DATAQUICK INFORMATION NETWORK REPORT * * * Riverside *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Prepared for: JOHN KOENIG 300' RADIUS APN 769 - 030 -044 Provided by: Commonwealth Land Title 6215 River Crest Drive, # A Riverside, CA 92507 1- 800 - 999 -6335 (909- 653 -3853) FEB 16 1994 4� t OF LA ()UiNTA PLAiNi IN DEPARTME14T Account Rep: Prepared by: CHARLIE *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * Farms - 5 line : records 1 to 19 Labels Requested * * * - -- Search Criteria - -- * Parcel Number 769030039 OR 769063007 OR 769063008 OR 769072003 OR 76907* * 2006 TO 769072014 OR 769073 OR 769090001 OR 769131 OR 769* * 132001 * * * * * * * * * * * * * * * * * * * * * * * * * 19 matching properties were found Tue Feb 15 00:09:39 1994 *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * ** The accuracy of this information is deemed reliable but not guaranteed * ** The following report was processed using the above parameters and was provided by of Commonwealth Land Title ------------------------------------------------------------------------------ Page 1 1 ) Prcl:769- 030 -039 Site: Ownr:AMCOR REALTY FUND III Mail:52300 ENTERPRISE WAY *COACHELLA CA 92236 Use:MISC STRUCT ONL Ph: Zn:A2 Sale: Date: Loans: Xmpt: Yb: Sgft: Asd:$1,280,387 Imp:O% Un: Doc #: Tr: - Lot: - Bdrms: Bths: Lotsz: 17.30 A ------------------------------------------------------------------------------ 2 ) Prcl:769- 063 -007 Site: Ownr:MCAULIFFE,TIM &DIANNE Mail:3463 WACO AVE *SIMI VALLEY CA 93063 Use: Ph: Zn: Sale: Date: Loans: Xmpt: Yb: Sgft: Asd:$2,800 Imp:O% Un: Doc #: Tr: 00000 -00 Lot: L -0076 Bdrms: Bths: Lotsz: 11,325 ------------------------------------------------------------------------------ 3 ) Prcl:769- 063 -008 Site: Ownr:MCAULIFFE,TIM &DIANNE Mail:3463 WACO AVE *SIMI VALLEY CA 93063 Use: Ph: Zn: Sale: Date: Loans: Xmpt: Yb: Sqft: Asd:$4,500 Imp:Oo Un: Doc #: Tr: 00000 -00 Lot: L -0076 Bdrms: Bths: Lotsz: 19,166 ------------------------------------------------------------------------------ 4 ) Prcl:769- 072 -003 Site: 92253 Ownr:BROWN,MICHAEL E &BARBA Mail:PO BOX 225 *LA QUINTA CA 92253 Use:SINGLE RESIDENC Ph: Zn:Rl Sale:$249,000 Date:03 /01/91 Loans:$138,000 Xmpt: Yb:1990 Sgft:2,237 Asd:$249,696 Imp:70o Un:l Doc #:96734 Tr: 00000 -00 Lot: L -0079 Bdrms: 3 Bths: 2.5 Lotsz: 14,810 ------------------------------------------------------------------------------ 5 ) Prcl:769- 072 -006 Site: Ownr:KLEINE,NEIL Mail:78710 AVENIDA LA FONDA *LA QUINTA CA 92253 Use:VAC RESIDENTIAL Ph: Zn:Rl Sale:$45,000F Date:11/24/92 Loans: Xmpt: Yb: Sgft: Asd:$45,000 Imp:O% Un: Doc #:449405 Tr: 00000 -00 Lot: L -0086 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 6 ) Prcl:769- 072 -007 Site:50920 CALLE OBISPO *LA QUINTA CA 92253 Ownr:TREVINO,VICTOR &MARLEN Mail:50920 CALLE OBISPO *LA QUINTA CA 92253 Use:SINGLE RESIDENC Ph: Zn:Rl Sale: Date:07 /01/87 Loans: Xmpt:Y Yb:1987 Sgft:1,715 Asd:$107,153 Imp:88% Un:l Doc #:209775 Tr: 00000 -00 Lot: L -0085 Bdrms: 3 Bths: 2.0 Lotsz: 12,632 ------------------------------------------------------------------------------ 7 ) Prcl:769- 072 -008 Site: Ownr:PUCCIO,CARLO &ROSE M Mail:1901 BLOSSOM PL *BREA CA 92621 Use:VACANT MISC Ph: Zn:Rl Sale: Date: Loans: Xmpt: Yb: Sgft: Asd:$3,303 Imp:O% Un: Doc #: Tr: 00000 -00 Lot: L -0084 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 8 ) Prcl:769- 072 -009 Site: Ownr:PALMER,JAME,S E &SONDRA Mail:PO BOX 1027 *RANCHO MIRAGE CA 92270 Use:VACANT MISC Ph: Zn:Rl Sale: Date: Loans: Xmpt: Yb: Sgft: Asd:$39,263 Imp:O% Un: Doc #: Tr: 00000 -00 Lot: L -0083 Bdrms: . Bths: Lotsz: ------------------------------------------------------------------------------ 9 ) Prcl:769- 072 -010 Site:50980 CALLE OBISPO *LA QUINTA CA 92253 Ownr:SEAY,WALTER V &NILE J Mail:50980 CALLE OBISPO *LA QUINTA CA 92253 Use:SINGLE RESIDENC Ph: Zn:Rl Sale:$253,50OF Date:09 /01/90 Loans: Xmpt:Y Yb:1990 Sgft:2,762 Asd:$260,100 Imp:72% Un:l Doc #:343945 Tr: 00000 -00 Lot: L -0082 Bdrms: 3 Bths: 2.5 Lotsz: 11,325 ------------------------------------------------------------------------------ 10 ) Prcl:769- 072 -011 Site:50905 CALLE PALOMA *LA QUINTA CA 92253 Ownr:MERRITT,BRIAN H &LYNDA Mail:PO BOX 8374 *CANYON LAKE CA 92587 Use:SINGLE RESIDENC Ph: Zn:Rl Sale: Date: Loans: Xmpt: Yb: Sgft: Asd:$204,000 Imp:75% Un:l Doc #: Tr: 00000 -00 Lot: P -0001 Bdrms: Bths: Lotsz: 11,325 Copyright (c)1994 Dataquick Information Network Page 2 11 ) Prcl:769- 072 -012 Site:50915 CALLE PALOMA *LA QUINTA CA 92253 Ownr:MERRITT,BRIAN H &LYNDA Mail:PO BOX 8374 *CANYON LAKE CA 92587 Use:VAC RESIDENTIAL Ph: Zn:Rl Sale:$240,000F Date:05 /05/93 Loans: Xmpt: Yb: Sgft: Asd:$210,700 Imp:83o Un: Doc #:167982 Tr: 00000 -00 Lot: P -0002 Bdrms: Bths: Lotsz: 6,534 ------------------------------------------------------------------------------ 12 ) Prcl:769- 072 -013 Site: Ownr:DAVIS,WILLIAM P &ROSEL Mail:50925 CALLE PALOMA *LA QUINTA CA 92253 Use:VAC RESIDENTIAL Ph: Zn:Rl Sale:$240,000F Date:05 /05/93 Loans: Xmpt: Yb: Sgft: Asd:$20,400 Imp:0o Un: Doc #:167982 Tr: 00000 -00 Lot: P -0002 Bdrms: Bths: Lotsz: 3,484 ------------------------------------------------------------------------------ 13 ) Prcl:769- 072 -014 Site:50925 CALLE PALOMA *LA QUINTA CA 92253 Ownr:DAVIS,WILLIAM P &ROSEL Mail:50925 CALLE PALOMA *LA QUINTA CA 92253 Use:SINGLE RESIDENC Ph:(619)564 -3566 Zn:Rl Sale: Date: Loans: Xmpt:Y Yb: Sgft: Asd:$233,788 Imp:75o Un:l Doc #: Tr: 00000 -00 Lot: P -0003 Bdrms: Bths: Lotsz: 12,632 ------------------------------------------------------------------------------ 14 ) Prcl:769- 073 -001 Site:50970 WASHINGTON ST *LA QUINTA CA 92253 Ownr:YESSAYIAN,MERON &ROXIE Mail:PO BOX 1511 *LA QUINTA CA 92253 Use:SINGLE RESIDENC Ph:(619)564 -6674 Zn:Rl Sale:$Q Date: Loans: Xmpt: Yb:1980 Sgft:1,512 Asd:$106,120 Imp:65% Un:l Doc #: Tr: 00000 -00 Lot: L -0087 Bdrms: 3 Bths: 2.0 Lotsz: 12,196 ------------------------------------------------------------------------------ 15 ) Prcl:769- 073 -002 Site: Ownr:YESSAYIAN,MERON &ROXIE Mail:PO BOX 1511 *LA QUINTA CA 92253 Use:VAC RESIDENTIAL Ph: Zn:Rl Sale:$140,000F Date:08 /01/89 Loans: Xmpt: Yb: Sgft: Asd:$37,142 Imp:0o Un: Doc #:282404 Tr: 00000 -00 Lot: L -0088 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 16 ) Prcl:769- 090 -001 Site: Ownr:CITY OF LA QUINTA Mail:3403 10TH ST 610 *RIVERSIDE CA 92501 Use:VACANT MISC Ph: Zn:R2 Sale: Date:01 /01/88 Loans: Xmpt: Yb: Sgft: Asd:$74,871 Imp:0o Un: Doc #:5378 Tr: - Lot: - Bdrms: Bths: Lotsz: 17.58 A ------------------------------------------------------------------------------ 17 ) Prcl:769- 131 -001 Site: Ownr:LA QUINTA CHAMBER OF Mail:PO BOX 255 *LA QUINTA CA 92253 Use:VAC RESIDENTIAL Ph: Zn:Rl Sale: Date:07 /01/87 Loans: Xmpt: Yb:1980 Sgft:1,360 Asd:$14,351 Imp:Oo Un: Doc #:197791 Tr: 00000 -00 Lot: L -0089 Bdrms: 3 Bths: 2.0 Lotsz: 9,583 ------------------------------------------------------------------------------ 18 ) Prcl:769 -131 -002 Site:51044 WASHINGTON ST *LA QUINTA CA 92253 Ownr:HUDSON,ANYA B Mail:51044 WASHINGTON ST *LA QUINTA CA 92253 Use:SINGLE RESIDENC Ph: Zn:Rl Sale: Date: Loans: Xmpt: Yb:1952 Sgft:842 Asd:$35,164 Imp:64% Un:l Doc #: Tr: 00000 -00 Lot: L -0090 Bdrms: 2 Bths: 2.0 Lotsz: 15,246 ------------------------------------------------------------------------------ 19 ) Prcl:769- 132 -001 Site:51050 CALLE OBISPO *LA QUINTA CA 92253 Ownr:VILLARREAL,JAVIER&ANG Mail:51050 CALLE OBISPO *LA QUINTA CA 92253 Use:SINGLE RESIDENC Ph:(619)564 -7075 Zn:Rl Sale:$153,000F Date:10 /01/88 Loans:$114,750 Xmpt:Y Yb:1988 Sgft:2,124 Asd:$162,364 Imp:83o Un:l Doc #:289719 Tr: 00000 -00 Lot: L -0091 Bdrms: 3 Bths: 2.0 Lotsz: 9,147 Copyright (c)1994 Dataquick Information Network COMMONWEALTH A Reliance Group Holdings Company N 0 V 1 2 b4 PROPERTY OWNERS CERTIFICATION REF: APN 769 - 030 -032, 033, 007 NEW NUMBERS: 769 - 030 -038, 039, 040 I, Charles R. Brown -, certify that on November 11, 1992 the attached property owners list was prepared by COMMONWEALTH LAND TITLE pursuant to application requirements furnished by the Riverside County Planning Department. Said list is a complete and true compliation of owners 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. I further certify that the information filed is true and correct to the best of my knowledge. I understand that incorrect or erroneous information may be grounds for rejection or denial of the application. Charles R. Brown TITLE /REGISTRATION: Customer Service Representative ADDRESS: 6215 River Crest Drive • Riverside, California 92507 PHONE: (714) §53,-3853 • (800) 999 -6335 A� SIGNATURE: DATES November 11, 1992 • \I 769 - 030 -036 769 -030 -038 Landmark, Land Co Of Calif Inc David & Betty Altman Po Boy: 1000 Po Box 1629 La Quinta CA 92253 Nok.onis F1 34275 769 - 030 -041 769- 040 -004 Landmark. Land Co Of Calif Inc Imperial Ir•r•igation Iiistr•ict Po Boy: 1000 Po Box 937 La Quinta CA 9225:3 i' Imperial CA 92251 769 - 040 -013 769 -040 -017 Coachella Valley County Water Landmark. Land Co Po Box 1058 Pa Boy: 1000 Coachella CA 922:36 La Quinta CA 92253 769- 040 -033 769 -061 -001 City Of La Quinta Landmark. Lane Co Of Calif Inc Po Box 1504 Po Box 1000 La Quinta CA 92253 La Quinta CA 92253 769- 061 -003 769- 061 -007 William A & Carol Fields & M A :30482 Golden Ridge Ln 11 Po Box 366 San Juan Capistrano CA 92675 La Quinta CA 9225:3 769 -061 -009 i 769 -063 -001 Sonya C Boyster• Tim & Luanne Mcauliffe 72580 Avenida Tujunga i; 3463 Waco Ave La Quinta CA 92253 '' Simi Valley CA 93063 I` ** 17 Printed *** 769-030-039 � Amcor Realty Fund Iii 52:300 Enterprise Way Coachella CA - 922= +6 i 769- 040 -005 Usa 769 Us Dept Of Inter Washington Inc 21401 769- 040 -020 Cvwd, Po Box 1058 Coachella CA 92236 769• - 061 -002 Yates Builders 78580 Via Sonata La Quinta CA 9225:3 769 -061 -008 Robert & Angeline Berton 68851 Risueno Rd Cathedral City CA 922:34 VON An 769-072-002 Const A&M Po Box 366 La Quinta CA 92253 - 789-072-008 Carlo & Rose Poccio 1901 Blossom Pl Brea CA 92621 -' 769-090-001 City Of La Quinta 3403 10th St 610 Riverside CA 92501 769-132-001 Javier & Angela Villarreal 51050 Calle Obispo La Quinta CA 92253 w*w 11 Printed *** � ..��a � . � ' � '^^ ' � � .. ^ ` � ^ -. .� , .. 769-072-006 Clint & Michele Dougherty 317 Hollywood Blvd Oxnard CA 93035 769-072-009 James E Palmer Po Box 1027 Rancho Mirage CA 92270 - 769-131-001 La Quinta Chamber Of Commerce Po Box 255 La Quinta CA 92253 769-132-002 Dale V & Myra Bohnenberger 51100 Calle Obispo La Quinta CA 92253 - ' ^ _ 769-072-007 Victor & Marlene Trevino � 50920 Calle Obispo La Quinta CA' 92253 769-073-001 Meron & Roxie Yessayian Po Box 1511 La Quinta CA 92253 769-131-002 Michael H Hudson 51044 Washington St La Quinta CA 92253 0 OV 1 2 b5i ��~ �* DATAQUICK INFORMATION NETWORK REPORT * | * * =-. '� —�� * Riverside * �iy��A��'.� Prepared for: CITY OF LA QUINTA MR JERRY HERMAN 300' RADIUS Provided by: COMMONWEALTH LAND TITLE 6215 RIVERCREST DRIVE STE. A RIVERSIDE, CA 92507 (714) 653-3853 (800)999-6335 Account Rep: Prepared by: CHARLIE ****************************************************»*************************** * Farms - 5 line : records 1 to 24 Labels Requested * * * * --- Search Criteria --- * *.Parcel Number 769020013 OR 769020026 OR 769020030 OT 769020038 OT 7690200* X. 41 TO 769020042 OR 769030036 OR 769030038 TO 769030041 OR 7* * 69040004 TO 769040005 OR 769040013 OR 769040017 OR 76904002* * O OR 769040032 TO 769040033 OR 769061001 TO 769061003 OR 76* X. 9061007 TO 769061009 OR 769063 OR 769071 * X. * » * * * X. * * * » * * * * 24 matching properties were found * ************************»*****************»*******************************»**»** The following report was processed using the above parameters and was provided by of COMMONWEALTH LAND TITLE Co-yr-�ht (01991 Dataquick Information Network (714) 275-0771 Page 1 1 ) Prcl:769-030-036 Site: Ownr:LANDMARK LAND CO OF C Mail:PO BOX 1000*LA QUINTA CA 92253 Use:VAC RESIDENTIAL Ph: Zn:A2 Tfr: Date:10/86+ Loans: Xmpt: Yb: Sqft: Asd:$2v685,948 Imp:O% Un: Doc#:250601 Tr: OOOOO-OO Lot: P-0003 Bdrms: Bths: Lotsz: 30.90 A ------------------------------------------------------------------------------ 2 ) Prcl:769-030-038 Site: Ownr:ALTMAN,DAVID&BETTY Mail:PO BOX 1629*NOKONIS FL 34275 Use:VACANT MISC Ph: Zn:A2 Tfr: Date: Loans: Xmpt: Yb: Sqft: Asd:$21,844 Imp:O% Un: Doc#: Tr: - Lot: - Bdrms: Bths: Lotsz: 3.56 A ------------------------------------------------------------------------------ 3 ) Prcl:769-03O-039 Site: Ownr:AMCOR REALTY FUND III Mail:52300 ENTERPRISE WAY*COACHELLA CA 92236 Use:MISC STRUCT ONLY Ph: Zn:A2 Tfr: Date:10/91 Loans: Xmpt: Yb: Sqft: Asd:$1,255,282 Imp:O% Un: Doc#:365280 Tr: - Lot: - Bdrms: Bths: Lotsz: 17.30 A ------------------------------------------------------------------------------ 4 ) Prcl:769-030-040 Site: Ownr:AMCOR REALTY FUND III Mail:PO BOX 8250*NEWPORT BEACH CA 92658 Use:VAC DESERT LAND Ph: Zn:A2 Tfr: Date:1O/91 Loans: Xmpt: Yb: Sqft: Asd:$22,815 Imp:O% Un: Doc#:365280 Tr: - Lot: - Bdrms: Bths: Lotsz: 14,810 ------------------------------------------------------------------------------ 5 ) Prcl:769-030-041 Site:78330 CALLE TAMPICO*LA QUINTA CA 92253 Ownr:LANDMARK LAND CO OF C Mail:PO BOX 1000*LA QUINTA CA 92253 Use:SNGL RES ON COMM Ph: Zn:A2 Tfr: Date:02/92 Loans: Xmpt: Yb: Sqft: Asd:$408,564 Imp:16% Un:1 Doc#:51805 Tr: - Lot: - Bdrms: Bths: Lotsz: 3.25 A ------------------------------------------------------------------------------ 6 ) Prcl:769-040-004 Site: Ownr:IMPERIAL IRRIGATION D Mail:PO BOX 937*IMPERIAL CA 92251 Use:VAC DESERT LAND Ph: Zn:R1 Tfr: Date: Loans: Xmpt: Yb: Sqft: Asd:$8,000 Imp:O% Un: Doc#: Tr: - Lot: - Bdrms: Bths: Lotsz: 10,018 ------------------------------------------------------------------------------ 7 ) Prcl:769-040-005 Site: Ownr:USA 769 Mail:US DEPT OF INTER*WASHINGTON DC 21401 Use: Ph: Zn:A2 Tfr: Date: Loans: Xmpt: Yb: Sqft: Asd: Imp:O% Un: Doc#: Tr: - Lot: - Bdrms: Bths: Lotsz: 10,018 ------------------------------------------------------------------------------ 8 ) Prcl:769-040-013 Site: Ownr:COACHELLA VALLEY COUN Mail:PO BOX 1058*COACHELLA CA 92236 Use: Ph: Zn:R1 Tfr: Date:12/77 Loans: Xmpt: Yb: Sqft: Asd: Imp:0% Un: Doc#:245846 Tr: - ------------------------------------------------------------------------------ Lot: - Bdrms: Bths: Lotsz: 27,007 9 ) Prc1:769-040-017 Site: Ownr:LANDMARK LAND CO Mail:PO BOX 1000*LA QUINTA CA 92253 Use:LEASED LAND/MISC Ph: Zn:R1 Tfr: Date:04/83 Loans: Xmpt: Yb: Sqft: I Asd:$369,399 Imp:O% Un: Doc#:77710 Tr: - Lot: - Bdrms: Bths: Lotsz: 10.71 A ------------------------------------------------------------------------------ 10 ) Prcl:769-040-020 Site: Ownr:CVWD, Mail:PO BOX 1058*COACHELLA CA 92236 Use:MISC. COMMERCIAL Ph: Zn:A2 Tfr: Date: Loans: Xmpt: Yb: Sqft: Asd: Imp:O% Un: Doc#: Tr: - ------------------------------------------------------------------------------ Lot: - Bdrms: Bths: Lotsz: 32,670 Copyright (01991 Dataquick Information Network (714) 275-0771 Page 2 ------------------------------------------------------------------------------ 11 ) Prcl:769-040-032 Site: Ownr:CVWD, Mail:PO BOX 1058*COACHELLA CA 92236 Use:VACANT COMMRCIAL Ph: Zn:A2 Tfr: Date: Loans: Xmpt: Yb: Sqft: Asd: Imp:O% Un: Doc#: Tr: - Lot: - Bdrms: Bths: Lotsz: 3,484 ------------------------------------------------------------------------------ 12 ) Prcl:769-040-033 Site: Ownr:CITY OF LA QUINTA Mail:PO BOX 1504*LA QUINTA CA 92253 Use:VACANT COMMRCIAL Ph: Zn:A2 Tfr: Date:01/92 Loans: Xmpt: Yb: Sqft: Asd: Imp:O% Un: Doc#:11041 Tr: - ------------------------------------------------------------------------------ Lot: - Bdrms: Bths: Lotsz: 2;613 13 ) Prcl:769-061-001 Site: Ownr:LANDMARK LAND CO OF C Mail:PO BOX 1000*LA QUINTA CA 92253 Use:MISC. COMMERCIAL Ph: IZn:R1 Tfr: Date:03/84+ Loans: Xmpt: Yb: Sqft: Asd:$111,067 Imp:89% Un: Doc#:63589 Tr: 00000-00 Lot: L-0013 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 14 ) Prcl:769-061-002 Site: Ownr:YATES BUILDERS Mail:78580 VIA SONATA*LA QUINTA CA 92253 Use:VAC RESIDENTIAL Ph: Zn:R1 Tfr:$30,000 Date:03/91 Loans: Xmpt: Yb: Sqft: Asd:$30,600 Imp:O% Un: Doc#:915559 Tr: OOOOO-OO Lot: L-0012 Bdrms: Bths: Lotsz: --------------------------------------------------------------_--------------- 15 ) Prcl:769-061-003 Site:78525 AVENIDA ULTIMO*LA QUINTA CA 92253 Ownr:FIELDS,WILLIAM A&CARO Mail:30482 GOLDEN RIDGE LN*SAN JUAN CAPISTRA 92675 Use:SINGLE RESIDENCE Ph:(714)496-9570 Zn:R1 Tfr:$85,000P Date:05/91 Loans: Xmpt: Yb:89 Sqft:1,961 Asd:$209,100 Imp:75% Un:1 Doc#:172806 Tr: OOOOO-OO Lot: L-0011 Bdrms: 3 Bths: 2.0 Lotsz: 12,196 ------------------------------------------------------------------------------ 16 ) Prcl:769-061-007 Site: Ownr:A,& M CONST Mail:PO BOX 366*LA QUINTA CA 92253 Use:VAC RESIDENTIAL Ph: Zn:R1 Tfr:$225,000 Date:10/89+ Loans: Xmpt: Yb: Sqft: Asd:$33,292 Imp:O% Un: Doc#:348943 Tr: 00000-00 ______________________________________________________________________________ Lot: L-0014 Bdrms: Bths: Lotsz: 17 ) Prcl:769-061-008 Site: Ownr:BARTON,ROBERTKANGELIN Mail:68851 RISUENO RD*CATHEDRAL CITY CA 92234 Use:VAC RESIDENTIAL Ph: Zn:R1 Tfr:$13,000 Date:06/87 Loans: Xmpt: Yb: Sqft: Asd:$14,020 Imp:O% Un: Doc#:177773 Tr: OOOOO-OO Lot: L-0015 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 18 ) Prcl:769-061-009 Site:78520 TUJUNGA*LA QUINTA CA 92253 Ownr:BOY8TER,SONYA C Mail:72580 AVENIDA TUJUNGA*LA QUINTA CA 92253 Use:SINGLE RESIDENCE Ph: Zn:R1 Tfr:$197,50OF Date:01/92 Loans:$147,000 Xmpt:HOM Yb: Sqft: Asd:$195,000 Imp:69% Un:1 Doc#:6001 Tr: OOOOO-OO Lot: L-0016 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 19 ) Prcl:769-063-001 Site: Ownr:MCAULIFFE,TIM&DIANNE Mail:3463 WACO AVE*SIMI VALLEY CA 93063 Use:VACANT MISC Ph: Zn:R1 Tfr: Date:07/91+ Loans: Xmpt: Yb: Sqft: Asd:$3,066 Imp:O% Un: Doc0:245552 Tr: OOOOO-OO Lot: L-0074 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 20 ) Prcl:769-063-002 Site: Ownr:MCAULIFFE,TIM&DIANNE Mail:3463 WACO AVE*SIMI VALLEY CA 93063 Use:VACAHT MISC Ph: Zn:R1 Tfr: Date:07/91+ Loans: Xmpt: Yb: Sqft: Asd:$3,116 Imp:O% Un: Doc#:245552 Tr: 00000-00 ------------------------------------------------------------------------------ Lot: L-0075 Bdrms: Bths: Lotsz: � �� Copyright (01991 Dataquick Information Network (714) 275-0771 Page 3 21 ) Prcl:769-063-003 Site: Ownr:MCAULIFFE,TIM&DIANNE Mail:3463 WACO AVE*SIMI VALLEY CA 93063 Use:VACANT MISC Ph: Zn:R1 Tfr: Date:07/91+ Loans: Xmpt: Yb: Sqft: Asd:$2;448 Imp:O% Un: Doc#:245552 TO OOOOO-OO Lot: L-0073 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 22 ) Prcl:769-063-004 Site: Ownr:MCAULIFFE,TIMKDIANNE Mail:3463 WACO AVE*SIMI VALLEY CA 93063 Use:VACANT MISC Ph: Zn:R1 Tfr: Date:07/91+ Loans: Xmpt: Yb: Sqft: Asd:$2,422 Imp:O% Un: Doc#:245552 Tr: OOOOO-OO Lot: L-0072 Bdrms: Bths: Lotsz: ------------------------------------------------------------------------------ 23 ) Prcl:769-071-001 Site:50730 WASHINGTON ST*LA QUINTA CA 92253 Ownr:MCAULIFFEvTIM&DIANNE Mail:3463 WACO AVE*SIMI VALLEY CA 93063 Use:VACANT MISC Ph: Zn:R1 Tfr: Date:07/91+ Loans: Xmpt: Yb: Sqft: Asd:$4,806 Imp:O% Un: Doc4:245552 Tr: OOOOO-OO Lot: L-0076 Bdrms: Bths: Lotsz: ------------------------------------------------------------_-------_----_---- 24 ) Prcl:769-071-002 Site: Ownr:MCAULIFFE,TIM&DIANNE Mail:3463 WACO AVE*SIMI VALLEY CA 93063 Use:VACANT MISC Ph: Zn:R1 Tfr: Date:07/91+ Loans: Xmpt: Yb: Sqft: Asd:$3,398 Imp:O% Un: Doc#:245552 ------------------------------------------------------------------------------ Tr: OOOOO-OO Lot: L-0071 Bdrms: Bths: Lotsz: PR( 'ECT CONTACT FORT 1. PROJECT: LA CeV/!KP= NADEL NO.: 90 -37'0 1-.4 4,111VT.2Ir d4!.lv`� DATE: 3.9/• %' 111,41.0 iv,Q /i7l�V -Sl.' ��L�D (LATEST EDITION) PROJECT ANAGER: 15,-W AS5t��7` PAGE 1 OF Z... ENTITY NAME &`ADDRESS.` ` CONTACT : TELEPHONE .p✓ �2 Y.oPr�yQr�t? �• TAB .16YI,t/.iv ro M57- 111AIW sr. 1°' 310 ) 507- 1177 ..WWII/,, Ti,� .Writ/ /G G'O.G4fw2�5 ✓D,y�v /ls �� /0 5.¢' Q,gaO owe• Z;_401rqIXA� dp�lw -s..A �o3 /o) 5a - -B22o d17 Gr 1W 4011 AIM _VW 6;VV 777 7aaO itilN4 78 95 CC&• 7.;1i'/�'O �� 1°r&?) 7- 7/O/ .7 IWAI;& firK4l0 lam% 777 -701,2, 86,G6 • rr 7�1�,�,�.r,�, tae ��V) 777 -7D/3 .G�iTa'o�r/t/7.. ,�P✓G'y.�✓�'Cl,�il� 777 -X✓ee e✓! ✓� �vr1>y,WI?ZqBB7*, 7tn11,M� /�v � "V 8r3 --9cfro _ 733 �' l�i'G'! 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SIGNAL MOUNING LSAXS. PI ACEMEAIlt TYPE HT. SIG I UX H.P,S.Y TYPE M QUAD voicif PEA MESSAGE A "All" A 29 -5--80 1 230 �+ B N SV-1 -T 9' -1-G5 CaaOe T l °2` B 1 -A 1 - - - B 6 E 112-T � 1-�S - 14 �}a C 27 -4-80 1 - - B 6 E SV-1 -T 91 -1-(S 9 1 D TYPE i5 - 1 250 N 8 8 S 7V-2--T SP 1-GS - l E 28-5 -w 1 - - - - - S6�1 -T 7 -1-G'S Calve T 0 F PPIB POIST - - - - B 8 S - - - 1 G 1 -A 1 - - - B 2 W 1V-2 -T 71-cs - 1 2 H 19 -4-80 1 250 IV B 2 W SV�-1- SP -1-�5 WoMpatoo, St I i -A 1 - - - B 4 N . TV-2 -T 91 1-M - aTINAIE Q 29 -5-80 POLE W N LGA6 AOF 10 BE tA►STAU D ON OLD POLE r AFTER ® MEMO" OF PO'I ER LM (BY OW?5R ci SCALE: o 20' rEBL-QR. 1ECTRIC STANDARD PLACEMENT DETAIL K.- 285' 1.5" C. 2 —OLC 1.5" C. 1 —DLC 06- _� _ .�= r t"� 47 18' '3-N -0 `l" ; -T EX AC BERM - - - - - - - - -- - - - - - - - - n - - -- - - ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ 1990 So. Bundy Dr. Fourth Floor Los Angeles California 90025 310 826 2100 The FAX 310.8260182 Nadel Partnership Inc. Architecture Planning Interiors to i1/N address 740 ' 9W cMA� ANMW city !4 WO J4 . attention zw" we are sending you: ❑ herewith ❑ tracings ❑ under separate cover ❑ prints Letter & ansmittal date �' �• �� regarding 44e "Ivov Nadel project no. via: ❑ FAX ❑ messenger ❑ ups ❑ blueprinter ❑ pick -up ❑ mail. a' ❑ specifications , I, I these are: 7ftor your approval ❑ per your request ❑ for your files ❑ for review and comment ❑ for use on job ❑ remarks If enclosures listed above are not received, notify at once. op i very truly yours, The Nadel Partnership Inc., chitects b Ii91min9 SOME- DIMENSIONS B J JC, Arm Mount Pole Top Mount A B C GBM Medium Arm Mount 21 -5/8' 15 -5/8' Lamp GBPM Medium Pole Top 21 -50 1 15-5/8-121-15/16- Luminaire GBL Large Arm Mount 126-1/8-119-1/2-1 — •• GBPL Large Pole Top 126-1/8-119-1/2-126-13/16- — Greenbriar – 12' Arm Mount Bracket (GBM) 3.52 'NOTE: 6 -arm is standard. 12' arm is optional. 'NOTE: 6' arm is standard. 14' arm is optional. GREENBRIAR — McDIUM /LARGE r: JUG 2 9 1994 LUMINAIRE EPA CHART Includes bracket. � �, Pole Top Single 090° 0180° T90° TN120° 090° Medium — Lamp Line Luminaire Greenbriar– 6' Arm Mount Bracket (GBM) — 3.30 — 6.61 — — — Greenbriar – 12' Arm Mount Bracket (GBM) 3.52 3.48 6.95 6.95 10.43 10.41 13.91 Greenbriar – Pole Top (GBPM) — — — — — — Large — 208V BRZ – Bronze Receptacle 120, 208, 240, 277V GBM – FP – Perimeter 250 Greenbriar – 6' Arm Mount Bracket (GBL) — 4.96 — 9.92 — — — Greenbriar – 14' Arm Mount Bracket (GBL) 4.79 5.19 10.39 1 10.39 15.58 1 15.45 1 20.78 Greenbriar – Pole Top (GBPL) — — — — — — GBPM – 175. 250, 400 Watt MT – Multi Tap PLT – Platinum ORDERING INFORMATION Select appropriate choice from each column to formulate order code. Refer to example below. Luminaire Lamp Line Luminaire Prefix Distribution Wattage Light Source' Lens voltage Finish Options Medium 2 – Type II 150 HPS – High Pressure Sodium CT – Contoured 120V Standard PCR" – Photoelectric Control and 3 –Type III 175 150, 250.400 Watt Tempered Glass 208V BRZ – Bronze Receptacle 120, 208, 240, 277V GBM – FP – Perimeter 250 SMV – Super Metal Halide 240V COA – Cocoa LL – Less Lamp Arm Mount Forward Throw 400 (Vertical) 400 Watt 277V VAN – Vanilla CL – Coated Lamp 5 – Type V Square MH – Metal Halide 480V BLK – Black FS – Fusing for 120V 8 277V GBPM – 175. 250, 400 Watt MT – Multi Tap PLT – Platinum (except for 1000W in 120V) Pole Top WHT – White FS1 – Fusing for 120V/1 000W 2 –Type II 400 HPS – High Pressure Sodium Architectural (Optional) FD – Double Fusing for 208V 8 240V FD1 – Double Fusing for 480V Large FP – Perimeter 750 400, 750, 1000 Watt BRD –Brick HSS – House Side Shield GBL – Forward Throw 1000 SMV – Super Metal Halide GYG –Gray Granite RPA –Round Pole Adaptor Arm Mount FA – Automotive (Vertical) 400, 1000 Watt ROG – Red Granite NO – No Options Forward Throw 5 – Type V Square MH –Metal Halide LMS – Limestone Color Decals GBPL – 400. 1000 Watt DTS – Desertslone 45 – Light Gold Pole Top MGR – Green Marble 20 – Charcoal Metallic GRN – Green 55 – Black 94 – Blue Metallic 01 –Chrome 59 – Dark Green Six -inch Arm Mount (Bolt -On Bracket) or Pole Top (Mounting Hub) 51 - Dark Red is included when ordering luminaires. 21 - Tomato Red 309– Putty 50 – White Arm Optionst 12BK – 12' Bolt -On Arm 14BK – 14' Bolt -On Arm EXAMPLE OF A TYPICAL ORDER I GBM — 5 — 400 — MH — CT —120V — BRZ — NO 'Consull faclory for Deluxe Mercury Vapor. '480V not available. 16' arm is standard on Single and 0180 configuration. When ordering a Greenbriar Luminaire in a 090 °. T90 °. TN120 °, or 090° mounting configuration, you musl order a 12' arm (12BK) on medium Greenbriar or 14' Zorn (148K) on large Greenbriar. k�,. .. , . THE GREENBRIAR SERIES - MEDIUM /LARGE Designed to be a vanguard for the '90s, there's finally a comprehensive approach to outdoor lighting. Greenbriar incorporates a high - performance vertical burn optical system into a smart, economical housing. From product development that excites the architect, to quality assurance that satisfies the electrical engineer, to long -term value for the owner. Strong in capability. Dependable without question. Unique in value. SPECIFICATIONS HOUSING Aluminum housing and top- access cover are finished to produce a clean, sharp appearance and designed to ensure weather -tight construction. Top- access cover provides ease of installation and servicing. Each fixture is UL listed for wet locations. LENS /GASKET Contoured tempered glass lens is sealed to the housing with an EPDM gasket, preventing entry of moisture and insects. DOOR FASTENERS Four captive stainless steel door fasteners secure the top-access cover to the housing. SOCKET Porcelain socket features spring - reinforced contacts for long life. LIGHT SOURCES The Greenbriar is designed to operate with any of the following lamp types: High Pressure Sodium, Super Metal Halide or Metal Halide. (C t listed for wet locations. PHOTOMETRICS 40OW High Pressure Sodium Type III Vertical Burn Distribution 3MH 2MH 1MH 0 'MEN 3MH IsmME0 2MH I V 10 M 1MH 019.6 a ®k . 2MH ENE 3MH ®®®®4MH Front MTG. HT. REFLECTORS /DISTRIBUTION PATTERNS The Greenbriar fixture is available in five reflector systems and distri- bution patterns, all with vertical burn lamps: Type II (2), Type III (3) (400 Watt only), Type V Square (5), Automotive Forward Throw (FA) (1,000 Watt only), and Perimeter Forward Throw (FP). All photo- metric data is certified by an independent testing facility. FINISHES Each Greenbriar fixture is finished with DuraGrip ®, LSI Lighting Systems' revolutionary superior baked -on polyester - powder finish- ing process to give the fixture an exceptionally attractive appear- ance. Standard finish colors avail- able for the Greenbriar are bronze, cocoa, vanilla, black, platinum and white. Optional architectural finishes include brick, gray granite, red granite, limestone, desert- stone, green marble and green. The DuraGrip polyester finish with- stands extreme weather changes without cracking or peeling. Finish is guaranteed for five full years. Lumen Rating 50,000 MH Refers to Mounting Height MTG. HT. BALLAST High -power factor ballast with removable ballast tray. High Pressure Sodium fixtures feature a type HX -HPF or an R -HPF ballast designed for -20 °F operation. Metal Halide and Super Metal Halide fixtures feature a type CWA ballast designed for -20 °F operation. BRACKETS /MOUNTING Refer to Brackets/ Poles Section for bracket ordering information. Arm Mount: 6' extruded aluminum bracket designed to match lumin- aire housing. Bracket and housing attach to square pole with through - bolts and one - piece, back -up pole nut plate (included with fixture). Round pole adaptor (RPA) required for mounting to X -5` round poles. (See Options in Ordering Information on reverse.) Six -inch arm mounts are shipped standard with single and D -180 configurations. Twelve -inch arm mounts are required for multiple configurations of medium luminaires. Fourteen -inch arm mounts are required with multiple configurations of large luminaires. Pole Top: The cast aluminum mounting hub conceals wiring compartment and mounting hard- ware (consisting of four 11/16' O.D. aluminum rods and a high - strength grade -five steel bolt with nylon insert and split lock washer for double locking). POLES Refer to Brackets/ Poles Section for pole ordering information. 1000W Super Metal Halide Type V - Square Vertical Burn Distribution 3MH 2MH H 0� ® 3MH 3MH _'� 2MH ' 1MH r 10 are ®! B e 1MH M — 2MH ® M1 3MH Lumen Rating 125,000 4MH 1:3 m MH Refers to Mounting Height Front I�9UU�} im 89"wp�°M. LSI LIGHTING SYSTEMS, A Division of LSI Industries Inc. 10000 ALLIANCE ROAD • P.O. BOX 42728 • CINCINNATI, OHIO 45242 -0728 • (513) 793 -3200 • FAX (513) 793 -0147 GREENBRIAR MEDIUM /LARGE 01993 LSI Lighting Systems Printed in U.S.A. LSI- GBM/L- 3/93 -5M i• . DORAL SERIES This precision optical unit has versatility in mind. Solid good looks. Classic, soft - sculptured lines. Finishes and options so smartly styled you'll display them proudly. These are the benchmarks of Doral. Put your best work in the limelight using any of Doral's modular reflector systems and accessories to create impact like never before. For your subtle approach to lighting or your head -on display, Doral architectural floods add an exciting new facet to multidimensional lighting. SPECIFICATIONS HOUSING One -piece die -cast aluminum in a multi - radiused rectangular shape with integral cooling ribs over the back, and .094" minimum wall thickness. Cast slip hinges with stainless steel pins. One -piece vulcanized silicone gasket between housing and door frame, concealed when fixture is closed. UL listed for wet locations. DOOR FRAME One -piece die -cast aluminum, .188" minimum wall thickness, mates with housing to create a continuous multi - radiused shape. Door frame secures to housing by two stainless steel recessed captive allen -head screws. Cast slip hinges allow removal without tools. Cable stop provided to limit door frame opening. 3/16" thick clear tempered glass lens is sealed to door frame by a one -piece vulcanized silicone gasket and four stainless steel clips. Four holes provided for attachment of Barn Door, Glare Shield and Poly - carbonate Shield options. ® listed for wet locations. DIMENSIONS CC616:1 SWIVEL T -STEM One -piece die -cast aluminum design with 3/4' pipe thread for mounting. Frictional locking system, featuring an internal silicone grommet, provides unlimited positioning. To adjust, loosen top two stainless steel recessed allen -head screws on back plate. REFLECTOR ASSEMBLIES Three reflector types available for fixture. Horizontal flood and vertical flood reflectors offered with specular Hammer Tone optical components mounted to satin ano- dized aluminum frame. Horizontal spot reflector is offered with semi - specular aluminum optical com- ponents. Reflector assembly mounts into fixture housing with four screws. HPS and MH medium base sockets are porcelain rated 4KV. All photometric data is certified by an independent testing facility. ELECTRICAL COMPONENTS Factory- mounted in housing and prewired with leads extending through silicone gasket and swivel T -stem. UL listed components with high -power factor ballasts rated for -20 °F starting. Optional photocell internally mounted with flush sensor in rear of J -box. FINISHES Housing, door frame and swivel T -stem feature baked -on polyester - powder finish. Standard finish colors available for the Doral are bronze, cocoa, vanilla, black, platinum and white. Optional architectural finishes include brick, gray granite, red granite, limestone, desertstone, green marble and green. The DuraGrip® polyester finish withstands extreme weather changes without cracking or peeling. Finish is guaranteed for five full years. BRACKETS Refer to Bracket Page inside for bracket ordering information. 1:1 lighting 59SGBIIIS,. LSI LIGHTING SYSTEMS, A Division of LSI Industries Inc. 10000 ALLIANCE ROAD • P.O. BOX 42728 • CINCINNATI, OHIO 45242 -0728 • (513) 793 -3200 • FAX (513) 793 -0147 DORAL EUN2 E JUN 2 9 Im9k. TTY OF: ILA GUihTA LAN14I G DEPPIA.TkiENT 01993 LSI Lighting Systems Printed in U.S.A. LSI -DR- 3/93 -5M' DORAL ORDERING INFORMATION Select appropriate choice from each column to formulate order code. Refer to example below. Luminaire Distribution Lamp Light Source Lens Line Luminaire Options Prefix Length Wattage Options Designation Voltage Finish DRS — Doral HF — Horizontal Flood 70 HPS — High Pressure Sodium F — Flat Clear 120V Standard JB — Junction Box Small VF — Vertical Flood 100 70, 100, 150 Watt Tempered Glass 208V BRZ — Bronze JBPC — Junction Box with NM — Tenon Mount HS — Horizontal Spot 150 MH — Metal Halide 240V COA — Cocoa Photocell' VAN — Vanilla BLK — Black PLT — Platinum 175 70. 100, 150. 175 Watt SM — Stanchion Mount 277V VAN — Vanilla BD — Barn Doors SMT — Stanchion Mount Tenon WHT — White WM — Wall Mount MT — Multi Tap BLK — Black GS — Glare Shield Architectural DV — 120V/277V PLT — Platinum PS — Polycarbonate Shield BRD — Brick WHT — White (Clear Only) GYG — Gray Granite Architectural PT — Post Top Adaptor RDG — Red Granite (Optional) TA — Thread Adaptor 1/2' DTS — Desertstone BRD — Brick (No Finish) MGR — Green Marble GYG — Gray Granite LL — Less Lamp GRN — Green ROG — Red Granite NO — No Options LMS — Limestone DTS — Desertstone MGR — Green Marble GRN — Green EXAMPLE OF A TYPICAL ORDER ' DRS — VF —100 — MH — F —120V — BLK — NO 'Photocell mounts on junction box only. BRACKET ORDERING INFORMATION Select appropriate choice from each column to formulate order code. Refer to example below. Bracket Bracket Bracket Bracket Length Options Designation Type Configuration Finish BKS — Bracket Steel DR — Doral BO — Bolt -On 24' Standard NO — No Options D180- Double BRZ — Bronze NM — Tenon Mount GOA — Cocoa D180- Double VAN — Vanilla BLK — Black PLT — Platinum BKA — Bracket Aluminum DR — Doral SM — Stanchion Mount 18' SMT — Stanchion Mount Tenon WHT — White WM — Wall Mount Architectural (Optional) BRD — Brick GYG — Gray Granite RDG — Red Granite LMS — Limestone DTS — Desertstone MGR — Green Marble GRN — Green EXAMPLE OF A TYPICAL ORDER BKS — DR — BO — 24 — BLK — NO li91IGin9 systems 44 PIC I TKAff I c G NAL� 4- H 4-- ttx fz f-7 .77 77171-1 m nA 11r, ry 000 S.F. f. 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U d Nr_LLlb ��a a 11-V— a nE.-Ka lVkr —IM C TILE BASE CEMENT PLASTER SHOP #2 MARKET SHOP #3 DRUG SHOP #1 (CALLE TAMPICO) _-N. %oamNV11 .a\ a r ■mr%iA ■ ■—■ a av■■s■v ■ SHOP #1 4 ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL AMA WORK OF THE ARCHITECT AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT COPYRIGHT, HERBERT NADEI A I A 8 PARTNERS ALL RIGHTS RESERVED I UNPUBLISHED WO — — — — E — —I — — - -- — -- — -- SHOP ## v - i i q,�� AND UNPUBLISHED WORK OF THE ARCHITECT ANU THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSEN_ �� ,,� �� r��, T urnncnr r III I i JI o nnnrwicnC A i D If' U7C D=CCDIlCn — — — -- - -- -- — - - - -- --- v® - c • t Nu I A PAR"T 2f.56 ACmrzp -70 r to i 1 j C °ti v i i u f, - MARKET, 429413 S.F. - - -- - - - -- -- - - -- - = - - -- - - -- -- - �_— 'i z `I, a . Lo RT. • ' 4 1 i a tQ' 1 �'� � 3} y m y1t '0' ..;iFQi: v.. t i`.,,, IsR "h e.' j 6 _ _ - _ .. . _ _ _ _" _ _ _ ..7 a$j'.Y• i..,.�i t J�{ ,E f� + / oHop � _ _ �", It tf -iff. ._.,. f<, f•..} i' } ,! l• / i !1 /I � ''F { a� J " _ �! 1 ✓�- i�.✓•"'`.'F+' f — f�J.t�w.im,.J:,.. �.- .- ..�.. -1, ,,!._ 1_,...% ,.,' ^' fly f ! se '_ t� 3 {r��, ....> �,,.. -,r.�t !`fir' <,✓r �. _ � �`�.._,. ``s_,.,�..._. °4�a_.�� _ 6,820 S.R r X, V5 •+ N .. z4 , ,,...r.,.M 1 :r...... 'ip jo , � f*Tt! Vg 3 '-�i r'x �y ^ii i � i i i�,"`•♦ i s' S @ 4 �j »xr ; � ? Ff ,r � Dic - � ,� °�f�+8��"�R��y + -�P ,� "• :........ ......) ., 1..,..,,, <-- ..<..,,,,..,..°,..y, .,., -.,, ._'...'.,, ,.. -..., }°.,.,,- � ° <,,a.., F .:3� � # �k �'� 11 f � � z� " "` y':,-', � <,r~....,5...._. _ �._.. —.�_ ±70 (AL L EEO;' TA h . - � 1 k T ,�.u�+�..._., « °.�.� <w,� +.,+,w.,.nr ar <s�r wrws,ww:.�w— *«,,,.,,stews «aa.:a�ra t'w ° r• =a f !� i ; � - -; t S' S , ! � , _,� ,..,,. . -, - -, +.'_.. - _ ... —. N<rs'� .,ea.n v.i .,.,q .. .. ... .. .. ... .. �.. _. ,. _ ,.. . „. , .. ,ry . 1. «., .,. ...�, y..�,. h .. .,. -..• ^M> ,» .. .r .,_ _ ...- ms,v+.wRf ..._.. ,.. _ ... - ._.-- _,.,� ---�— w/ ,L L_ - T-re. -- TRAFFIC 7w� 77 i it E _ _ 6 ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL AND UNPUBLISHED WORK OF THE ARCHITECT AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT COPYRIGHT "THE NADEL PARTNERSHIP INC " ALL RIGHTS RESERVED Lo F 1 TJ�A fIC a� It ,.. •�. ,� • R t .. ,.,, � ._... > _ xis F k4 s.z , z ...,a . ., .... .. m REVISIONS s'2,'asA fd °li TRAFFI c 5IGt4ALl r , S!7 zx�.. S`a C7 Q y tm tm v'} • F.. F�� 3TY OF LA QUINTA PLANNING OEP'ARTMENT J x DATE , J ® N ®. 90 ®37r SHEET NOW I 103 Of sheen N NOT A PART 2.56 ACRES � Ai 50.00 7 rf CV, 44 t N NOT A PART 2.56 ACRES oil I mv nil' VL 'AT�i ±250.00" ---------- LLE TAMPIL -TRAFFIC 51GWAI_ - I'll T6Aff I C 5 1 C, NAj_ IN L Il"I v low L 1 L L I I f, 4-t 1 11; T 4 -_,! I f 1 co LUr: i I 1 a t L-L 7 z 0 Lot4 Z _51CPt4 Z %QUO 3: {� D4 ui --Low 71 Lo :_1 _ig� G+ _1r 190 IBM PAD'B' MONUMENT 5600 S.F. , A 0 0 EFLOCTIOW . 0 0 0 SF. 0 o mowumaWr ISIGN <bow Bt STOP TRAFFIc, SIGNAL- pd � � 'y�� Ai 50.00 7 CV, 44 t Oo ; oil I mv nil' VL 'AT�i ±250.00" ---------- LLE TAMPIL -TRAFFIC 51GWAI_ - I'll T6Aff I C 5 1 C, NAj_ IN L Il"I v low L 1 L L I I f, 4-t 1 11; T 4 -_,! I f 1 co LUr: i I 1 a t L-L 7 z 0 Lot4 Z _51CPt4 Z %QUO 3: {� D4 ui --Low 71 Lo :_1 _ig� G+ _1r 190 IBM PAD'B' MONUMENT 5600 S.F. , A 0 0 EFLOCTIOW . 0 0 0 SF. 0 o mowumaWr ISIGN <bow Bt STOP TRAFFIc, SIGNAL- pd � � 'y�� Ai 50.00 7 CV, 49MA 61v ..... ---- --- DAT9 Joe -Na SHEET ways=!iiiiliiii' Me MNwVAvmmWM;iiI ill VW A414", R ALPHS FUTURE EXPANSION SMP #2 29400 S,Fm CA pl-V I t® 8II Z° - doom% I Iz r. c A PLAZA t4�:keA O .0 LOA01I4 Q 21! %s r i 0 LOW WALL - 130 1 a lqo 4W TRAFFIC SIGNAL M'j I Oli (�83 19,91 f SHOP #2 f Ss■ cr��c ciwee.�v��■ err- •aareo MARKET SHOP #1 (CALLE TAMPIC ®) &— J! 1 10 1-11 W n CEMENT PLASTER 1 vvwwv a nL;L.I -I%l vvm9-l- P wujla 1 hi11V SHOP #3 1 DRUG 1%0 m9-%9 u IN-&- ■ IS& -r-kn �WI�E9 SHOP #4 - -- - - - - - - —__.__ -.- - , - - .,.c,YUroc of i of G�fTC PF4,PPV fl a'�H ®P #1 SHOP G I REVISIONS _ C m C a m a 00 I a I (� m 0 cm m - - m m® 0 m� LL 44 a� z D Im® 1L DATE 2 �� JOB NO. q® of sheet i'\\\*"'� "M 4-4 XTERIOR -,C MARKET SHOP if 8`7 01- AND UNPUBLISHED WORK OF THE ARCHITECT AND THE SAME MAY NOT BE DUPLICATED, USED OR DISCLOSED WITHOUT THE WRITTEN COfISENT OF THE ARCHITECT COPYRIGHT HERBERT NADEL A IA & PARTNERS ALL RIGHTS RESERVED Al I r)PAWlKl('q ANn WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGI i - -- ---- - -- - -- ---- -- ---- - -- - - -- --- - - APPROVED BY: . . . . . . . . . . RIVERSIDE, CALIF'ol,.-',NIA 92507 (714)682-3362 FAX (710)682-6756 -- DATE: NO. REVISIONS I ADATE A M NA�UEMIPI LA 10 U'l N'FA 100 150 feet Q? i4, k SCALE: VF 11 EHE,110c,-,�,a. Alf---) MT- SHT. 0 R W.0. (j i ALTAIACSM SURVEY From a survey b!v Xelth Internatiot,tal, Dated 8130/00 AREA OF PARCELS ITHRU 6 ....................................... 383,760 S.F. AREA OF EXISTING U.'"DINGS — .................................... 67,005 S.F. PROPOSED BUILDING AREA ........... ............................... 5,839 S.F. HARDSCAPE: (WALKIMAYS, PARKONG, DRIVEWAYS) APPROXIMATE EXISTING AREAS .......... ......... . -, . - 266,757 S.F. PROPOSED NEW AREA, - . .............................. 1,889 S.F. (BUILDING AREAS[EXISTING +PROPOSED] ............. 72,844 S.F. (TOTAL COVERED AREA r ............. I ....................... 324,084 S.F.) TOTAL PROPOSE0 HARDSCAPE AREA ..................... 268,646 S.F. LANDSCAPE: EXISTING AREA (INCLUDING TURF AREA AT PROPOSED NEW BUILDING)... ...... 61,432 S.F. LESS TURF AREA AT 0EW BUILDING....... -7,342 S.F. PLUS PROPOSED NEW AREA ..... __ .......................... _ 386 S.F. TOTAL PROPOSED LANDSCAPE ............................... 54,476 S.F. STANDARD CARS ( 9'X 20 & 8.5 X 18 ) ..................... 439 CARS ACCESSIBLE SPACES ... ........................................... 18 CARS TOTAL EXISTING CSI PARCELS I THRU 6 ................... 457 CARS PROPOSED NEW PARKING: STANDARD CARS (9'X 2.0'& 8.5 X 18) .......... _.__ ....... 440 CARS ACCESSIBLE CAR SPAC 7- (9'X 18'+ 5' ACCESS) ............ 16 ACCESSIBLE VAN SPACl-"f 9'X 18'+ 8' ACCESS) .............. 2 GRAND TOTAL PROPC8"ED PARKING ON PARCELS 1 THRU 6 ......... ...... 458 CARS 01 l4e'Li I 0�r �j q 111 =s SCALE 1" = 40'-0" E MAY I 0 bW E,4 < < tw LLJ n Z a it / I I � - m ND Eq | l------� | --------__ | ----- ' | --------__-___ TRADH ------- ------ ______�_-______________�___`_______-�_____ V.V. 71EX|STkNG ! L____L__ --- J____�____�____L____L___ | � ' | / . | | | / | / w .~ | -~ .=c'j� | (W AREA OF PAjRCEL6 ~..~.~.~..~...~~.~...~.~~...~~.......~~.~....~..~~~. 32,706 &F. SUITE A ......................................................... .-1.196.5S.F. SUITEB .................................... ........................ 3/592S.F. SUITEC ............ .......... .................................. 'g5Q5S.F HARDSCAPE: (WALKWAYS, PARKING, DRIVEWAYS) EXISTING AREAS ...... ............................................ 17,4O60iF. PROPOSED NEW AREA .......................................... i.889 S.F. (BUILDING AREA) .................................................... 5,83BS.F. COVERED AREA ....................................... 23134S.F.\ TOTAL PROPOSED E AREA ... .................. 19.295 S.F. EXISTING AREA (INCLUDING TURF AREA OF PROPOSED NEW BUILDING) .......... 5`D0OS.F. TOTAL PROPOSED LAN ................................ 7,958 S.F. ' STANDARD CARS (g/X2O) ........... ......................... ... 23CARS COMPACT CARS (8.5'X10') .......................................... 5 STANDARD CARS (9'X 20) ......... — ....................... ........ 28CARS ACCESSIBLE CAR SPACE (SrXi8'+ ACCESS) .................. 1 ACCESSIBLE \A4N SPACE (9'X10'+8'ACCESG) ............... i Note that acomiblm car parking spaces currently exist Within that row ofparking facing Washington Street. Those 2spaces along with their5'vvide access aisle and the other 8compact spaces, become 7 standard spaces. Rim OEM ika ry ry ry III Cl- w WALL MOUNTED 'CAN' SIGNS NORTH 1!0" ° 1' -0 II v l$-01,14- 1 N%-11,4 I Wt k" I t✓ MATCH EXISTING WILDING ACROSS PARKING COURT NO �r F v SSA ;3. d• V c b' d ``yy Q �4 V, eQ C) IP eQ PA •V rq ME �q Mme M'3 A m .F.4 bK c)qqyy 7 U bK � Q pp� 40d �r F v SSA ;3. d• kO kO b' d ``yy �4 V, eQ C) IP eQ PA •V rq K �q sd M'3 m .F.4 bK c)qqyy bK pp� 40d ry L.Li cy C3 U e 4 6/^1_ a - M cd < pit U rn r o a_ 04 Z U 0 �r F v SSA ;3. d• b' d ``yy �4 V, gam,, } ' W C) IP PA •V rq K �q M'3 m .F.4 bK c)qqyy bK pp� 40d ry L.Li cy C3 U e 4 6/^1_ a - M cd �r F v SSA co q� 2a b VL ``yy gam,, } ' W IP PA is m .F.4 r0 V pp� 40d ry L.Li 0(y' 4 6/^1_ a - cd �r F v SSA U MANSARD ROOF: CLAY TILE ROOFING TO EXACTLY MATCH EXISTING COLOR AND LAYOUT f it iy � ,' ;, I 'i f• ? ;' '� i r. ' _ __ i; i `i ` +_ j '- -!', -+ ^:i-- '- ;•;^..�. v�-. - _�- ,-�.r_ - _ .._',�.�, - �-r•. -� -r- �. � •, i i i 1; a '4 r I; ,• _.. _ If 'i li i i i i' 1 i� `I if I . / l i f I '! � I I' 1• f 1. � , �I i. _ / i I It T , --: :--- _ �. _.1.__. _ _. .:r Lu MINERAL SURFACED CAP 5HEET /5UILT —UP CC MPO ROOFING 4 PACKAGED A.C. UNITS ON PLATFORMS MAX. {ITT. 4' -0" L... J -.. . - - -- - -- - - -- - -- -- - -- I ,i l� 1• i ' „ , I' , ' I I, ' .I 1 1.. _ I 1/8 11 1 1 -0 11 CLAY TILE MANSARD ROCF TO MATCH OTHER BUILDINGS 1/011 m 1 1 Q of 11 T4f, 3-11 Y .s,3 1fil m, Ile6,n TYPICAL CLAY TILE MANSARD ROOF: TO MATCH OTHER BUILDINGS IN $HOPPING CENTER MINERAL OU ,ACED COME -1 % ROOF AC, PACKAGED UNITS VENTED ,ATTIC SPACE WOOD ROOF TRU55ES SUSPENDED TEE -5AR CLG. EXPOSED WOOD RAFTERS m >ANP SHEATHING 6 ENVY -� COLONNADE TO MATCH EX6TING BUILDINGS 4" CONC. SLAB ON GRADE 1/011 ® 1 I -011 ; •. � 6A 9 m ® � V4 `tea✓ r � W � T © c W W � 0 a4 ho E- ce S-J e� Ld r m n- o cm ; •. � 6A 9 m ® � V4 `tea✓ V' > © c 0 a4 ho E- 0 E e� n- o to � ss L E Z o To m ; •. � 6A 9 m ® � V4 `tea✓ V' > 0 a4 ho •. ho E- e� n- o 0 1 EXISTING DATE PALIMS7 M- SM -- o --------------------------------------------- "gym o 31-10-mim 02633 WILSON ASSOCIATES Landscape Architecture 11262 Warmington St. Riverside, CA 92503 (909) 353-2436 b02 V4 U I < c- C) o c,F) 0 (J-) CN Co IV( JI Co 04 < 0) < C) 0 0 0 C- > 0 Q) C) ry < < -0 P-4 z < V4 > F-4 W-4 < -0 P-4 z < j Cr n - . P-4 z 0 ly- n -4