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PP 1991-457
STATE OF CALIFORNIA -THE RESOURCES AGENCY DEPApTMENT OF FISH AND GAMES 5924 ENVIRONMENTAL XMENT APPLICATION FILING FEE � t f . CASH RECEIPT Lead Agency: Z., Date: —.2 County/Seacq: Document No. /Y7 Project Title: P gj(—AIS7 &L A - / Project Applicant: U7 42Ad.,9 CHECK APPLICABLE FEES: ( ) Environmental Impact Report $850.00 $ ( ) Negative Declaration $1,250.00 $ ( ) Application Fee Water Diversion (Water Resources Control Board Only) $850.00 $ ( ) Projects Subject to Certified Regulatory Programs (DFG & CDF only) $850.00 $ NA County Administrative Fee $25.00 $ -2,5- rProject that requires fee, not paid (enter amount due) $ YA Project that is exempt from fees TOTAL RECEIVED $ Signature of person receivingpayment FIRST COPY - PROJECT APPLICANT SECOND COPY- DFG /CEAB THIRD COPY -LEAD AGENCY FOURTH COPY - COUNTY J Notice of Determination TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of Riverside P. 0. Box 431 Riverside, CA 92502 From: (Public Agency) Appe"x H CITY OF LA WRM P. 0. Box 1504 La Quinta, CA 92253 ) Subject: Filing of Notice of Determination In compliance with Section 21108 or 21152 of.the Public Resources Code. f �+ &h Ott -44-7 kA a - Ja1i S Caul `3Mir n P:o;act Title State Clearinghouse Number 1_cad Agency Area Code(Telephone/Extension (If submiaed to Clearinghouse) Contact Person Project Description: 10,DO0 7- ✓Y.� h 4-4, y, b -� 'L U!. This is to advise that the has approved the above descn'bed project on —t— t- � p "min Ago► --J t and has made the following determinations regarding the above descnbcd project: 1. The project CQwm not) have a signif cant eBea on the environment. 2. u An. En iro,-imer,W Ir�pa:t Repon was prepared for this project pursuant to the provisions of C'EQA. aA Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures (were Qwere not) made a condition of the approval of the project. 4. A statement of Overriding Considerations CQwu not) adopted for this project. S. Findings.[Mkvem []were not) made pursuant to the provisions of CEQA. 'this is to certify that the final EIR with comments and responses and record of project approval is available to the General Pubtc at G 7n 0-� Lis Qao!�bG , -75- 1 OS C416 � � (-a Q u b2dm A RzL2s3 (Public COUNTY CLERK AUG -2 1991 Date received for filing at OPR: WILLIAM E. �q�NEq Y COUPITY CLER County ivy �e S California By�- COUNTY CLERK Date POSTED AUG - 2 1991 Removed: a E P By: Dept. County of Rivarsida ftte of Calwomia Title Revised October 1989 ':��ii$�.Nt'1'r. -:F� r.ni'�,k:rf3idiK";*1S ^ tY'• ;� �'C.'��r"r 1' �'�__� .. _ ....o. _ . ._.,.._ .<..._. _ _ -ski �:: ;',�� +i'.J 1't ?' : �` ,- �i�i'73'e'� St. rlitis'J�: .r CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minim's Impact Finding Project Title /Location (include County) : Plot Plan 91 -457; J. Paul Smith, 44100 Monterey Avenue, Suite 216, Palm Desert CA 92260. Southeast corner of Highway 1.11 and Adams Street (future) in City of La Quinta,, County of Riverside. Project Description: 10,000 square foot dance night club & future building with parking for 191 spaces on 4.5 acres. Findings of Exemption (attach as necessary) An initial study has been conducted on the subject property. As a result, a Negative Declaration of Environmental Impact has been adopted. Based upon the initial study the City of La Quinta has determined that there is no evidence that the proposed project will have an adverse affect on wildlife resources or the Habitat. Furthermore, there are no water channelsor other water features on or near the site. TThe p icoan wil Ray a Fr'ngg -toed Lizard.Miti ation fee in conjunction with the Coacie� a V aley ringe -Toe Lizard conversion program. CERTIFICATION: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. 4%2%-44-,. Jg5aw- . Chief Planning Official Title: Principal Planner Lead Agency: City of La Quinta Date: July 29, 1991 Section 711.4, Fish and Game Code DFG :12/90 COUNTY CLERK CEQA3(a /91 fp O d 9 n FORM. 007 AUG -2 1991 WILLIAM E. COME COUNTY 'I:RK County ers- form,- By COUNW CLERK Pft9 D0dMftVWt0 DzMm*m&n Fi !gig Iw P.R.C. 249552 POSTED AUG - 2 1 ranaml: SE Y 3 19 County of FVVMkft' SUZ of CAOMIM .,,,, ,. . .,. : i t rat �: ,r .i�G�a�.- -- _._�. -- - --- - --- r.i ?ii:i'it�t�farw ��d c:fnr�, ,':dwily; -� �}; : ° ��, �: ,�, y OFFICE OF COUNTY CLERK AND RECORDER WILLIAM E. CONERLY COUNTY CLERK A RECORDER JAMES E. BRIDGES ASSISTANT COUNTI' CLERK ♦ RECORDER C ADMINISTRATION 4080 Lwnon S~ P.O. Box 751 fi. r .de, CA 92502 -0751 (71417751900 ❑ RECORDEE DIVISION Ha.uld C. 6eab, Ch•rl L"wly Fern de ❑ COUNTY CEERR DIVISION R.owd K. Hawo.th, CMeI Dtwry County Ck+k SE? 12 1991 TO WHO IT MAY CONCERN: C" / T 4 *1 Itq, ❑ INDIO BRANCH OFFICE Thowwx D. WYa4 Ch.d L*Pwv County C" 45116 Lowunercr SlrteL Suitt 1 Indio, CA 92202 (619) 775.2490 Refer Replii' To: Office Indicated 4 . '*oMI N 14 As required by CEQA, Section 21152 (c) of the Public resources Code, we are returning the enclosed document(s). Please note that this (these) document(s) have been posted in our office for a minimum of 30 days. For your information, we will maintain a record of this posting. Sincerely WILL -AY E. CONERLY, County Clerk E1 _R rder i C� By Deputy CEQA -RTN (1/91) THE TERRACE CLUB AT LA QUINTA a desert resort amenity la quinta, california July 29, 1991 Stan B. Sawa Principal Planner Planning & Development Department The City of La Quinta 78 -105 Calle Estado La Quinta, Ca 92253 Re: PLOT PLAN 91 -457 RIVERSIDE COUNTY FEE FOR FILING AN EXEMPTION TO THE NOTICE OF DETERMINATION FISH & GAME FEE Dear Stan, JUG. '-� 0 10X1 CITY Ur Ltj quINTA 'LANNING & DEVELGPUNT DEP1. As we discussed by telephone today, enclosed please find a check in the amount of $25.00 made payable to the County of Riverside. I understand that this will be used to file for an exemption from the $1250 Fish & Game Fee that is levied when filing a Notice of Determination. Thanks for your help in this matter. Sincerely, J. Paul Smith 44 -100 monterey ave. suite 216, palm desert, california 92260 office: (619) 568 -0879; fax: (619) 568 -9339 o 1A 1_q O 1- n r C � � z n � r•J —I A O Z R7 co J S> D 7n Q z gym-+ c� rs a o r m r r, 3> i M �t7 — t•J 7j �J1 1'J PJ lA 111 O O O © Q O O O r O 44 -100 monterey ave. suite 216, palm desert, california 92260 office: (619) 568 -0879; fax: (619) 568 -9339 u June 30, 1992 Jerry Herman Planning & Development Director City of La Quinta 78 -105 Calle Estado La Quinta, CA 92253 Re: PLOT PLAN 91 -457 REQUEST FOR A ONE YEAR EXTENSION Dear Jerry, \� ��,�� ,fir ,�•.'l l�''.• ` J U L 0 CIYY ©F LA QUIN TA PLANNING DEPARTMENT 005182 CASH igTOTAL -10 -42 75.00 In accordance with our telephone discussion earlier this month, this letter is to formally request a one year extension of the approvals granted on the subject plot plan by the La Quinta City Council on July 16, 1991. I understand the fee for such a request is $75.00, and accordingly, a check in that amount (# 6420) is enclosed herein. I will be out of town from July 3 to July 12, but if there is anything I need to do to further this request during that period, a message can be left with my parents in Rancho Santa Fe, California, at telephone # (619) 756 -3213. A message at that number will reach me quickly. Outside of the dates just listed, I can be reached via the undersigned references. Thank you very much for your help in this matter. Sircai�l •, -_ __ J. Paul Smith -i S D enclosure -c 0 C 1 44 -800 SANTA YNEZ, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 568 -0879 TELECOPIER (619) 568 -9840 C) D c � n o r•� z :> -i G7 O t•+• t 7 C7 z r .p M. M t.7 -O MM M. o r M r7 r •� :> H � d c0 C I � H z kn I'A kA O O O O O O O O H 1 44 -800 SANTA YNEZ, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 568 -0879 TELECOPIER (619) 568 -9840 ' 2S THE TERRACE CLUB AT LA QUINTA a desert resort amenity la quinta, California May 30, 1991 MAY 3 1 19u CR V Ua- LA yUbGv'1TA Jerry Herman PLANNING & DEVELOPMENT DEPT. Director of Planning and Development The City of La Quinta 78 -105 Calle.Estado La Quinta, Ca 92253 Re: Plot Plan 91 -457 La Quinta Dance Nightclub Dear Mr. Herman, This correspondence is to formally request an appeal to the decision rendered by the La Quinta Planning Commission public meeting held Tuesday May 28, 1991. Enclosed is a check for $25.00 which I understand to be the appropriate "appeal fee ". Also, as we discussed in our informal meeting held the day of May 28, I further request that if at all possible, the Planning Department Staff be prepared for the possibility of a reverse decision by the City Council, and have available at the appeal meeting, all of the conditions that you feel would be appropriate to recommend for conditional approval of the project. This would save me a minimum of two very critical weeks of waiting time in the event that The Council is prepared to approve the project. If you have any questions or comments regarding the above, please don't hesitate to contact me directly. Thank you for your attention to this matter. Sinc , ).7 J. Paul Smith i0�S PAU 't9TA� 11:) 1-.91 z: 44 -100 monterey ave. suite 216, palm desert, california 92260 office: (619) 568 -0879; fax: (619) 568 -9339 'W", CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title /Location (include County) : Plot Plan 91 -457; J. Paul Smith, 44100 Monterey Avenue, Suite 216, Palm Desert CA 92260. Southeast corner of Highway 111 and Adams Street (future) in City of La Quinta, County of Riverside. Project Description: 10,000 square foot dance night club & future building with parking for 191 spaces on 4.5 acres. Findings of Exemption (attach as necessary) An initial study has been conducted on the subject property. As a result, a Negative Declaration of Environmental Impact has been adopted. Based upon the initial study the City of La Quinta has determined that there is no evidence that the proposed project will have an adverse affect on wildlife resources or the Habitat. Furthermore, there are no water channelsor other water features on or near the site. CoachelJacVallwilFrpngeaTor�nCe -toVconversiontpgogran fee in conjunction with the CERTIFICATION: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. A%5;f "4,tt. d54W-At _ Chief Planning Official Title: Principal Planner Lead Agency: City of La Quinta . Date: July 29, 1991 Section 711.4, Fish and Game Code DFG:12 /90 CEQA3(a /91) FORM. 007 R J. PAUL SMITH KATHRYN M. SMITH 44-800 SANTA YNEZ 568.0879 PALM DESERT, CA 92260 Z2-1 X971 PAY TO THE ORDER OF ,/1� E $ Y W tK ✓� GREAT SYE RN BANK [M A FEDERAL SAVINGS BANK 72705 STATE HIGHWAY III PA! M DESERT. CA 92260 FOR S.-1- •/L/N4 1: 3 2 2 2 700 391: 5980 11' 13 5 r 800 20 II' 5980 90-700313222 i- Il II � O r coo City Council Minutes 9 July 16, 1991 a. GENERAL PLAN AMENDMENT 90 -031 - FROM LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL ON 21 ACRES AND FROM SPECIAL COMMERCIAL TO LOW DENSITY RESIDENTIAL ON 15 ACRES. b. CHANGE OF ZONE 90 -056 - FROM R -1, A -1 -10 AND C -P -S TO R -2 AND C -P -S. C. SPECIFIC PLAN 90 -016 - FOR A PROPOSED RESIDENTIAL AND GOLF COURSE COMMUNITY INCORPORATING A COMMERCIAL SITE WITH APPROXIMATELY 320,000 SQUARE FEET OF COMMERCIAL SPACE. MOTION - It was moved by Council Members Bohnenberger/ Rushworth to continue the Applications by Landmark Land Co. until September 3, 1991. Motion carried unanimously. MINUTE ORDER NO. 91 -116. 1. CONTINUED PUBLIC HEARING ON PLOT PLAN 91 -457 - APPEAL OF PLANNING COMMISSION DENIAL TO ALLOW CONSTRUCTION AND OPERATION OF A 10,000 SQ. FT. DANCE NIGHTCLUB AND FUTURE BUILDING IN C- P-S (SCENIC HIGHWAY COMMERCIAL) ZONE ON A 4.5 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET (EXTENDED). APPLICANT: J. PAUL SMITH. Mr. Herman briefly reviewed staff's report which is on file in the City Clerk's office. PAUL SMITH, 44 -800 Santa Ynez, Palm Desert, addressed Council requesting time to speak at the end of the Public Hearing. Council concurred. PUBLIC HEARING OPEN The following individuals spoke in favor of the project: MARK SKOCHIL, 78 -595 Bottlebrush, RUSSELL LUCE, 52 -770 Avenida Navarro BRAD LANG DALE, 55 -427 Wingfoot West GEORGE SANCHEZ, 52 -445 Avenida Velasco The following individual spoke opposing the project: CHRIS CLARK, Owner of 130 acres between Adams & Dune Palms, advised that she served on the City's General Plan Committee in 1984 in which it was recommended that development along Highway 111 be done in a rational and orderly manner - not like what has transpired in other Valley cities. At that time, development was limited to a minimum of 25 -acre sites. She felt this project looks good, but it needs to be a part of a larger development and not stand alone. PUBLIC HEARING CLOSED �- City Council.Minutes 10 July 16, 1991 Mr. Smith addressed Council stating that he would like to comment on the conditions of approval and noted that the City has received a show of support in the form of a petition containing over 500 signatures. He advised that he is not a large land -owner and therefore, has no flexibility in the manner described by Ms. Clark. He then addressed the conditions and made various recommended modifications. In response to Council Member Franklin, Mr. Smith advised that the maximum capacity will be 625 - 675. The break -even point nightly will have to be about 200 on an average. It has been proposed that the restaurant they plan to bring will not operate with late- evening entertainment and therefore, there will be only a short overlap in time of operation regarding the availability of parking. The option on the property will expire at the end of August. The Health Department requirements for serving catered food has not been researched. The curb -to -curb service would be available if a person were intoxicated, which would be up to the discretion of the manager or Deputy Sheriff. He added that food service will be available all evening. In further response to, Council Member Bohnenberger, Mr. Smith displayed a drawing of the nightclub and explained the elevation on the Highway 111 side. Council Member Franklin stated that she would like to see the future pad planted in a wildflower mix and requested a copy of an operating budget. In response to Council Member Franklin, Mr. Smith advised that the nightclub will be approximately 1,000 feet from the nearest Lake La Quinta resident. The nightclub will offer different types of entertainment to different age groups. He then reviewed the safety program. Council Member Franklin felt that Condition No. 8 -is unreasonable and that it should be deleted. Mayor Pena suggested a condition stating that the landscaping and public improvements be installed first. In reference to Condition No. 20 he asked that careful access be planned so that this project can be blended into future development and not always appear to be.sitting alone. Mayor Pena referred to Condition No. 21 .expressing concern that trash enclosures not be visible. Council Member Sniff suggested that "trash enclosures shall not be visually intrusive" be added to Condition No. 21. In response to Mayor Pena, Mrs. Honeywell advised that Condition No. 26 could be broadened to assure public safety. Council Member Sniff suggested adding "and /or appropriate City approved Agency ". 7-1 w j City Council Minutes 11 July 16, 1991 In response to Mayor Pena, Mr. Smith advised that he has not operated a club such as this, but has worked in several clubs such as this one as a manager. Council Member Sniff advised that he is in general support of the project and the modifications and conditions. Council Member Rushworth advised that he believes the project is a little premature. He would prefer to see as part of a larger development. In response to Council Member Rushworth, Mr. Smith advised that the nightclub will not be operational until September, 1992 and when Indian Wells chose to remove all commercial development on both sides of Highway 111, that immediately put pressure on La Quinta to be the next major corridor for commercial development. He felt that it's very evident that it will not be sitting in the middle of "nowhere ". It is in the path of substantial developments. In response to Council Member Bohnenberger, Mr. Smith advised that the backers of this project are prepared to carry the project until it is successful. Mr. Smith commented that the fact that this nightclub will be the first building on Highway 111 will give it more exposure. There is no competition for businesses such as this nightclub in the Valley. Council Member Bohnenberger voiced some of Council Member Rushworth,'s concerns, in that this may not be the proper place or time for this project. Council Member Sniff advised that this business will be people dependent, not dependent on buildings around it and if it's a well -run business, it will be successful. Mayor Pena expressed a concern about the landscaping being maintained in perpetuity. In response to Mayor Pena, Mr. Herman suggested the following modifications to the conditions: Condition No. 4 - Eliminate "at no cost to the patron ". Condition No. 8 - Eliminated Condition No. 10 - Add installation of perimeter landscaping first and require wildflowers to be.planted on undeveloped pad. Condition No. 20 - Require maintenance of the landscaping and post bonds to assure maintenance. Condition No. 21 - Add "trash enclosures shall not be visually intrusive ". Condition No. 24 - Eliminated Condition No. 25 - Add "unless otherwise approved by City Council ". L City Council Minutes Condition No. 26 0 12 July 16, 1991 - Add "and /or appropriate City approved Agency ". Condition No. 40 - Add "Applicant /Owner shall be responsible for the maintenance of the perimeter ". Condition No. 48A - Delete "and Highway 111 Specific Plan ". In response to Mayor Pena, Mrs. Honeywell advised that normally a Conditional Use Permit remains in force as long as the use is not changed. If Mr. Smith should sell and a new owner wanted to do something slightly different they would have to come back in and get a revision. In response to Mayor Pena, Mr. Smith advised that he agrees to the additions /deletions /changes to the conditions. MOTION - It was moved by Council Members Sniff /Franklin that the Council uphold the appeal of Mr. J. Paul Smith and approve Plot Plan 91 -457 and the negative declaration of environmental impact to allow the construction of a 10,000 sq. ft. nightclub and future building, subject to the modified conditions. Motion carried with Council Members Bohnenberger and Rushworth voting NO. MINUTE ORDER NO. 91 -117. 2. CONTINUED.PUBLIC HEARING'ON SPECIFIC PLAN 87 -011, AMENDMENT #1 AND VESTING TENTATIVE TRACT MAP 27031 TO ALLOW .A MIXED USE DEVELOPMENT CONSISTING OF A MIX OF RETAIL, OFFICE, COMMERCIAL SERVICE, ENTERTAINMENT AND RESTAURANTS AND CREATION OF 47 LOTS ON 65.4 ACRES BOUNDED BY HIGHWAY 111; ADAMS; 47TH AVENUE; WASHINGTON; AND SIMON DR. AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. APPLICANT: BIRTCHE (WASHINGTON SQUARE). Mr. Herman presented staff report and advised that he is available for questions. LEE REDMAN, representing. the applicant, addressed Council advising that they are requesting approval of an amendment to their Specific Plan for an eight lot vesting Tentative Map. He reviewed a revision of the internal circulation plan which is part of the Specific Plan as figure 5 -1, which shows the various points of ingress and egress and major entry points. Two major entry points have been noted on Avenue 47. A revision is requested to Condition 11 relative to the Washington Street signal with some alternative language, that deals with certain findings needed for the signalized intersection to be allowed. These findings are to reduce traffic along critical movements at Washington Street intersections at Highway 111 or Avenue 47 or to facilitate Sunline moving their bus transfer from their Washington /Highway 111 intersection or to secure an anchor tenant within the project site who desires access to Washington. These findings would also be subject to making a finding that adequate stacking distances are available for vehicles waiting to make left turns from Washington onto C071ICTEMEETING DATE: JULY 16, 1991 AGENDA CATEGORY: CONTINUED FROM JUNE 18, 1991 ITEM TITLE: PUBLIC HEARING: APPEAL OF PLANNING COMMISSION ACTION ON PLOT PLAN 91 -457 AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 10,000 SQUARE FOOT DANCE NIGHTCLUB AND FUTURE BUILDING IN THE C -P -S ZONE LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET (EXTENDED) APPLICANT: J. PAUL SMITH BACKGROUND: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: This appeal of a Planning Commission denial of a plot plan request was considered as a public hearing at your previous meeting of June 18, 1991. The item was continued after considerable public input and City Council discussion. Council instructed Staff to draft a list of potential Conditions of Approval for the project. FISCAL IMPLICATION: None APPROVED BY: RECOMMENDATION: By Minute Motion 91- deny appeal and support denial taken by Planning Commission. Submitted by: Approved for submission to City Council: CC#4 /16.F1 RON KIEDROWSKI, CITY MANAGER 4 44awo MEMORANDUM HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL PLANNING & DEVELOPMENT DEPARTMENT JULY 16, 1991, CONTINUED FROM JUNE 18, 1991 APPEAL OF PLANNING COMMISSION ACTION ON PLOT PLAN 91 -457 AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 10,000 SQUARE FOOT DANCE NIGHTCLUB AND FUTURE BUILDING LOCATION: APPLICANT: BACKGROUND: SOUTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET ( EXTENDED) C -P -S J. PAUL SMITH This appeal of a Planning Commission denial of a plot plan was originally heard at your meeting of June 18, 1991. At that hearing a number of people spoke regarding the proposed project. The majority of the people who spoke were in favor of the project. The City Council after an extensive discussion of the project continued the request to this meeting, and instructed Staff to draft a list of conditions which could be imposed should the project is approved. Also attached is a list of potential Conditions of Approval should the project be approved. Also attached is the previous City Council Staff report and minutes from the meeting of June 18, 1991. RECOMMENDATION: By Minute Motion 91- deny appeal and support denial by the Planning Commission. Attachments: 1. Council report for the meeting of June 18, 1991 2. City Council Minutes for the meeting of June 18, 1991. 3. Draft Conditions of Approval for Plot Plan 91 -457 MEMOSS.039 City Council Minutes 12 June 18, 1991 MOT oved by Council Members Sniff /Rushworth to add usiness Session Item No. 12 - Approval of Memorandum of UW,derstanding with the La Quinta Employees Association for 1991/92. Mo 'on carried unanimously. MINUTE ORDER NO. 91 -102. RECEA UNTIL 7:00 P.M. PRESENTNION OF LA QUINTA BEAUTIFUL AWARDS FOR MAY MOST BEAUL: Mr. & Mrs. David Caygill, 54 -985 Tecate MOST IMPROV : Mr. & Mrs. Ignacio & Monica Valencia, 77 -175 Durango PUBLIC HEARINGS PLOT PLAN 91 -457 - APPEAL OF PLANNING COMMISSION DENIAL TO ALLOW CONSTRUCTION AND OPERATION OF A 10,000 SQ. FT. DANCE NIGHTCLUB AND FUTURE BUILDING IN C -P -S- (SCENIC HIGHWAY COMMERCIAL) ZONE ON A 4.5 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY Ill AND ADAMS STREET (EXTENDED) . APPLICANT: J. PAUL SMITH. STAN SAWA, Principal Planner, presented staff report and advised that the Planning Commission has recommended denial of Plot Plan 91 -457 by unanimous vote and the applicant has appealed that decision. The proposal is for a 10,000 sq. ft. nightclub on a 4.5 acre site (map displayed) located at the southeast corner of Highway 111 and Adams Street. He described the architecture as a contemporary style structure. The applicant has submitted an extensive report package which describes the proposed uses. The facility is described as an upscale dance nightclub and the applicant anticipates that it would be utilized by the Community for charitable events, private /social /political functions. In addition to the nightclub portion, there will be a large dance floor and bar. The Planning Commission reviewed a number of items in their deliberation, such as correspondence from the Riverside County Sheriff's Department, sufficiency of the proposed food service, potential future use of the building, marketability of the project, potential criminal activities and conformance with the General Plan and proposed Highway 111 Specific Plan. The Design Review Board reviewed the project with regards to the building architecture and landscaping and recommended approval. The Planning Commission denied this project based on the findings as listed in the staff's report. Mr. Sawa advised that if the Council wishes to support the action of the Planning Commission, there is one additional finding they may wish to include, which is a determination that there are already a sufficient number of similar uses in the City to service the Community. These uses are located in hotels or shopping centers or other larger complexes, which the City feels is more desirable. N City Council Minutes 13 June 18, 1991 The applicant has submitted to Council the letter of appeal which describes in detail the reason he is appealing this decision. Since the Planning Commission's action, the City has received letters from the La Quinta Chamber of Commerce and Julie Rogers supporting the project. J. PAUL SMITH, Applicant, advised that there are four main issues at the base of the Planning Commission action as follows: 1) the compatibility of the proposed use in relation to uses currently .allowed under Governing Law; 2) the marketability of the project as it is currently proposed; 3) the safety and security of the community as a result of this operation; and 4) the food plan and how it plays a role in relation to serving alcoholic beverages. He stated that steps can be taken to assure the City that the market does exist and that their food plan is appropriate and that this development will not impose a risk on the community substantial enough to forbid its' existence. He advised that there is nothing he can do about the size of the parcel, which is 4.5 acres. An option for a joint venture with neighboring parcels does not exist. However, as the parcels around him develop, this parcel would become a part of the larger project. If City Council is in agreement with the Planning Commission in that parcels under 20 acres are not allowed to be developed and would be inconsistent with policy framework established for the development of the Specific Plan on Highway 111, then there is no reason to go forward with this project. He believed that the safety and security program has been addressed properly noting that it has been approved by the Riverside County Sheriff's Department; so their concerns have been mitigated. This project would create in excess of 53 jobs and would set a standard for construction and landscape design in the area and will have no impact on the circulation of traffic on Highway 111. PUBLIC HEARING OPEN The following individuals spoke in favor of the project: MARK SCOTSHELL, 78 -595 Bottlebrush MIKE WILLIAMS, 46 -441 Roadrunner Lane JOHN ELLIE, 52 -805 Mendoza JOHN OWENS, 50 -965 Calle Paloma JIM JACKSON, 52 -855 Avenida Diaz JOHN CUMMINGS, 78-670 Avenida La Torres KATHY OWENS, 50 -965 Calle Paloma BRAD LAGDALE, 55 -427 Wingsfoot West TONY HARVEY, 78 -675 Sagebrush HERB PACHMAN, 48 -250 Calle Florista JAIME ARBRUSTER, 51 -850 Avenida Morales GEORGE SANCHEZ, 52 -445 Avenida Velasco SANDRA HILL, 52 -915 Eisenhower DENISE BROADHEAD, 53 -395 Avenida Bermudas DAVID JONES, 555 -403 Riviera Drive JOHN PARDUNE, 52 -080 Avenida Alvarado N N City Council Minutes 14 ANY VAIL, 52 -880 Avenida Mendoza June 18, 1991 JACK ABELS, P. 0. Box 1416, addressed Council asking that this item be deferred until a full Council is in attendance. Mayor Pena advised that the Council Members who are not present have requested that this item be continued. Council Member Sniff felt that Mr. Smith is entitled to a decision promptly. BILL STORM, Wilma Pacific, addressed Council and advised that Wilma Pacific is developing 281 lots on Adams and 47th Avenue directly across the street from the proposed project and they oppose the project. PAUL SMITH stated that he agrees with Mr. Abels that this project should be addressed by all five Council Members, but advised that the land costs are a significant amount and expressed concern at waiting for all five members to be present. He also stated that he understands the concerns of Wilma Pacific, but advised that the building will be 1,000 feet from any homes and the sound will not be a factor. A sound study is a condition of approval and will be performed. PUBLIC HEARING CLOSED Mr. Kiedrowski advised that he spoke to Council Member Franklin before the meeting and indicated that she may not be back until August and would like to participate in the discussion. Mayor Pena advised that Council Member Bohnenberger also indicated a desire to take part in this issue as it is a significant project along Highway 111. Council Member Sniff advised that he supports business and business activities, which the City wants and needs. He was not sure that any of the findings are substantive enough to vote against the project. He asked how much evidence a person needs to provide to prove that a project is going to be successful. It seems there are a number of people present who are in support of this project. La Quinta needs businesses and diversity. He advised that the specific plan is non- existent. The concerns of Wilma Pacific regarding the noise that would be generated can be addressed. The City is still in the formation stage and needs diversity. He could not see where this project would in any significant way, be harmful or detrimental to the City of La Quinta and /or its' residents. In response to Council Member Rushworth, Mr. Smith advised that Captain Doyle's original opinion was not based upon a total understanding of the project. With a complete review and planned security, he no longer opposes it. alk City Council Minutes 15 June 18, 1991 In response to Council Member Rushworth, Mr. Smith advised that the operating plan currently reflects an "in season" $15 charge at the door and commonly an average drink price of about $4 and a private membership entry /seating fee would adjust to $10 "in season" and $5 in the "off season ". An annual membership fee of $1,000 is also planned. Council Member Rushworth commented that he would hope that this could be continued until the other Council Members are present. Mayor Pena advised that he agrees with some of the comments of Council Member Sniff in that this Council is not here to make a market analysis. Council is here to make a business decision and what fits best in the City. Although the project is very nice., he added that he has problems with the way it is situated, but those things may be able to be worked on. Maybe for that reason alone, we could sit down and generate some comments from staff, and the applicant and further commented that Council Member Franklin felt very strongly about speaking on this subject as well as Council Member Bohnenberger. Ms. Honeywell advised that she had some concerns about continuing this matter until September and added that she would prefer a date sooner. She felt that if there is a feeling that Council may wish to approve the project, they may want to either return it to staff or Planning Commission to prepare some conditions of approval. Up to this point all the recommendations relate to denial of the project. Regarding a continuance, from a legal perspective it should be continued for only another two meetings with more information to come. Council Member Sniff advised that he would like to see this decided and would support a two -week continuance. Mayor Pena advised that he agrees with Council Member Sniff, but feels there are a few things staff needs to look at and the other Council Members felt strongly about making comments on this project. Mrs. Honeywell advised that it could go back to staff and the absent Council Member could submit her comments and have it put into record as public comment. Council Member Sniff stated that in the interest of compromise, he would be willing to continue it to the second meeting in July, but no longer and would not support sending it back to the Planning Commission. The staff can work with the applicant and hopefully make some modifications to gain support for this project. Mayor Pena concurred with not sending it back to the Planning Commission. City Council Minutes 16 June 18, 1991 Mr. Kiedrowski advised that staff would need to prepare the normal conditions of approval. If the applicant will execute a contract with the Sheriff's Department to provide off -duty Officers, then that contract should be prepared and brought forward. MOTION - It was moved by Council Members Sniff /Rushworth to continue the hearing on Plot Plan 91 -457 until July 16, 1991, and further, that materials which have been indicated, and staff feels appropriate be developed during the interim period. Motion carried unanimously. MINUTE ORDER NO. 91 -103. 2. OF. 20 ACRES LOCATED WEST OF XONROE APPROXIMATELY 1/2 MILES SOUTH OF 54TH AVENUE INTO 14 NGLE FAMILY LOTS EACH 1.25+ ACRES IN SIZE. APPLICANT: 0 LICO DEVELOPMENT. Mr. wa presented staff's report advising that the request is for s division of 20 acres into 14 custom single family lots. Twelve f the lots would be 1.25 acres in size and two would be 1.31 acres in size. The circulation element indicates developm t of one cul -de -sac. It would contain private streets w h a carded vehicular gate. This project is located within -Ann xation No. 5. The Planning Commission reviewed this reque at their. meeting of May 28th, and recommended approval wi conditions. During the hearing, two nearby property own s spoke expressing concern about being able to continue keep g the horses they currently stable. The City has received letter from Mrs. Dorothy Pepper, which is attached to st f report, indicating she is in favor of a lower density pr ject and is concerned about losing the real character of the eighborhood. In response to May r Pena, Mr. Sawa advised that basically, me Sunline's require is are for a pull -out and a bus shelter. However, Sunline do not currently serve the area and the Commission felt that inc this is a relatively small project there would be other opportunities and other locations to locate a bus shelter. a also advised that it is anticipated that this would eventu ly be part of the bike path and are being required to insta an 8 -foot sidewalk. In response to Mayor Pen Mr. Sawa advised that there is a possibility for some sor of bonding mechanism that would allow the City to defer the sidewalk requirement until development on both sides h ve occurred. Mr. Sawa clarified that the applicant is not intending to allow horses on this pro. Mr. Kiedrowski advised that if lCouncil indicates their desire to have the sidewalk deferred d secured with bonding, that condition will be modified. DRAFT CONDITIONS OF APPROVAL 1 CONDITIONS OF APPROVAL - FINAL PLOT PLAN 91 -457 J. PAUL SMITH JULY 16, 1991 * Amended by City Council 7 -16 -91 GENERAL CONDITIONS OF APPROVAL: The development of the property shall be generally in conformance with the exhibits contained in the file for Plot Plan 91 -457, unless otherwise amended by the following conditions. 2. The approved plot plan shall be used within one year of the final approval date. Otherwise it shall become null and void and of no affect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not included grading which is begun within the one year period and is thereafter diligently pursued until completion. 3. Exterior lighting for the project- shall comply with the "Dark Sky Ordinance" lighting ordinance. Lighting plans shall be approved by the Planning and Development Department prior to issuance of building permits. All exterior lighting including buildign lighting shall be provided with shielding to screen glare from adjacent streets and residential properties to the satisfaction of the Planning and Development Department. Parking lot light standards shall be a maximum 30 feet in height. *4. Nightclub shall be operated as proposed in "The City Planning and Council committees work /study package ", on file in the Planning and Development Department. Any deviations of operation determined to be minor may be approved by the Planning Commission. Any major deviations or changes in operation shall only be allowed if approved by the City Council. This includes the "curb to curb ride service". 5. Comprehensive sign program for the facility shall be approved by the Design Review Board and Planning Commission. prior to issuance of a building permit 6. 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. At a minimum, the plan shall: (1) identify the means for digging test pits; and (2) provide for further testing if the preliminary results show significant material 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. CONAPRVL.014 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 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 diver, redirect, or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation, or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recovery, the Developer shall cause three copies of the final report containing the data analyses to be prepared and published and submitted to the Planning and Development Department. 7. Prior to issuance of a building permit for construction of building contemplated by this approval, the Applicant shall obtain permits and or clearances from the following agencies: o City Fire Marshal o Caltrans 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 and Safety Department at the time of application for a building permit for the use contemplated herewith. Deleted * 8- - - -�'� �ippiicair� sYrei} - pre�aic}e - wit�iri- �� �rig�rte}nl°r a -ft�H- eemmereiei -kits. -lien f�reiiit -y- €er- prepara�io�r bf - €ood �v- i'e-ge�� eel -irr fa�ikt�r- 9. Provisions shall be made to comply with terms and requirements of the City's adopted infrastructure fee program in effect at the time of issuance of a building permit. 10. Preliminary and final landscaping plans shall be reviewed and approved by the Design Review Board prior to issuance of a building permit. Desert or native plant species or drought resistent planting material shall be incorporated into the landscape plans. Emitter or drip irrigation (excluding spaghetti tubing) shall be incorporated into irrigation system design wherever possible. CONAPRVL.014 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 All tree sizes shall be a minimum of 24 inch box size or 2 -1/2 inch caliber (measured 24 inches above root ball) and all Palm Trees shall be a minimum 12 feet in height (brown trunk) . The plans submitted shall include the acceptance stamps and signatures from the Riverside County Agricultural office and Coachella Valley Water District. Short decorative screen walls shall be provided along Adams Street and Highway 111 unless the Applicant can assure the Planning and Development Department that adequate berming will be provided to screen the parking lot surface area from view of the streets. 11. Handicapped access, facilities, and parking shall be provided per State and local requirements. Future building shall be reviewed by the Design Review Board, Planning Commission, and City Council in a manner which is the same as the original plot plan approval. 12. 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 erosion and dust control. The land owner shall institute blowsand and dust control measures during grading and site development. These shall include but not be limited to: A . The use of irrigation during any construction activities; B . Planting of cover crops or vegetation upon 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 Directors of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily during construction to prevent the emission of dust and blowsand . 13. Prior to issuance of any land disturbance permit, the Applicant shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat Conservation Program, as adopted by the City, in the amount of $600 per acre of disturbed land. 14. A noise study shall be prepared by a qualified acoustical engineer and submitted to the Planning and Development Department for review and approval prior to submission of building plans for plan check or issuance of grading plans, whichever comes first. The study shall include on site noise created within the building to ensure that noise impacts to adjacent properties the adjacent properties will not be created. Exterior doors shall not be left in an "open" position during hours of operation. 15. Prior to the 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 and mitigation measures of PP 91 -457 and EA 91 -191 which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the CONAPRVL.014 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval and mitigation measures of EA 91 -191 and PP 91 -457 which must be satisfied prior to the issuance of a building permit. Prior to final building inspection, the applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with all remaining conditions of approval and mitigation measures of EA 91 -191 and PP 91 -457. The Planning and Development Director may require inspection or other monitoring to assure such compliance. 16. Parking lot striping plan, including directional arrows, stop signs, no parking areas, parking spaces shall be approved by the Planning and Development Department and Engineering Department prior to issuance of a building permit. 17. Self parking area as shown on submitted exhibit shall be provided and accessible to patrons at all times at no cost. 18. End parking spaces shall be 11 feet wide as required by Municipal Code. 19. Two -way driving aisles that also used for back up shall be 26 feet wide as required by Municipal Code. 20. The Applicant shall reserve an area for vehicular access to the properties to the south and east as needed when those properties develop. Determination as to location shall be determined by the City. The Applicant shall provide, prior to issuance of a building permit, a bond in an amount sufficient to ensure that a maximum two future accesses to the east and south are provided and constructed by the Applicant /operator, as required by the City. An easement to allow vehicular cross access between the subject property and properties to the east and south shall be recorded when it is determined that cross access is necessary, to the satisfaction of the City. *21. Trash enclosures shall be large enough to accommodate two standard size trash bins as required by Waste Management of the Desert and placed in a location which is visually screened from view. 22. Food service shall be made available to all patrons throughout the evening during hours of operation. 23. Applicant shall obtain permit from City Manager as required by Municipal Code Chapter 5.12 (Dances), prior . to issuance of a building permit. Hours of operation shall be in compliance with Chapter 5.12 (Dances) . This Chapter does not permit operation of a public dance hall between the hours of 2:00 A.M. and 8:00 A.M. CONAPRVL.014 4 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 Deleted *24--- if- - berming--eiid -shim- bery- 4a- not - adequate -to- green -p&r'k`irrg, -a-rew -from Tffid -A d amg f teems ; -a -Alort- screen wal} -.S if -be -provided d tv- the satisfaeticx� �f =tlte �it-y- *25. All dancing and /or club activities shall be conducted indoors, unless otherwise approved by City Council. *26. Prior to club opening, operator shall enter into an agreement with the Sheriff's Department to provide extra duty police personnel on a permanent contractural basis. The number of personnel to be determined by the Sheriff's Department or other City approved agency. FIRE MARSHAL'S CONDITIONS: 27. Provide or show there exists a water system capable of delivering 3000 gpm for a three hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 28. 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 . The required fire flow shall be available from any adjacent hydrant (s) in the system. 29. Prior to issuance of a 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". 30. One way lanes shall be a minimum 16 feet wide. 31. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 32. 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. 33. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contract certified extinguisher company for proper placement of equipment. CONAPRVL.014 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 34. Comply with Title 19 of the California Administrative Code. 34. Install Panic Hardware and Exit signs as per Chapter 33 of the Uniform Building Code. 35. Certain designated areas will be required to be maintained as fire lanes. ENGINEERING DEPARTMENT CONDITIONS: 36. 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. Highway 111 - per Caltrans requirements; probably 80 foot half width; B . Adams Street - Primary Arterial, 55 foot half width plus slope easement if needed; 37. The Applicant shall vacate vehicle access rights to Highway 111 and Adams Street from the site except as specifically provided in these Conditions of Approval. 38. 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. Highway 111 - no access shall be permitted. B. Adams Street - 310 feet or more south of the south curb line of Highway 111, the driveway width shall be as approved by the City Engineer with turning movements limited to right turn in and out only. 39. The Applicant shall provide a fully improved landscaped setback lot of noted width adjacent to the following street right -of- way(s) : A. Highway 111 - 50 feet wide B. Adams Street - 20 feet wide No slope in the landscaped lot shall be steeper than 6:1. 40. The Applicant /owner shall be responsible for the maintenance and continued upkeep of the landscape setback lot and parkway area adjacent to the roadway along the segments of Highway 111 and Adams Street that are contiguous to the site boundary. 41. Landscape and irrigation plans for the landscaped lot(s)shall be prepared in conformance with requirements of the Planning Director, and City Engineer, and approved by same officials prior to construction. 42. 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 CONAPRVL.014 6 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 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. 43. 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. 44. 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 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. 45. 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, or piped to the Whitewater Channel. - 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. 46. 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 square feet of landscaping. 47. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with the grading plan. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and /or 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. CONAPRVL.014 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 48. 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 (LQMC) and adopted Standard Drawings, the City Engineer and Caltrans where applicable 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 tract boundaries and join the widened section to the unwidened street section. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: A. Highway 111 (Adams Street centerline to easterly site boundary) - Install half -width highway improvements per Caltrans requirements and La Quinta General Plan. B. Adams Street (Highway 111 centerline to Avenue 47 centerline) - The Applicant is responsible for the cost and installation of one -half of the Primary Arterial improvements (110' right of way option) refer to La Quinta General Plan Figure VII -2. A street configuration that provides two -way traffic and aligns with the pavement to the north of Highway 111, and reasonably anticipates and conforms to the future ultimate General Plan improvements, may be approved by the City Engineer in lieu of the traditional one -half of everything on one side of the centerline. The Applicant shall provide 100% of the initial cost participation as needed to complete the interim facility and may seek reimbursement when the land on the southwest corner of Highway 111 and Adams Street is developed, for costs in excess of 50% and of the combined total cost to construct the interim and ultimate improvements. 49. The Applicant shall participate in the cost, noted as follows, of designing and installing traffic signals at the following locations: A . Highway 111 at Adams Street, 100% initial participation if needed, subject to 75 o reimbursement from the City when the northwest corner is developed. 50. The Applicant shall construct a meandering sidewalk in the parkway and landscaped setback lot along Highway 111 (8 -foot wide) and Adams Street (6 -foot wide). CONAPRVL.014 8 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 51. The Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. 52. 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. 53. 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. 54. 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. 55. 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 has historically received flow for those occasions when a storm greater than the 100 -year 24 -hour event occurs. 56. 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 is undertaken and accomplished by the City. 57. The Applicant shall design and construct the parking lot in accordance with the L. Q. M. C. Off - Street Parking ordinance . 58. Applicant shall install traffic signal at Highway 111 at Adams Street prior to opening the intersection for traffic. All traffic on Adams Street shall obtain access via Avenue 47 until the traffic signal at Highway 111 and Adams Street is installed. PUBLIC UTILITIES: 59. All conditions of Caltrans shall be met. 60. All conditions of Sunline Transit shall be met. 61. All conditions of Coachella Valley Water District shall be met. CONAPRVL.014 CONDITIONS OF APPROVAL - RECOMMENDED PLOT PLAN 91 -457 J. PAUL SMITH JULY 16, 1991 GENERAL CONDITIONS OF APPROVAL: 1. The. development of the property shall be generally in conformance with the exhibits contained in the file for Plot Plan 91 -457, unless otherwise amended by the following conditions. 2. The approved plot plan shall be used within one year of the final approval date. Otherwise it shall become null and void and of no affect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not included grading which is begun within the one year period and is thereafter diligently pursued until completion. 3. Exterior lighting for the project shall comply with the "Dark Sky Ordinance" lighting ordinance. Lighting plans shall be approved by the Planning and Development Department prior to issuance of building permits. All exterior lighting including buildign lighting shall be provided with shielding to screen glare from adjacent streets and residential properties to the satisfaction of the Planning and Development Department. Parking lot light standards shall be a maximum 30 feet in height. 4. Nightclub shall be operated as proposed in "The City Planning and Council committees work /study package ", on file in the Planning and Development Department. Any deviations of operation determined to be minor may be approved by the Planning Commission. Any major deviations or changes in operation shall only be allowed if approved by the City Council. This includes the "curb to curb ride service" at no cost to the patron. 5. Comprehensive sign program for the facility shall be approved by the Design Review Board and Planning Commission prior to issuance of a building permit. 6. 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. At a minimum, the plan shall: (1) identify the means for digging test pits; and (2) provide for further testing if the preliminary results show significant material 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. CONAPRVL.014 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 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 diver, redirect, or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation, or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recovery, the Developer shall cause three copies of the final report containing the data analyses to be prepared and published and submitted to the Planning and Development Department. 7. Prior to issuance of a building permit for construction of building contemplated by this approval, the Applicant shall obtain permits and or clearances from the following agencies: o City Fire Marshal o Caltrans 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 and Safety Department at the time of application for a building permit for the use contemplated herewith. 8. The Applicant shall provide within the nightclub a full commercial kitchen facility for preparation of food to be served in facility. 9. Provisions shall be made to comply with terms and requirements of the City's adopted infrastructure fee program in effect at the time of issuance of a building permit. 10. Preliminary and final landscaping plans shall be reviewed and approved by the Design Review Board prior to issuance of a building permit. Desert or native plant species or drought resistent planting material shall be incorporated into the landscape plans. Emitter or drip irrigation (excluding spaghetti tubing) shall be incorporated into irrigation system design wherever possible. All tree sizes shall be a minimum of 24 inch box size or 2-1/2 inch caliber (measured 24 inches above root ball) and all Palm Trees shall be a minimum 12 CONAPRVL.014 2 CONDITIONS OF APPROVAL PP 91 -457 July 16, 1991 feet in height (brown trunk) . The plans submitted shall include the acceptance stamps and signatures from the Riverside County Agricultural office and Coachella Valley Water District. Short decorative screen walls shall be provided along Adams Street and Highway 111 unless the Applicant can assure the Planning and Development Department that adequate berming will be provided to screen the parking lot surface area from view of the streets. 11. Handicapped access, facilities; and parking shall be provided per State and local requirements. Future building shall be reviewed by the Design Review Board, Planning Commission, and City Council in a manner which is the same as the original plot plan approval. 12. 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 erosion and dust control. The land owner shall institute blowsand and dust control measures during grading and site development. These shall include but not be limited to: A. The use of irrigation during any construction activities; B. Planting of cover crops or vegetation upon 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 Directors of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily during construction to prevent the emission of dust and blowsand . 13. Prior to issuance of any land disturbance permit, the Applicant shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat Conservation Program, as adopted by the City, in the amount of $600 per acre of disturbed land. 14. A noise study shall be prepared by a qualified acoustical engineer and submitted to the Planning and Development Department for review and approval prior to submission of building plans for plan check or issuance of grading plans, whichever comes first. The study shall include on site noise created within the building to ensure that noise impacts to adjacent properties the adjacent properties will not be created. Exterior doors shall not be left in an "open" position during hours of operation. 15. Prior to the 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 and mitigation measures of PP 91 -457 and EA 91 -191 which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of CONAPRVL.014 3 CONDITIONS OF APPROVAL - PP 91 =457 July 16, 1991 approval and mitigation measures of EA 91 -191 and PP 91 -457 which must be satisfied prior to the issuance of a building permit. Prior to final building inspection, the applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with all remaining conditions of approval and mitigation measures of EA 91 -191 and PP 91 -457. The Planning and Development Director may require inspection or other monitoring to assure such compliance. 16. Parking lot striping plan, including directional arrows, stop signs, no parking areas, parking spaces shall be approved by the Planning and Development Department and Engineering Department prior to issuance of a building permit. 17. Self parking area as shown on submitted exhibit shall be provided and accessible to patrons at all times at no cost. 18. End parking spaces shall be 11 feet wide as required by Municipal Code . 19. Two -way driving aisles that also used for back up shall be 26 feet wide as required by Municipal Code. 20. The Applicant shall reserve an area for vehicular access to the properties to the south and east as needed when those properties develop. Determination as to location shall be determined by the City. The Applicant shall provide, prior to issuance of a building permit, a bond in an amount sufficient to ensure that a maximum two future accesses to the east and west are provided and constructed by the Applicant /operator, as required by the City. An easement to allow vehicular cross access between the subject property and properties to the east and south shall be recorded when it is determined that cross access is necessary, to the satisfaction of the City. 21. Trash enclosures shall be large enough to accommodate two standard size trash bins as required by Waste Management of the Desert. 22. Food service shall be made available to all patrons throughout the evening during hours of operation. 23. Applicant shall obtain permit from City Manager as required by Municipal Code Chapter 5.12 (Dances), prior to issuance of a building permit. Hours of operation shall be in compliance with Chapter 5.12 (Dances) . This Chapter does not permit operation of a public dance hall between the hours of 2:00 A.M. and 8:00 A.M. 24. If berming and shrubbery is not adequate to screen parking area from Highway 111 and Adams Street, a short screen wall shall be provided to the satisfaction of the City. 25. All dancing and /or club activities shall be conducted indoors. CONAPRVL.014 4 L, , 1 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 26. Prior to club opening, operator shall enter into an agreement with the Sheriff's Department to provide extra duty police personnel on a permanent contractural basis. The number of personnel to be determined by the Sheriff's Department. FIRE MARSHAL'S CONDITIONS: 27. Provide or show there exists a water system capable of delivering 3000 gpm for a three hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 28. A combination of on -site and off -site Super fire hydrants, on a looped system (6" X 4" X 2-1/2" X 2-1/211), will be located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways . The required fire flow shall be available from any adjacent hydrant(s) in the system. 29. Prior to issuance of a 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". 30. One way lanes shall be a minimum 16 feet wide. 31. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 32. 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. 33. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contract certified extinguisher company for proper placement of equipment. 34. Comply with Title 19 of the California Administrative Code. 34. Install Panic Hardware and Exit signs as per Chapter 33 of the Uniform Building Code. 35. Certain designated areas will be required to be maintained as fire lanes. CONAPRVL.014 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 ENGINEERING DEPARTMENT CONDITIONS: 36. 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. Highway 111 - per Caltrans requirements; probably 80 foot half width; B . Adams Street - Primary Arterial, 55 foot half width plus slope easement if needed; 37. The Applicant shall vacate vehicle access rights to Highway 111 and Adams Street from the site except as specifically provided in these Conditions of Approval. 38. 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. Highway 111 - no access shall be permitted. B. Adams Street - 310 feet or more south of the south curb line of Highway 111, the driveway width shall be as approved by the City Engineer with turning movements limited to right turn in and out only. 39. The Applicant shall provide a fully improved landscaped setback lot of noted width adjacent to the following street right -of- way(s) : A. Highway 111 - 50 feet wide B . Adams Street - 20 feet wide No slope in the landscaped lot shall be steeper than 6:1. 40. The Applicant shall be responsible for a 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. 41. Landscape and irrigation plans for the landscaped lot(s)shall be prepared in conformance with requirements of the Planning Director, and City Engineer, and approved by same officials prior to construction. 42. 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. CONAPRVL.014 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 43. 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. 44. 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 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. 45. 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, or piped to the Whitewater Channel. 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. 46. 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 square feet of landscaping. 47. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with the grading plan. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and /or 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. 48. 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 (LQMC) and adopted Standard Drawings, the City Engineer and Caltrans where applicable and shall include all appurtenant components required by same, except mid -block street lighting, such as but not limited to traffic signs and CONAPRVL.014 7 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 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 tract boundaries and join the widened section to the unwidened street section. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: A. Highway 111 (Adams Street centerline to easterly site boundary) - Install half -width highway improvements per Caltrans requirements and La Quinta General Plan, and Highway 111 Specific Plan. B . Adams Street ( Highway 111 centerline to Avenue 47 centerline) - The Applicant is responsible for the cost and installation of one -half of the Primary Arterial improvements (110' right of way option) refer to La Quinta General Plan Figure VII -2. A street configuration that provides two -way traffic and aligns with the pavement to the north of Highway 111, and reasonably anticipates and conforms to the future ultimate General Plan improvements, may be approved by the City Engineer in lieu of the traditional one -half of everything on one side of the centerline. The Applicant shall provide 100% of the initial cost participation as needed to complete the interim facility and may seek reimbursement when the land on the southwest corner of Highway 111 and Adams Street is developed, for costs in excess of 50% and of the combined total cost to construct the interim and ultimate improvements. 49. The Applicant shall participate in the cost, noted as follows, of designing and installing traffic signals at the following locations: A. Highway 111 at Adams Street, 100% initial participation if needed, subject to 75% reimbursement from the City when the northwest corner is developed. 50. The Applicant shall construct a meandering sidewalk in the parkway and landscaped setback lot along Highway 111 (8 -foot wide) and Adams Street (6 -foot wide) . 51. The Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. 52. 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.014 8 fv .i _ C � CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 53. 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. 54. 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. 55. 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 has historically received flow for those occasions when a storm greater than the 100 -year 24 -hour event occurs. 56. 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 is undertaken and accomplished by the City. 57. The Applicant shall design and construct the parking lot in accordance with the L. Q. M. C. Off - Street Parking ordinance. 58. Applicant shall install traffic signal at Highway 111 at Adams Street prior to opening the intersection for traffic. All traffic on Adams Street shall obtain access via Avenue 47 until the traffic signal at Highway 111 and Adams Street is installed. PUBLIC UTILITIES: 59. All conditions of Caltrans shall be met. 60. All conditions of Sunline Transit shall be met. 61. All conditions of Coachella Valley Water District shall be met. CONAPRVL.014 9 -4 City Council Minutes 12 June. 18, 1991 MOTION - It was moved by Council Members Sniff /Rushworth to add Business Session Item No. 12 - Approval of Memorandum of Understanding with the La Quinta Employees Association for 1991/92. Motion carried unanimously. MINUTE ORDER NO. 91 -102. RECESS UNTIL 7:00 P.M. PRESENTATION OF LA QUINTA BEAUTIFUL AWARDS FOR MAY MOST BEAUTIFUL: Mr. & Mrs. David Caygill, 54 -985 Tecate MOST IMPROVED: Mr. & Mrs. Ignacio & Monica Valencia, 77 -175 Durango PUBLIC HEARINGS 1. PLOT PLAN 91 -457 - APPEAL OF PLANNING COMMISSION DENIAL TO ALLOW CONSTRUCTION AND OPERATION OF A 10,000 SQ. FT. DANCE NIGHTCLUB AND FUTURE BUILDING IN C -P -S- (SCENIC HIGHWAY COMMERCIAL) ZONE ON A 4.5 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET (EXTENDED) . APPLICANT: J. PAUL SMITH. STAN SAWA, Principal Planner, presented staff report and advised that the Planning Commission has recommended denial of Plot Plan 91 -457 by unanimous vote and the applicant has appealed that decision. The proposal is for a 10,000 sq. ft. nightclub on a 4.5 acre site (map displayed) located at the southeast corner of Highway 111 and Adams Street. He described the architecture as a contemporary style structure. The applicant has submitted an extensive report package which describes the proposed uses. The facility is described as an upscale dance nightclub and the applicant anticipates that it would be utilized by the Community for charitable events, private /social /political functions. In addition to the nightclub portion, there will be a large dance floor and bar. The Planning Commission reviewed a number of items in their deliberation, such as correspondence from the Riverside County Sheriff's Department, sufficiency of the proposed food service, potential future use of the building, marketability of the project, potential criminal activities and conformance with the General Plan and proposed Highway 111 Specific Plan. The Design Review Board reviewed the project with regards to the building architecture and landscaping and recommended approval. The Planning Commission denied this project based on the findings as listed in the staff's report. Mr. Sawa advised that if the Council wishes to support the action of the Planning Commission, there is one additional finding they may wish to include, which is a determination that there are already a sufficient number of similar uses in the City to service the Community. These uses are located in hotels or shopping centers or other larger complexes, which the City feels is more desirable. 41 City Council Minutes 13 June 18, 1991 The applicant has submitted to Council the letter of appeal which describes in detail the reason he is appealing this decision. Since the Planning Commission's action, the City has received letters from the La Quinta Chamber of Commerce and Julie Rogers supporting the project. J. PAUL SMITH, Applicant, advised that there are four main issues at the base of the Planning Commission action as follows: 1) the compatibility of the proposed use in relation to uses currently allowed under Governing Law; 2) the marketability of the project as it is currently proposed; 3) the safety and security of the community as a result of this operation; and 4) the food plan and how it plays a role in relation to serving alcoholic beverages. He stated that steps can be taken to assure the City that the market does exist and that their food plan is appropriate and that this development will not impose a risk on the community substantial enough to forbid its' existence. He advised that there is nothing he can do about the size of the parcel, which is 4.5 acres. An option for a joint venture with neighboring parcels does not exist. However, as the parcels around him develop, this parcel would become a part of the larger project. If City Council is in agreement with the Planning Commission in that parcels under 20 acres are not allowed to be developed and would be inconsistent with policy framework established for the development of the Specific Plan on Highway 111, then there is no reason to go forward with this project. He believed that the safety and security program has been addressed properly noting that it has been approved by the Riverside County Sheriff's Department, so their concerns have been mitigated. This project would create in excess of 53 jobs and would set a standard for construction and landscape design in the area and will have no impact on the circulation of traffic on Highway 111. PUBLIC HEARING OPEN The following individuals spoke in favor of the project: MARK SCOTSHELL, 78 -595 Bottlebrush MIKE WILLIAMS, 46-441 Roadrunner Lane JOHN ELLIE, 52 -805 Mendoza JOHN OWENS, 50 -965 Calle Paloma JIM JACKSON, 52 -855 Avenida Diaz JOHN CUMMINGS, 78 -670 Avenida La Torres KATHY OWENS, 50 -965 Calle Paloma BRAD LAGDALE, 55 -427 Wingsfoot West TONY HARVEY, 78 -675 Sagebrush HERB PACHMAN, 48 -250 Calle Florista JAIME ARBRUSTER, 51 -850 Avenida Morales GEORGE SANCHEZ, 52 -445 Avenida Velasco SANDRA HILL, 52 -915 Eisenhower DENISE BROADHEAD, 53 -395 Avenida Bermudas DAVID JONES, 555 -403 Riviera Drive JOHN PARDUNE, 52 -080 Avenida Alvarado City Council Minutes 14 June 18, 1991 ANY VAIL, 52 -880 Avenida Mendoza JACK ABELS, P. 0. Box 1416, addressed Council asking that this item be deferred until a full Council is in attendance. Mayor Pena advised that the Council Members who are not present have requested that this item be continued. Council Member Sniff felt that Mr. Smith is entitled to a decision promptly. BILL STORM, Wilma Pacific, addressed Council and advised that Wilma Pacific is developing 281 lots on Adams and 47th Avenue directly across the street from the proposed project and they oppose the project. PAUL SMITH stated that he agrees with Mr. Abels that this project should be addressed by all five Council Members, but advised that the land costs are a significant amount and expressed concern at waiting for all five members to be present. He also stated that he understands the concerns of Wilma Pacific, but advised that the building will be 1,000 feet from any homes and the sound will not be a factor. A sound study is a condition of approval and will be performed. PUBLIC HEARING CLOSED Mr. Kiedrowski advised that he spoke to Council Member Franklin before the meeting and indicated that she may not be back until August and would like to participate in the discussion. Mayor Pena advised that Council Member Bohnenberger also indicated a desire to take part in this issue as it is a significant project along Highway 111. Council Member Sniff advised that he supports business and business activities, which the City wants and needs. He was not sure that any of the findings are substantive enough to vote against the project. He asked how much evidence a person needs to provide to prove that a project is going to be successful. It seems there are a number of people present who are in support of this project. La Quints needs businesses and diversity. He advised that the specific plan is non- existent. The concerns of Wilma Pacific regarding the noise that would be generated can be addressed. The City is still in the formation stage and needs diversity. He could not see where this project would in any significant way, be harmful or detrimental to the City of La Quinta and /or its' residents. In response to Council Member Rushworth, Mr. Smith advised that Captain Doyle's original opinion was not based upon a total understanding of the project. With a complete review and planned security, he no longer opposes it. City Council Minutes 15 June 18, 1991 In response to Council Member Rushworth, Mr. Smith advised that the operating plan currently reflects an "in season" $15 charge at the door and commonly an average drink price of about $4 and a private membership entry /seating fee would adjust to $10 "in season" and $5 in the "off season ". An annual membership fee of $1,000 is also planned. Council Member Rushworth commented that he would hope that this could be continued until the other Council Members are present. Mayor Pena advised that he agrees with some of the comments of Council Member Sniff in that this Council is not here to make a market analysis. Council is here to make a business decision and what fits best in the City. Although the project is very nice, he added that he has problems with the way it is situated, but those things may be able to be worked on. Maybe for that reason alone, we could sit down and generate some comments from staff, and the applicant and further commented that Council Member Franklin felt very strongly about speaking on this subject as well. as Council Member Bohnenberger. Ms. Honeywell advised that she had some concerns about continuing this matter until September and added that she would prefer a date sooner. She felt that if there is a feeling that Council may wish to approve the project, they may want to either return it to staff or Planning Commission to prepare some conditions of approval. Up to this point all the recommendations relate to denial of the project. Regarding a continuance, from a legal perspective it should be continued for only another two meetings with more information to come. Council Member Sniff advised that he would like to see this decided and would support a two -week continuance. Mayor Pena advised that he agrees with Council Member Sniff, but feels there are a few things staff needs to look at and the other Council Members felt strongly about making comments on this project. Mrs. Honeywell advised that it could go back to staff and the absent Council Member could submit her comments and have it put into record as public comment. Council Member Sniff stated that in the interest of compromise, he would be willing to continue it to the second meeting in July, but no longer and would not support sending it back to the Planning Commission. The staff can work with the applicant and hopefully make some modifications to gain support for this project. Mayor Pena concurred with not sending it back to the Planning Commission. 0 City Council Minutes 16 June 18, 1991 Mr. Kiedrowski advised that staff would need to prepare the .normal conditions of approval. If the applicant will execute a contract with the Sheriff's Department to provide off -duty Officers, then that contract should be prepared and brought forward. MOTION - It was moved by Council Members Sniff /Rushworth to continue the hearing on Plot Plan 91 -457 until July 16, 1991 and further, that materials which have been indicated, and staff feels appropriate be developed during the interim period. Motion carried unanimously. MINUTE ORDER NO. 91 -103. 2. TENTATIVE TRACT 26769 - DIVISION OF 20 ACRES LOCATED WEST OF MONROE APPROXIMATELY 1/2 MILES SOUTH OF 54TH AVENUE INTO 14 SINGLE FAMILY LOTS EACH 1.25+ ACRES IN SIZE. APPLICANT: QUALICO DEVELOPMENT. Mr. Sawa presented staff's report advising that the request is for subdivision of 20 acres into 14 custom single family lots. Twelve of the lots would be 1.25 acres in size and two would be 1.31 acres in size. The circulation element indicates development of one cul -de -sac. It would contain private streets with a carded vehicular gate. This project is located within Annexation No. 5. The Planning Commission reviewed this request at their meeting of May 28th, and recommended approval with conditions. During the hearing, two nearby property owners spoke expressing concern about being able to continue keeping the horses they currently stable. The City has received a letter from Mrs. Dorothy Pepper, which is attached to staff report, indicating she is in favor of a lower density project and is concerned about losing the real character of the neighborhood. In response to Mayor Pena, Mr. Sawa advised that basically, Sunline's requirements are for a pull -out and a bus shelter. However, Sunline does not currently serve the area and the Commission felt that since this is a relatively small project there would be other opportunities and other locations to locate a bus shelter. He also advised that it is anticipated that this would eventually be part of the bike path and are being required to install an 8 -foot sidewalk. In response to Mayor Pena, Mr. Sawa advised that there is a possibility for some sort of bonding mechanism that would allow the City to defer the sidewalk requirement until development on both sides have occurred. Mr. Sawa clarified that the applicant is not intending to allow horses on this property. Mr. Kiedrowski advised that if Council indicates their desire to have the sidewalk deferred and secured with bonding, that condition will be modified. C�`� OF Tt� COU )7- MEETING DATE: JUNE 18, 1991 AGENDA CATEGORY: ITEM TITLE: APPEAL OF PLANNING COMMISSION ACTION ON PLOT PLAN 91 -457 AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 10,000 SQUARE FOOT DANCE NIGHTCLUB AND FUTURE BUILDING IN THE C -P -S ZONE LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET (EXTENDED) APPLICANT: J. PAUL SMITH BACKGROUND: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: The Planning Commission reviewed this item at their meeting of May 28, 1991, and on a unanimous vote denied this request. A report of Planning Commission action was scheduled for the City Council meeting of June 4, 1991. The Applicant submitted an appeal of the Planning Commission action on May 31, 1991. Therefore no action was taken by the City Council on June 4, 1991, since consideration of the appeal must be done at a public hearing. FISCAL IMPLICATION: None APPROVED BY: RECOMMENDATION: By-Reeeiii-t 91- deny appeal and support action taken by the Planning Commission. Submitted by: Approved for submission to City Council: _ gnat CC #4/16. F1 RON KIEDROWSKI, CITY MANAGER u Z 4 409mro WOW r MEMORANDUM OF TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: JUNE 18, 1991 SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF PLOT PLAN 91 -457 AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 10,000 SQUARE FOOT DANCE NIGHTCLUB AND FUTURE BUILDING. LOCATION: SOUTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET (EXTENDED) ZONING: - C -P -S APPLICANT: J. PAUL SMITH ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT 91 -191 HAS BEEN PREPARED IN CONJUNCTION WITH THIS APPLICATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS. THE INITIAL STUDY INDICATED THAT NO SIGNIFICANT ENVIRONMENTAL IMPACTS WILL OCCUR THAT CANNOT BE MITIGATED BY THE IMPOSITION OF MITIGATION MEASURES. THESE MITIGATION MEASURES CAN BE INCLUDED AS CONDITIONS OF APPROVAL FOR THE PLOT PLAN IF IT IS APPROVED. THEREFORE, A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT HAS BEEN PREPARED. BACKGROUND: The Planning Commission reviewed this item at their meeting of- May -28 -,- .1991, and on a unanimous vote denied this request. A "report of Planning Commission action was scheduled for the City Council meeting of June 4, 1991 The Applicant submitted an .appeal of the Planning Commission action on"May, 31,,_ _1991: Therefore no action was taken by the City Council on June 4, 1991, since_ consideration of the appeal must be done at a public hearing. MEMOSS.031 PROJECT PROPOSAL: The Applicant is proposing to construct and operate at1"0-000- square foot dance nightclub on the -4 -.-5 -acre site. Additionally , -a-1-7_- 0.00_square_ foot pad is provided on the site which would allow construction of a "supper club" type facility. The supper club could supplement the operation of the nightclub in that it would provide a facility for dinner prior to attending the nightclub. An extensive - report package and set of plans prepared by the Applicant was passed out for the June 4th report of action and includes a complete description of the project, marketing concepts, and operation among other things. Very briefly the concept of this facility is to provide a "up scale" dance nightclub which could also be utilized by the community for charitable events and special private, social, and political club functions. The facility would consist of a large dance floor, bar and "members only" lounge. Attached is the Planning Commission Staff report which provides a complete description and Staff analysis of the project. PLANNING COMMISSION DENIAL: Although a number of letters were submitted, primarily in favor of the project, there was no verbal public input, other than by the Applicant at the hearing. Following a lengthy presentation by the Applicant explaining the concept and operation of the proposed nightclub, the Planning Commission discussed this item in detail. A number of areas of concern including the following were discussed: Written withdrawal of previous objection to the project from the Riverside County Sheriff's Department. 2-. Sufficiency of proposed food service. ,-3. Potential future use of building if proposed use failed.. X41 Marketability of project. 5: Potential criminal activities surrounding the use due to patronage { _6. Conformance with the General Plan and proposed Highway 111 Specific Plan. It was noted that the design of the building and proposed landscaping was outstanding and was recommended by the Design -R_ e__ Board . After extensive discussion, the Planning Commission on a unanimous vote denied the request for this plot plan application. The Planning Commission denied the request based on the following findings: MEMOSS.031 Based on the information presented the Commission did not feel sufficient evidence had been presented to prove there was a market to support such a project. --2.., Concern that the draft policies identified by the Planning Commission and City Council during Study Sessions regarding the Draft Highway 111 Specific Plan, as it relates to the General Plan, do not agree with the proposed project. The Specific Plan calls for "major commercial complexes or projects" not stand alone, shallow- depth projects which the Planning Commission felt this was. C3 The limited food service proposed to be served does not mitigate alcohol related problems. 4. The proposed use is incompatible with the surrounding proposed and approved uses. 5� The proposed use was determined not to be an asset or a desirable use for the community. <�-6. The noise generated from the project as it relates to the proximity of future residential uses was determined to be inappropriate. 7 The General Plan policies refer to a Highway 111 Specific Plan and the need to develop the property along Highway 111 with large project development rather than smaller unrelated uses. -- -n /Le- area " `+`%la'n "b' dmi l►ar LVS-eh hn JW& 6;-k � 1d1 su4LI i b hua bm-s APPLICANT'S APPEAL: -Ne- -(t,Q,. We- The Applicant has appealed the Planning Commission denial of this plot pia A request. dab w4b& r t j - -ADDITIONAL PUBLIC-INPUT : C •1 Between the Planning Commission denial and City Council report of action on June 4, 1991,-- a4etter supporting-the project from the La Quinta Chamber of Commerce was received in_the Planning and Development Department. That letter is attached for your review. 6,\-- a ' L - a 1� W- ��^ RECOMMMDATION P�cd1 CU-k JA su �rb • �T` ` "d" "' By 4tesalutien 91- deny appeal and support action taken by the Planning Commission. Attachments: 1. Location map & plan exhibits 2. Planning Commission Staff report dated May 28, 1991, including letters received after Staff report preparation date. 3. Letter from Chamber of Commerce 4. Letter of appeal MEMOSS.031 3 i CASE MAP A-T R- 3,OC ORT CASE N0` PLOT PLAN 91 -457 • SCALE: J. PAUL SMITH NTS CITY OF LA QVINTA ° 0 . ,K�,M�� CITY COUNCIL ti5 CF`s OF NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta City Council will hold a PUBLIC HEARING on June 18, 1991, at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78 -105 Calle Estado, on the following item: I � C-P -s II' ITEM: PLOT PLAN 91 -457 (EA 91 -191) APPLICANT: J. PAUL SMITH LOCATION: SOUTHEAST CORNER OF HIGHWAY 111 & ADAMS STREET (EXTENDED) M.0 f * ft � M -- "..:.:rte. — R -2 12/00 �, S I E C- e Q REQUEST: APPEAL OF A PLANNING COMMISSION DENIAL FOR A PLOT PLAN APPLICATION TO ALLOW THE CONSTRUCTION AND OPERATION OF A 10,000 SQUARE FOOT DANCE NIGHTCLUB all AND FUTURE BUILDING IN C -P -S (SCENIC NT5, HIGHWAY COMMERCIAL) ZONE ON A 4.5 ACRE SITE. LEGAL: PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, T5S, R7E, SBBM. NORTH r The La Quinta Planning and Development Department has completed an environmental assessment on the plot plan. Based upon this assessment, the plot plan will not have a significant adverse effect on the environment; therefore, a Negative Declaration has been prepared. The La Quinta City Council will consider the adoption of the Negative Declaration along with the plot plan appeal at the Hearing. Any person may submit written comments on the plot plan appeal to the Planning and Development Department prior to the Hearing and /or may appear and be heard in support of or opposition to the adoption of the Negative Declaration and /or the plot plan application at the time of the Hearing. If you challenge the decision of this plot plan appeal 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 plot plan file may be viewed by the public Monday through Friday from 8:00 a.m. until 5:00 p.m. at the Planning and Development Department, La Quinta City Hall, 78 -099 Calle Estado, La Quinta, California. -------------------------------------------------------------- -------------------------------------------------------------- DO NOT PRINT BELOW THIS LINE PUBLISH ONCE ON JUNE 8, 1991 vwr n n n l 17 1,- o W 2 O is L ct✓� � � , �� C;:: ti � DATE: APPLICANT: ARCHITECT: CASE NO.: RLE STAFF REPORT PLANNING COMMISSION MEETING AUGUST 11, 1992 J. PAUL SMITH URRUTIA ARCHITECTS BI #2 PLOT PLAN 91 -457, 1ST EXTENSION OF TIME (EA 91 -191) REQUEST: APPROVAL OF A ONE YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED PLOT PLAN APPLICATION TO ALLOW THE CONSTRUCTION OF A 10,000 SQUARE FOOT DANCE NIGHTCLUB IN C -P -S (SCENIC HIGHWAY COMMERCIAL) ZONE ON A 4.5 ACRE SITE. LOCATION: SOUTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET (EXTENDED) GENERAL PLAN DESIGNATION: MIXED COMMERCIAL WITH A NON- RESIDENTIAL OVERLAY EXISTING ZONING: C -P -S (SCENIC HIGHWAY COMMERCIAL) ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT 91 -191 WAS PREPARED IN CONJUNCTION WITH THEIR ORIGINAL APPLICATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS. THE INITIAL STUDY INDICATED THAT NO SIGNIFICANT ENVIRONMENTAL IMPACTS WILL OCCUR THAT CANNOT BE MITIGATED BY THE IMPOSITION OF MITIGATION MEASURES. THESE MITIGATION MEASURES WERE INCLUDED AS CONDITIONS OF APPROVAL FOR THE PLOT PLAN. THEREFORE, A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT WAS ADOPTED.AND NO FURTHER REVIEW IS DEEMED NECESSARY. SURROUNDING ZONING AND LAND USE: NORTH: SOUTH: EAST: WEST: C -P -S /VACANT LAND C -P -S /VACANT LAND C -P -S /VACANT LAND C- P- S /R -1- 12,000 /VACANT LAND (WASHINGTON SQUARE SITE) AND CVWD WELL SITE 001 no l n c� - 1 i�l � �� ��. �; a i 7 r.� � r .'� �! k� DESCRIPTION OF SITE: THE PROJECT SITE CONSISTS OF APPROXIMATELY 4.5 ACRES OF LAND AND IS SOMEWHAT RECTANGULAR IN SHAPE. THE TOPOGRAPHY OF THE SITE IS FAIRLY LEVEL WITH SOME ROLLING SAND DUNES. THE PROPERTY IS PRESENTLY VACANT AND VOID OF ANY SIGNIFICANT VEGETATION. POWER POLES RUN ALONG ADAMS STREET AND ALONG HIGHWAY 111 ADJACENT TO THE SITE. THE PROPERTY TO THE EAST AND SOUTH IS MADE UP OF ONE INDIVIDUAL PARCEL UNDER SEPARATE OWNERSHIP. PROPOSAL: The applicant is proposing to construct a 10,000 square foot dance nightclub on the subject property. Additionally, a pad is being provided to allow construction of a "supper club" type facility. The supper club is proposed to supplement the operation of the nightclub in that it would provide a facility for dinner prior to attending the nightclub. BACKGROUND: This request for a one year extension of time is based upon the approval of the project application by the City Council on July 16, 1991. The applicant is requesting additional construction start -up time. Prior to Council approval, the Planning Commission reviewed the applicant's proposal in public hearing on May 28, 1991. At that meeting the Commission unanimously voted for denial of the project based upon several findings stated in the attached Council report of June 18, 1991. The Commission was concerned with potential noise and.the project's proximity to the Wilma Pacific project, potential crime resulting from the project, possible lack of existing market for the project, and the operation of the dance club as a single use building. The applicant filed an appeal of the Commission's decision on May 31, 1991. An appeal hearing was heard before the City Council on June 18, 1991, and on July 16, 1991. During the hearing; Council modified the Conditions of Approval, a copy of which is attached. Council moved to uphold the applicant's appeal and approved the project subject to the modified conditions. The motion carried with two Council members voting no. 000 �1 FURTHER PLANNING CONSIDERATIONS: Upon review of this request for extension of time, Staff recommends modifying the Final Conditions of Approval as amended by City Council on July 16, 1991 with the following changes: 4. Add "and according to the provisions of Chapter 5.12 (Dances) of the City of La Quinta Municipal Code. ".... 10. Add "Perimeter landscaping shall be installed first. Wildflowers shall be planted on the undeveloped pad. ". 11.. Add ", and the Americans with Disabilities Act." These proposed changes to the Conditions of Approval will bring the project into compliance with the current local and federal requirements. No comments have been received from other city agencies pertaining to the granting of a one year extension of time. ADDITIONAL PUBLIC INPUT: Since the appeal hearing of July 16 & 18, 1991, there have been no additional public comments received, by the. Planning and Development Department. RECOMMENDATION: By Minute Motion 92- approve a one year extension of time, to expire on July 16, 1993, subject to the attached revised Conditions of Approval. Attachments: 1. City Council Staff Report dated June 18, 1991. 2. Final Conditions of Approval dated July 18, 1991. 3. Modified Conditions of Approval '- 003 r� Of ATTACHMENT rt 1 c % • x MEETING DATE: JULY 16, 1991 CONTINUED FROM JUNE 18, ITEM TITLE: APPEAL OF PLANNING COMMISSION ACTION ON PLOT PLAN 91 -457 AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 10,000 SQUARE FOOT DANCE NIGHTCLUB AND FUTURE BUILDING IN THE C-P -S ZONE LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET (EXTENDED)' APPLICANT: J. PAUL SMITH BACKGROUND: AGENDA CATEGORY: 1991 PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: This appeal of a Planning Commission denial of a plot plan request was considered as a public hearing at your previous meeting of June 18, 1991. The item was continued after considerable public input and City Council discussion. Council instructed Staff to draft a list of potential Conditions of Approval for the project. ISCAL IMPLICATION: None APPROVED BY: RECOMMENDATION: By Minute Motion 91- deny appeal and support denial taken by Planning Commission. Submitted by: Approved for submission to City Council: CC #4/16.F1 RON KIEDROWSKI, CITY MANAGER I MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: JULY 16, 1991, CONTINUED FROM JUNE 18, 1991 SUBJECT: APPEAL OF PLANNING COMMISSION ACTION ON PLOT PLAN 91 -457 AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 10,000 SQUARE FOOT DANCE NIGHTCLUB AND FUTURE BUILDING LOCATION: SOUTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET (EXTENDED) ZONING: C -P -S APPLICANT: J. PAUL SMITH BACKGROUND: This appeal of a Planning Commission denial of a plot plan was originally heard at your meeting of June 15, 1991. At that hearing a number of people spoke regarding the proposed project. The majority of the people who spoke were in favor of the project. The City Council after an extensive discussion of the project continued the request to this meeting, and instructed Staff to draft a list of conditions which could be imposed should the project is approved. Also attached is a list of potential Conditions of Approval should the project be approved. Also attached is the previous City Council Staff report and minutes from the meeting of June 18, 1991. RECOMMENDATION: By Minute Motion 91- deny appeal and support denial by the Planning Commission. Attachments: 1. Council report for the meeting of June 18, 1991 2. City Council Minutes for the meeting of June 18, 1991. 3. Draft Conditions of Approval for Plot Plan 91 -457 MEMOSS.039 '= 005 IL41 J 1 i.L 1 t CASE MAP CAS N0` PLOT PLAN 91-467 J. PAUL SMITH q-1 J .- ol� i R- a,oc vmt-N loos , i. `11 . " • j� lb 60 1 NZ U L " co ,. i .r. rr, �r t ti s A-4 4'/ lil IJ 0 �D I Am VII aw mm 6 05 M - ul m RU I ` 4L.: aiii mm 1 .�J,r DIP I call prip all 9 boo- I I 1: ci -e U010, 011 COU HL [ COPY "1" •�Qut��fw MEETING DATE: JUNE 18, 1991 ITEM TITLE: APPEAL OF PLANNING COMMISSION ACTION ON PLOT PLAN 91 -457 AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 10,000 SQUARE FOOT DANCE NIGHTCLUB AND FUTURE BUILDING IN THE C -P -S ZONE LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY III AND ADAMS STREET (EXTENDED) APPLICANT: J. PAUL SMITH BACKGROUND: AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: The Planning Commission reviewed this item at their meeting of May 28, 1991, and on a unanimous vote denied this request. A report of Planning Commission action was scheduled for the City Council meeting of June 4, 1991. The Applicant submitted an appeal of the Planning Commission action on May 31, 1991. Therefore no action was . taken by the City Council on June 4, 1991, since consideration of the appeal must be done at a public hearing. FISCAL IMPLICATION: None APPROVED BY: RECOMMENDATION: By Resolution 91- deny appeal and support action taken by the Planning Commission. Submitted by: Approved for submission to City Council: - cc14 /16.P1 RON KIEDROWSKI, CITY MANAGER 012 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: JUNE 18, 1991 SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF PLOT PLAN 91 -457 AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 10,000 SQUARE FOOT DANCE NIGHTCLUB AND FUTURE BUILDING. LOCATION: SOUTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET (EXTENDED) ZONING: C -P -S APPLICANT: J. PAUL SMITH ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT 91 -191 HAS BEEN PREPARED IN CONJUNCTION WITH THIS APPLICATION PURSUANT TO THE CALIFORNIA ENVIROIv, ENTAL QUALITY ACT REQUIREMENTS. THE INITIAL STUDY INDICATED THAT NO SIGNIFICANT ENVIRONMLNTAL IMPACTS WILL OCCUR THAT CANNOT BE MITIGATED BY THE IMPOSITION OF MITIGATION MEASURES. THESE MITIGATION MEASURES CAN BE INCLUDED AS CONDITIONS OF APPROVAL FOR THE PLOT PLAN IF IT IS APPROVED. THEREFORE, A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT HAS BEEN PREPARED. BACKGROUND: The Planning Commission reviewed this item at their meeting of May 28, 1991, and on a unanimous vote denied this request. A report of Planning Commission action was scheduled for the City Council meeting of June 4, 1991. The Applicant submitted an appeal of the Planning Commission action on May 31, 1991. Therefore no action was taken by the City Council on June 4, 1991, since consideration of the appeal must be done at a public hearing. MEMOSS.031 1 013 PROJECT PROPOSAL: The Applicant is proposing to construct and operate a 10,000 square foot dance nightclub on the 4.5 acre site. Additionally, a 17,000 square foot pad is provided on the site which would allow construction of a "supper club" type facility. The supper club could supplement the operation of the nightclub in that it would provide a facility for dinner prior to attending the nightclub. An extensive report package and set of plans prepared by the Applicant was passed out for the June 4th report of action and includes a complete description of the project, marketing concepts, and operation among other things. Very briefly the concept of this facility is to provide a "up scale" dance nightclub which could also be utilized by the community for charitable events and special private, social, and political club functions. The facility would consist of a large dance floor, bar and "members only" lounge. Attached is the Planning Commission Staff report which provides a complete description and Staff analysis of the project. PLANNING COMMISSION DENIAL: Although a number of letters were submitted, primarily in favor of the project, there was no verbal public input, other than by the Applicant at the hearing. Following a lengthy presentation by the Applicant explaining the concept and operation of the proposed nightclub, the Planning Commission discussed this item in detail. A number of areas of concern including the following were discussed: 1. Written withdrawal of previous objection to the project from the Riverside County Sheriff's Department. 2. Sufficiency of proposed food service. 3. Potential future use of building if proposed use failed. 4 Marketability of project. S. Potential criminal activities surrounding the use due to patronage. 6. Conformance with the General Plan and proposed Highway 111 Specific Plan. It was noted that the design of the building and proposed landscaping was outstanding and was recommended by the Design Review Board. After extensive discussion, the Planning Commission on a unanimous vote denied the request for this plot plan application. The Planning Commission denied the request based on the following findings: MEMOSS . o31 2 014 I . Based on the information presented the Commission did not feel sufficient evidence had been presented to prove there was a market to support such a project. 2. Concern that the draft policies identified by the Planning Commission and City Council during Study Sessions regarding the Draft Highway 111 Specific Plan, as it relates to the General Plan, do not agree with the proposed project. The Specific Plan calls for "major commercial complexes or projects" not stand alone, shallow- depth projects which the Planning Commission felt this was. 3. The limited food service proposed to be served does not mitigate alcohol related problems. 4. The proposed use is incompatible with the surrounding proposed and approved uses. S. The proposed use was determined not to be an asset or a desirable use for the community. 6. The noise generated from the project as it relates to the proximity of future residential uses was determined to be inappropriate. 7. The General Plan policies refer to a Highway 111 Specific Plan and the need to develop the property along Highway l I1 with Iarge project development rather than smaller unrelated uses. APPLICANT'S APPEAL: The Applicant has appealed the Planning Commission denial of this plot plan request. ADDITIONAL PUBLIC INPUT: Between the Planning Commission denial and City Council report of action on June 4, 1991, a letter supporting the project from the La Quinta Chamber of Commerce was received in the Planning and Development Department. That letter is attached for your review. RECOMMENDATION: By Resolution 91- deny appeal and support action taken by the Planning Commission. Attachments: 1. Location map & plan exhibits 2. Planning Commission Staff report dated May 28, 1991, including letters received after Staff report preparation date. 3. Letter from Chamber of Commerce 4. Letter of appeal MEMOSS.031 3 015 ATTACHMENT2 CONDITIONS OF APPROVAL - FINAL PLOT PLAN 91 -457 J. PAUL SMITH JULY 16, 1991 Amended by City Council 7 -16 -91 GENERAL CONDITIONS OF APPROVAL: 1. The development of the property shall be generally in conformance with the exhibits contained in the file for Plot Plan 91 -457, unless otherwise amended by the following conditions. 2. The approved plot plan shall be used within one year of the final approval date. Otherwise it shall become null and void and of no affect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not included grading which is begun within the one year period and is thereafter diligently pursued until completion. 3. Exterior lighting for the project shall comply with the "Dark Sky Ordinance" lighting ordinance. Lighting plans shall be approved by the Planning and Development Department prior to issuance of building permits. All exterior lighting including buildign lighting shall be provided with shielding to screen glare from adjacent streets and residential properties to the satisfaction of the Planning and Development Department. Parking lot light standards shall be a maximum 30 feet in height. '4. Nightclub shall be operated as proposed in "The City Planning and Council committees work /study package ", on file in the Planning and Development Department. Any deviations of operation determined to be minor may be approved by the Planning Commission. Any major deviations or changes in operation shall only be allowed if approved by the City Council. This includes the "curb to curb ride service". 5. Comprehensive sign program for the facility shall be approved by the Design Review Board and Planning Commission prior to issuance of a building permit. 6. 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. At a minimum, the plan shall: (1) identify the means for digging test pits; and (2) provide for further testing if the preliminary results show significant material 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. CONAPRVL.014 016 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 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 diver, redirect, or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation, or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recovery, the Developer shall cause three copies of the final report containing the data analyses to be prepared and published and submitted to the Planning and Development Department. 7. Prior to issuance of a building permit for construction of building contemplated by this approval, the Applicant shall obtain permits and or clearances from the following agencies: o City Fire Marshal o Caltrans 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 and Safety Department at the time of application for a building permit for the use contemplated herewith. Deleted • 8 : - - -�'� �pphc�tr� shed} �pravi�c�e = wit�mr t� �ag^htc -lnb- a -fnli- eammereisi- kitc3�en faeiii t�* for- prepare►tion of -food -ta- be -aezv ed- i� facility- 9. Provisions shall be made to comply with terms and requirements of the City's adopted infrastructure fee program in effect at the time of issuance of a building permit. 10. Preliminary and final landscaping plans shall be reviewed and approved by the Design Review Board prior to issuance of a building permit. Desert or native plant species or drought resistent planting material shall be incorporated into the landscape plans. Emitter or drip irrigation (excluding spaghetti tubing) shall be incorporated into irrigation system design wherever possible. CONAPRVL.014 2 017 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 All. tree sizes shall be a minimum of 24 inch box size or 2 -1/2 inch caliber (measured 24 inches above root ball) and all Palm Trees shall be a minimum 12 feet in height (brown trunk). The plans submitted shall include the acceptance stamps and signatures from the Riverside County Agricultural office and Coachella Valley Water District. Short decorative screen walls shall be provided along Adams Street and Highway 111 unless the Applicant can assure the Planning and Development Department that adequate berming will be provided to screen the parking lot surface area from view of the streets. 11. Handicapped access, facilities, and parking shall.be provided per State and local requirements. Future building shall be reviewed by the Design Review Board, Planning Commission, and City Council in a manner which is the same as the original plot plan approval. 12. 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 erosion and dust control. The land owner shall institute blowsand and dust control measures during grading and site development. These shall include but not be limited to: A. The use of irrigation during any construction activities; B . Planting of cover crops or vegetation upon 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 Directors of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily during construction to prevent the emission of dust and blowsand. 13. Prior to issuance of any land disturbance permit, the Applicant shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat Conservation Program, as adopted by the City, in the amount of $640 per acre of disturbed land. 14. A noise study shall be prepared by a qualified acoustical engineer and submitted to the Planning and Development Department for review and approval prior to submission of building plans for plan check or issuance of grading plans, whichever comes first. The study shall include on site noise created within the building to ensure that noise impacts to adjacent properties the adjacent properties will not be created. Exterior doors shall not be left in an "open" position during hours of operation. 15. Prior to the 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 and mitigation measures of PP 91 -457 and EA 91 -191 which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the CONAPRVL.014 • CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval and mitigation measures of EA 91 -191 and PP 91 -457 which must be satisfied prior to the issuance of a building permit. Prior to final building inspection, the applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with all remaining conditions of approval and mitigation measures of EA 91 -191 and PP 91 -457. The Planning and Development Director may require inspection or other monitoring to assure such compliance. 16. Parking lot striping plan, including directional arrows, stop signs, no parking areas, parking spaces shall be approved by the Planning and Development Department and Engineering Department prior to issuance of a building permit. 17. Self parking area as shown on submitted exhibit shall be provided and . accessible to patrons at all times at no cost. 18. End parking spaces shall be 11 feet wide as required by Municipal Code. 19. Two -way driving aisles that also used for back up shall be 26 feet wide as required by Municipal Code. 20. The Applicant shall reserve an area for vehicular access to the properties to the south and east as needed when those properties develop. Determination as to location shall be determined by the City. The Applicant shall provide, prior to issuance of a building permit, a bond in an amount sufficient to ensure that a maximum two future accesses to the east and south are provided and constructed by the Applicant /operator, as required by the City. An easement to allow vehicular cross access between the subject property and properties to the east and south shall be recorded when it is determined that cross access is necessary, to the satisfaction of the City. *21. Trash enclosures shall be large . enough to accommodate two standard size trash bins as required by Waste Management of the Desert and placed in a location which is visually screened from view. 22. Food service shall be made available to all patrons throughout the evening during hours of operation. 23. Applicant shall obtain permit from City Manager as required by Municipal Code Chapter 5.12 (Dances), prior to issuance of a building permit. Hours of operation shall be in compliance with Chapter 5.12 (Dances). This Chapter does not permit operation of a public dance hall between the hours of 2:00 A.M. and 8:00 A.M. CONAPRVL.014 4 L 019 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 Deleted * 24--- ff- - berering- end- shivbbery -i9- not- adeqtmu -_ -to, - Screen -parking -Wrea -from l-fi gh &ay -M tdA -Adams- Rivet; -s -s� screesr waif shelf -be provided -to- the satisfae-tim 4-the -City- *25. All dancing and /or club activities shall be conducted indoors, unless otherwise approved by City Council. *26. Prior to club opening, operator shall enter into an agreement with the Sheriff's Department to provide extra duty police personnel on a permanent contractural basis. The number of personnel to be determined by the Sheriff's Department or other City.approved agency. FIRE MARSHAL'S CONDITIONS: 27. Provide or show there exists a water system capable of delivering 3000 gpm for a three hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 28. 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. The required fire flow shall be available from any adjacent hydrant(s) in the system. 29. Prior to issuance of a 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". 30. One way lanes shall be a minimum 16 feet wide. 31. The required water system including: fire hydrants shall be installed and operational prior to the start of construction. 32. 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. 33. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2AlOBC in rating. Contract certified extinguisher company for proper placement of equipment. CONAPRVL.014 5 020 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 34. Comply with Title 19 of the California Administrative Code. 34. Install Panic Hardware and Exit signs as per Chapter 33 of the Uniform Building Code. 35. Certain designated areas will be required to be maintained as fire lanes. ENGINEERING DEPARTMENT CONDITIONS: 36. 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. Highway 111 - per Caltrans requirements; probably 80 foot half width; B. Adams Street - Primary Arterial, 55 foot half width plus slope easement if needed; 37. The Applicant shall vacate vehicle access rights to Highway 111 and Adams Street from the site except as specifically provided in these Conditions of Approval. 38. 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. Highway 111 - no access shall be permitted. B. Adams Street - 310 feet or more'south of the south curb line of Highway 111, the driveway width shall be as approved by the City Engineer with turning movements limited to right turn in and out only. 39. The Applicant shall provide a fully improved landscaped setback lot of noted width adjacent to the following street right -of- way(s) : A. Highway 111 - 50 feet wide B . Adams Street - 20 feet wide No slope in the landscaped lot shall be steeper than 6:1. 40. The Applicant /owner shall be responsible for the maintenance and continued upkeep of the landscape setback lot and parkway area adjacent to the roadway along the segments of Highway 111 and Adams Street that are contiguous to the site boundary. 41. Landscape and irrigation plans for the landscaped lot(s)shall be prepared in conformance with requirements of the Planning Director, and City Engineer, and approved by same officials prior to construction. 42. 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 CONAPRVL.014 6 �2i CONDITIONS OF APPROVAL - PP 91-457 July 16, 1991 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. 43. 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. 44. 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 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. 45. 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, or piped to the Whitewater Channel. The basin slopes shall not exceed 3:1. The percolation rate shall be considered t0 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. 46. 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 square feet of landscaping. 47. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with the grading plan. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and /or 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. COIF APRVL . 014 022 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 48. 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 (LQMC) and adopted Standard Drawings, the City Engineer and Caltrans where applicable 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 tract boundaries and join the widened section to the unwidened street section. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: A. Highway 111 (Adams Street centerline to easterly site boundary) - Install half -width highway improvements per Caltrans requirements and La Quinta General Plan. B. Adams Street (Highway 111 centerline to Avenue 47 centerline) - The Applicant is responsible for the cost and installation of one -half of the Primary Arterial improvements (110' right of way option) refer to La Quinta General Plan Figure VII -2. A street configuration that provides two -way traffic and aligns with the pavement to the north of Highway 111, and reasonably anticipates and conforms to the future ultimate General Plan improvements, may be approved by the City Engineer in lieu of the traditional one -half of everything on one side of the centerline. The Applicant shall provide 100% of the initial cost participation as needed to complete the interim facility and may seek reimbursement when the land on the southwest corner of Highway 111 and Adams Street is developed, for costs in excess of 50% and of the combined total cost to construct the interim and ultimate improvements. 49. The Applicant shall participate in the cost, noted as follows, of designing and installing traffic signals at the following locations: A. Highway 111 at Adams Street, 100% initial participation if needed, subject to 75% reimbursement from the City when the northwest corner is developed. 50. The Applicant shall construct a meandering sidewalk in the parkway and landscaped setback lot along Highway 111 (8 -foot wide) and Adams Street (6 -foot wide). CONAPRVL.014 8 023 CONDITIONS OF APPROVAL - PP 91 -457 July 16, 1991 51. The Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. 52. 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. 53. 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 . 54. 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. 55. 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 has historically received flow for those occasions when a storm greater than the 100 -year 24 -hour event occurs. 56. 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 is undertaken and accomplished by the City. 57. The Applicant shall design and construct the parking lot in accordance with the L.Q.M. C. Off - Street Parking ordinance. 58. Applicant shall install traffic signal at Highway 111 at Adams Street prior to opening the intersection for traffic. All traffic on Adams Street shall obtain access via Avenue 47 until the traffic signal at Highway 111 and Adams Street is installed. PUBLIC UTILITIES: 59. All conditions of Caltrans shall be met. 60. All conditions of Sunline Transit shall be met. 61. All conditions of Coachella Valley Water District shall be met. CONAPRVL.014 9 024 025 ATTACHMENT #3 CONDITIONS OF APPROVAL - PROPOSED PLOT PLAN 91 -457 J. PAUL SMITH AUGUST 11, 1992 * Amended by City Council 7 -16 -91 + Amendments recommended by Staff 8 -11 -92 GENERAL CONDITIONS OF APPROVAL: 1. The development of the property shall be generally in conformance with the exhibits contained in the file for Plot Plan 91 -457, unless otherwise amended by the following conditions. 2. The approved plot plan shall be used within one year of the final approval date. Otherwise it shall become null and void and of no affect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not included grading which is begun within the one year period and is thereafter diligently pursued until completion. 3. Exterior lighting for the project shall comply with the "Dark Sky Ordinance" lighting ordinance. Lighting plans shall be approved by the Planning and Development Department prior to issuance of building permits. All exterior lighting including buildign lighting shall be provided with shielding to screen glare from adjacent streets and residential properties to the satisfaction of the Planning and Development Department. Parking lot light standards shall be a maximum 30 feet in height. * +4. Nightclub shall be operated as proposed in "The City. Planning and Council committees work /study package ", and according to the provisions of Chapter 5.12 ( dances) of the City of La Quinta Municipal Code, on file in the Planning and Development Department. Any deviations of operation determined to be minor may. be approved by the Planning Commission. Any major deviations or changes in operation shall only be allowed if approved by the City Council. This includes the "curb to curb ride service". 5. Comprehensive sign program for the facility shall be approved by the Design Review Board and Planning Commission prior to issuance of a building permit. 6. 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. At a minimum, the plan shall: (1) identify the means for digging test pits; and (2) provide for further testing if the preliminary results show significant material are present. The final plan shall be submitted to the Planning and Development Department for final review and approval. CONAPRVL.014 026 CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 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), shallbe 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 diver, redirect, or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation, or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recovery, the Developer shall cause three copies of the final report containing the data analyses to be prepared and published and submitted to the Planning and Development Department. 7. Prior to issuance of a building permit for construction of building contemplated by this approval, the Applicant shall obtain permits and or clearances from the following agencies: o City Fire Marshal o Caltrans 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 and Safety Department at the time of application for a building permit for the use contemplated herewith. Deleted *8:--- T4ke- Apph-ceirt -tai } - provide -wtthin--tire-fag Af_4ub-a- ftdli- eeinmereia4- kitchen €aeiiit�- €er- preparatio�r crf -fvoci -tQ- be- served -irr faeik�y- 9. Provisions shall be made to comply with terms and requirements of the City's adopted infrastructure fee program in effect at the time of issuance of a building permit. +10. Preliminary and final landscaping plans shall be reviewed and approved by the CONAPRVL.014 027 CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 grading plans, - whichever comes first. The study shall include on site noise created within the building to ensure that noise impacts to adjacent properties the adjacent properties will not be created. Exterior doors shall not be left in an "open" position during hours of operation. 15. Prior to the 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 and mitigation measures of PP 91 -457 and EA 91 -191 which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval and mitigation measures of EA 91 -191 and PP 91 -457 which must be satisfied prior to the issuance of a building permit. Prior to final building inspection, the applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with all remaining conditions of approval and mitigation measures of EA 91 -191 and PP 91 -457. The Planning and Development Director may require inspection or other monitoring to assure such compliance. 16. Parking lot striping plan, including directional arrows, stop signs, no parking areas, parking spaces shall . be approved by the Planning and Development Department and Engineering Department prior to issuance of a building permit. 17. Self parking area as shown on submitted exhibit shall be provided and accessible to patrons at all times at no cost. 18. End parking spaces shall be 11 feet wide as required by Municipal Code. 19. Two -way driving aisles that also used for back up shall be 26 feet wide as required by Municipal Code. 20. The Applicant shall reserve an area for vehicular access to the properties to the south and east as needed when those properties develop. Determination as to location shall be determined by the City. The Applicant shall provide, prior to issuance of a building permit, a bond in an amount sufficient to ensure that a maximum two future accesses to the east and south are provided and constructed by the Applicant /operator, as required by the City. An easement to allow vehicular cross access between the subject property and properties to the east and south shall be recorded when it is determined that cross access is necessary, to the satisfaction of the City. *21. Trash enclosures shall be large enough to accommodate two standard size trash bins as required by Waste Management of the Desert and placed in a location which is visually screened from view. CONAPRVL.014 4 MW CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 22. Food service shall be made available to all patrons throughout the evening during hours of operation. 23. Applicant shall obtain permit from City Manager as required by Municipal Code Chapter 5.12 (Dances), prior to issuance of a building permit. Hours of operation shall be in compliance with Chapter 5.12 (Dances) . This Chapter does not permit operation of a public dance hall between the hours of 2:00 A.M. and 8:00 A.M. Deleted *54: -aereen- Parking- ereer4rem lirig+twaq 414 end -Adams- - (t e t ; -e -Aker- sereerr- wail, shall -be V7rovkl d -to- the satisfaetion -of the -GR-,F- *25. All dancing and /or club activities shall be conducted indoors, unless otherwise approved by City Council. *26. Prior to club opening, operator shall enter into an agreement with the Sheriff's Department to provide extra duty police personnel on a permanent contractural basis. The number of personnel to be determined by the Sheriff's Department or other City approved agency. FIRE MARSHAL'S CONDITIONS: 27. Provide or show there exists a water system capable of delivering 3000 gpm for a three hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 28. A combination of on -site and off -site Super fire hydrants, on a looped system (6" X 4" X 2-1/2" X 2-1/211), will be located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 29. Prior to issuance of a 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". 30. One way lanes shall be a minimum 16 feet wide. 31. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 32. 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 CONAPRVL.014 5 0 2 CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 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. 33. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10B.0 in rating.. Contract certified extinguisher company for proper placement of equipment. 34. Comply with Title 19 of the California Administrative Code. 34. Install Panic Hardware and Exit signs as per Chapter 33 of the Uniform Building Code. 35. Certain designated areas will be required to be maintained as fire lanes. ENGINEERING DEPARTMENT CONDITIONS: 36. 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. Highway 111 - per Caltrans requirements; probably 80 foot half width; B. Adams Street - Primary Arterial, 55 foot half width plus slope easement if needed; 37. The Applicant shall vacate vehicle access rights to Highway 111 and Adams Street from the site except as specifically provided in these Conditions of Approval. 38. 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. Highway 111 - no access shall be permitted. B. Adams Street - 310 feet or more south of the south curb line of Highway 111, the driveway width shall be as approved by the City Engineer with turning movements limited to right turn in and out only. 39. The Applicant shall provide a fully improved landscaped setback lot of noted width adjacent to the following street right -of- way(s) : A . Highway 111 - 50 feet wide B . Adams Street - 20 feet wide No slope in the landscaped lot shall be steeper than 6:1. 40. The Applicant /owner shall be responsible for the maintenance and continued upkeep of the landscape setback lot and parkway area adjacent to the roadway CONAPRVL.014 6 030 CONDITIONS OF APPROVAL Plot Plan 91 -457 August lly 1992 along the segments of Highway 111 and Adams Street that are contiguous to the site boundary. 41. Landscape and irrigation plans for the landscaped lot(s)shall be prepared in conformance with requirements of the Planning Director, and City Engineer, and approved by same officials prior to construction. 42. 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. 43. 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. 44. 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 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. 45. 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, or piped to the Whitewater Channel. 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. 46. 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 square feet of landscaping. CONAPRVL.014 7 031 CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 47. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with the grading plan. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and /or 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. 48. 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 (LQMC) and adopted Standard Drawings, the City Engineer and Caltrans where applicable 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 tract boundaries and join the widened section to the unwidened street section. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: * A. Highway 111 (Adams Street centerline. to easterly site boundary) - Install half -width highway improvements per Caltrans requirements and La Quinta General Plan. B. Adams Street (Highway 111 centerline to Avenue 47 centerline) - The Applicant is responsible for the cost and installation of one -half of the Primary Arterial improvements (110' right of way option) refer to La Quinta General Plan Figure VII -2. A street configuration that provides two -way traffic and aligns with the pavement to the north of Highway 111, and reasonably anticipates and conforms to the future ultimate General Plan improvements, may be approved by the City Engineer in lieu of the traditional one -half of everything on one side of the centerline. The Applicant shall provide 100% of the initial cost participation as needed to complete the interim facility and may seek reimbursement when the land on the southwest corner of Highway 111 and Adams Street is developed, for costs in excess of 50% and of the combined total cost to construct the interim and ultimate improvements. CONAPRVL.014 8 032 CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 49. The Applicant shall participate in the cost, noted as follows, of designing and installing traffic signals at the following locations: A. Highway 111 at Adams Street, 100% initial participation if needed, subject to 75% reimbursement from the City when the northwest corner is developed. 50. The Applicant shall construct a meandering sidewalk in the parkway and landscaped setback lot along Highway 111 (8 -foot wide) and Adams Street (6 -foot wide) . 51. The Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. 52. 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. 53. 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. 54. 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. 55. 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 has historically received flow for those occasions when a storm greater than the 100 -year 24 -hour event occurs. 56. 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 is undertaken and accomplished by the City. 57. The Applicant shall design and construct the parking lot in accordance with the L. Q. M. C. Off - Street Parking ordinance. 58. Applicant shall install traffic signal at Highway 111 at Adams Street prior to opening the intersection for traffic. All traffic on Adams Street shall obtain access via Avenue 47 until the traffic signal at Highway 111 and Adams Street is installed. PUBLIC UTILITIES: CONAPRVL.014 9 ,�. CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 59. All conditions of Caltrans shall be met. 60. All conditions of Sunline Transit shall be met. 61. All conditions of Coachella Valley Water District shall be met. CONAPRVL.014 10 034 CITY OF LA QUINTAp PLANNING COMMI'8-SIOF LF CaH TICS OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta Planning Commission will hold a PUBLIC HEARING on August 11, 1992, at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78 -105 Calle Estado, on the following item: ITEM: PLOT PLAN 91 -457 - EXTENSION #1 (EA 91 -191) APPLICANT: J. PAUL SMITH LOCATION: SOUTHEAST CORNER OF HIGHWAY 111 & ADAMS STREET (EXTENDED) REQUEST: APPROVAL OF A ONE YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED PLOT PLAN APPLICATION TO ALLOW THE CONSTRUCTION AND OPERATION OF A 10,000 SQUARE FOOT DANCE NIGHTCLUB IN C -P -S (SCENIC HIGHWAY COMMERCIAL) ZONE ON A 4.5 ACRE SITE. LEGAL: PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, T5S, R7E, SBBM. The La Quinta Planning and Development Department has determined that the plot plan extension of time will not have a significant adverse effect on the environment; therefore, the previous Negative Declaration has been deemed sufficient and no further documentation is necessary. Any person may submit written comments on the plot plan to the Planning and Development Department prior to the Hearing and /or may appear and be heard in support of or opposition to the adoption of the plot plan extension of time application at the time of the Hearing. If you challenge the decision of this plot plan in court, you may be limited to raising only those issues that you or someone else raised either at the Public Hearing or in written correspondence delivered to the Planning and Development Department, at or prior to the Public Hearing. The plot plan file may be viewed by the public Monday through Friday from 8:00 a.m. until 5:00 p.m. at the Planning and Development Department, La Quinta City Hall, 78 -099 Calle Estado, La Quinta, California. DO NOT PRINT BELOW THIS LINE PUBLISH ONCE ON AUGUST 1, 1992 s �� �� �, MINUTES PLANNING COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78 -105 Calle Estado, La Quinta, California May 28, 1991 7:00 P.M. I. CALL TO ORDER } A. The meeting was called to order at 7:03 P.M. by Chairperson Steding. The Flag Salute was led by Commissioner Ladner. II. ROLL CALL A. Chairperson Steding requested the roll call. Present: Commissioners Mosher, Dowd, Barrows, Ladner, and Chairperson Steding. B . Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, Associate Planner Wallace Nesbit, and Department Secretary Betty Anthony. III. PUBLIC HEARINGS A. Continued Public Hearing on Development Agreement 90 -002 ; a request of Washington Adams Limited Partnership for approval of a Development Agreement pursuant to Section 65845 et. seq. , of the California Government Code, relative to Specific Plan 89 -014, which was approved by the City Council on April 17, 1990. 1. Chairperson Steding opened the continued public hearing and as no one wished to comment on the subject; it was moved by Commissioner Dowd and seconded by Commissioner Barrows to table the matter at the request of the Applicant. ROLL CALL VOTE: AYES: Commissioners Dowd, Mosher, Barrows, Ladner, & Chairperson Steding. NOES: None. ABSENT: None ABSTAINING: None. B. Plot Plan 91 -457 (EA 91 -1911; a request of J. Paul Smith for approval of a plot plan application to allow the construction and operation of a 10,000 square foot dance nightclub in the C -P -S (Scenic Highway Commercial) Zone on a 4.5 acre site. 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. Chairperson Steding asked if any response had been received from the Fire Department. Principal Planner Sawa stated they had no objections. 3. Commissioner Dowd inquired as to the location and if the building would be soundproof to eliminate noise. Principal Planner Sawa stated that would depend on the materials used in the construction and the Applicant could best answer that question. 4. Commissioner Barrows asked what the distance was from the project to the Wilma Pacific project. Principal Planner Sawa stated it was approximately 300 -400 feet from the property line -to the Wilma Pacific project. 5. Chairperson Steding asked Staff what the proposed size was for the supper club. Staff stated they did not know but the pad available was 17,000+ square feet. 6. Chairperson Steding opened the public hearing. Mr. J. Paul Smith, Applicant presented a lengthy, detailed report regarding his proposed plans and gave his response to Staff's reasons for denying the project. 7. Commissioner Dowd asked the Applicant to explain the connection between the supper club and night club, how he anticipated drawing a young cliental with "older" band names, and what his time frame was for the development of the complete project. She also felt the noise factor for the Wilma Development project needed to be addressed. Mr. Smith explained that his experience was in nightclub management, not the restaurant business and did not want to compete with that business industry. His goal was to have a joint use with the supper club and blend the age groups. He further stated this was a place to provide entertainment following dinner. Discussion followed regarding the type of food to be served and the age group he would be targeting. 8. Chairperson Steding asked Mr. Smith if he had any figures to show how many business people travel through this area year round and if there was a study relating to this. Mr. Smith stated that they did not plan on a year round operation but would be seasonal with reduced summer rates and days open. 9. Commissioner Ladner asked Mr. Smith if he had closed escrow on the property. He stated no. She asked if he had put a substantial non - refundable on the property. He stated he,had option payments on the land. She asked if there was a double escrow, an investment group in escrow on the project. He stated no there was no double escrow and no investment group involved. She then discussed the letters sent in favor of the project. She stated that most of the people spoke in favor of Mr. Smith rather than the project and probably would not frequent the club. PCMIN5 -28 2 10. Commissioner Mosher reiterated the Design Review Board's approval was for the aesthetics of the project. His concerns of the project were in regards to the Sheriff Department's reversal of their objections, Staff objections concerning the Highway 111 Specific Plan policies, and zoning. Mr. Smith stated he had spent a great deal of time with the Sheriff's Department explaining the project and making changes according to their suggestions. Staff's concern he felt had been covered in his presentation. 11. Commissioner Barrows stated her approval of the design and the changes that had been made to the project. She asked if the Applicant had done a market survey to see if the market was there for his project. Mr. Smith gave the results of a survey that had been conducted which showed a definite market for this type of business. Commissioner Barrows inquired about the amount of glass to be used and if energy efficient ideas would be utilized in the construction. Mr. Frank Urrutia, architect for the project stated there would only be a small amount of glass and it would be double glazed. 12. Chairperson Steding asked what the capacity of the building and members only portion would be. Mr. Smith stated the building capacity is 625 but they had not made an exact determination as to the number of memberships that would be offered. It would be determined upon the demand and market conditions. She further asked if the criteria for the membership was based solely on the ability to pay. Mr. Smith stated what the criteria would be based on credit history and vocation. Discussion followed regarding membership fee, serving of food, financing, and the use of extra Sheriff deputies. 13. Commissioner Mosher inquired about the list of recording artists that would be performing and how many people would be patrons for this type of concert. Mr. Smith stated 400 -500 could be seated comfortably and they would be paying $75 -125 a ticket. Commissioner Mosher's concern was whether it would be economically feasible to have some of the groups. Mr. Smith stated he had received a great deal of support from the entertainment industry. 14. Commissioner Dowd again stated her concern about there being a market and enough community participation to support this type of project. Mr. Smith again stated the results of the studies he had conducted showed that the market was available. 15. Chairperson Steding closed the public hearing and opened the ,matter for Commission discussion. PCMIN5 -28 3 16. Commissioner Mosher asked the Commission how they felt regarding further review of the Highway 111 Specific Plan policies in regard to the legalities based upon the report of Staff. Would there be a potential problem legally in denying this project. Planning Director Jerry Herman clarified that the Planning Commission would make the final decision regarding the approval of the project and the City Council only received the matter as a report of action or if an appeal was made by the Applicant. In regards to the Highway 111 Specific Plan it is a draft policy only and the decision to deny the project must be denied based on General Plan policies and any inconsistencies with a potential Highway 111 Specific Plan. 17. Commissioner Barrows asked if the Applicant's best option would be to return with a project that incorporated the adjacent parcel with a major commercial facility. Planning Director Jerry Herman stated he had the option to appeal the Planning Commission decision to the City Council should the Planning Commission deny the project. Discussion followed as to the Applicant's options and different uses of the property. 18. Commissioner Ladner stated she felt the project was beautifully designed but did not feel it, would be a good. use for the community and did not feel there was a market for the project. In addition, it is a single use building and throughout the Valley these uses have not been able to last. 19. Chairperson Steding stated her concerns at the previous informal discussion of the project were the crime element and there being a market for this type of project. She still had a concern regarding alcohol abuse, but of greater concern was the lack of a market for this project. 20. There being no further discussion Commissioner Mosher moved to adopt Minute Motion 91 -015 denying Plot Plan 91 -457 based on the Analysis in the report and the testimony expressed at this meeting. Commissioner Ladner seconded the motion. ROLL CALL VOTE: AYES: Commissioners Dowd, Mosher, Barrows, Ladner, & Chairperson Steding. NOES: None. ABSENT: None ABSTAINING: None. C. Tentative Tract 26281; a request of Ray . Troll to subdivide 14 gross acres into 52 single family lots. 1. Chairperson Steding opened the continued public hearing and as no one wished to comment on the subject; it was moved by Commissioner Dowd and seconded by Commissioner Mosher to continue the matter to July 9, 1991, at the request of the Applicant. PCMIN5 -28 ROLL CALL VOTE: AYES: Commissioners Dowd, Mosher, Barrows, Ladner, & Chairperson Steding. NOES: None. ABSENT: None ABSTAINING: None. D. Tentative Tract 26769; a request of Qualico to subdivide 20 gross acres into 14 single family lots. 1. Planning Director Jerry Herman presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Chairperson Steding opened the public hearing. Mr. Pat Chiasson, Applicant, addressed the Commission regarding Condition #4 to require a Sunline Bus turnout when the bus line does not service this area yet. 3. Commissioner Dowd inquired of the Applicant what the price range would be for this development. Mr. Chiasson stated they would be $200 - $245,000. 4. Mr. Bob Kull, 54 -721 Monroe Street, neighbor, stated how he liked the larger lots. His concern was regarding the lifestyle he and others in the area now enjoyed raising and training horses. He asked the Commission to consider the need to maintain and establish trails to get around without utilizing streets. He further stated the need to have the Equestrian Overlay zoning in place as soon as possible. 5. Commissioner Ladner stated Mr. Kull's property was an asset to the community and the City did need to address those in the community who own horses. Discussion followed regarding zoning and the Equestrian Overlay. 6. Ms. Carol Herrera, 54 -711 Monroe, addressed the Commission regarding her concern to preserve property in this area as horse property. She stated people were concerned that they would lose their right to have horses. 7. Chairperson Steding asked the Developer if he had any objection to the horses. Mr. Chiasson stated they did not. They felt it was an asset to his development. He would like to use it as part of his advertising. 8. Planning Director Jerry Herman asked the Developer if he had any objections to his property being included in the Equestrian Overlay. Mr. Chiasson stated he had no objections as long as he could restrict them from his property through the CC & R's. Chairperson Steding asked Mr. Chiasson. if he planned to notify future buyers that horses are next door. He stated he would. PCMIN5 -28 9. There being no one else wishing to address the Commission, Chairperson Steding closed the public hearing and opened the matter for Commission discussion. 10. Commissioner Dowd questioned the legality of CC & R's being able to restrict horses. She felt the CC & R's must conform to City Ordinances. Staff would check into the matter. 11. - Commissioner Mosher inquired how many horses are allowed per acre. Planning Director Jerry Herman stated what the current zoning would allow verses what would be allowed with the Equestrian Overlay and stated City Staff was in the process of processing an Overlay zone for this area. Discussion followed as to the permanence of the zoning. 12. There being no further discussion, it was moved by Commissioner Mosher and seconded by Commissioner Barrows to adopt Planning Commission Resolution 91 -011 recommending to the City Council concurrence with the Environmental Analysis and approval of Tentative Tract 26769 subject to the attached conditions. ROLL CALL VOTE: AYES: Commissioners Dowd, Mosher, Barrows, Ladner, & Chairperson Steding. NOES: None. ABSENT: None ABSTAINING: None. 13. Commissioner Barrows moved and Commissioner Dowd seconded the motion to reconsider action on Tentative Tract 26769. The motion passed unanimously. Planning Director Jerry Herman gave the options that were available to the Commission regarding the Sunline bus turnout. Chairperson Steding asked who was responsible for the maintenance of the turnout. Planning Director Jerry Herman stated it technically would be the responsibility of the City. 14. The Planning Commission felt this requirement could be imposed at a later date on a larger project. Commissioner Ladner moved to strike the condition requiring the Sunline bus turnout from the Conditions of Approval. Commissioner Mosher seconded the motion. ROLL CALL VOTE: AYES: Commissioners Dowd, Mosher, Barrows, Ladner, & Chairperson Steding. NOES: None. ABSENT: None ABSTAINING: None. PCMIN5 -28 IV. PUBLIC COMMENT: Ms. Audrey Ostrowski, P. O. Box 351, La Quinta addressed the Commission regarding zoning of commercial property. She expressed her concern that 'if commercial property was downgraded by the City then the City must pay the landowner the difference. V. BUSINESS SESSION A Tentative Tract 24197; a request of Triad Pacific Development Company for approval of a one year time extension for a 234 single family residential lot subdivision on 74+ 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. There being no discussion it was moved by Commissioner Barra and seconded by Commissioner Dowd - to adopt Planni Commission Resolution 91 -012 to recommend to the City Coun approval of the first extension of time subject to the origh conditions. Unanimously approved. BREAK Chairperson Steding adjourned the Commission for a break. The Commission reconvened at 9:31 P.M. B. Draft EIR's for Specific Plans 90 -015, 90 -016, 90 -017; a request of Landmark Land for solicitation of Planning Commission inquiries and invitation of Planning Commission review of draft EIR's. 1. Associate Planner Wallace Nesbit presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Dowd questioned how the horses in the area would affect the environmental concerns. Planning Director Jerry Herman stated he would have the EIR address this issue. She further inquired why reclaimed water was not being used. Commissioner Barrows concurred and stated she understood the economics of this was prohibitive, but it should be studied. 3. Commissioner Barrows asked that the Applicant look into some of the more innovative water usage (reduced turf course designs) ideas that were being implemented on some of the golf courses. She further asked that the the issue of traffic be considered. The Commission needed to consider the long term affect of the amount of traffic that would be inundating the community due to the number of units being planned. Air quality will ibe deteriorating and alternative methods of transportation should be considered such as golf carts being used as a means � of transportation within the projects themselves. In addition, the loss of agriculture land is a concern. PCMIN5 -28 7 e 4. Discussion followed as to use of golf carts on public and private streets and the possibility of tunnels connecting residences with the commercial uses within a project. Commissioner Dowd stressed her concern that the Commission address these environmental concerns such as water and air quality as a whole not by individual projects. 5. Commissioner Dowd asked that the issue of how trash can be handled for the rental units be addressed in the EIR. There needs to be a temporary storage facility for trash collection. In addition, she reminded the Commission of the problem of restrooms for gardeners /maintenance workers. 6. There being no further discussion Chairperson Steding instructed Staff to schedule the matter for public hearing on June 25, 1991. VI. CONSENT CALENDAR Approval of Planning Commission Minutes of May 14, 1991. Commissioner Mosher asked that Page 2, Paragraph C, second sentence be clarified regarding the height requirements. Commissioner Dowd stated that on Page 3, Paragraph 8, the last word should be telephone poles. Commissioner Mosher asked that the wording be utility poles. There being no further corrections, it was moved by Commissioner Ladner and seconded by Commissioner Dowd to approve the Minutes of May 14, 1991, as corrected. Unanimously approved. VII. OTHER -None Planning Director Jerry Herman informed the Commission that the City Council would be dark during the month of August and asked what the Commission wished to do. Commissioner Mosher stated the Commission would leave it to the discretion of Staff. If there was a need the Commission would meet. Chairperson Steding informed the Commission that the meeting of June 25, 1991, would be a joint meeting with the City Council. Therefore the Commission would meet at 5:00 P.M. to hear Planning Commission items at City Hall and jointly with the Council at 7:00 P.M. at the Multi- purpose room at the La Quinta Middle School. i VIII. ADJOURNMENT i A motion was made by Commissioner Mosher and seconded by Commissioner Barrows to adjourn to a regular meeting on June 11, 1991, at 7: 00 P.M. in the La Quinta City Hall, 78 -105 Calle Estado, La Quinta, California. This meeting of the La Quinta Planning Commission was adjourned at 9:56 P.M. PCMIN5 -28 8 CONDITIONS OF APPROVAL - APPROVED PLOT PLAN 91 -457 J. PAUL SMITH AUGUST 11, 1992 * Amended by City Council 7 -16 -91 + Amend by Planning Commission 8 -11 -92 GENERAL CONDITIONS OF APPROVAL: 1. The development of the property shall be generally in conformance with the exhibits contained in the file for Plot Plan 91 -457, unless otherwise amended by the following conditions. 2. The approved plot plan shall be used within one year of the final approval date. Otherwise it shall become null and void and of no affect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not included grading which is begun within the one year period and is thereafter diligently pursued until completion. 3. Exterior lighting for the project shall comply with the "Dark Sky Ordinance" lighting ordinance. Lighting plans shall be approved by the Planning and Development Department prior to issuance of building permits. All exterior lighting including buildign lighting shall be provided with shielding to screen glare from adjacent streets and residential properties to the satisfaction of the Planning and Development Department. Parking lot light standards shall be a maximum 30 feet in height. * +4. Nightclub shall be operated as proposed in "The City Planning and Council committees work/study package ", and according to the provisions of Chapter 5.12 (dances) of the City of La Quinta Municipal Code, on file in the Planning and Development Department. Any deviations of operation determined to be minor may be approved by the Planning Commission. Any major deviations or changes in operation shall only be allowed if approved by the City Council. This includes the "curb to curb ride service ". 5. Comprehensive sign program for the facility shall be approved by the Design Review Board and Planning Commission prior to issuance of a building permit. 6. 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. CONAPRVL.014 1 CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 At a minimum, the plan shall: (1) identify the means for digging test pits; and (2) provide for further testing if the preliminary results show significant material 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 diver, redirect, or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation, or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recovery, the Developer shall cause three copies of the final report containing the data analyses to be prepared and published and submitted to the Planning and Development Department. 7. Prior to issuance of a building permit for construction of building contemplated by this approval, the Applicant shall obtain permits and or clearances from the following agencies: o City Fire Marshal o Caltrans 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 and Safety Department at the time of application for a building permit for the use contemplated herewith. CONAPRVL.014 ea CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 Deleted Y. • • i :• i i • �i • i 9. Provisions shall be made to comply with terms and requirements of the City's adopted infrastructure fee program in effect at the time of issuance of a building permit. +10. Preliminary and final landscaping plans shall be reviewed and approved by the Design Review Board prior to issuance of a building permit. Desert or native plant species or drought resistent planting material shall be incorporated into the landscape plans. Emitter or drip irrigation (excluding spaghetti tubing) shall be incorporated into irrigation system design wherever possible. All tree sizes shall be a minimum of 24 inch box size or 2 -1/2 inch caliber (measured 24 inches above root ball) and all Palm Trees -shall be a minimum 12 feet in height (brown trunk). The plans submitted shall include,the acceptance stamps and signatures from the Riverside County Agricultural office and Coachella Valley Water District. Short decorative screen walls shall be provided along Adams Street and Highway 111 unless the Applicant can assure the Planning and Development Department that adequate berming will be provided to screen the parking lot surface area from view of the streets. Perimeter landscaping shall be installed first. Wildflowers shall be planted on the undeveloped pad. + 11. Handicapped access, facilities, and parking shall be provided per State and local requirements, and those of the American with Disabilities Act. Future building shall be reviewed by the Design Review Board, Planning Commission, and City Council in a manner which is the same as the original plot plan approval. 12. 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 erosion and dust control. The land owner shall institute blowsand and dust control measures during grading and site development. These shall include but not be limited to: A. The use of irrigation during any construction activities; B. Planting of cover crops or vegetation upon graded but undeveloped portions of the site; and, CONAPRVL.014 3 CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 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 Directors of Public Works and Planning and Development. All construction and graded areas shall be watered at least twice daily during construction to prevent the emission of dust and blowsand. 13. Prior to issuance of any land disturbance permit, the Applicant shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat Conservation Program, as adopted by the City, in the amount of $600 per acre of disturbed land. 14. A noise study shall be prepared by a qualified acoustical engineer and submitted to the Planning and Development Department for review and approval prior to submission of building plans for plan check or issuance of grading plans, whichever comes first. The study shall include on site noise created within the building to ensure that noise impacts to adjacent properties the adjacent properties will not be created. Exterior doors shall not be left in an "open" position during hours of operation. 15. Prior to the 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 and mitigation measures of PP 91-457 and EA 91 -191 which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the Applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with those conditions of approval and mitigation measures of EA 91 -191 and PP 91 -457 which must be satisfied prior to the issuance of a building permit. Prior to final building inspection, the applicant shall prepare and submit a written report to the Planning and Development Director demonstrating compliance with all remaining conditions of approval and mitigation measures of EA 91 -191 and PP 91 -457. The Planning and Development Director may require inspection or other monitoring to assure such compliance. 16. Parking lot striping plan, including directional arrows, stop signs, no parking areas, parking spaces shall be approved by the Planning and Development Department and Engineering Department prior to issuance of a building permit. 17. Self parking area as shown on submitted exhibit shall be provided and accessible to patrons at all times at no cost. 18. End parking spaces shall be 11 feet wide as required by Municipal Code. 19. Two -way driving aisles that also used for back up shall be 26 feet wide as required by Municipal Code. CONAPRVL.014 CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 20. The Applicant shall reserve an area for vehicular access to the properties to the south and east as needed when those properties develop. Determination as to location shall be determined by the City. The Applicant shall provide, prior to issuance of a building permit, a bond in an amount sufficient to ensure that a maximum two future accesses to the east and south are provided and constructed by the Applicant/operator, as required by the City. An easement to allow vehicular cross access between the subject property and properties to the east and south shall be recorded when it is determined that cross access is necessary, to the satisfaction of the City. *21. Trash enclosures shall be large enough to accommodate two standard size trash bins as required by Waste Management of the Desert and placed in a location which is visually screened from view. 22. Food service shall be made available to all patrons throughout the evening during hours of operation. 23. Applicant shall obtain permit from City Manager as required by Municipal Code Chapter 5.12 (Dances), prior to issuance of a building permit. Hours of operation shall be in compliance with Chapter 5.12 (Dances). This Chapter does not permit operation of a public dance hall between the hours of 2:00 A.M. and 8:00 A.M. Deleted iwt A *25. All dancing and /or club activities shall be conducted indoors, unless otherwise approved by City Council. *26. Prior to club opening, operator shall enter into an agreement with the Sheriffs Department to provide extra duty police personnel on a permanent contractural basis. The number of personnel to be determined by the Sheriffs Department or other City approved agency. FIRE MARSHAL'S CONDITIONS: 27. Provide or show there exists a water system capable of delivering 3000 gpm for a three hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. CONAPRVL.014 5 CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 28. 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. The required fire flow shall be available from any adjacent hydrant(s) in the system. 29. Prior to issuance of a 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 ". 30. One way lanes shall be a minimum 16 feet wide. 31. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 32. 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. 33. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2AlOBC in rating. Contract certified extinguisher company for proper placement of equipment. 34. Comply with Title 19 of the California Administrative Code. 34. Install Panic Hardware and Exit signs as per Chapter 33 of the Uniform Building Code. 35. Certain designated areas will be required to be maintained as fire lanes. ENGINEERING DEPARTMENT CONDITIONS: 36. 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. Highway 111 - per Caltrans requirements; probably 80 foot half width; B. Adams Street - Primary Arterial, 55 foot half width plus slope easement if needed; CONAPRVL.014 6 CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 37. The Applicant shall vacate vehicle access rights to Highway 111 and Adams Street from the site except as specifically provided in these Conditions of Approval. 38. 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. Highway 111 - no access shall be permitted. B. Adams Street - 310 feet or more south of the south curb line of Highway 111, the driveway width shall be as approved by the City Engineer with turning movements limited to right turn in and out only. 39. The Applicant shall provide a fully improved landscaped setback lot of noted width adjacent to the following street right- of- way(s): A. Highway 111 - 50 feet wide B. Adams Street - 20 feet wide No slope in the landscaped lot shall be steeper than 6:1. 40. The Applicant/owner shall be responsible for the maintenance and continued upkeep of the landscape setback lot and parkway area adjacent to the roadway along the segments of Highway 111 and Adams Street that are contiguous to the site boundary. 41. Landscape and irrigation plans for the landscaped lot(s)shall be prepared in conformance with requirements of the Planning Director, and City Engineer, and approved by same officials prior to construction. 42. 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. 43. 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. 44. 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 with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by CONAPRVL.014 7 CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 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. 45. 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, or piped to the Whitewater Channel. 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. 46. 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 square feet of landscaping. 47. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with the grading plan. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and /or 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. 48. 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 (LQMC) and adopted Standard Drawings, the City Engineer and Caltrans where applicable 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. CONAPRVL.014 8 CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 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 tract boundaries and join the widened section to the unwidened street section. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: * A. Highway 111 (Adams Street centerline to easterly site boundary) - Install half -width highway improvements per Caltrans requirements and La Quinta General Plan. B. Adams Street (Highway 111 centerline to Avenue 47 centerline) - The Applicant is responsible for the cost and installation of one -half of the Primary Arterial improvements (110' right of way option) refer to La Quinta General Plan Figure VII -2. A street configuration that provides two -way traffic and aligns with the pavement to the north of Highway 111, and reasonably anticipates and conforms to the future ultimate General Plan improvements, may be approved by the City Engineer in lieu of the traditional 'one -half of everything on one side of the centerline. The Applicant shall provide 100% of the initial cost participation as needed to complete the interim facility and may seek reimbursement when the land on the southwest corner of Highway 111 and Adams Street is developed, for costs in excess of 50% and of the combined total cost to construct the interim and ultimate improvements. 49. The Applicant shall participate in the cost, noted as follows, of designing and installing traffic signals at the following locations: A. Highway 111 at Adams Street, 100% initial participation if needed, subject to 75% reimbursement from the City when the northwest corner is developed. 50. The Applicant shall construct a meandering sidewalk in the parkway and landscaped setback lot along Highway 111 (8 -foot wide) and Adams Street (6 -foot wide). 51. The Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. 52. 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.014 9 r CONDITIONS OF APPROVAL Plot Plan 91 -457 August 11, 1992 53. 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. 54. 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. 55. 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 has historically received flow for those occasions when a storm greater than the 100 -year 24 -hour event occurs. 56. 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 is undertaken and accomplished by the City. 57. The Applicant shall design and construct the parking lot in accordance with the L.Q.M.C. Off -Street Parking ordinance. 58. Applicant shall install traffic signal at Highway 111 at Adams Street prior to opening the intersection for traffic. All traffic on Adams Street shall obtain access via Avenue 47 until the traffic signal at Highway 111 and Adams Street is installed. PUBLIC UTELITIES: 59. All conditions of Caltrans shall be met. 60. All conditions of Sunline Transit shall be met. 61. All conditions of Coachella Valley Water District shall be met. CONAPRVL.014 10 RU WrW 78 -105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 5642246 FAX (619) 5645617 July 25, 1991 Mr. J. Paul Smith 44100 Monterey Avenue, Suite 216 Palm Desert, CA 92260 SUBJECT: PLOT PLAN 91 -457 Dear Mr. Smith: This is to inform you that the City Council at their meeting of July 16, 1991, approved your request for a dance night club, subject to conditions. A copy of these conditions are attached for your use. If you have any questions, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR hwin Stan B. Sawa Principal Planner SBS:ccs cc: Engineering Department Urrutia Architects MAILING ADDRESS P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 LTRSS.004 /BJ r: � ,� � 1 � 1 RIVERSIDE COUNTY COIS BYRD, SHERIFF July 10, 1992 r' Mr. Stan Sawa City of La Quinta Planning & Development 78105 Calle Estado La Quinta Re: Plot Plan 91 -457 Dear Mr. Sawa: • �1 e 82 -695 DR. CARREON BLVD. • INDIO, CA 92201 • (619) 342 -8990 J!! L 1 4 1992 GiTV ryr ij? The Sheriff's Department has no objections to the project extension referred to above. Sincerely, COIS BYRD, SHERIFF O Ronald F. Dye, Captain Indio Station CB: RD: gt July 5, 1992 Stan Sawa Senior Planner The City of La Quinta 78 -105 Calle Estado La Quinta, CA 92253 Re: PLOT PLAN #91-457 REQUEST FOR A ONE YEAR E %TENSION Dear Mr. Sawa, E 0 1997 PG 0UIIEP,d R4, MAENT This correspondence is to inform you that we, as owners of the related land parcel, have no objection to Paul Smith pursuing a one year extension of the subject plot plan which was approved by The La Quinta City Council on July 16, 1991. Sincerely, William onen Trustee, The Juvonen Family Trust IMPtRIAL IRRIGATION D 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 City of La Quinta Development Review Committee 78 -105 Calle Estado La Quinta, Calif. 92253 Dear Sir: July 5, 1991 Subject: Plot Plan 91 -457 (J. Paul Smith). REM, v �u JUL 1 I qap, CITY 0 Lei VUINTA °LAIMING & DEVELOPMU DEPT In response to your letter dated February 22, 91, please note that a preliminary assessment of the proposed project has been completed. It is the District's intention to relocate the existing 92kV pole line which is located at 29 feet east of the center line of Adams Street to the west side of Adams Street. Electrical service for this project would be provided from the relocated pole line and an underground duct and vault system to be constructed (by developer) on the east side of Adams street. Due to the lack of information, we are unable to develop an underground electrical plan to serve the project. However, we believe that the installation of a major underground duct system will be required on the south side of Highway 111. Based upon the information provided, it has been determined that the project will impact the District's power system and surrounding customers. The effect of the additional electrical demand on the District's existing facilities at peak loading periods will result in the need for additional generation, transmission, substation and distribution facilities, which would impact future power rates in the District's service area. The availability of power service and future power supply to the project is contingent upon the system capacity at the time service is required. Any prior verbal or written inference to service or future service availability having been implied is not a guaranty of same, but rather a declaration of intent to provide service, subject to the system capacity at the time service is requested. J City of La Quinta -2- July 5, 1991 If you should have any questions regarding this matter, or if I might be of some assistance, please advise. CLQSMITH.LTR Yours very truly, THOMAS G. HILL Superintendent, Distribution Coachella Valley Division June 26, 1991 Ron Kiedrowski City Manager The City of La Quinta 78 -105 Calle Estado La Quinta, Ca 92253 Re: OUR MEETING HELD JUNE 25 Dear Mr. Kiedrowski, Thank you for meeting with issues that I currently face QUINTA (Plot Plan # 91 -457). On your suggestion I which the conditions for me to review. "relatively assured" time to evaluate appropriately. have for He date the THE TERRACE CLUB AT LA QUINTA a desert resort amenity la quinta, california me yesterday and discussing some of the with regards to THE TERRACE CLUB AT LA contact, approval set a of July impact ad Mr. Sawa and requested a date for of the subject project will be ready "try for" date of July 8, and a 10. This should give me sufficient of those conditions and respond I will reiterate here, the same comments I made to you and Mr. Sawa in our different conversations, that I would very much appreciate the opportunity to be involved with the condition setting if you feel it appropriate, so that we can resolve any small issues that might surface before this comes in front of the City Council for consideration on July 16. Finally, at this time I would like to know if there is anything I have not done, that would be considered legally or ethically appropriate to do, in the bringing of this project to The City of La Quinta for consideration. I am confident, that after having met with me, personally and through the City Council presentation on June 18, you understand that my effort has been to do everything within my power to involve the City Leaders in bringing to La Quinta an establishment that we can all be proud of. And I want to make sure that as a result of naivete or oversight, I have not performed when I should have, or have done something that is currently being considered as inappropriate by those who are involved in this process. If I do not receive a response, I will assume that my effort in this process has been beyond reproach. Again, thank you very much for your time spent on this project. Sincerely, J. Paul Smith cc: Stan B. Sawa 44 -100 monterey ave. suite 216, palm desert, california 92260 office: (619) 568 -0879; fax: (619) 568 -9339 � S� ``c� ,._i ,�. . �4 -• ,, ;� ,. a � S� ``c� ,._i ,�. . �4 -• ,, ;� ,. JUN 19 '91 16:52 r`►'' r STUDIO WEST PROJECT 44 -100 MONTEREY AVENUE, SUITE 216 pALM DESERT* CALIFORNIA 92260 OFFICE: (619) 566 -0879 FAX: (619).568 -9339 PAGE .001 TRANSMITTAL FOAM Darts sari /15 �_. Number of Pages, lndudFna Time Berm Pax t: S &t7 this Comer page: a FROM Dept Phone: '� Y"O � a .,, June 19, 1991 Jerry Herman Planning & Development Director Stan. a. Sawa Principal Planner The City of La Quinta Planning & Development Department 78 -105 Calle Estado La Quinta, Ca 92253 Re: PLOT PLAN 91 -457 . TKX TERRACE CLUB AT LA QUI.PTA Dear Mr. Herman and Mr. Sawa, Extended Page 1.1 rif 'Of*g JUN 20 1991 U� LR gUtWA PLANNING & DEVELOPMENT DEPT Based on the action taken by the La Quinta City Council last night regarding the subject project I will make myself very available to meet on the formulation of acceptable conditions of approval. Frank Urrutia will also be available upon reasonable notification. Please contact me when you identify a good time to meet. Thank you for your attention to this matter. sin cerei , J. Paul Smith Sent by fax only. cc: Frank Urrutia 44 -100 m atexvy ave. vuite 216, palm davar6, valifornia 9ZZ69 office: (619) 568 -0879; fax: (619) 568 -9339 ** TOTAL PAGE.001 ** y -a 0 0 D California's Prestige Magazine 303 NORTH INDIAN AVENUE, P.O. BOX 2724, PALM SPRINGS, CA 92263 (619) 325 -2333 June 13, 1991 Honorable City Council Members c/o La Quinta Planning Department 78105 Calle Estado La Quinta, CA 92253 Honorable City Council Members: JUN 17 199i UTY tit LA VUIN A PLANNING & DEVELOWNT DEPT_ This letter is to let you know that I support the Terrace Club at La Quinta that Paul Smith is proposing for the Highway 111 and Adams Street intersection in La Quinta. The club as proposed, would add a revenue - producing attraction to the City of La Quinta, drawing on the tourist base from major hotels and permanent residents from Palm Desert, Bermuda Dunes, La Quinta and other surrounding communities. It would enhance the night time entertainment scene in La Quinta, offering needed live entertainment and dancing geared toward an older (30 -50 year -old) market. In my opinion, Paul Smith's proposed night club is one of many exciting attractions needed to make La Quinta a more favorable tourist and residential destination. Thank you for your strong consideration of this project. ✓�. erely, ulie Rogers g ��J r t June 12, 1991 Honorable Members of the La Quinta City Council c/o La Quinta Planning Department 78 -105 Calle Estado La Quinta, Ca 92253 Re: PLOT PLAN 91 -457 THE TERRACE CLUB AT LA QUINTA THE TERRACE CLUB AT LA QUINTA a desert resort amenity la quinta, california CEW JUN 13 1949 (,81 V Uo— LA quoN fA PLANNING & DEVELOPMENT DEPT. Honorable Members, On May 28 the La Quinta Planning Commission denied the approval of the subject project and an appeal public hearing has been set for the June 18 City Council meeting. This communication is to address the concerns of the Planning Commission which resulted in their action on May 28, and to clarify some misconceptions that went unaddressed as they were discussed by the Commissioners after the Public Hearing portion of the meeting was closed. The six primary areas of concern and the seven findings that acted as a basis for denial by the Planning Commission were listed in the Planning Department's report to the City Council on June 4, and are attached to this letter for reference. First let me address the six areas of concern listed: 1) My understanding of the reasons Captain Doyle withdrew his previous objections to the operations of the project were stated quite clearly during the meeting. Initially Captain Doyle had a misconception of the type of operation that we wish to run. Based on the cover letter written by the Planning Department which, in my opinion., inappropriately indicated concerns of the place turning into a Strip Tease type operation, Captain Doyle believed that the applicant was attempting to bring a "sleeze factor" to the City of La Quinta. After meeting with Captain Doyle personally and reviewing the operations, his familiarity with me as the operator and the upscaleness of the ambiance, combined with the Safety and Security Program that we jointly designed at that meeting, gave him a comfort level that this amenity would not be a safety hazzard to the community. 44 -100 monterey ave. suite 216, palm desert, california 92260 office: (619) 568 -0879; fax: (619) 568 -9339 10 � THE TERRACE CLUB AT LA QUINTA a desert resort amenity la quinta, california Again, the aforementioned is my view of why Captain Doyle removed his objections, but if the Planning Commission had further questions, I would have thought that they would continue the hearing until such time that they could get further clarification from Captain Doyle. This they did not do. 2) The issue of "sufficiency of proposed food service" was only questioned by the commissioners. No findings were presented that would support a theory that the food concept was insufficient to accomplish its purpose. It was presented, however, that the Riverside County Sheriff's Department believed that it was sufficient. And it is important to note here that the operations of the nightclub will run from approximately 9:00 pm to 2:00 am. It is safe to assume that the patron base will have already had dinner before they arrive. This is no different than any restaurant that also offers entertainment in the evenings. A restaurant, such as the Rusty Pelican in Palm - Desert or Cunnards in La Quinta, would commonly close their dinner service around 9:30 or 10:00 pm and the focus of their operations would move to their entertainment area, commonly their lounge. In fact, our concept is to offer food all night long, to all patrons who desire it. That is a more favorable treatment than currently allowed to exist in established dinner /entertainment amenities. 3) The issue of "potential future use of the building" was also clearly addressed as to its possibilities. The discussion focused around the fact that investors do not spend $5,000,000 on a sophisticated entertaiment amenity only to allow it to operate as something much less. Not only would the use of the facility as a "roadhouse" mean certain economic collapse (as the profitability of that type of operation would require a far less initial investment to be economically feasible), but the approvals for an operation such as that are in the hands of the City Leaders anyway. Therefore, it isn't something to be afraid of. Rather, it should be something that the City Leaders help develop through the use of appropriate conditions being set. That way, a facility will be made available to meet the entertainment demand established by the growing tourist and business trade, while not becoming incompatible with The City's desired goals. 4) The "marketability of the project" was questioned in some detail. The Commission asked if a study had been performed. My response was that a market analysis had been performed and that it would be made available the next morning upon a Commissioner's request. Then I proceeded to outline the approach that the market analysis took and the JUN 1.3 1Qw 44 -100 monterey ave. suite 216, palm desert, ca �cyrwraLA 80TA l office:. (619) 568 -0879; fax: (619) 5g#44 AnEvEL6PMFNTnEP7. i �� rqj t� THE TERRACE CLUB AT LA QUINTA a desert resort amenity la quints, california projected results that occured from the information gathered. No follow -up questions were asked on that discussion. The analysis was not requested by The Commission: No findings were offered to suggest that a market did not exist for the project's intended use. But The Commission sought to deny the project without requesting follow -up marketing analyses to be submitted. One final note on this subject. In a market economy such as ours, especially in today's tight-money markets, you can be assured that investors in this project have, and will continue to require sufficient market information to demonstrate the project's success orientation before they place $5,000,000 of their hard earned money at risk. 5) The issue of "potential criminal activities surrounding the use due to patronage" was clearly addressed by the Safety and Security Program developed by the Riverside County Sheriff's Department, in which they felt complete comfort with. Again, there were no findings presented by any group that would indicate that the issue was not addressed properly. 6) The issue of "conformance to the General Plan" was also addressed in detail. The zoning in the General Plan for this parcel is ".CPS" (Senic Highway Commercial) and lists as "specific uses allowed" (versus "conditional uses allowed ") "cocktail lounges" and "dancehalls." The only inconsistency pointed out by the Planning Department was the parcel's size (4.5 acres) in'relation to the desired size of commercial development along Highway 111 (not less than 20.0 acres). The "desired size" was originated from "policy framework" established to develop a Specific Plan for Highway 111. This policy framework was developed some three years 'ago, and then only discussed in Planning Commission and City Council "study sessions" some two and one half years ago. Since that time, no Specific Plan has been developed for the commercial corridor, and no formal policy or plans have been adopted as law to move in that direction. Accordingly, I do not see any inconsistencies with the proposed use of the project as it relates to the current General Plan authority. I must note here that the whole concern related to allowing smaller "shallow development" projects is how they would impact the corridor's appearance and traffic circulation off of Highway 111. The City of La Quinta does not want another Cathedral City situation and I am in complete agreement with them. We therefore designed 'our access to Adams street only, and designed the site plan to easily blend in with surrounding development in the future, so that the project could appear as if it were part of a much larger complex. And we further agreed to RFC Ojk JUN 13 1°Q' �-� NTA 44 -100 monterey ave. suite 216, palm desert, cal f rni &VEL, EPT. 619 �8 � A office. (619) 568-0879;- fax: ( ) 5 THE TERRACE CLUB AT LA QUINTA a desert resort amenity la quinta, california all conditions related to these issues that the Planning Department discussed in a preliminary meeting in the event that the project would be conditionally approved. Although a presentation of this concept was made to the Planning Commission, no responses, questions or rebuttals were offered as to why this would not work. Now I must address the seven specific findings that were the basis for the Planning Commission's denial: 1) In my opinion, the Commission did not give a reasonable opportunity for me to present additional market information that currently exists, and that was offered to them as discussed in No. 4 of the "Concern Issues" above. In addition, I would be happy to supply a Market Study that specifically addressed issues developed by the community leaders if it were offered as a condition of approval. However, I would not feel it appropriate for The City to request such a study to be performed if they intend to deny the project on issues unrelated to its marketability, i.e. the size of the parcel in relation to desired parcel development. 2) I am confused as to the ability to base decisions on conceptual discussion rather than authoritative law. The General Plan is clear as to its allowed uses for this parcel, and nothing contrary to the General Plan has been adopted as law in the mean time. Although I believe in the goals of the "policy framework" that have been discussed as to the development of a Specific Plan for Highway 111, and we designed the project to conform to those standards as best we could given the restricted space that we had to work with, I can't believe that this potentially $8,000,000 top notch tourist amenity (including the proposed supper club) strays from one of the main goals of the community as a whole, i.e. to promote solid entertainment facilities for its ever growing tourist and business trade. 3) This finding seems to suggest that it has been determined that the limitations placed on food service (because of off- premise preparation) will result in insufficient consumption ability by the club patron, and therefore, will not properly curb the impact of alcoholic consumption through the course of the evening. First and foremost, our nightclub would be a responsible business entity in the community that offers entertainment to those who seek it. The sale of food and beverage is only offered as an additional means for the patron to enjoy themselves. Operating proformas clearly establish that revenues generated from admission and membership fees, JUN 13 100' y o�l ��9kv ' ����� 44 -100 montere ave. s568e0879 • pafaxdes desert, calif � � �FwtnE office: ( ) , / THE TERRACE CLUB AT LA QUINTA a desert resort amenity la quinta, california without regard to patrons' food and beverage intake, constitute the majority of the business. Second, this establishment will not be a place where patrons will be required to consume minimum amounts of alcohol or restricted to some ceiling of food consumption. They will be able to eat and drink as they see appropriate, and they will be expected to act responsibly in this regard. And if problems arise as a result of patrons not using appropriate discretion, the club has a Safety and Security Program designed to handle those problems. This standard of operation goes far beyond those implemented in currently existing establishments in your community. 4) With regards to the "incompatible uses" issue, there were no findings of incompatible use with the surrounding approved or proposed uses (i.e. conflicts with a planned hospital or automotive use) except for the size of the development which of course is restricted by the size of the parcel. And there were no negative responses from any of the city agencieg, or from the neighboring parcel land owners that we were required to notify as part of the application process. Which leads me to believe that the sole incompatibility eluded to .,here is the parcel's size- in relation to the desired size for commercial development which has already been discussed in No. 6 of the "Concerns Issues" above. 5) With regards to this issue, only one Planning Commissioner went on record as not believing this concept would be an asset to the community but gave no reasons why. Of the other four Commissioners, they stressed lack of marketing support and incompatible uses as their main concerns. For the record, not one other Commissioner took a position on the "good or bad asset for the community" issue verbally. 6) The "noise issue" was another area where testimony by the architect and the applicant dispelled the notion that noise would be a factor. And some of the Commissioners were on record as stating that they believed this issue could be addressed, I guess as a condition for approval. There were no findings presented that refuted the ability of this issue to be handled as a construction design and fabrication answer to recommendations of a sound study. One that would be performed as a condition for approval of the project. 7) The issue of how the General Plan incorporates a Highway 111 Specific Plan by reference is incredibly grey. So much so that, in my opinion, a private party land owner could not be fairly treated if they were required to wait until a Specific Plan was developed sometime in I EC JUN 13 1dm' 44 -100 monterey ave. suite 216, palm desert, ca1QJ-6Yrg� -aI L Y'WTA office: (619) 568 -0879; fax: (619) 56aWofn, RiDEVELOWNT0EP1 THE TERRACE CLUB AT LA QUINTA a desert resort amenity la quinta, California the future, then forced to develop that specific use or sell to the highest bidder. Although I understand the goals of the community, this is America, and private party land owners have rights restricted only by current governing law, which is what I have pursued from the beginning. I am not asking for concessions, only fair treatment. To conclude this letter of appeal, notwithstanding the discussion herein, I sense a lack of desire for the project by the City Leaders. I make that comment because given the issues expressed by the Planning Commission debated head -on, it appears to me that they are looking for reasons to deny based on some ilbegotten impression of the project, rather than evaluating it objectively on the merits that have been presented. Honorable Council Members, this is potentially an $8,000,000 entertainment amenity that has been proposed with the vigor of conviction. The concept use is not in conflict with current governing law in my opinion, and the remaining concerns formulated by the Planning Commission are entirely mitigatible through the process of conditional approval. It has the blessings of such community leaders as your own Chamber of Commerce, the Riverside County Sheriff's Department, and the President of the largest residential developer of your city to date. One that has had the greatest influence on why La Quinta has the reputation it enjoys today. That person of course, is Jack Conlon of Sunrise Company. Please don't decide this appeal based on some intrinsic emotion that is festered when thinking of other dance establishments that you are familiar with. Decide the issue by making an objective examination of the merits of these operations as they are currently proposed. And if you believe that our community needs more support for its growing entertainment demands, then set conditions that will give you comfort that the amenity will conform to your standards, or, you will have immediate grounds for suspension of operations. This is your opportunity to govern this concept which will draw great attention to up valley city dollars and set a standard for future development along the gateway to your city. Take advantage of it. Please act favorably in reversing the Planning Commission's actions and approving The Terrace Club at La Quinta. Sincerely, J. Paul Smith JUN 1.3 ion' OT Y 0 - LA QUINTA pIANNING & DEVELOPMENT DEFT. 44 -100 monterey ave. suite 216, palm desert, california 92260 office: (619) 568 -0879; fax: (619) 568 -9339 PLANNING COMMISSION ACTION: Although a number of letters were submitted, primarily in favor of the project, there was no public, other than the Applicant who wished to speak on the matter at the hearing. Following a lengthy presentation by the Applicant explaining the concept and operation of the proposed nightclub, the Planning Commission discussed this item in detail. A number of areas of concern including the following were discussed: 1. Written withdrawal of previous objection to the project from the Riverside County Sheriff's Department. 2. Sufficiency of proposed food service. 3. Potential future use of building. 4. Marketability of project. 5. Potential criminal activities surrounding the use due to patronage. 6. Conformance with the General Plan and proposed Highway 111 Specific Plan. It was noted that the design of the building and proposed landscaping was outstanding and was recommended by the Design Review Board. After extensive discussion, the Planning Commission on a unanimous vote denied the request for this plot plan application. The Planning Commission denied the request based on the following findings: 1. Based on the information presented the Commission did not feel sufficient evidence had been presented to prove there was a market to support such a project. 2. Concern that the draft policies identified by the Planning Commission and City Council during Study Sessions regarding the Draft Highway 111 Specific Plan, as it relates to the General Plan, do not agree with the proposed project as the Specific Plan calls for "major commercial projects" not stand alone, shallow - depth projects. 3. The limited food proposed to be served does not mitigate alcohol related problems. 4. The proposed use is incompatible with the surrounding proposed and approved uses. 5. The Planning Commission felt it was not an asset or a desirable use for the community. 6. The noise generated from the project as it relates to the proximity of future residential uses was determined to be inappropriate. MEMOSS.028 2 JUN 13 1pol CITY O� LA gUINTA 'i ANNINP, R DEVELOPMT DEPT ,r 7. The General Plan policies refer to a Highway 111 Specific Plan and the need to develop the property along Highway 111 with large project development rather than smaller unrelated uses. RECOMMENDATION: By Minute Motion 91- accept for file this report of action taken by the Planning Commission. Attachments: 1. Location map & plan exhibits 2. Planning Commission Staff report dated May 28, 1991', including letters received after Staff report preparation date. RE GE JUN 1.3 iqQ, MEMOSS.028 3 CITY 01- LA QUN A "LANNING & DEVEZOPAWNT DEPT. �s 4 40deo MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: JUNE 4, 1991 SUBJECT: PLOT PLAN 91 -457, LA QUINTA DANCE NIGHTCLUB On May 31, 1991, we received an appeal from Mr. J. Paul Smith regarding the Planning Commission of denial. This matter will be scheduled for public hearing for consideration on June 18, 1991. MEMOJH.096 ��- ' ��� �1 � \� r F-e6: is May 30, 1991 Jerry Herman Director of Planning and Development The City of La Quinta 78 -105 Calle Estado La Quinta, Ca 92253 Re: Plot Plan 91 -457 La Quinta Dance Nightclub Dear Mr. Herman, THE TERRACE CLUB AT LA QUINTA a desert resort amenity la quinta, california RECEwEu MAY 3 ' 19L. C11 V ur LA VWNTA PLANNING & DEVELOPMENT DEPT. This correspondence is to formally request an appeal to the decision rendered by the La Quinta Planning Commission public meeting held Tuesday May 28, 1991. Enclosed is a check for $25.00 which I understand to be the appropriate "appeal fee ". Also, as we discussed in our informal meeting held the day of May 28, I further request that if at all possible, the Planning Department Staff be prepared for the possibility of a reverse decision by the City Council, and have available at the appeal meeting, all of the conditions that you feel would be appropriate to recommend for conditional approval of the project. This would save me a minimum of two very critical weeks of waiting time in the event that The Council is prepared to approve the project. If you have any questions or comments regarding the above, please don't hesitate to contact me directly. Thank you for your attention to this matter. Sincere , J. Paul Smith 180518ASi0i`tOTAL5131 -91`5. 44 -100 monterey ave. suite 216, palm desert, california 92260 office: (619) 568 -0879; fax: (619) 568 -9339 30, 1991 Jerry Herman Director of Planning and Development The City of La Quinta 78 -105 Calle Estado La Quinta, Ca 92253 Re: Plot Plan 91 -457 La Quinta Dance Nightclub Dear Mr. Herman, THE TERRACE CLUB AT LA QUINTA N� v a desert resort amenity la quinta, california RECEIVEU MAY 3' 19u CITY ur uK yuATA PLANNING & DEVELOPMENT OEPT. As I discussed with Stan Sawa earlier today, I need to know exactly what actions The La Quinta City Council can take at their June 4 meeting, as a result of my request of an, appeal to the Planning Commission's decision last Tuesday. Examples of the types of actions I need to know about are as follows: 1) Can the Council reverse the decision of the Planning Commission at that meeting. 2) Can the Council hold a public discussion of the project at that meeting. 3) Is*the Council required to wait until proper notice is given before they can either discuss the project publicly or take any action on the appeal request. And if so, can proper notice be given prior to the meeting to be held June 4, to allow such discussions or actions. This information is critical for me to know so that I may properly prepare for the meeting to be held on June 4. Further, I need this information in writing before the end of business on Monday, June 3. If you have any questions or comments regarding the above, please don't hesitate to contact me directly. Thank you for your attention to this matter. Sincerely, J. Paul Smith 44 -100 monterey ave. suite 216, palm desert, california 92260 office: (619) 568 -0879; fax: (619) 568 -9339 T4ht 4 CON June 3, 1991 78 -105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 FAX (619) 564 -5617 Mr. J. Paul Smith 44 -100 Monterey Avenue, Suite 216 Palm Desert, CA 92260 SUBJECT: PLOT PLAN 91 -475, CITY COUNCIL MEETING JUNE 4, 1991 Dear Mr. Smith: As you have requested in your letter dated May 30, 1991, the following responses correspond with the three numbered paragraphs of your letter. 1. The City Council cannot overturn the decision of the Planning Commission on this matter without first conducting a public hearing. They could however, refer it back to the Planning Commission for further consideration. 2. Any item on the Council agenda can be discussed by the Council and they can solicit answers from Staff or the applicant if they so desire. 3. The Council cannot take action on your appeal without conducting a noticed public hearing. A minimum of ten days is required for noticing however there is a three day lead time to get the notice to the paper. Based on this information, the matter will be scheduldd for public hearing on June 18, 1991, at 7:00 P.M. I will be recommending that this matter be pulled from the Council June 4th agenda due to your appeal. Therefore we would not anticipate any discussion of this matter at that time. However the Council, as I indicated above, can still discuss this matter if they so. desire. Should you have any questions, please contact my office. V y truly yo s, ER Y H MAN ring & Development Director JH : bja LTRJH.110 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 7 T4ht 78 -105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564 -2246 FAX (619) 564 -5617 June 3, 1991 Mr. J. Paul Smith 44 -100 Monterey Avenue, Suite 216 Palm Desert, CA 92260 SUBJECT: PLANNING COMMISSION ACTION FOR PLOT PLAN 91 -457 Dear Mr. Smith: This is to inform you that the Planning Commission at their meeting of May 28, 1991, unanimously denied your request for approval of Plot Plan 91 -457 for a dance nightclub. The item has been scheduled as a Consent Item before the City Council at their meeting of June 4, 1991, at 3: 00 P.M. On May 31, 1991, we received your appeal of the Planning Commission action. In a separate memo we have advised the City Council of your appeal and indicated that it will be scheduled for public hearing at the meeting of June 18, 1991, at 7:00 P.M. Should you have any questions or comments please feel free to contact the undersigned. Very truly yours JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR G STAN B. SAWA Principal Planner SBS : bja LTRSS.QIe MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 V May 30, 1991 Jerry Herman Director of Planning and Development The City of La Quinta 78 -105 Calle Estado La Quinta, Ca 92253 Re: Plot Plan 91 -457 La Quinta Dance Nightclub Dear Mr. Herman, -V- THE TERRACE CLUB AT LA QUINTA a desert resort amenity la quints, california ECVL MAY 31, 199 CCTV Ur LIA VUOQdTA PLANNING & DEVELOPMERT DEPT. As I discussed with Stan Sawa earlier today, I need to know exactly what actions The La Quinta City Council can take at their June 4 meeting, as a result of my request of an appeal to the Planning Commission's decision last Tuesday. Examples of the types of actions I need to know about are as follows: 1) Can the Council reverse the decision of the Planning Commission at . that meeting. 2) Can the Council hold a public discussion of the project at that meeting. 3) Is the Council required to wait until proper notice is given before they can either discuss the project publicly or take any action on the appeal request. And if so, can proper notice be given prior to the meeting to be held June 4, to allow such discussions or actions. This information is critical for me to know so that I may properly prepare for the meeting to be held on June 4. Further, I need this information.in writing before the end of business on Monday, June 3. If you have any questions or comments regarding the above, please don't hesitate to contact me directly. Thank you for your attention to this matter. Sincerely, J. Paul Smith 44 -100 monterey ave. suite 216, palm desert, california 92260 office: (619) 568 -0879; fax: (619) 568 -9339 o,- 2 PRELIMINARY PLANT LIST LA QUINTA DANCE NIGHTCLUB KEY BOTANICAL NAME TREES COMMON NAME SIZE RANGE: 15% 36° BOX OR LARGER, 60% 24" BOX, 25% 15 GAL. ABY ACACIA ABYSSINICA AAM ACACIA ANEURA ABM ACACIA BERLANDIERI AMM ACACIA MINUTA AWM ACACIA WILLARDIANA CPX CERCIDIUM PRAECOX CHM CHAMAEROPS HUMILIS JAM JACARANDA ACUTIFOLIA PAK PARKINSONIA ACULEATA PDP PHOENIX DACTYLIFERA PFM PITHECELLOBIUM FLEXICAULE PCM PROSOPIS ALBA'COLORADO' RLS RHUSLANCEA SHRUBS SIZE RANGE: 10% 15 GAL., 50% 5 GAL., 40% 1 GAL. f ACACIA REDOLENS N BC BACCHARIS 'CENTENNIAL' �C,ARLTONCONNOR & ASSOCIATES BJ BOUGAINVILLEA'LA JOLLA . ' � andkape Architecture and Land Planning CP CAESALPINIA PULCHERRIMA :44267*MONTEREYAVENUE CR CALLIANDRA CALIFORNICA -PALM DESERT, CALIFORNIA 92260 _ CALLIANDRA ERIOPHYLLA (619) 340 -9277 CA CASSIA PHYLLODINEA - CC PRELIMINARY PLANT LIST LA QUINTA DANCE NIGHTCLUB KEY BOTANICAL NAME TREES COMMON NAME SIZE RANGE: 15% 36° BOX OR LARGER, 60% 24" BOX, 25% 15 GAL. ABY ACACIA ABYSSINICA AAM ACACIA ANEURA ABM ACACIA BERLANDIERI AMM ACACIA MINUTA AWM ACACIA WILLARDIANA CPX CERCIDIUM PRAECOX CHM CHAMAEROPS HUMILIS JAM JACARANDA ACUTIFOLIA PAK PARKINSONIA ACULEATA PDP PHOENIX DACTYLIFERA PFM PITHECELLOBIUM FLEXICAULE PCM PROSOPIS ALBA'COLORADO' RLS RHUSLANCEA SHRUBS SIZE RANGE: 10% 15 GAL., 50% 5 GAL., 40% 1 GAL. NCN MULGRA NCN SWEET ACACIA PALO BLANCO SONORAN PALO VERDE MEDITERRANEAN FAN PALM JACARANDA JERUSALEM THORN DATE PALM TEXAS EBONY ARGENTINE MESQUITE AFRICAN SUMAC PROSTRATE ACACIA DESERT BROOM BUSH BOUGAINVILLEA MEXICAN BIRD OF PARADISE RED BIRD OF PARADISE RED FAIRY DUSTER FAIRY DUSTER DESERT CASSIA SILVER BUSH MORNING GLORY ANACAHUITA INDIGO BUSH DESERT SPOON BRITTLE BUSH OCOTILLO RED YUCCA MEXICAN HONEYSUCKLE TRAILING LANTANA TEXAS RANGER TEXAS RANGER HEAVENLY BAMBOO BEARGRASS RED FOUNTAIN GRASS RUELLIA AR ACACIA REDOLENS BC BACCHARIS 'CENTENNIAL' BJ BOUGAINVILLEA'LA JOLLA CM CAESALPINIA MEXICANA CP CAESALPINIA PULCHERRIMA CR CALLIANDRA CALIFORNICA CE CALLIANDRA ERIOPHYLLA CA CASSIA PHYLLODINEA CC CONVOLVULUS CNEORUM CB CORDIA BOISSIERI _ DP DALEA PULCRA .' DW DASYLIRION WHEELERI EF ENCELIA FARINOSA ':yam FS FOUQUIERIA SPLENDENS HP HESPERALOE PARVIFLORA JS JUSTICIA SPICIGERA LM LANTANA MONTEVIDENSIS F LS LEUCOPHYLLUM CANDIDUM SILVER CLOUD' LG LEUCOPHYLLUM F. 'GREEN CLOUD' _ ND NANDINA DOMESTICA _.'. NM NOLINA MICROCARPA PR PENNISETUM SETACEUM CUPREUM ' RC RUELLIA CALIFORNICA NCN MULGRA NCN SWEET ACACIA PALO BLANCO SONORAN PALO VERDE MEDITERRANEAN FAN PALM JACARANDA JERUSALEM THORN DATE PALM TEXAS EBONY ARGENTINE MESQUITE AFRICAN SUMAC PROSTRATE ACACIA DESERT BROOM BUSH BOUGAINVILLEA MEXICAN BIRD OF PARADISE RED BIRD OF PARADISE RED FAIRY DUSTER FAIRY DUSTER DESERT CASSIA SILVER BUSH MORNING GLORY ANACAHUITA INDIGO BUSH DESERT SPOON BRITTLE BUSH OCOTILLO RED YUCCA MEXICAN HONEYSUCKLE TRAILING LANTANA TEXAS RANGER TEXAS RANGER HEAVENLY BAMBOO BEARGRASS RED FOUNTAIN GRASS RUELLIA rl PRELIMINARY PLANT LIST LA QUINTA DANCE NIGHTCLUB SHRUBS (CONT.) SG SALVIA GREGGII VC VAUQUELINIA CALIFORNICA VD VIGUIERA DELTOIDEA YS YUCCA SPECIES GROUNDCOVERS SIZE RANGE: 30% 1 GAL., 70% FLATS OR LARGER C ACACIA REDOLENS `DESERT CARPET A ANNUAL COLOR D DALEA GREGGI G GAZANIA HYBRID O OENOTHERA BERLANDIERI R ROSMARINUS OFFICINALIS'PROSTRATUS' S SANTOLINA CHAMAECYPARISSUS L HYBRID BERMUDA SOD (SUMMER) OVERSEEDED PERENNIAL RYE (WINTER) W HYDROSEEDED WILDFLOWER MIX P PALM SPRINGS SAND AUTUMN SAGE ARIZONA ROSEWOOD GOLDENEYE YUCCA PROSTRATE ACACIA SEASONAL FLOWERS PROSTRATE INDIGO HYBRID GAZANIA MEXICAN EVENING PRIMROSE DWARF ROSEMARY LAVENDER COTTON LAWN PRELIMINARY PLANT LIST LA QUINTA DANCE NIGHTCLUB KEY BOTANICAL NAME TREES COMMON NAME SIZE RANGE: 15% 36" BOX OR LARGER, 60% 24" BOX, 25% 15 GAL. ABY ACACIA ABYSSINICA NCN AAM ACACIA ANEURA MULGRA ABM &ASSOCIATES NCN °WAYNECARLTON'COONNOR t IandscapeAr iecthre and I; ind Planning AWM 44267 MONTEREY AVENUE PALO BLANCO ' PAi14f:DESERT, "CALIFORNIA 92260 CERCIDIUM PRAECOX s '(619) 340 9277 f CHAMAEROPS HUMILIS i PRELIMINARY PLANT LIST LA QUINTA DANCE NIGHTCLUB KEY BOTANICAL NAME TREES COMMON NAME SIZE RANGE: 15% 36" BOX OR LARGER, 60% 24" BOX, 25% 15 GAL. ABY ACACIA ABYSSINICA NCN AAM ACACIA ANEURA MULGRA ABM ACACIA BERLANDIERI NCN AMM ACACIA MINUTA SWEET ACACIA AWM ACACIA WILLARDIANA PALO BLANCO CPX CERCIDIUM PRAECOX SONORAN PALO VERDE CHM CHAMAEROPS HUMILIS MEDITERRANEAN FAN PALM JAM JACARANDA ACUTIFOLIA JACARANDA PAK PARKINSONIA ACULEATA JERUSALEM THORN PDP PHOENIX DACTYLIFERA DATE PALM PFM PITHECELLOBIUM FLEXICAULE TEXAS EBONY PCM PROSOPIS ALBA'COLORADO' ARGENTINE MESQUITE RLS RHUS LANCEA AFRICAN SUMAC SHRUBS SIZE RANGE: 10% 15 GAL., 50% 5 GAL., 40% 1 GAL. AR ACACIA REDOLENS PROSTRATE ACACIA ` BC BACCHARIS 'CENTENNIAL' DESERT BROOM BJ BOUGAINVILLEA'LA JOLLA BUSH BOUGAINVILLEA ]' CM CAESALPINIA MEXICANA MEXICAN BIRD OF PARADISE CP CAESALPINIA PULCHERRIMA RED BIRD OF PARADISE CR CALLIANDRA CALIFORNICA RED FAIRY DUSTER CE CALLIANDRA ERIOPHYLLA FAIRY DUSTER CA CASSIA PHYLLODINEA DESERT CASSIA a CC CONVOLVULUS CNEORUM SILVER BUSH MORNING GLORY CB CORDIA BOISSIERI ANACAHUITA h . ° DP DALEA PULCRA INDIGO BUSH DW DASYLIRION WHEELERI DESERT SPOON EF ENCELIA FARINOSA BRITTLE BUSH FS FOUQUIERIA SPLENDENS OCOTILLO HP HESPERALOE PARVIFLORA RED YUCCA } JS JUSTICIA SPICIGERA MEXICAN HONEYSUCKLE LM LANTANA MONTEVIDENSIS TRAILING LANTANA st LS LEUCOPHYLLUM CANDIDUM 'SILVER CLOUD' TEXAS RANGER LG LEUCOPHYLLUM F. `GREEN CLOUD' TEXAS RANGER ND NANDINA DOMESTICA HEAVENLY BAMBOO NM NOLINA MICROCARPA BEARGRASS PR PENNISETUM SETACEUM CUPREUM RED FOUNTAIN GRASS RC RUELLIA CALIFORNICA RUELLIA r 7� F _! l l t r PRELIMINARY PLANT LIST LA QUINTA DANCE NIGHTCLUB SHRUBS (CONT.) SG SALVIA GREGGII VC VAUQUELINIA CALIFORNICA VD VIGUIERA DELTOIDEA YS YUCCA SPECIES GROUNDCOVERS SIZE RANGE: 30% 1 GAL., 70% FLATS OR LARGER C ACACIA REDOLENS 'DESERT CARPET A ANNUAL COLOR D DALEA GREGGI G GAZANIA HYBRID O OENOTHERA BERLANDIERI R ROSMARINUS OFFICINALIS'PROSTRATUS' S SANTOLINA CHAMAECYPARISSUS L HYBRID BERMUDA SOD (SUMMER) OVERSEEDED PERENNIAL RYE (WINTER) W HYDROSEEDED WILDFLOWER MIX P PALM SPRINGS SAND AUTUMN SAGE ARIZONA ROSEWOOD GOLDENEYE YUCCA PROSTRATE ACACIA SEASONAL FLOWERS PROSTRATE INDIGO HYBRID GAZANIA MEXICAN EVENING PRIMROSE DWARF ROSEMARY LAVENDER COTTON LAWN ,,�-� 1 7) a DAVID G'. A PRIEST A.I.A. C8690 'OPYRIGHT 1990 V� O e W I V O AF u cc U W F-- Z V Q �N C O N Z V Q� U a N o` Q d Q cn z U ry LIJ LC) N N C O ry Q o Lo W o r. C? cL Q CT C FRANCISCO I. URRUTIA A.E.A. C7467 DAVID G'. A PRIEST A.I.A. C8690 'OPYRIGHT 1990 V� O e W I V O AF u cc REVISIONS 0 0 0 0 U Z V Q �N L Q N Z V Q� Z �< Z J REVISIONS 0 0 0 0 I w9strimill 10811101,11 0! C A B oll T.O.P. OW1, P4 A�x &1AA el, 90 Lu OL uj uj U 1, FRANCISC,0- URRUTIA�' AAA, (7467 DAVID C-�#. PREST AAA C.8690 - j-,(JpYRlGFI- '199(!-", 0 lop KEG, NOTE STUCC, cd OB BRONZE TINTED GLASS BLOCK STUC( 0 B JN,71' B1 � 0 C F SPLIT- SPLIT, FA, CED CONCRETE "BLOCK O "Z T A� 2" METAL REVEALS (TYP.) South East Elevation s m a U m m LP} N dN � r II LJ Q 0 0 0 �--� l\ O N N t'i r Q w F- w d z w U Lo w LO N w Q C J Q CD cn w, U o LU g J O` a Q ? 10 ., a '. 5{ n. �,' r :1 _ -. , i„ ' � � V C F.j�" t�v �•Q $(`' t i,.. j � �i,• 5 , 1 j ' 1{ FRANCISCO J. URRUTIA -- r A.I.A. C7467 DAVID G. PREST A.I.A. C8690 COPYRIGHT 1990 MOM r e t x, m a U m m LP} N dN � II Q WIN Z 0 V l\ O V r � % AY a F ., a '. 5{ n. �,' r :1 _ -. , i„ ' � � V : ..e �. � �-4* k4 -'t`* �: .kk;- F.j�" t�v �•Q $(`' t i,.. j � �i,• 5 , 1 j ' 1{ r e.1 ®3� u.. 0 1p .. T�� ,. .:... ,,.. ,.s.., •,: r., .:.t _.. _a.. ,. - -. .,.- 'N* s & « - s - �'.'.... • - -- :: �.. :,. -,. ... ,yam, - MOM r e t x, m a U m m LP} N dN � II Q Z 0 V O V r m U _ m LP} N dN � Q Z 0 4 r uj 01 Lu LU LU uj, 0 FRANC6CO A * �F App D AV I D ,PRESS. A. '8690 copywdfll��1199'41, 11 uw Aw �3- GROSS BUILDING AREA = 10,000 SQ.FT. REQUIRED PARKING = 10,00 =>0 = 200 CARS PAPVIMC. PROVIDED = 191 CARS if JS LN �3- GROSS BUILDING AREA = 10,000 SQ.FT. REQUIRED PARKING = 10,00 =>0 = 200 CARS PAPVIMC. PROVIDED = 191 CARS if LN moo& Z < M 11' oft E'a TWA �3- GROSS BUILDING AREA = 10,000 SQ.FT. REQUIRED PARKING = 10,00 =>0 = 200 CARS PAPVIMC. PROVIDED = 191 CARS if LN moo& Z < oft E'a TWA �3- GROSS BUILDING AREA = 10,000 SQ.FT. REQUIRED PARKING = 10,00 =>0 = 200 CARS PAPVIMC. PROVIDED = 191 CARS D A roi = moo& Z < oft D A roi = ;s �:u - - ,; _ -; .. :. �. .: ��,�. __ __... ... �, .�... �. . �, . ,„ _. _.� �_T ,,... I m w LANDSCAPE CONCEPT THE PLANT PALETTE CONSISTS PRIMARILY OF WATER - EFFICIENT TREES, SHRUBS, AND GROUNDCOVER. GRASS AREAS ARE MINIMIZED AND USED AS ACCENTS (RETENTION BASIN AND CLUB ENTRY). THE FUTURE BUILDING I'AD WOULD BE PLANTED WITH A WILDFLOWER AND HYBRID GAZANIA MIX TO MAXIMIZE WATER USAGE YET PROVIDE A COLORFUL DISPLAY UNTIL THE AREA IS DEVELOPED. THE IRRIGATION SYSTEM WOULD INCLUDE DRIP IRRIGATION FOR ALL TREES, SHRUBS, AND GROUNDCOVERS, A LOW GALLONAGE SPRAY SYSTEM FOR THE WILDFLOWER AREA, AND AN OVERHEAD SPRAY SYSTEM FOR THE GRASS AREAS. REFER TO -THE ACCOMPANYING -8- 1/2 X 11 SHEETS FOR THE PRELIMINARY PLANT LIST. CONTOURED RETENTION BASIN GRASS AREA — WATER EFFICIENT PLANTING MOUNDING MESQUITE PAi_O VERDE & ACACIA TREES — PALM SPRINGS SAND TOP DRESSING RETENTION EsASIN #' PLAN T INC ISLAND — i SHADE TREES .�` & SHRUB PLANTING AT PERIMETER r J. a ...::.._m ....::..... .._w_, __ .m ^ s's::. ,s, :.v . r;._,,;n.�y:..: :. s.:s2L:Sk3 .,... x.: .:., .:,. xr ,:. -. ...:... ..:.. ..... 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