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2021 10 26 PCPLANNING COMMISSION AGENDA Page 1 of 4 OCTOBER 26, 2021 PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, OCTOBER 26, 2021, AT 5:00 P.M. **************************** SPECIAL NOTICE Teleconferencing and Telephonic Accessibility In Effect Pursuant to Executive Orders N-25-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the public, Planning Commission, the City Attorney, City Staff, and City Consultants may participate in this meeting by teleconference. Members of the public may listen to this meeting by tuning-in live via http://laquinta.12milesout.com/video/live. Members of the public wanting to address the Planning Commission, either for a specific agenda item or matters not on the agenda, are requested to follow the instructions listed below: Written public comments – can be provided in-person during the meeting or emailed to the Planning Commission Secretary, Tania Flores, at TFlores@LaQuintaCA.Gov, no later than 3:00 p.m. on the day of the meeting, and will be distributed to the Planning Commission and incorporated into the agenda packet and public record of the meeting, and will not be read during the meeting unless, upon the request of the Chairperson, a brief summary of any public comment is asked to be read, to the extent that the Planning Commission Secretary can accommodate such request. If emailed, the mail subject line must clearly state “Written Comments” and the email should list the following: 1)Full Name 4)Public Comment or Agenda Item Number 2) City of Residence 5)Subject 3) Phone Number 6) Written Comments Planning Commission agendas and staff reports are now available on the City’s web page: www.LaQuintaCA.Gov PLANNING COMMISSION AGENDA Page 2 of 4 OCTOBER 26, 2021 ***** TELECONFERENCE PROCEDURES ***** Verbal Public Comment via Teleconference – members of the public may attend and participate in the meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Chairperson; the City will facilitate the ability for a member of the public to be audible to the Planning Commission and general public and allow him/her/they to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Chairperson, in order to become audible to the Planning Commission and the public. Only one person may speak at a time by teleconference and only after being recognized by the Chairperson. ZOOM LINK: https://us06web.zoom.us/j/88146423364 Meeting ID: 881 4642 3364 Or join by phone: (720) 707 - 2699 **************************** It would be appreciated that any email communications for public comments related to the items on the agenda, or for general public comment, are provided to the City at the email address listed above prior to the commencement of the meeting. If that is not possible, and to accommodate public comments on items that may be added to the agenda after its initial posting or items that are on the agenda, every effort will be made to attempt to review emails received by the City during the course of the meeting. The Chairperson will endeavor to take a brief pause before action is taken on any agenda item to allow the Commission Secretary to review emails and share any public comments received during the meeting. All emails received by the City, at the email address above, until the adjournment of the meeting, will be included within the public record relating to the meeting. CALL TO ORDER ROLL CALL: Commissioners Caldwell, Currie, Hassett, McCune, Proctor, Tyerman and Chairperson Nieto PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the Planning Commission on any matter not listed on the agenda by providing written public comments either in-person or via email as indicated above; or provide verbal public comments either in-person or via teleconference by joining the meeting virtually at https://us06web.zoom.us/j/88146423364 and use the “raise your hand” feature when prompted by the Chairperson or Planning Commission Secretary. Members of the public attending the meeting in-person are requested to complete a “Request to Speak” form and submit to the Planning Commission Secretary. Please limit your comments to three (3) minutes (or approximately 350 words). The Planning Commission values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. PLANNING COMMISSION AGENDA Page 3 of 4 OCTOBER 26, 2021 CONFIRMATION OF AGENDA ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS - NONE CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MEETING MINUTES OF SEPTEMBER 14, 2021 5 2. ADOPT RESOLUTION FINDING THE PROPOSED PURCHASE BETWEEN THE CITY OF LA QUINTA AND SHOVLIN PROPERTIES FOR CERTAIN PROPERTY LOCATED AT 78370 HIGHWAY 111 CONSISTENT WITH THE GENERAL PLAN 2035 12 BUSINESS SESSION PAGE 1. APPROVE CANCELLATION OF REGULAR PLANNING COMMISSION MEETINGS OF NOVEMBER 23, 2021 AND DECEMBER 28, 2021 19 STUDY SESSION PAGE 1. REVIEW IMPLEMENTATION OF NEW STARBUCKS DRIVE-THROUGH; LOCATION: NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO 20 PUBLIC HEARINGS For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the Planning Commission Secretary prior to consideration of that item. A person may submit written comments to the Planning Commission before a public hearing or speak in-person or via teleconference accessibility in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. PAGE 1. ADOPT RESOLUTION TO APPROVE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT FOR A NEW 4,335 SQUARE FOOT DRIVE- THROUGH BUILDING FOR A PANERA RESTAURANT; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THE PROJECT IS CONSISTENT WITH EA 1996-319; LOCATION: 78902 HIGHWAY 111 23 REPORTS AND INFORMATIONAL ITEMS – NONE COMMISSIONERS’ ITEMS – NONE STAFF ITEMS PAGE 1. WIRELESS TELECOMMUNICATIONS INVENTORY UPDATE 60 2. VERBAL UPDATE ON CITYWIDE PROJECTS N/A PLANNING COMMISSION AGENDA Page 4 of 4 OCTOBER 26, 2021 ADJOURNMENT **************************** The next regular meeting of the Planning Commission will be held on November 9, 2021, commencing at 5:00 p.m. with the Call to Order, at the City Hall Council Chamber, 78-495 Calle Tampico, La Quinta, California. DECLARATION OF POSTING I, Tania Flores, Planning Commission Secretary, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of October 26, 2021, was posted on the City’s website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on October 22, 2021. DATED: October 22, 2021 TANIA FLORES, Planning Commission Secretary City of La Quinta, California Public Notices  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the Planning Division of the Design and Development Department at (760) 777-7023, twenty-four (24) hours in advance of the meeting and accommodations will be made.  If special electronic equipment is needed to make presentations to the Commission, arrangements should be made in advance by contacting the Planning Division of the Design and Development Department at (760) 777-7023. A one (1) week notice is required.  If background material is to be presented to the Commission during a Planning Commission meeting, please be advised that ten (10) copies of all documents, exhibits, etc., must be supplied to the Planning Commission Secretary for distribution. It is requested that this takes place prior to the beginning of the meeting.  Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Design and Development Department’s counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. PLANNING COMMISSION MINUTES Page 1 of 7 September 14, 2021 PLANNING COMMISSION MINUTES TUESDAY, SEPTEMBER 14, 2021 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 5:01 p.m. by Chairperson Nieto. Pursuant to Executive Orders N-25-20, N-29-20, N-33-20, N-35-20, N-60-20, and N 08-21 executed by the Governor of California, in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the public, the Planning Commission, the City Attorney, City Staff, and City Consultants may participate in this meeting by teleconference. PRESENT: Commissioners Caldwell, Currie, Hassett, McCune, Proctor, Tyerman, and Chairperson Nieto ABSENT: None STAFF PRESENT: Design & Development Director Danny Castro, Planning Manager Cheri L. Flores, Senior Planner Carlos Flores, City Engineer Bryan McKinney, City Attorney Bill Ihrke (via teleconference), and Commission Secretary Tania Flores PLEDGE OF ALLEGIANCE Commissioner Tyerman led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Wendy Clark, La Quinta – Opposing Coral Mountain Resort project and rezoning; negative impacts of the project including short-term vacation rental (STVR) saturation, water consumption and lack of water resource preservation, increased traffic congestion due to planned special events at the project site. CONSENT CALENDAR ITEM NO. 1 5 PLANNING COMMISSION MINUTES Page 2 of 7 September 14, 2021 PUBLIC SPEAKER: Derek Wong, La Quinta – said he is a member of La Quinta Residents for Responsible Development (LQRRD), spoke in opposotiion of the Coral Mountain Resort project; cited Draft Environmenatl Imparct Report (DEIR) responses from Bighorn Institute, Califofnia Department of Fish and Wildlife, Southwest Regional Council of Carpenters, and Center for Biological Diversity; expressed concerns regarding negative environmental impacts including lack of bighorn sheep habitat preservation. PUBLIC SPEAKER: Kelly Welton, La Quinta – opposed the Coral Mountain Resort project; cited California Department of Fish and Wildlife’s response to the DEIR for the project including negative impacts to wildlife habitat preservation due to light and noise as well as wildfire hazards. PUBLIC SPEAKER: Alena Callimanis, La Quinta – opposed the Coral Mountain Resort project; cited DEIR response from Southwest Regional Council of Carpenters requesting the City to recirculate due to CEQA guideline violations including significant negative impacts to air quality, greenhouse gases, population, housing, recreation, regional transporation plans, state planning and zoning law, and the City’s General Plan. PUBLIC SPEAKER: Sheila Warren, La Quinta – opposed the Coral Mountain Resort project; cited DEIR response from Center for Biological Diversity and expressed concerns regarding the light and water supply impacts of the project. PUBLIC SPEAKER: Robin Nenninger, La Quinta – opposed the Coral Mountain Resort project; expressed concerns over the IID will serve letter expiration. PUBLIC SPEAKER: Laura DuMaurier, La Quinta – opposed the Coral Mountain Resort project; cited letter/email from John Burgeson, a former reporter from Connecticut, regarding water use concerns. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Anast Demitt, La Quinta – opposed the Coral Mountain Resort project; expressed water consumption concerns; requested DEIR revision. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Robert Lasser, La Quinta – opposed the Coral Mountain Resort project; opposed land rezoning due to inconsistencies with the City’s 2035 General Plan; expressed concerns regarding light and noise pollution that will be generated by the project. CONFIRMATION OF AGENDA – Confirmed. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATION – None. 6 PLANNING COMMISSION MINUTES Page 3 of 7 September 14, 2021 CONSENT CALENDAR 1.APPROVAL OF MINUTES DATED JULY 13, 2021 2.ADOPT A RESOLUTION FINDING THAT THE PROPOSED STREET VACATION OF A 1,267-SQUARE-FOOT PORTION OF AVENIDA MADERO AND CALLE TECATE RIGHT-OF-WAY IS CONSISTENT WITH THE LA QUINTA GENERAL PLAN; CEQA: EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15301 (c), EXISTING FACILITIES [PC RESOLUTION NO. 2021-008] CONSENT CALENDAR ITEM NO. 1 Chairperson Nieto requested amendment to the minutes due to administrative error on page 8 to reflect 42’ to the correct measurement of 42”. MOTION – A motion was made and seconded by Commissioners Caldwell/Proctor to approve the Consent Calendar, with revisions to Item No. 1 Planning Commission meeting minutes of July 13, 2021, as amended. Motion passed unanimously. BUSINESS SESSION – None. STUDY SESSION – None. PUBLIC HEARINGS 1.ADOPT RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2018-0015 TO ALLOW CONSTRUCTION OF MIXED USE BUILDING ON 0.38 ACRE SITE; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THE PROJECT IS EXEMPT BASED ON CEQA GUIDELINES SECTION 15332, INFILL DEVELOPMENT. LOCATION: NORTHWEST CORNER OF CALLE CADIZ AND DESERT CLUB DRIVE [PC RESOLUTION NO. 2021-009] DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT – None. Senior Planner Flores presented the staff report which is on file in the Design and Development Department. Staff answsered questions regarding the unit ownership; STVR use availability; parking requirements; landscape design; pool location, safety and privacy; electric vehicle charging station requirements; impacts to the affordable housing element; building height, architectural components, and color palette; trash receptacle location and hazardous waste restrictions; other uses for the commercial suites within the project. 7 PLANNING COMMISSION MINUTES Page 4 of 7 September 14, 2021 CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING OPEN AT 6:16 P.M. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Nisha Jackson, applicant and property owner – introduced herself and provided additional information to address Commission questions previously directed to Staff. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Sean Howard, La Quinta and owner of neighboring parcel – opposed the project due to concerns regarding building height, general size of the project, parking availability, and trash receptacle location. PUBLIC SPEAKER: Alena Callimanis, La Quinta – requested reconsideration of the pool addition to this and future projects due to water consumption concerns. PUBLIC SPEAKER: George Christopher, La Quinta – questioned if the project included solar. (Answered yes by the applicant.) PUBLIC SPEAKER: Dave Russell, La Quinta – concerns regarding additional strain on parking, size of the project, and proposed architectural features not consistent with existing buildings. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 6:33 P.M. Commission discussion followed regarding the answers provided by the applicant regarding previously stated concerns and possible solutions including additional Conditions of Approval to include installation of electric vehicle chargers in carport covered parking stalls, electrical wiring to allow for future installation of electric vehicle chargers in garages, relocation of the trash enclosure to the adjacent alleyway, common area pool to be changed to landscaped common area plaza with no pool. MOTION – A motion was made and seconded by Commissioners Proctor/Hassett to adopt Planning Commission Resolution No. 2021-009 to approve Site Development Permit 2018-0015 subject to the Findings and amended Conditions of Approval and find the project exempt pursuant to CEQA Guidelines Section 15332, Infill Development: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2018-0015 TO ALLOW THE DEVELOPMENT OF A MIXED USE BUILDING LOCATED AT THE NORTHWEST CORNER OF DESERT CLUB DRIVE AND CALLE CADIZ CASE NUMBERS: SITE DEVELOPMENT PERMIT 2018-0015 APPLICANT: NISHA JACKSON Motion passed unanimously. 8 PLANNING COMMISSION MINUTES Page 5 of 7 September 14, 2021 2.ADOPT RESOLUTION TO APPROVE TENTATIVE TRACT MAP 2021- 0003 (TTM 38165) FOR CONDOMINIUM PURPOSES FOR DUNE PALMS PROJECT. CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THE PROJECT IS EXEMPT UNDER CEQA GUIDELINES SECTION 15301, EXISTING FACILITIES. LOCATION: 47120 DUNE PALMS ROAD [PC RESOLUTION NO. 2021-010] DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT – None. Senior Planner Flores presented the staff report which is on file in the Design and Development Department. Staff answered Commission questions regarding scope of the approval being considered; interior buildout and potential commercial use requirements; exterior maintenance and landscape responsibilities; impacts to traffic and parking; water and sewer easement by the water district located within the building. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING OPEN AT 7:26 P.M. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: John Lowe, Applicant - introduced himself and provided additional information regarding the property owner’s intention for subdividing the building; property maintenance and parking included in CC&Rs; marketing directed towards the preferred commercial uses. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 7:29 P.M. Commission discussion followed regarding individual ownership and economic concerns. MOTION – A motion was made and seconded by Commissioners Proctor/Caldwell to adopt Planning Commission Resolution No. 2021-010 to approve Tentative Tract Map 2021-0003 (TTM 38165) subject to the Findings and Conditions of Approval and find the project exempt pursuant to CEQA Guidelines Section 15301, Existing Facilities: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 38165 (TTM 2021-0003) FOR CONDOMINIUM PURPOSES FOR AN EXISTING BUILDING CASE NUMBERS: TENTATIVE TRACT MAP 2021-0003 (TTM 38165) APPLICANT: JAJ DESERT PARTNERS Motion passed unanimously. 9 PLANNING COMMISSION MINUTES Page 6 of 7 September 14, 2021 3.ADOPT A RESOLUTION TO APPROVE TENTATIVE TRACT MAP 2020- 0006 (TTM 37929) FOR 10 RESIDENTIAL LOTS ON 18.37 ACRES WITHIN THE SILVERROCK RESORT SPECIFIC PLAN AREA. CEQA: FINDINGS OF ENVIRONMENTAL ASSESSMENT 2014-1003 APPLY AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED. LOCATION: WITHIN THE CENTRAL PORTION OF THE SILVERROCK RESORT, BOUNDED BY SILVERROCK WAY [PC RESOLUTION NO. 2021-011] DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT – None. Associate Planner Fernandez presented the staff report which is on file in the Design and Development Department. Staff answered Commission questions regarding the remainder lot previously approved in the SDP, which is not included in the scope of this proposal. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING OPEN AT 7:39 P.M. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Bruce Maise, applicant – introduced himself and provided information regarding ownership, management, and utilization of the individual units; expressed gratitude and appreciation to Staff for assisting in the preparation of this item for consideration. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 7:41 P.M. Commissione discussion followed regarding SilverRock updates and interest in scheduling a site visit to review the progress on the project. MOTION – A motion was made and seconded by Commissioners Proctor/Hassett to adopt Planning Commission Resolution No. 2021-011 to approve Tentative Tract Map 2020-0006 (TTM 37929) subject to the Findings and amended Conditions of Approval and find the project consistent with Environmental Assessment 2014-1003: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP TTM 2020-0006 (TTM 37929) FOR PENDRY BUNGALOW RESIDENCES CASE NUMBER: TENTATIVE TRACT MAP 2020-0006 (TTM 37929) APPLICANT: SILVERROCK LUXURY RESIDENCES Motion passed unanimously. REPORTS AND INFORMATIONAL ITEMS – None. 10 PLANNING COMMISSION MINUTES Page 7 of 7 September 14, 2021 COMMISSIONERS’ ITEMS Commission requested an update by Staff regarding future projects. Planning Manager Flores provided a brief statement regarding the upcoming Joint Study Session with City Council regarding the proposed Coral Mountain Resort project scheduled for September 28, 2021, and advised the Commission that a project update memo would be forthcoming. STAFF ITEMS – None. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Proctor/McCune to adjourn the meeting at 7:47 p.m. Motion passed unanimously. Respectfully submitted, TANIA FLORES, Commission Secretary City of La Quinta, California 11 City of La Quinta PLANNING COMMISSION MEETING: October 26, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION FINDING THE PROPOSED PURCHASE BETWEEN THE CITY OF LA QUINTA AND SHOVLIN PROPERTIES FOR CERTAIN PROPERTY LOCATED AT 78370 HIGHWAY 111 CONSISTENT WITH THE GENERAL PLAN 2035 PROJECT INFORMATION REQUEST: ADOPT A RESOLUTION FINDING THE PROPOSED PURCHASE BETWEEN THE CITY OF LA QUINTA AND SHOVLIN PROPERTIES FOR CERTAIN PROPERTY LOCATED AT 78370 HIGHWAY 111 CONSISTENT WITH THE GENERAL PLAN 2035 LOCATION: 78370 HIGHWAY 111, LA QUINTA, CA 92253 APN 604-050-067 CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b) (3) “COMMON SENSE EXEMPTION” GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL ZONING DESIGNATION: COMMUNITY COMMERCIAL SURROUNDING ZONING/LAND USES: NORTH: WHITEWATER WASH, CITY OF INDIAN WELLS SOUTH: EXISTING COMMERCIAL EAST: EXISTING COMMERCIAL WEST: MOUNTAIN, EXISTING COMMERCIAL RECOMMENDATION Adopt a resolution finding the proposed purchase between the City of La Quinta and Shovlin Properties for certain property located at 78370 Highway 111 consistent with the General Plan 2035. CONSENT CALENDAR ITEM NO. 2 12 EXECUTIVE SUMMARY The property to be purchased is located near the Point Happy Shopping Center and would be developed as a park area and future connector to CV Link (Attachment 1). The purchase of this property would further the City’s goals of fostering multi-modal transportation, health and wellness, and parks and open space as outlined in the General Plan 2035. BACKGROUND/ANALYSIS The property to be purchased is located near the Point Happy Shopping Center along the Whitewater Wash and is comprised of 0.57 acres. It is proposed to be developed as a small park area featuring shade structures, seating, and water fountains and could serve as a future connection to the CV Link. The property would be acquired using grant funding from the Proposition 68 program which promotes creation and improvement of parks, trails and other recreational amenities. The development of the property would help promote an active lifestyle and safely connect the City with the surrounding cities of the Coachella Valley. The purchase of this property is consis tent with the following goals and policies of the General Plan 2035. 1.Circulation Element Policy 2.3: The proposed purchase supports the development of and encourages the use of continuous and convenient pedestrian and bicycle routes and multi-use paths in that the purchase could be used to connect the CV Link Regional Trail to places of employment, recreation, shopping, schools, and other high activity areas. 2.Parks Recreation and Trails Element Policies 1.1, 1.3, 1.5, and 1.8: The proposed purchase supports expanded community services to meet the health, well-being, and recreational needs of the community, uses viable financing mechanisms for funding of parks and recreational facilities, supports coordination with partner agencies and neighboring communities to expand recreational opportunities and increase access to recreational facilities and helps promote healthy and active lifestyles for residents in that the purchase could provide a recreational area that could connect to the CV Link Regional Trail to meet the communities needs and would use Proposition 68 funding which provides for recreation. 3.Open Space Element Policy 1.2: The proposed purchase supports ongoing efforts to link open space areas with multi-purpose trails in that the purchase could be used to connect the CV Link Regional Trail to places of employment, recreation, shopping, schools, and other high activity areas. 13 ENVIRONMENTAL REVIEW The La Quinta Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15061 (b) (3) “Common Sense Exemption,” in that the purchase of this property would not have a significant effect on the environment. Prepared by: Cheri Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachments: 1. Vicinity Map 14 PLANNING COMMISSION RESOLUTION 2021 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, FINDING THAT THE PURCHASE BETWEEN THE CITY OF LA QUINTA AND SHOVLIN PROPERTIES FOR CERTAIN PROPERTY LOCATED AT 78370 HIGHWAY 111 IS CONSISTENT WITH THE GENERAL PLAN 2035 WHEREAS, the Planning Commission of the City of La Quinta, California did, on October 26, 2021, consider the proposed purchase between the City of La Quinta and Shovlin Properties located at 78370 Highway 111, APN 604-050-067, comprised of approximately 0.57 acres; and, WHEREAS, the proposed purchase is anticipated to be developed as a small park area featuring shade structures, seating, and water fountains and near the CV Link Regional Trail and would help to foster an active lifestyle; and WHEREAS, the proposed purchase is exempt from environmental review pursuant to Section 15061 (b) (3) “Common Sense Exemption,” in that the purchase of this property would not have a significant effect on the environment; and WHEREAS, said Planning Commission did make the following mandatory finding under Government Code Section 65402 confirming that the proposed purchase is consistent with the following goals and policies of the City’s General Plan: 1.Circulation Element Policy 2.3: The proposed purchase supports the development of and encourages the use of continuous and convenient pedestrian and bicycle routes and multi-use paths in that the purchase could be used to connect the CV Link Regional Trail to places of employment, recreation, shopping, schools, and other high activity areas; and 2.Parks Recreation and Trails Element Policies 1.1, 1.3, 1.5, and 1.8: The proposed purchase supports expanded community services to meet the health, well-being, and recreational needs of the community, uses viable financing mechanisms for funding of parks and recreational facilities, supports coordination with partner 15 Planning Commission Resolution 2021 - General Plan Consistency - 78370 Highway 111 Purchase Adopted: Page 2 of 3 agencies and neighboring communities to expand recreational opportunities and increase access to recreational facilities and helps promote healthy and active lifestyles for residents in that the purchase could provide a recreational area that could connect to the CV Link Regional Trail to meet the communities needs and would use Proposition 68 funding which provides for recreation; and 3.Open Space Element Policy 1.2: The proposed purchase supports ongoing efforts to link open space areas with multi-purpose trails in that the purchase could be used to connect the CV Link Regional Trail to places of employment, recreation, shopping, schools, and other high activity areas. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; and SECTION 2. That the proposed purchase is exempt from environmental review pursuant to Section 15061 (b) (3) “Common Sense Exemption;” and SECTION 3. That it does find the proposed purchase is consistent with the City’s General Plan for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on October 26, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 16 Planning Commission Resolution 2021 - General Plan Consistency - 78370 Highway 111 Purchase Adopted: Page 3 of 3 __________________________ STEPHEN T. NIETO, Chairperson City of La Quinta, California ATTEST: _________________________________________ DANNY CASTRO, Design and Development Director City of La Quinta, California 17 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA,USGS, AeroGRID, IGN, and the GIS User Community HIGHW A Y 1 1 1 WASHINGTON STREETVicinity Map. ATTACHMENT 1 ATTACHMENT 118 City of La Quinta PLANNING COMMISSION MEETING: October 26, 2021 STAFF REPORT AGENDA TITLE: APPROVE CANCELLATION OF REGULAR PLANNING COMMISSION MEETINGS OF NOVEMBER 23, 2021 AND DECEMBER 28, 2021 RECOMMENDATION Approve cancellation of the regular Planning Commission meetings of November 23, 2021, and December 28, 2021. EXECUTIVE SUMMARY The Design and Development Director and Planning Staff have determined that as there are no items ready to be scheduled for November 23, 2021, and December 28, 2021, Planning Commission meetings, there is no need to hold these meetings. Advance notice of cancelled meetings will allow Planning Commissioners, Staff and the public to properly plan for deadlines, workflow, and their schedules. BACKGROUND/ANALYSIS The Design and Development Director and Planning Staff have reviewed items requiring Planning Commission (Commission) consideration and there are no matters that require the Commission’s review on November 23, 2021, and December 28, 2021. The next regular meeting of the Commission is January 11, 2022. The recommended November/December meeting schedule is: November 9, 2021 regular meeting November 23, 2021 CANCEL December 14, 2021 regular meeting December 28, 2021 CANCEL ALTERNATIVES Staff does not recommend an alternative. Prepared by: Tania Flores, Administrative Technician Approved by: Danny Castro, Design and Development Director BUSINESS SESSION ITEM NO. 1 19 City of La Quinta CITY COUNCIL MEETING: October 26, 2021 STAFF REPORT AGENDA TITLE: REVIEW IMPLEMENTATION OF NEW STARBUCKS DRIVE- THROUGH; LOCATION: NORTHWEST CORNER OF WASHINGTON STREET AND CALLE TAMPICO RECOMMENDATION Review the implementation of new Starbucks drive-through operation. EXECUTIVE SUMMARY •On November 12, 2019, City of La Quinta Planning Commission (PC) recommended approval of the new Starbucks drive-through within the La Quinta Village Shopping Center, and on December 3, 2019, the City Council approved the project. •The PC added Condition of Approval No. 69 which requires the applicant to return to the PC after receiving a certificate of occupancy to review the implementation of the drive-through. To date, there are no issues with implementation of the drive-through operation. BACKGROUND/ANALYSIS On November 12, 2019, the PC recommended approval of the new Starbucks drive- through within the La Quinta Village Shopping Center via PC Resolution 2019-011 and City Council ultimately approved on December 3, 2019 via Ordinance 582 and Resolution 2019-050 (Attachment 1). The approval included a Zone Change, Site Development Permit, and Variance. The Variance was due to the project not meeting the La Quinta Municipal Code Section 9.100.270 Drive-Through Facilities, regarding distance from residential zones. PC had discussions with the applicant on the logistics of their drive-through to make sure it operates smoothly and added Condition of Approval No. 69: “The applicant shall return to the Planning Commission within six (6) months of receiving a certificate of occupancy to review the implementation of the drive-through stacking, circulation, and directional signage and the Planning Commission or applicant may propose any additional condition necessary or proper to improve such operation”. On March 25, 2021, Starbucks received its certificate of occupancy. Since then, Staff has had multiple conversations with Starbucks staff and property management to go over drive-through logistics and have not encountered any significant issues with the drive-through circulation. In the late Summer, a separate issue occurred STUDY SESSION ITEM NO. 1 20 with landscaping, where the property management noted a significant amount of landscaping had died, including landscaping that shields cars within the drive- through lane. Due to this, Staff and property management agreed to delay the Study Session until the issue is resolved, causing this review to occur slightly outside of the six (6) month window. The property site then underwent a significant reinstallation of irrigation and landscaping, including reinstallation of shrubs along the drive-through facilities. All other aspects of its drive-through operations have run smoothly and are done correctly. The specific purpose of PC’s review is to fulfill Condition of Approval No. 69. Staff finds that no changes are necessary regarding the drive-through operation. Prepared by: Carlos Flores, Senior Planner Approved by: Cheri Flores, Planning Manager Attachments: 1. Starbucks Site Plan 21 La Quinta Village, La Quinta CA2www.architectsorange.comARCHITECTS ORANGE10/24/19LQ INVESTMENTS, LPSITE PLAN23578619NOPARKINGNOPARKING49EV2,790 SFCAV135BUILDING ENTRYMOPEVMOPPATH OF TRAVELPA PAPAPATRANSFORMER38'-0"26'-0"17'-0"25'-0"26'-6"9'-0"TYP.8'-11"12'-0"12'-0"3'-012"99'-0"4'-6"4'-0"R20'-0"R25'-0"26'-0"11'-314"11'-0"TYP.WASHINGTON STREET 32TYP2TYP46889101717181116511121TYP2TYP3414151562'-8"7778'-0"8'-0"9'-0"9'-0"19'-0"10"40'-10"20'-10"419620700 SFPATIO21'-10"36'-11"R25'-0"PAPATH OF TRAVELPATH OF TRAVELPATH OF TRAVEL 3'-5"RECYCLE TRASH 4±170' TORESIDENTAIL ZONEMOP MOP016'8'24'STARBUCKS LA QUINTA VILLAGE SHOPPING CENTER, LA QUINTA, CASCALE: 3/32" = 1'-0" @ 24"X36"SITE AREA:+/-29374 SF0.674 ACRESZONING: NEIGHBORHOOD COMMERCIAL ZONEPROPOSED ZONING CHANGE: COMMUNITY COMMERCIALTOTAL BUILDING AREA:2790 S.F.F.A.R.0.09BUILDING AREA & PARKING SUMMARY:REQUIRED PARKING:STARBUCKS2790 S.F. 10 / 100028 STALLSPATIO700 S.F. 10 / 10007 STALLSDT CAR QUEUE9 CAR QUEUEPARKING SUMMARYPROVIDED:STANDARD20 STALLSCOMPACT0 STALLSADA4 STALLSCAV1 STALLSEV2 STALLSREQUIRED:TOTAL:27 STALLS35 STALLSBICYCLE RACKSHORT TERM:4 SPACESSITE SUMMARYEXISTING PARKING STALL STRIPINGNEW TRASH ENCLOSURENEW PAINTED PARKING STRIPING1256789EXISTING LANDSCAPING TO REMAIN11NEW PATIO SEATING12NEW BIKE RACK1310EXISTING TREES TO REMAINEXISTING CURB TO REMAIN3NEW CONCRETE CURB4KEYNOTES14NEW DT COMPONENTSPATCH AND REPAIR (E) SIDEWALKNEW PATH OF TRAVELNEW CURB CUTNEW LANDSCAPING15NEW SIDEWALKROWEXISTING FIRE HYDRANT1617EXISTING SITE RETAINING WALL18LOCATION OF NEW TRANSFORMER19EXISTING MONUMENT SIGN TO REMAIN2067ATTACHMENT 122 City of La Quinta PLANNING COMMISSION MEETING: October 26, 2021 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT FOR A NEW 4,335 SQUARE FOOT DRIVE-THROUGH BUILDING FOR A PANERA RESTAURANT; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THE PROJECT IS CONSISTENT WITH EA 1996-319; LOCATION: 78902 HIGHWAY 111 PROJECT INFORMATION CASE NUMBER: CONDITIONAL USE PERMIT 2021-0001, SITE DEVELOPMENT PERMIT 2021-0006, AND ENVIRONMENTAL ASSESSMENT 2021-0004 (MASTER PROJECT 2021-0003) APPLICANT: RSI GROUP REQUEST: ADOPT A RESOLUTION TO APPROVE A SITE DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR A NEW 4,335 SQUARE FOOT DRIVE- THROUGH BUILDING FOR A PANERA RESTAURANT LOCATION: 78902 HIGHWAY 111; APN 643-080-051 CEQA: THE PROJECT IS CONSISTENT WITH THE NEGATIVE DECLARATION (EA 1996-319)ADOPTED VIA CITY COUNCIL RESOLUTION 96-52 FOR THIS SPECIFIC PLAN ON JULY 2, 1996 GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL ZONING DESIGNATION: REGIONAL COMMERCIAL SURROUNDING ZONING/LAND USES: NORTH: REGIONAL COMMERCIAL EXISTING COMMERCIAL SOUTH: REGIONAL COMMERCIAL EXISTING COMMERCIAL EAST: REGIONAL COMMERCIAL PUBLIC HEARING ITEM NO. 1 23 EXISTING COMMERCIAL WEST: REGIONAL COMMERCIAL EXISTING COMMERCIAL RECOMMENDATION Adopt a resolution to approve Conditional Use Permit 2021-0001 and Site Development Permit 2021-0006 and subject to the Findings and Conditions of Approval and find the project consistent with previously adopted Negative Declaration for One-Eleven La Quinta Specific Plan. EXECUTIVE SUMMARY •The proposed project consists of a 4,335 square foot (sf) drive-through restaurant for a new Panera on a 0.64 acre project site. The project includes demolition of an existing vacant building (former “Tacos De Ojo” restaurant) and construction of the new building within the existing commercial center. BACKGROUND/ANALYSIS The One-Eleven La Quinta Shopping Center (Center) was approved in April 1990 by the City Council under Specific Plan 89-014. The Center was approved for a potential 600,000+ sf shopping center bounded by Highway 111 to the South, Adams Street to the East, Washington Street to the West, and the Coachella Valley Water District wash to the North (Attachment 2). In October 1992, the City Council approved Amendment No. 1 to this Specific Plan allowing three (3) businesses with drive-through lanes. In July 1996, a 2nd Amendment to the Specific Plan was approved to allow two (2) additional businesses with drive-through lanes within the Center, for a total of five (5) drive-through businesses allowed. As of today, the Center has four (4) existing drive-through businesses: Carl’s Jr, Starbucks, McDonalds, and Taco Bell. The applicant is requesting a Conditional Use Permit and Site Development Permit approval for a new 4,335 sf drive-through restaurant for a Panera restaurant at 78902 Highway 111 on a 0.64 acre project site (Attachment 3). The project would include demolition of an existing vacant building (former “Tacos De Ojo” restaurant) and construction of the new building within the existing commercial center. Site Development Permit Site Design The site design fits into the rest of the Center by having similar layout and design of other businesses, specifically drive-through businesses, within the Center and along Highway 111. The building incorporates double drive-through lanes with enough stacking for 15 cars (Sheet C2.0 – Attachment 3). The drive-through design meets all standards of La Quinta Municipal Code 24 9.100.270 Drive-Through Facilities, including exceeding the requirement for a minimum of seven (7) tandem spaces in the drive-through lane. Staff worked with the applicant to include outdoor dining for the building, in line with Highway 111 Corridor visioning for comfortable gathering spaces and outdoor amenities. The project includes a 522 sf covered outdoor patio area, with a fireplace feature. The dining area connects to existing sidewalk along Highway 111, providing pedestrian connectivity and visibility. Architectural Design The applicant is proposing an architectural style that is similar and compatible with the rest of the buildings within the Center (Page 0112 – Attachment 3). (Please note: the “West” elevation is the elevation adjacent to Highway 111 and where drive-through pick ups occur and the “South” elevation is where the outdoor patio is). The building incorporates El Dorado Stone, earth tone color palette, and terra cota tiles for their pitched roofs, which provide variety with the rest of the flat roofs on the building. The building meets all development standards of the underlying zone, including height and setback standards. The building has a height of 20’-4”, with architectural projections (chimney and roof tops) projecting up to 5’-5” above this height. Parking The parking for the project meets the standards of the municipal code. The City’s parking requirements require a total of 49 spaces for the 4,857 total sf, which includes the outdoor dining area. The project includes these required parking spaces, with many of these parking spaces being existing spaces within the Center. This also includes three (3) spaces for electrical/clean air vehicles and two (2) accessible spaces. Given the abundance of parking within the Center, the building is well parked for its use. Landscaping/Lighting The project landscaping includes a combination of shrubs, accents, and vines that are drought tolerant and compatible with landscaping found throughout the City (Page L1.0 – Attachment 3). The applicant incorporates additional shrubs and trees adjacent to Highway 111 to combine with existing landscaping and provide adequate screening of cars within the drive-through lanes. The rest of the site is landscaped with appropriate mix of plants including Palo Verdes, Red Yucca, and Mediterranean Fan Palms. Exterior lighting is provided on the building, in the outdoor patio, and in the parking area. The lighting plan, and its photometric analysis, shows that the project meets the City’s lighting requirements. Conditional Use Permit Per Condition of Approval No. 71 on Specific Plan 89-014 Amendment No. 2 for the Center: “Conditional Use Permit applications shall be processed for each drive-through facility”. The applicant submitted a Conditional Use Permit application, which included a Statement of Operations (Attachment 4). Staff 25 found the Statement of Operations acceptable and consistent with other drive- through facilities within the Center and the City. AGENCY AND PUBLIC REVIEW Public Agency Review All written comments received are on file and available for review with the Design and Development Department. All applicable comments have been adequately addressed and/or incorporated in the recommended Conditions of Approval, including a review by the City’s Traffic Engineer on the proposed drive-through design. Public Notice This project was advertised in The Desert Sun newspaper on October 15, 2021 and mailed to all property owners within 500 feet of the site. No written comments have been received as of the date of this writing. Any written comments received will be handed out at the Planning Commission hearing. ENVIRONMENTAL REVIEW The La Quinta Design and Development Department has determined that this project is within the One-Eleven La Quinta Center Specific Plan and is consistent with the Negative Declaration (EA 1996-319) adopted by the La Quinta City Council on July 2, 1996, via Resolution 96-52. Prepared by: Carlos Flores, Senior Planner Approved by: Danny Castro, Design and Development Director Attachments: 1.Existing Site Photos 2.One-Eleven La Quinta Shopping Center Boundary Map 3. Plan Set 4. Statement of Operations 26 1 PLANNING COMMISSION RESOLUTION 2021 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2021-0001 AND SITE DEVELOPMENT PERMIT 2021-0006 FOR A NEW 4,335 SQUARE FOOT DRIVE-THROUGH BUILDING FOR A PANERA RESTAURANT AT 78902 HIGHWAY 111 CASE NUMBERS: CONDITIONAL USE PERMIT 2021-0001, SITE DEVELOPMENT PERMIT 2021-0006, AND ENVIRONMENTAL ASSESSMENT 2021-0004 (MASTER PROJECT 2021-0003) APPLICANT: RSI GROUP WHEREAS, the Planning Commission of the City of La Quinta, California did, on October 26, 2021, hold a duly noticed Public Hearing to consider a request by RSI Group for approval of a Conditional Use Permit and Site Development Permit for a new drive-through restaurant located at 78902 Highway 111 more particularly described as: APN 643-080-051 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on October 15, 2021, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Conditional Use Permit 2021-0001 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the Municipal Code to justify approval of said Conditional Use Permit: 1.Consistency with General Plan The proposed development is consistent with the General Plan land use designation of General Commercial. The City’s General Plan policies relating to the General Commercial designation encourage commercial uses in the City and the proposed use maintains those 27 Planning Commission Resolution 2021 - Master Project 2021-0003 Panera Restaurant Adopted: Page 2 of 5 policies. The proposed project is consistent with Goal ED-1 as it will contribute to a balanced and varied economic base which provides fiscal stability to the City, and a broad range of goods and services to its residents and the region. 2.Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code and Specific Plan 89-014 in terms of site plan and landscaping. The Conditional Use Permit has been conditioned to ensure compliance with the Zoning Code’s development standards, and is consistent with uses allowed in the Regional Commercial zone and Specific Plan project area. 3.Compliance with California Environmental Quality Act The La Quinta Design and Development Department has determined that this project is consistent with the Negative Declaration (EA 1996-319) adopted by the La Quinta City Council on July 2, 1996, via Resolution 96-52 for the One-Eleven La Quinta Center Specific Plan. 4.Surrounding Uses The proposed project, as conditioned, will not create conditions material detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The project is compatible with surrounding commercial, and drive-through businesses. Site Development Permit 2021-0006 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1.Consistency with General Plan The proposed development is consistent with the General Plan land use designation of General Commercial. The City’s General Plan policies relating to the General Commercial designation encourage commercial uses in the City and the proposed use maintains those policies. The proposed project is consistent with Goal ED-1 as it will 28 Planning Commission Resolution 2021 - Master Project 2021-0003 Panera Restaurant Adopted: Page 3 of 5 contribute to a balanced and varied economic base which provides fiscal stability to the City, and a broad range of goods and services to its residents and the region. 2.Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code and Specific Plan 89-014 in terms of site plan and landscaping. The Site Development Permit has been conditioned to ensure compliance with the Zoning Code’s development standards, including standards for parking lot design, amount of parking required, and height standards, as well as consistency with the Specific Plan which allows for this drive-through location and use and is consistent with the rest of the Specific Plan. 3.Compliance with California Environmental Quality Act The La Quinta Design and Development Department has determined that this project is consistent with the Negative Declaration (EA 1996-319) adopted by the La Quinta City Council on July 2, 1996, via Resolution 96-52 for the One-Eleven La Quinta Center Specific Plan. 4.Architectural Design The proposed project, as conditioned, is consistent in design with the Zoning Code, with development in the Regional Commercial zone, and with development within the subject Specific Plan. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. 5.Site Design The site design of the project, including project entries, circulation, screening, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the Regional Commercial zone and the City. The site design meets all requirements for drive-through facilities meanwhile activating pedestrian access off Highway 111 with its connection to sidewalks from an outdoor dining area. 29 Planning Commission Resolution 2021 - Master Project 2021-0003 Panera Restaurant Adopted: Page 4 of 5 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics, including drought tolerant desert landscaping, established in the General Plan and Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That the above project is determined to be consistent with the Negative Declaration (EA 1996-319) adopted by the La Quinta City Council on July 2, 1996, via Resolution 96-52; SECTION 3. That it does hereby approve Conditional Use Permit 2021-0001, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A]. SECTION 4. That it does hereby approve Site Development Permit 2021- 0006, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit B]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on October 26, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 30 Planning Commission Resolution 2021 - Master Project 2021-0003 Panera Restaurant Adopted: Page 5 of 5 _________________________________ STEPHEN T. NIETO, Chairperson City of La Quinta, California ATTEST: _______________________________________________ DANNY CASTRO, Design and Development Director City of La Quinta, California 31 EXHIBIT A PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2021-0001 PANERA BREAD ADOPTED: Page 1 of 1 CONDITIONS OF APPROVAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Conditional Use Permit 2021-0001 shall comply with all applicable conditions and/or mitigation measures for the following related approval: Specific Plan 1989-014 and all subsequent amendments Environmental Assessment 1989-150 Site Development Permit 2021-0006 Environmental Assessment 2021-0004 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 3. This Conditional Use Permit shall expire on October 26, 2023, and shall become null and void in accordance with Municipal Code Section 9.200.080, unless the use has been established. A time extension may be requested per LQMC Section 9.200.080 4. Any expansion or substantial modifications to the approved plan shall require an amendment of this Conditional Use Permit. Minor modifications to this Conditional Use Permit shall be considered by the Design and Development Director and may require notification of surrounding property owners prior to such approval. All other amendments shall be processed in accordance with LQMC 9.200.100. 32 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 1 of 14 CONDITIONS OF APPROVAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Site Development Permit 2021-0006 shall comply with all applicable conditions and/or mitigation measures for the following related approval: Specific Plan 1989-014 and all subsequent amendments Environmental Assessment 1989-150 Conditional Use Permit 2021-0001 Environmental Assessment 2021-0004 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 3. This Site Development Permit shall expire on October 26, 2023, and shall become null and void in accordance with Municipal Code Section 9.200.080, unless the required ministerial permits have been issued. A time extension may be requested per LQMC Section 9.200.080 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required:  Riverside County Fire Marshal  La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form – Whitewater River Region, Improvement Permit)  La Quinta Planning Division  Riverside Co. Environmental Health Department 33 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 2 of 14  Desert Sands Unified School District (DSUSD)  Coachella Valley Water District (CVWD)  Imperial Irrigation District (IID)  California Regional Water Quality Control Board (CRWQCB)  State Water Resources Control Board  SunLine Transit Agency  South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2012-0006-DWQ. A. The applicant shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non-Storm Water Management. 6) Waste Management and Materials Pollution Control. B. The BMPs shall remain in effect for the entire duration of project construction until all improvements are completed. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents 34 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 3 of 14 or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. 9. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing parking lot that access public streets and open space/drainage facilities of the master development. 10. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, or other encroachments will occur. PARKING LOTS and ACCESS POINTS 11. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking spaces and aisle widths and the double hairpin stripe parking space design shall conform to LQMC Chapter 9.150. 35 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 4 of 14 B. Cross slopes should be a maximum of 2% where accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans so that accessibility issues can be evaluated. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking space lengths shall be according to LQMC Chapter 9.150 and be a minimum of 18 feet in length with a 2-foot overhang for all parking spaces or as approved by the City Engineer. One van accessible parking space is required per 6 accessible parking spaces. F. Drive aisles between parking spaces shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet or as approved by the City Engineer. 12. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5” a.c./5.5” c.a.b. or the approved equivalents of alternate materials. 13. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 36 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 5 of 14 14. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 15. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS 16. As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect,” refers to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 18. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Final WQMP (Plan submitted in Report Form) B. On-Site Commercial Precise Grading 1" = 20' Horizontal NOTE: A through B to be submitted concurrently. (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 37 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 6 of 14 “On-Site Commercial Precise Grading” plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. “On-Site Commercial Precise Grading” plans shall normally include all on- site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and accessibility requirements. 19. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works Development “Plans, Notes and Design Guidance” section of the City website (www.laquintaca.gov). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 20. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 21. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. GRADING 22. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 38 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 7 of 14 23. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. A. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: B. A grading plan prepared by a civil engineer registered in the State of California, C. A preliminary geotechnical (“soils”) report prepared by a professional registered in the State of California, D. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and E. A WQMP prepared by an authorized professional registered in the State of California, and All grading shall conform with the recommendations contained in the Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 24. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 25. Building pad elevations on the precise grading plan submitted for City Engineer’s approval shall conform with the pad elevation shown on the Site Development Permit Preliminary Grading Plans, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. Pad elevation will need to be shown on final precise grading plan. 39 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 8 of 14 26. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5’) from the elevations shown on the Site Development Permit Preliminary Grading Plans, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 27. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. DRAINAGE 28. Stormwater handling shall conform with the approved hydrology and drainage report for One-Eleven La Quinta Shopping Center, or as approved by the City Engineer. 29. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 30. The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as 40 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 9 of 14 required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7- 2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of all post-construction stormwater BMPs. UTILITIES 31. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 32. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above-ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 33. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. RIVERSIDE COUNTY FIRE MARSHAL 32. Fire Department Access: Provide a site plan for fire apparatus access roads and signage. Access roads shall be provided to within 150 feet to all portions of all buildings and shall have an unobstructed width of not 41 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 10 of 14 less than 24-feet exclusive of curb-side parking, bike lanes and other roadway features. The construction of the access roads shall be all weather and capable of sustaining 40,000 lbs. over two axles for areas of residential development and 60,000 lbs. over two axels for commercial developments. Ref. CFC 503.1.1 and 503.2.1 as amended by the City of La Quinta. A. Fire Lane marking: Identification and marking of fire lanes, including curb details and signage shall be in compliance with Riverside County Fire Department Standards. 33. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1 34. 3-feet clearance: Fire hydrants and other Fire Protection Equipment shall be provided with a minimum 3-feet radius clearance around the circumference of the device. (CFC 507.5.5, 509.2.1 & 912.4.2) 35. Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, installation and operational use permitting will be required. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews these plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code, and related codes, which are in effect at the time of building plan submittal. 36. Fire Sprinkler System: All new commercial structures 3,600 square feet or larger will be required to install a fire sprinkler system. Ref. CFC 903.2 as amended by the City of La Quinta. 37. Private Fire Main: Modifications of the existing private fire main service from the existing in vault backflow prevention device and to the supply service of the required overhead automatic fire sprinkler system shall be approved by fire permit review. Ref. CFC 105.7.1 38. Fire Alarm and Detection System: A water flow monitoring system and/or fire alarm system may be required and determined at time of building plan review. Ref. CFC 903.4, CFC 907.2 and NFPA 72 42 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 11 of 14 39. Knox Box Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. Ref. CFC 506.1 40. Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01 CONSTRUCTION 34. Plans shall be prepared to the applicable code at the time of submittal for building permit. As of January 1, 2020, these are the 2019 California Building Codes. 35. Any building, structure, facility, complex or improved area, or portions thereof, which are used by the general public shall be provided barrier free design to ensure that these improvements are accessible to and usable by persons with disabilities. Plans shall fully detail how the proposed facility complies with the California Accessibility Standards defined in Title 24 Chapter 11B and Federal ADA Regulations. a. The parallel curb ramp design as currently shown from building to accessible parking space will require a warning curb per CBC 11B-303.5 for abrupt changes in level exceeding 4 inches in a vertical dimension. b. Walk Up Sale and Service Counter required to comply with CBC 11B-227 / 904.4. c. Protruding objects, including a projecting sale or service counter, shall comply with CBC 11B-307. 36. The provisions of California Green Building Standards Code outline planning, design and development methods that include environmentally responsible site selection, building design, building siting and development to protect, restore and enhance the environmental quality of the site and respect the integrity of adjacent properties, please provide compliance information on plans as applicable. Include planning and design requirements of division 5.1, and the applicable water efficiency 43 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 12 of 14 and conservations and the material conservation and resource efficiency for exterior items of division 5.3, and 5.4 respectfully. 37. The City will conduct final inspections of habitable building only when the buildings have parking lot improvements and (if required) sidewalk access to publicly maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. LANDSCAPE AND IRRIGATION 38. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 39. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. Said landscaping shall be constantly maintained by the center owner with damaged, dead or dying plant material immediately replaced with healthy plant material of equivalent size. 40. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 41. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 42. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height, and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. The illuminated carports shall be included in the photometric study as part of the final lighting plan submittal. 43. All water features shall be designed to minimize “splash”, and use high efficiency pumps and lighting to the satisfaction of the Planning Manager. 44 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 13 of 14 They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 44. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 45. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Final Landscape Plans shall be consistent with the Preliminary landscaping plans shown in Site Development Permit 2021-0006, including tree container size being a minimum 24” box size. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. 46. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO “A Policy on Geometric Design of Highways and Streets, 5th Edition” or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 47. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 48. The applicant shall make provisions for the continuous and perpetual maintenance of all private on-site improvements, perimeter landscaping, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 49. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by 45 EXHIBIT B PLANNING COMMISSION RESOLUTION 2021- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2021-0006 PANERA BREAD ADOPTED: Page 14 of 14 the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 50. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 46 #1254 78902 HIGHWAY 111 LA QUINTA, CA 92253 EXISTING EXTERIOR PHOTOSO115 ATTACHMENT 1 47 #1254 78902 HIGHWAY 111 LA QUINTA, CA 92253 EXISTING EXTERIOR PHOTOSO116 48 'C -. f ' ONE ELEVEN-LA QU\NT A PLANNED SIGN PROGRAM ~ FREE ST AND\N~ S\GN LOCATIONS 5 ATTACHMENT 2 49 C1.019-000856#6'1(%#.+(140+#UTILITIESDESIGN AND DEVLOPMENT CONTACTSPROJECT DATAATTACHMENT 350 C2.019-000856#6'1(%#.+(140+#PAR ING CALCULATIONSEEDNOTESS OPPING CENTERPAR ING E I IT51 C3.019-000856#6'1(%#.+(140+#GRADING A REVIATIONS52 PANERA BREADJob NumberSheet Number19-0008#L1.0LANDSCAPE ARCHITECTDateRenewal DateSignature8-11-215-31-23LICENSEDLANDSCAPEARCH IT ECT S T A TEOFCALIFORNIATHOMASH.KOCHN o .3 6 02 N1" = 10'010510 2.5GRAPHIC SCALE53 PANERA BREADJob NumberSheet Number19-0008#L1.0LANDSCAPE ARCHITECTDateRenewal 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An Ingenium International Company 325 N. La Salle Street, Suite 500 Chicago, IL 60654 U.S.A T 312 424 2400 norr.com 7/6/2021 Statement of Operations Panera Bread operates as a bakery café, fast-casual restaurant, with over 2,000 locations around the United States and Canada. Panera is committed to serving food that does not contain artificial preservatives, flavors or sweeteners and colors from artificial sources. Panera offers a wide variety of pastries and baked goods, which are typically baked every morning by an on- staff baker. Aside from the bakery selections, Panera serves a regular menu for dine-in or takeout including, sandwiches, flatbreads, pastas, soups, salads, Panera Kids, smoothies, coffee drinks, and tea. Panera will not serve alcohol at this location. The proposed hours of operation for both the store and drive-thru of this location will be Monday through Saturday, 6:00 AM-10 PM, and Sunday, 7 AM-9 PM. Live entertainment will not be provided at this location. This location will employ about 12-15 employees per shift, with a total of 60-70 employees. The estimated customers will be will be determined at a future date. There will be no private security at this site. This location will provide a total of forty-nine (49) parking spaces, which includes 12 standard on-site parking, 35 standard shared parking and 2 accessible parking spaces. Product deliveries will occur daily overnight for dough deliveries (approx. 12:00-2:00am), and twice weekly for dry goods (during normal business hours). ATTACHMENT 4 59 City of La Quinta PLANNING COMMISSION MEETING STAFF ITEM TO: Honorable Chair and Members of the Planning Commission FROM: Siji Fernandez, Associate Planner DATE: October 26, 2021 SUBJECT: WIRELESS TELECOMMUNICATIONS INVENTORY UPDATE Wireless telecommunication facilities are governed by the requirements of the La Quinta Municipal Code (LQMC) Chapter 9.170, Wireless Telecommunication Facilities (facilities). New facilities require approval of a Conditional Use Permit by the Planning Commission and additions to existing facilities require approval of a Minor Use Permit by Director Decision. Section 9.170.080 requires a ten-year review by the Planning Commission and the Planning Commission previously requested for this to be an annual occurrence. The Planning Commission, from 2017 to present, has received status reports of approved facilities in the City of La Quinta for compliance with conditions of approval. Six (6) facilities were out of compliance in 2017, one (1) was out of compliance in 2018, none were out of compliance in 2019, and one (1) was out of compliance in 2020. A total of 19 facilities are constructed and currently operational (Attachment 1). All facilities are currently in compliance with its CUP conditions of approval. Staff conducted a visual survey during the week of September 27, 2021, of the facility locations and reviewed the condition of the facilities for compliance with conditions of approval. A summary of the status of the 19 operational facilities is provided in the table below as well as a detailed table in Attachment 2. Attachments: 1. Map of La Quinta Wireless Telecommunication Facilities 2. Detailed Status of Existing Wireless Telecommunication Facilities STAFF ITEM NO. 1 60 Table of Approved La Quinta Wireless Telecommunication Facilities No Case No. Address Approval Date Type Facility Condition 1 CUP 1996- 025 78150 Calle Tampico September 24, 1996 Rooftop In Compliance 2 CUP 2017- 0003 78611 Highway 111 July 11, 2017 Monopalm In Compliance 3 CUP 1999- 043 78080 Calle Estado April 13, 1999 Rooftop In Compliance 4 CUP 1999- 045 47950 Dune Palms Road July 27, 1999 Monopalm In Compliance 5 CUP 2001- 054 77865 Avenida Montezuma March 13, 2001 Monopalm In Compliance 6 CUP 2001- 055 49499 Eisenhower Drive April 3, 2001 Monopalm In Compliance 7 CUP 2001- 059 81600 Avenue 58 May 8, 2001 Tower In Compliance 8 CUP 2001- 060 78790 Highway 111 July 10, 2001 Monopalm In Compliance 9 CUP 2001- 061 49499 Eisenhower Drive July 24, 2001 Monopalm In Compliance 10 CUP 2001- 062 81600 Avenue 58 August 28, 2001 Tower In Compliance 11 CUP 2001- 063 46600 Adams Street October 9, 2001 Monopalm In Compliance 12 CUP 2004- 085 54001 Madison Street September 14, 2004 Monopalm In Compliance 13 CUP 2009- 119 47647 Caleo Bay Drive July 28, 2009 Rooftop In Compliance 14 CUP 2009- 124 78998 Miles Avenue April 27, 2010 Monopalm In Compliance 61 15 CUP 2009- 127 78136 Francis Hack Lane April 27, 2010 Monopalm In Compliance 16 CUP 2012- 148 77750 Avenue 50 July 22, 2014 Monopalm In Compliance 17 CUP 2008- 118 54001 Madison Street March 24, 2009 Monopalm (Colocation) In Compliance 18 CUP 2018- 0003 77753 Avenida Montezuma July 24, 2018 Monopalm In Compliance 19 CUP 2015- 0003 78082 Francis Hack Lane July 12, 2016 Monopalm In Compliance 62 SH-111 MADISON ST54TH AVEWASHINGTON ST48TH AVE EISENHOWER DR52ND AVE JEFFERSON STMILES AVE 58TH AVE FRED WARING DR 50TH AVE MONROE STJEFFERSON ST50TH AVE JEFFERSON STEISENHOWER DR 58TH AVE 2 9 8 7 6 5 4 3 19 18 17 16 15 14 13 12 11 10 CITY OF LA QUINTA WIRELESS TELECOMMUNICATIONS FACILITIES ¯ UPDATED JUNE 28, 2019 Legend La Quinta City Limits Wireless Telecommunications Facilities ATTACHMENT 1 63 Site 1 Planning Case Nos: CUP1996-025, MUP2015-0012, MUP2020-0007 Approval Date: September 24, 1996 Location: 78150 Calle Tampico Type: Rooftop Building Height: 43’5” Status: Consistent with Conditions of Approval for CUP and MUPs. A Minor Use Permit (MUP) was approved October 5, 2020, to modify antenna structures and work is complete. In Compliance Last Known Provider: T-Mobile Approved Plans ATTACHMENT 2 Existing Conditions 64 Site 2 Planning Case Nos: CUP1996-026, TUP2015-0011, CUP2017-0003 Approval Date: September 24, 1996 Location: 78611 Highway 111 - La Quinta Square (formerly Simon Motors) Type: Monopalm Building Height: 49’ Status: The wireless facility originally was constructed as a rooftop facility behind a parapet wall at Simon Motors. The Simon Motors building was demolished for redevelopment of the site as La Quinta Square. TUP2015- 0011 allowed for a temporary wireless facility during construction of La Quinta Square, until a permanent location could be established. CUP2017- 0003 was approved July 11, 2017, for a permanent monopalm facility. In Compliance Last Known Provider: T-Mobile CUP 1996-026- Simulation Exhibit Existing Conditions 65 Site 3 Planning Case Nos: CUP1999-043, MUP2014-1072 Approval Date: April 13, 1999, (MUP2014-1072 approved on June 13, 2014) Location: 78080 Calle Estado Type: Rooftop Building Height: 37’ to top of parapet Status: The rooftop wireless facility is in good condition and is well screened by a parapet wall. A Minor Use Permit (MUP) was approved for a ground- mounted generator in the building parking area to serve the wireless facility. In Compliance Last Known Provider: Verizon CUP 1996-043 Exhibit Existing Conditions 66 Site 4 Planning Case Nos: CUP1999-045, MUP2014-1072 Approval Date: July 27, 1999 Location: 47950 Dune Palms Road (Rear Parking lot of the Desert Sands Unified School District) Type: Monopalm Facility Height: 50’ Status: Limited visibility from public streets. Two date palm trees were required to be installed at a height of 40’ and 35’ to mitigate adverse visual effects of the monopalm. Two live date palms were observed. Condition No. 5 requires that the trees be permanently irrigated and maintained by the applicant or DSUSD. If the trees die, they are required to be replaced immediately. In Compliance Last Known Provider: Nextel CUP 1999-045 Exhibit Existing Conditions 67 Site 5 Planning Case Nos: CUP2001-054, MUP2014-1013 (Equipment Replacement), CUP2009-122 (Colocation) Approval Date: March 13, 2001 Location: 77865 Avenida Montezuma, La Quinta Community Park Type: Monopalm Facility Height: 60 feet Status: The palm fronds were replaced and are consistent with the approved plans. Conditions of Approval specific to maintenance were approved with the colocation CUP. In Compliance Last Known Provider: Verizon CUP 2001-054 Exhibit Existing Conditions 68 Site 6 Planning Case No: CUP2001-055 Approval Date: April 3, 2001 Location: 49499 Eisenhower Drive, La Quinta Resort Type: Monopalm Facility Height: 65 feet Status: The monopalm is in good condition. The facility equipment is roof- mounted on the adjacent building. No additional palm tree planting was required. In Compliance Last Known Provider: Verizon CUP 2001-055 Exhibit Existing Conditions 69 Site 7 Planning Case Nos: CUP2001-059, MUP2014-1002, MUP2012-1050, MUP2014-1006 (Equipment Replacement) Approval Date: May 8, 2001 Location: 81600 Avenue 58, Imperial Irrigation District Type: Tower Facility Height: 101’ 1” Status: No conditions for disguising equipment were approved. Antennas are currently located lower on the tower. Limited visibility of structure from Avenue 58. In Compliance Last Known Provider: Sprint PCS CUP 2001-059 Exhibit Existing Conditions 70 Site 8 Planning Case Nos: CUP2001-060, MUP2011-1034 (Colocation), MUP2015- 0010 (Equipment Replacement) Approval Date: July 10, 2001 Location: 78790 Highway 111, One-Eleven La Quinta Center (CVWD Well Site) Type: Monopalm Facility Height: 60’ Status: Condition No. 7 requires permanent irrigation watering on a timer system for two live date palm trees. The two date palms are present at the site. In Compliance Last Known Provider: Verizon CUP 2001-060 Exhibit Existing Conditions 71 Site 9 v Planning Case Nos: CUP2001-061, MUP2014-1001 (Replace Equipment) Approval Date: July 24, 2001 Location: 49499 Eisenhower Drive, La Quinta Resort Type: Monopalm Facility Height: 65’ Status: Two live palm trees were required per approved plans and are in good condition. No conditions of approval specific to regular maintenance were included with the CUP. In Compliance Last Known Provider: AT&T CUP 2001-061 Exhibit Existing Conditions 72 Site 10 Planning Case Nos: CUP2001-062, MUP2011-1017 (Equipment Replacement), MUP2012-1053 (Equipment Replacement), MUP2016-1011 (Equipment Replacement) Approval Date: August 28, 2001 Location: 81600 Avenue 58, Imperial Irrigation District Type: Tower Facility Height: 120’ Status: Two sets of antenna arrays are visible. Conditions of approval have been satisfied. In Compliance Last Known Provider: AT&T CUP 2001-062 Exhibit Existing Conditions 73 Site 11 Planning Case Nos: CUP2001-063, MUP2012-1043 (Equipment Replacement), MUP2014-1005 (Colocation), CUP2001-063 Amendment No. 2 Approval Date: October 9, 2001, Amendment No. 2 approved July 28, 2009 Location: 46600 Adams Street, Extra Space Storage Type: Monopalm Facility Height: 73 feet Status: Two live palm trees were required with CUP2001-063. Two live palm trees were observed at the site. Condition No. 25 requires perpetual maintenance of the facility. In Compliance Last Known Provider: Sprint CUP 2001-063 Exhibit Existing Conditions 74 Site 12 Planning Case Nos: CUP2004-085 and CUP2004-085, Amendment No. 1 Approval Date: September 14, 2004, Amendment No. 1 approved September 8, 2009 Location: 54001 Madison Street, Fire Station #70 Type: Monopalm Facility Height: 60 feet Status: Condition No. 21 requires synthetic palm fronds to extend a minimum of three (3) feet beyond the communication antennas. No new palm trees were required. Condition No. 17 requires that the applicant protect all existing landscaping and irrigation. These conditions have been satisfied. In Compliance Last Known Provider: Sprint, (Amendment 1 Collation- Metro PCS) Existing Conditions CUP 2004-085 Exhibit 75 Site 13 Planning Case No: CUP2009-119, MUP2015-0003, MBA2015-0007, MA2015-0005 Approval Date: July 28, 2009 Location: 47647 Caleo Bay Drive Type: Rooftop Building Height: 38’9” to top of parapet Status: The facility includes six (6) antennas, 3 (3) feet in height behind four (4) additional building cornices built to match existing building architecture. Conditions of Approval have been satisfied and wireless equipment is fully screened from view. A Minor Use Permit (MUP) and Modification By Applicant (MBA) were approved for Verizon to install a 12 panel roof-mounted antenna, screened by new modified parapet walls, along the side elevation. In Compliance Last Known Provider: Metro PCS CUP 2009-119 Exhibit Existing Conditions 76 Site 14 Planning Case No: CUP2009-124 Approval Date: April 27, 2010 Location: 78998 Miles Avenue, Family Heritage Church Type: Monopalm Facility Height: 57 feet Status: Condition No. 20 requires perpetual maintenance of the facility and landscaping. Bougainvillea vines were required to be planted around the wall enclosure. The applicant was required to install three (3) Mexican Fan Palms at a height of 35 feet in Condition No. 31. The trees have been installed and assist in screening the tower from Adams Street. In Compliance Last Known Provider: T-Mobile CUP 2009-124 Exhibit Existing Conditions 77 Site 15 Planning Case Nos: CUP2009-127, MUP2012-1049 (Replace Equipment), MUP2014-1004 (Colocation) Approval Date: April 27, 2010 Location: 78136 Francis Hack Lane, Fire Station #32 Type: Monopalm Colocation Facility Height: 54’-6” feet colocation, tower is 74 feet Status: In 2002, Riverside County and Sprint PCS approved a lease agreement for a 74 foot high monopalm tower. Condition No. 15 required the applicant to replace existing and deteriorated faux palm fronds. The applicant was to install a minimum of 80 faux palm fronds to extend to the lowest point of the new panel antennas. The new faux palm fronds have been installed and are consistent with the condition. In Compliance Last Known Provider: Sprint Existing Conditions CUP 2009-127 Exhibit 78 Site 16 Planning Case No: CUP2012-148 Approval Date: July 22, 2014 Location: 77750 Avenue 50, La Quinta Country Club Type: Monopalm Facility Height: 45 feet Status: Condition No. 18 requires installation of four (4) live palm trees. Condition No. 26 requires maintenance of the facility consistent with Conditions of Approval. In Compliance Last Known Provider: Verizon CUP 2012-148 Exhibit Existing Conditions 79 Site 17 Planning Case No: CUP2008-118 Approval Date: March 24, 2009 Location: 54001 Madison Street, Fire Station #70 Type: Monopalm Facility Height: 60 feet Status: Condition No. 33 requires synthetic palm fronds to extend a minimum of three (3) feet beyond the communication antennas. No new palm trees were required. Condition No. 25 requires that the applicant protect all existing landscaping and irrigation. These conditions have been satisfied. In Compliance Last Known Provider: Verizon Existing Conditions CUP 2008-118 Exhibit 80 Site 18 Planning Case No: CUP2018-003 Approval Date: July 24, 2018 Location: 77753 Avenida Montezuma Type: Monopalm Facility Height: 65 feet Status: Condition No. 28 requires branches to extend a minimum of 18 inches beyond the antenna arrays; Condition No. 29 requires including 50 fronds; Condition No. 30 requires installation of one (1) California fan palm. All conditions have been satisfied. In compliance Last Known Provider: AT&T CUP 2018-003 Exhibit Existing Conditions 81 Site 19 Planning Case No: CUP2015-003 Approval Date: July 12, 2016 Location: 78082 Francis Hack Lane Type: Monopalm Facility Height: 65 feet Status: Condition No. 28 requires the applicant submit a definitive color/paint scheme for the trunk of the monopalm. The applicant submitted a detailed color/ paint scheme to staff and also removed the unapproved Palm Tree skirt. All conditions have been satisfied. In compliance Last Known Provider: Verizon CUP 2015-003 Exhibit Existing Conditions 82 POWERPOINTS PLANNING COMMISSION OCTOBER 26, 2021 PLANNING COMMISSION MEETING OCTOBER 26, 2021 1 Planning Commission Meeting October 26, 2021 Pledge of Allegiance 1 2 PLANNING COMMISSION MEETING OCTOBER 26, 2021 2 Public Comment - Teleconference Join virtually via Zoom: https://us06web.zoom.us/j/88146423364 Meeting ID: 881 4642 3364 “Raise Hand” to speak Or join via phone: (720) 707 - 2699 *9 = Raise Hand to speak when addressed *6 = Unmute when prompted Please limit your comments to 3 minutes. How to “Raise Hand” via Computer 3 4 PLANNING COMMISSION MEETING OCTOBER 26, 2021 3 How to “Raise Hand” via Smart Phone App Planning Commission Meeting October 26, 2021 C2 – General Plan Consistency for Proposed Property Purchase 5 6 PLANNING COMMISSION MEETING OCTOBER 26, 2021 4 7 8 PLANNING COMMISSION MEETING OCTOBER 26, 2021 5 Planning Commission Meeting October 26, 2021 SS1 – Starbucks Drive-Through Review Background •New Starbucks drive-through approved at Northwest Corner of Calle Tampico and Washington •PC added condition to review implementation of drive-through 6 months after operation 9 10 PLANNING COMMISSION MEETING OCTOBER 26, 2021 6 Site Plan Analysis •Staff and Applicant agreed to delay outside the 6 month window due to reinstallation of landscaping •No issues with drive-through circulation have been observed 11 12 PLANNING COMMISSION MEETING OCTOBER 26, 2021 7 Recommendation •Specific purpose of PC’s review is to fulfill Condition of Approval •Staff finds that no changes are necessary regarding the drive-through operation 13 14 PLANNING COMMISSION MEETING OCTOBER 26, 2021 8 Planning Commission Meeting October 26, 2021 PH1 – Conditional Use and Site Development Permits for Panera Restaurant Background •The project site consists of 0.64 acres within One-Eleven La Quinta Shopping Center with a vacant building currently onsite. •Amendment #2 to Specific Plan was approved for 5 drive-throughs, including adopting a Negative Declaration –Shopping center currently has 4 drive-throughs 15 16 PLANNING COMMISSION MEETING OCTOBER 26, 2021 9 Vicinity Map Analysis •Applicant requesting CUP and SDP approval for a new 4,335 sf drive- through Panera restaurant •Existing building would be demolished to accommodate new building 17 18 PLANNING COMMISSION MEETING OCTOBER 26, 2021 10 Site Development Permit •Project includes: –4,335 sf for Panera restaurant –Double-drive through lanes for 15 car stacking –522 sf outdoor patio area with fireplace feature Site Plan 19 20 PLANNING COMMISSION MEETING OCTOBER 26, 2021 11 Site Plan Renderings 21 22 PLANNING COMMISSION MEETING OCTOBER 26, 2021 12 Renderings Elevations 23 24 PLANNING COMMISSION MEETING OCTOBER 26, 2021 13 Elevations Site Development Permit •Architecture compatible with rest of the Center •49 parking spaces, utilizing existing spaces. –3 spaces for clean air/electrical, with 2 of those for charging stations. Building Code currently will require more 25 26 PLANNING COMMISSION MEETING OCTOBER 26, 2021 14 Site Development Permit •Landscaping incorporates existing landscaping along Highway 111 while adding more for adequate screening and throughout site Landscaping 27 28 PLANNING COMMISSION MEETING OCTOBER 26, 2021 15 Conditional Use Permit •Specific Plan condition requires CUP for any drive-through •Project submitted a Statement of Operations which is acceptable for drive-through operations Recommendation •Adopt a resolution to approve Conditional Use Permit 2021-0001 and Site Development Permit 2021-0006 subject to the findings and conditions of approval and find the project consistent with Environmental Assessment 1996-319 29 30 PLANNING COMMISSION MEETING OCTOBER 26, 2021 16 Planning Commission Meeting October 26, 2021 S1 – Wireless Telecommunication Update 31 32 PLANNING COMMISSION MEETING OCTOBER 26, 2021 17 Brief History •Section 9.170.080 requires a ten-year review by the Planning Commission •From 2017 to present, the Planning Commission has received annual reports of approved facilities •We currently have 19 operational cell towers 33 34 PLANNING COMMISSION MEETING OCTOBER 26, 2021 18 Samples Francis Hack Lane 35 36 PLANNING COMMISSION MEETING OCTOBER 26, 2021 19 37 HANDOUTS PLANNING COMMISSION OCTOBER 26, 2021 PLANNING COMMISSTION MEETING - OCTOBER 26, 2021 - HANDOUT PROVIDED BY ALENA CALLIMANIS PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - CORAL MOUNTAIN WAVE PROJECT