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MA 2016-0001City o„ f Ga Quinta 78-495 Calle Tampico La Quinta, California 92253 PHONE:760.777.7125 FAX:760.777.1233 I7 _Office, Use Onl Case Number' Accepted Assigned 30-Day By To Deadline MMI U - 000l I_ NCB Z.-iD-1(o Notes: , T PM lo I �' 0(� MINOR ADJUSTMENT APPLICATION a RECEIVED JAN 12 2016 CITY OF L4 OUINTA COMMUNITY DEVELOPMENT Planning Stamp Sections A. B and C are to be completed by the'applicant'in their entirety and shall be accompanied by all listed plans.. studies, reports and exhibits listed in Section D ur►less specifically -waived by the appropriate"City staff member and noted thereon: , 'SECTION A - PROJECT INFORMATION Project Name: Lof /33 of maxi 294ya-.2 Requested - Adjustment: 67.1z S.F" APN #(s): 770- /45-yo/ Site Address/ Location: 7g_ C�u15.4ven�Wa Ld T--Qkt f d ' 1-cl ©u�� General Plan: 11d Zoning: )e6+skh, 44 i Specific Plan:, Proposed Use: Proposed Phases: �y/,r� Related Cases: Minor Adjustment Application Page 1 of 7 City of La Quinta - Planning Department - 760.777.7125, 05.20.13 RkApplication Submittal Forms\ApplicationsWIA\MA Application - 05.20.13.doc ECTION B - T OF FINDINGS • The purpose of this form is to provide a detailed statement addressing the required findings that must be made in order for a minor adjustment to be granted. Please use a separate sheet if needed. Surrounding Uses. Why will approval of the adjustment not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity? SECTION C - APPLICANT/OWNER INFORMATION Applicant: ►c1K Morrf s C769) 774z.&Qys-- (Name) (Phone) S1 2--C Address) -Iidic . -U arm a L�.�i �. , CIA- (Email) mf' nQ ,�` tr��'��!��'� 92z s 3 Owner(s): M ri C74g;o mod_ g c (Name) (Phone) 47—:5 ZS zja"a�ZQ- a4l;4 4 4 J-M61r /; C."I /:'.�i/ •�vyy (Mailing Address) (Email) Architect: 010179 Ik14 (Name)(Phone) AJi4 T (Mailing Address) (Email) (California State License #) Applicant Certification I certify that I have read this application packet in its entirety and understand the City's submittal and review process and the requirements for this application. I further certify that each application item submitted as part of this application is consistent with the minimum required contents for that item as described in Section D of this application. I understand and agree that if during the processing of the application, it is determined the information does not strictly meet such standards or contains errors or omissions, clarification and/or supplemental information may be required and the preparation of such information may be considered, in the Planning Director's judgment, an unreasonable delay and will result in a s spension of processing time limits in accordance with the California Code of Regulati>s. Title 14. Section 15109. !Z -W Applicant's Signature: Print Name: /vI,- M A Date Minor Adjustment Application City of La Quinta - Planning Department - 760.777.7125 R\Application Submittal Forms\Applications\MA\MA Application - 05.20.13.doc Page 2 of 7 05.20.13 • • Owner Certification I certify under the penalty of the laws of the State of California that / am the property owner of the property that is the subject matter of this application and / am authorizing and hereby do consent to the filing of this application and acknowledge that the final approval by the City of La Quinta, if any, may resul in restrictions, limitations and construction obligations being imposed on this real prop Owner/Authorized Agent Signature*: Date: ��L7" 1 Print Name(s): *An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. Any off -site work identified on the plans must be accompanied by a statement of authorization with a notarized signature of the subject property owner. SECTION D - APPLICATION SUBMITTAL REQUIREMENTS Additional information may be required based on review of the project description. Submittal waivers may be obtained through staff consultation, a pre -submittal meeting, or a preliminary review application. No applications will be accepted by mail. APPLICATION SUBMITTAL REQUIREMENTS - INITIAL TO BE COMPLETED BY CITY STAFF Each of the following items is required for submittal -a unless a waiver is granted by City Staff. Any waiver # of E- must be confirmed by initialing of this form by the # of copies Waiver ' 2person granting the waiver prior to submittal. Please see paper in PDF OK'd by � ea Section D for the description and completion copies format CD- (ROM) (initials) N requirements of each item. ROM 1 FS = Full Size / R = Reduced to 11 "x 17" FILING FEES Filing Fees Receipt 1 NA APPLICATION INFORMATION ❑ Application w/Statement of Findings 1 1 NA p p Site Photographs 1 1 PLAN SET p p Index Sheet 5FS/1 OR 1 NA p p Site Plan 5FS/1 OR 1 NA p p Floor Plan 5FS/1 OR 1 PRIMARY REPORTS/STUDIES/EXHIBITS p p 1 Preliminary Title Report 1 1 Minor Adjustment Application Page 3 of 7 City of La Quinta - Planning Department - 760.777.7125 05.20.13 P:\Application Submittal Forms\Applications\MA\MA Application - 05.20.13.doc Stephanie Khatami From: Nicole Criste Sent: Tuesday, January 12, 2016 1:18 PM To: Stephanie Khatami Subject: Minor Adjustment Follow Up Flag: Follow up Flag Status: Flagged Stephanie, As discussed earlier, you will be getting an application and fee for a Minor Adjustment, probably submitted by Essi Engineering. The Minor Adjustment goes with TPM 2015-0009, and should come directly to me, please! Thanks! Nicole Nicole Sauviat Criste Consulting Planner City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 (760) 777-7125 r 1 Tuesday, January 12, 2016 Paid By: RICK MORRIS Cashier: SKH Pay Method: CHECK,676 Printed: Tuesday, January 12, 2016 3:04 PM 1 of 1 cvc-,rrnc February 18, 2016 Mr. Rick Morris 51-525 Avenida Juarez La Quinta, CA 92253 SUBJECT: TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 . DIRECTOR'S DECISION Dear Mr. Morris: At the Director's Hearing of February 17, 2016, the above referenced Tentative Parcel Map and Minor Adjustment were approved, subject to conditions of approval. The conditions are attached for your use in completing the map. The decision of the Director can be appealed within 15 calendar days of the decision. In this case, an appeal would need to be filed by the close of business on March 3, 2016. If you have any further questions, please contact me at (760) 777-7132. Sincerely, Nicole Sauviat Criste Consulting Planner 78-495 Cal le Tampico I La Quinta I California 92253 1 760.777.7000 1 www.La-Quinta.ors • • FINDINGS AND CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: FEBRUARY 17, 2016 Page 1of7 FINDINGS, MINOR ADJUSTMENT 2016-0001 1. Consistency with General Plan. The project is consistent with the general plan, insofar as the subdivision will result in two single family lots in the Low Density Residential land use designation. 2. Consistency with Zoning Code. The project is consistent with the provisions of the zoning code. The zoning designation for the property is RL/ 10,000. The project will result in one lot of 10, 000 square feet, and one lot of 9,943 square feet. The zoning ordinance allows for Minor Adjustments of up to 10% of any numerical standard. The requesting Minor Adjustment represents a reduction of 0.5% in the 10,000 square foot minimum requirement, for a parcel of irregular shape that is affected by the turning radius on the corner of Calle Quito and Avenida La Jarita. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The City has determined that the Minor Adjustment is exempt from CEQA under Section 15315, Class 15, Minor Land Division. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity -The creation of a 9,943 square foot lot will not result in any perceptible difference from the surrounding 10,000 square foot lots. FINDINGS, TENTATIVE PARCEL MAP 2015-0009 A. The proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance. The proposed map is consistent with the General Plan Land Use Element for Low Density Residential, insofar as it will create two lots for single family homes in an existing single family home neighborhood. B. The design or improvement of the proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance in that its dimensions and size are consistent with the requirements of the Low Density Residential/10,000 zone and the provisions of the Section 9.210.040, Minor Adjustments. C. The design of the tentative parcel map and the proposed improvements are not FINDINGS AND CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: FEBRUARY 17, 2016 Page 2of7 likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The parcel is devoid of significant vegetation, and surrounded by roadways and existing homes. There is no habitat on the site for fish or wildlife. The City of La Quinta Community Development Department has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315 Class 15 (Minor Land Divisions). D. The design of the tentative parcel map and the proposed improvements are not likely to cause serious public health problems. As conditioned, the proposed tentative parcel map will not result in any increased hazard to public health or welfare. E. The site of the proposed tentative parcel map is physically suitable for the type of development and proposed density of development. As conditioned, the proposed design of the subdivision is consistent in size and shape with surrounding existing single family home lots in this neighborhood. F. As conditioned, the proposed tentative parcel map is consistent withal[ applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, as adjusted, any other applicable provisions of this code, and the Subdivision Map Act. G. As conditioned, the design of the tentative parcel map will not conflict with easements, acquired by the public at large,'for access through or use of property within the proposed subdivision, in that none presently exist and access is provided within the project and to adjacent public streets. • • FINDINGS AND CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: FEBRUARY 17, 2016 Page 3 of 7 CONDITIONS OF APPROVAL GENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Community Development Department • Riverside Co. Environmental Health Department • 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 (SunLine) • is FINDINGS AND CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: FEBRUARY 17, 2016 Page 4 of 7 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 improvement plans for City approval. 4. Developer shall reimburse the City, within thirty (30) days .of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions. of Approval. 5. 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 6. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. MAPS 7. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1" = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. • C, FINDINGS AND CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: FEBRUARY 17, 2016 Page 5 of 7 8. 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). 9. 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 shall be stamped and signed by engineers and other professionals registered in California. 10. The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official in writing. Plans may be prepared at a larger scale if additional detail or plan' clarity is desired. Note, .the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Residential Precise Grading Plan 1" = 30' Horizontal 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. Grading plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 11. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.orq) Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 12. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars.). 13. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). • is FINDINGS AND CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: FEBRUARY 17, 2016 Page 6 of 7 . 14. Prior to occupancy of the project site for any construction, the applicant shall obtain a grading or building permit. 15. 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. 16. Building pad elevations on the grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 17. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 18. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (05), from the elevations shown on the approved Tentative Parcel Map, the applicant. shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 19. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot .number, and listed cumulatively if submitted at different times. DRAINAGE 20. The applicant shall comply with applicable provisions for best management practices (BMPs) 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. UTILITIES FINDINGS AND CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: FEBRUARY 17, 2.016 Page 7 of 7 1 21. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 22. 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, or as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. MAINTENANCE 23. The applicant shall comply with the provisions of. LQMC Section. 13.24.160 (Maintenance). 24. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb. FEES AND DEPOSITS 25. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 26. 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). 0 _PLANNING COMMISSION, MINUTES TUESDAY, MARCH 22, 2016 CALL TO ORDER FILE COPY A regular meeting of the La Quinta Planning Commission was called to order at 7:02 p.m. by Chairperson Wilkinson. PRESENT: Commissioners Bettencourt, Fitzpatrick, Wright, and Chairperson Wilkinson ABSENT: Commissioner Blum STAFF PRESENT: Design and Development Director Tim Jonasson, Planning Manager Gabriel Perez, Principal Engineer Bryan- McKinney, Executive Assistant Wanda Wise -Latta, and Deputy City Clerk Monika Radeva Commissioner Fitzpatrick led the Commission in the Pledge of Allegiance. PUBLIC COMMENT Public Speaker: Mr. Walt Sorenson, La Quinta, CA - introduced himself and spoke in opposition of Washington 50 project submitted by Chandi Group, USA and located at the southeast corner of Washington Street and Avenue 50; (Site Development Permit 2015-0005). The project proposes the construction of 'a 52,000 square -foot commercial development, which consists of a 6,000 square -foot gas. station with convenience store/deli and 4,000 square -foot car wash facility, two 3,000 square -foot drive -through restaurant pads, and two 18,000 square -foot office/retail buildings. CONFIRMATION OF AGENDA - Confirmed PUBLIC HEARINGS 1. Appeal 2016-0001 submitted by Mr, George Bushala seeking reversal of Design and Development Director's decision regarding the approval of Tentative Parcel Map 2015-0009 (TPM 36964) and Minor Adjustment 2016-0001.. CEQA: categorically exempt from environmental review pursuant to the. California Environmental Quality Act Section 15315, Class .15 (Minor Land Divisions). Location: southeast corner of Calle Quito and Avenida La Jarita. PLANNING COMMISSION MINUTES 1 , MARCH 22, 2016 Planning Manager Gabriel Perez presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Chairperson Wilkinson declared the PUBLIC HEARING OPEN at 7:25 p.m. Public Speaker: Mr. George Bushala, Applicant, La Quinta, CA - introduced himself and explained his reasoning for appealing the Director's approval of Tentative Parcel Map 2016-0001 (TPM 36964). He expressed disagreement with the staffs findings and recommendations as outlined in the staff report. Chairperson Wilkinson called for a short recess at 7:55 p.m. Chairperson Wilkinson reconvened the meeting at 8:03 p.m. with all Commissioners present. Public Speaker: Mr. Christian Servin, La Quinta, CA - introduced himself and spoke in support of the appeal and requested the Planning Commission reverse the Director's approval of Tentative Parcel Map 2016-0009 (TPM 36964).. Public Speaker: Mr. Rick Morris, La Quinta, CA - introduced himself and said he is the owner of the appealed parcel. He said he has lived in the Coachella Valley for a long time and has been a builder in the community as well. He said he thinks this project will enhance the residential community. Chairperson Wilkinson declared the PUBLIC HEARING CLOSED at 8:15 p.m. Motion - A motion was made and seconded by Commissioners Bettencourt/Fitzpatrick to adopt Planning Commission Resolution No. 2016-006 denying Appeal 2016-0001 and upholding the Director's approval of Tentative Parcel Map 2015-0009 (TPM 36964) and Minor Adjustment 2016-0001. AYES: Commissioners Bettencourt, Fitzpatrick, Wright, and Chairperson Wilkinson. NOES: None. ABSTAIN: None. ABSENT: Commissioner Blum. Motion passed. BUSINESS SESSION - None COMMISSIONER ITEMS - None DIRECTOR'S ITEMS 1. Planning Manager Perez said the Development Code Tune Up (Zoning Ordinance Amendment 2016-0001) will be presented to the City Council for review and consideration at the April 5, 2016 meeting. ADJOURNMENT PLANNING COMMISSION MINUTES 2 MARCH 22, 2016 There being no further business, it was moved and seconded by Commissioners Bette ncourt/Fitzpatrick to adjourn this meeting at 8:24 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, Deputy.City Clerk City of La Quinta, California PLANNING COMMISSION MINUTES . 3 MARCH 22, 2016 i' r � • PH 1 DIRECTOR'S HEARING STAFF REPORT FILE COPY DATE: FEBRUARY 17, 2016 CASE NUMBER: TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 APPLICANT: MR. RICK MORRIS PROPERTY OWNER: • MR. RICK MORRIS REQUEST: SUBDIVIDE EXISTING 19,943 SQUARE FOOT LOT INTO 2 LOTS OF 10,000 AND 9,943 SQUARE FEET EACH. MINOR ADJUSTMENT TO ALLOW A REDUCTION IN LOT SIZE OF 57 SQUARE FEET CEQA: EXEMPT- FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15315 (CLASS 15 - MINOR LAND DIVISIONS) LOCATION: SOUTHEAST CORNER OF CALLE QUITO AND AVENIDA LA JARITA LEGAL: APN: 770-145-001 RECOMMENDED ACTION: Approve Minor Adjustment 2016-0001 and Tentative Parcel Map 2015-0009 (TPM 36964), subject to the attached Findings and Conditions of Approval. EXECUTIVE SUMMARY: The land owner proposes the subdivision of a 19,943 square foot lot into two lots of 10,000 and 9,943 square feet in an existing neighborhood. The parcel is located in the Low Density Residential, 10,000 square foot minimum lot size, zone. The applicant has filed a Minor Adjustment requesting a reduction in the size of the second lot by 57.3 square feet. BACKGROUND: The property in question is located in an existing neighborhood that is mostly built out. The proposed subdivision will result in two lots, and ultimately will add two single family homes to the neighborhood. Page 1 of 3 PROPOSAL & ANALYSIS: Ati ,- I x- ,.-.1 Tie project site is currently 19,943 square feet. The subdivision would result in two lots of 10,000 and'9,943 square feet. The General Plan land use designation for the property is Low Density Residential. The Zoning designation for the property is Low Density Residential, 10,000 square foot minimum (RL/10,000). The site is surrounded by RL/10,000 lands. The existing parcel is a corner lot, which because of adjacent roadway improvements, is irregular in shape and has a "clipped" or rounded corner. The resulting parcel is 57.3 feet short of 20,000 square feet, which would result in two conforming lots. The City allows the reduction of development standards through the consideration of a Minor Adjustment. Under the requirements of the Zoning Ordinance, a reduction of up to 10% of any numerical development standard can be considered. In this case, the applicant is requesting a reduction of 57.3 square feet, which represents a reduction of 0.5% of the numerical development standard. Because of the irregular shape of the parcel, and the corner lot condition, staff is comfortable with the request, and believes that it is justified. The subdivision of the parcel into two lots will be consistent with the surrounding lots, and will not represent a perceptible difference when compared to adjacent lots. The findings for approval can be made, and are attached to this staff report. The site is located in an existing neighborhood, and all utilities and services are available in surrounding streets. AGENCY AND PUBLIC REVIEW: Public Agency Review: This request was sent to all applicable City departments and affected public agencies on October 20, 2015. All written comments received are on file and available for review with the Community Development Department. All applicable comments have been incorporated in the recommended Conditions of Approval. Public Notice: This project .was advertised in The Desert Sun newspaper on February 5, 2016, and mailed to all property owners within 500 feet of the site. One comment letter was received, and is attached to this staff report. ENVIRONMENTAL REVIEW The City of La Quinta Community Development Department has determined that this Page 2 of 3 a • U project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315 Class 15 (Minor Land Divisions). Report prepared by: Nicole Sauviat Criste, Consulting Planner Report approved for submission by: Gabriel Perez, Planning Manager Attachments: 1. Project Information 2. Project Area Site Map 3. Tentative Parcel Map 37010 4. January 20, 2016 letter from George Bushala . c Page 3 of 3 Ir FINDINGS AND CONDITIONS OF APPROVAL —RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 1 of 7 FINDINGS, MINOR ADJUSTMENT 2016-0001 1. Consistency with General Plan. The project is consistent with the general plan, insofar as the subdivision will result in two single family lots in the Low Density Residential land use designation. 2. Consistency with Zoning Code. The project is consistent with the provisions of the zoning code. The zoning designation for the property is RL/ 10,000. The project will result in one lot of 10, 000 square feet, and one lot of 9,943 square feet. The zoning ordinance allows for Minor Adjustments of up to 10% of any numerical standard. The requesting Minor Adjustment represents a reduction of 0.5% in the 10,000 square foot minimum requirement, for a parcel of irregular shape that is affected by the turning radius on the corner of Calle Quito and Avenida La Jarita. 3. Compliance with CEQA. Processing and approval of the permit application are in' compliance with the requirements of the California Environmental Quality Act. The City has determined that the Minor Adjustment is exempt from CEQA under Section 15315, Class 15, Minor Land Division. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The creation of a 9,943 square foot lot will not result in any perceptible difference from the surrounding 10,000 square foot lots. FINDINGS, TENTATIVE PARCEL MAP 2015-0009 A. The proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance. The proposed map is consistent with the General Plan Land Use Element for Low Density Residential, insofar as it will create two lots for single family homes in an existing single family home neighborhood. B. The design or improvement of the proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance in that its dimensions and size are consistent with the requirements of the Low Density Residential/10,000 zone and the provisions of the Section 9.210.040, Minor Adjustments. C. The design of the tentative parcel map and the proposed improvements are not FINDINGS AND CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 2 of 7 likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The parcel is devoid of significant vegetation, and surrounded by roadways and existing homes. There is no habitat on the site for fish or wildlife. The City of La Quinta Community Development Department has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315 Class 15 (Minor Land Divisions). D. The design of the tentative parcel map and the proposed improvements are not likely to cause serious public health problems. As conditioned, the proposed tentative parcel map will not result in any increased hazard to public health or welfare. E. The site of the proposed tentative parcel map is physically suitable for the type of development and proposed density of development. As conditioned, the proposed design of the subdivision is consistent in size -and shape with surrounding existing single family home lots in this neighborhood. F. As conditioned, the proposed tentative parcel map is consistent withal[ applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, as adjusted, any other applicable provisions of this code, and the Subdivision Map Act. G. As conditioned, the design of the tentative parcel map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, in that none presently exist and access is provided within the project and to adjacent public streets. FINDINGS AND CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 , RICK MORRIS ADOPTED: Page 3 of 7 CONDITIONS OF APPROVAL GFNFRAI 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form - Whitewater River Region, Improvement Permit) ' • La Quinta Community Development Department • Riverside Co. Environmental Health Department - • 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 A 0 • FINDINGS AND CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 4 of 7 • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 4. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 5. 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 6. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. MAPS 7. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1 " = 40' scale. IMPROVEMENT PLANS FINDINGS AND CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 5 of 7 As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in -the State of California. 8. 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). 9. - 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 shall be stamped and signed by engineers and other professionals registered in California. 10.. The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale. specified, unless otherwise authorized by the Building Official in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal 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. . Grading plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 1 1 . The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 12. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars)• i FINDINGS AND CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 6 of 7 C,RAMNr; 13. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 14. Prior to occupancy of the project site for any construction, the applicant shall obtain a grading or building permit. 15. 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. 16. Building pad elevations on the grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 17. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 18. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5') from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 19. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 20., The applicant shall comply with applicable provisions for best management practices (BMPs) per the City's NPDES stormwater discharge permit, LQMC FINDINGS AND CONDITIONS OF APPROVAL — RECOMMENDED_ TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 RICK MORRIS ADOPTED: Page 7of7 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. 137-2013-001 1. UTILITIES 21. The applicant shall comply with the provisions of LQMC Section 13.24.1 10 (Utilities). 22. 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, or as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. MAINTENANCE 23. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 24. The applicant shall make provisions for the continuous and 'perpetual maintenance of'perimeter landscaping up to the curb. FEES AND DEPOSITS 25. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 26. 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). (,v ATTACHMENT 1 Project Information CASE NUMBER: TENTATIVE PARCEL MAP 2015-0009 (TPM 36964) MINOR ADJUSTMENT 2016-0001 APPLICANT: MR. RICK MORRIS PROPERTY OWNER: MR. RICK MORRIS REQUEST: SUBDIVIDE EXISTING' 19',943 SQUARE FOOT LOT INTO 2 LOTS OF 10,000 AND 9,943 SQUARE FEET EACH LOCATION: SOUTHEAST CORNER OF CALLE QUITO AND AVENIDA LA JARITA GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL/10,000 ZONING DESIGNATION: LOW DENSITY RESIDENTIAL/10,000 SURROUNDING ZONING/LAND USES: NORTH: LOW DENSITY RESIDENTIAL/10,000 EXISTING SINGLE FAMILY HOMES SOUTH: LOW DENSITY RESIDENTIAL/10,000 EXISTING SINGLE FAMILY HOMES EAST: LOW DENSITY RESIDENTIAL/10,000 EXISTING SINGLE FAMILY HOMES WEST: LOW DENSITY RESIDENTIAL/10,000 EXISTING SINGLE FAMILY HOMES 9 AVENIDA NARANJA to — t t�l VI CALLE TAMPIC171, I - .. 6 - Y- Ili . � . \� � * . �-�� « ' � •� � N LA JARITA AVIfNIDA b.. cn O Y _ 'r. S { ". jaw x . . - �'�.,,. .�. ^�ha w ;, � .Md ,. -,.. , m..�it, 'fit „ � � �°�.•r�lki�i �,'�. r� e, �$ AVENIDA LA FONDA , p� J. ` ow �. - I �R 17 r i e LLI pJ. .._ _ AVENIDAT ORRES a _, 044 jaw -i► t TPM 2015-0009 s Project Area Site Map ATTACHMENT 2 N �> December 30, 2015 , City of La Quinta 1P - I` �� � Planning Division Community Development Department • 0 0 s CONTACT INFORMATION OWNER/DEVELOPER: MR. RICK MORRIS 51-525 AVENIDA JUAREZ LA QUINTA, CA 92253 (760)774-8825 —ri-16hotmoil.com ENGINEER: ESSI ENGINEERING 77-570 SPRINGFIELD LANE, SUITE "C* PALM DESERT, CA 92211 750-772-8400 OFFICE 760-772-8421 FAX CONTACT: ESSI SIIAILANOEH _i.ehehohndehOeeicompony.com all IIiLClYLAIIIJCOYP d) .i)E SEWER AND WATER BY VW CD ELECTRIC BY IMPERIAL IRRIGATION DISTRICT TELEPHONE BY VERIZON GAS BY THE GAS CO. CAN BY WARNER CABLE DESERT SANDS UNIFIED SCHOOL DISTRICT IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE PARCEL 36964 BEING A SUBDIVISION OF LOT 133 OF THE DESERT CLUB TRACT NO. 5 AS SHOWN IN BOOK 21 OF MAPS AT PAGES 61-62, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. IN THE SE 1/4 Of SECTION 6, TOWNSHIP 6 SOUTH, RANGF 7 FAST, S.B.M. GENERAL NOTES 1) THERE NO OTHER CONTIGUOUS OWNERSHIP 2) GROSS AREA - 19.942 SF (0.46 AC). PARCEL 1-10.000 SF (0.23 AC.), PARCEL 2 - 9,942 SF (0.23 AC.) 3) LAND IS NOT SUBJECT TO OVERFLOW, INUNDATION OR FLOOD HAZARD 4) EXISTING ZONING LOT 133 = RL PROPOSED ZONING PARCELS 1 AND 2 - RL SURROUNDING ZONING - RL 5) EXISTING USE LOT 133 — VACANT SURROUNDING USE - SINGLE FAMILY RESIDENTIAL PROPOSED USE PARCEL 1 AND 2 - SINGLE FAMILY RESIDENTIAL LEGAL DESCRIPTION LOT 133 OF TRACT 28470-2 AS SHOWN IN BOOK 21 OF MAPS AT PAGES 61-62, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA. ASSESSOR'1S PARCEL ER: NUMB 770-145-00 W-r NIDA to JARITA U QUINTA, CA 92253 19ENCFDIARK-LOCAL HF.N=ARK BENCHMARK: CITY OF LA OUINFA BM 235 B3.5' BRASS DISK FLUSH IN CURB 70' WEST OF THE ECR OF THE NORTHWEST CURB RETURN AT THE INTERSECTION OF CALLE TAMPICO AND WASHINGTON STREET. ELEV: 38.947 DATUM: NAVD88 LiA513 OF HEARINGS BA55 OF BEARINGS: THE CENTERLINE OF AVENIDA LA FONDA PER MB 21/61-62 BEING: NORTH 8W46'00" EAST Ail REPORT /: 00034961-991-IEI-BS2 TIRE COMPANY: FIDELTIY NATIONAL TITLE COMPANY CONTACT PERSON: BRIAR JON SMITH PHONE: (909)B90-0601 EXT 237 FAX: (760)890-3609 EMAIL bemBhOnl.com MAP M224IG AUGUST 28, 2008 SHADED ZONE X.: AREAS OF n 2% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD. SOIL TYPE: la - TYPE 8 PER LA QUINTA ENGINEERING BULLETIN 06-16 PREPARED UNDER THE SUPERVISION OF: ESFANDIAR SHAHANDEH DATE: RCE N0. 47834 SEAL 77 540 SPRINGFIELD LANE, SUITE "C' ENGINEERING PALMDESERT. CA92211 (760) 6728400 OFFICE (760)7728421 FAX CIVIL AND STRUCTURALENGINEEMNG BANNING SURVEYING L07 I I I FE APN 7700-143-010 LGT I10 IB AP 70-14b44b� 4.1 EXISfINC E� U7E14gL. ti�—S) w ..r: JgRItQ E%iSiPNG 64 CURB ATTACHMENT 3 GRAPHIC SCALE mom E-- ( IN FM) I Ineb - 20 tt R/W B0• R/W 30, 12• 18' 18' 12' L`D STINGiAC PAVEMENT __2% J MIN. —,I ���� ��� ��i Ir—MIN. ------------ EXISTING 6' CURB t GUTTER TYPICAL SECTION- CALLE QUITO, AVENIDA LA JARITA NTS 0 it, 9 ,TAMPICO CALLE AVE NIDA pa U JARITA AVENIDA FONDA AVENIDA NUESTRA AVENUE 52 VICINITY MAP NTS 01/20/2016 09:52 71452606 BUSHALA BROTHERq!INC PAGE 02/02. ATTACHMENT 4 CITY OF RECEIVED LA QUINTA LA QUINTA CITY HALL JAN 2 U 2016 78-495 CALLE TAMPICO C17Y OF L61 QOMTA COMMONM DEVELOPMENT LA QUINTA, CA PUBLIC WORKS DIRECTOR / ADMINISTRATIVE HEARING OFFICER REGARDING TENTATIVE PARCEL MAP 2015�-0009 (TPM 36964) COMMUNITY DEVELOPMENT DEPARTMENT, I OBJECT TO THE ABOVE REFERENCED APPLICATION TO SUBDIVIDE ON THE FOLLOWING GROUNDS; YOU DO NOT HAVE THE AUTHORITY,TO CONSIDER THIS REQUEST. THE NOTICE OF PUBLIC HEARING AND THE STAFF REPORT ARE FRAUDULENT AND CONDITIONAL. THE PROPOSED PROJECT 15 NOT EXEMPT FROM FURTHER CEQA ENVIRONMENTAL REVIEW PERSUANT TO SECTION 15315 (CLASS 15- MINOR LAND DIVISION). } THE PROPOSED PROJECT DOES NOT COMPLY WITH THE APPLICABLE PROVISIONS OF CALIFORNIA. GOVERNMENT CODE, THE STATE SUBDIVISION MAP ACT, THE GENERAL PLAN OF THE CITY, THE OFFICAL ZONING MAP, THE CITY ZONING CODE 9.10 ET SEQ. , THE CITY SUBDIVISION CODE 13-04.010 ET SEQ., THE APPLICABLE CITY SPECIFIC PLANS AND/OR THE CITY SPECIAL ZONING DISTRICT SYMBOL DESIGNATION OF RL-10,000 . SfNCERELY, 51205 CALLE QUITO LA QUINTA, CA