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PCMIN 09 08 1992 MINUTES PLANNING COMMISSION- CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78-105 Calle Estado, La Quinta, California September 8, 1992 7:00 P.M. I. CALL TO ORDER A. The meeting was called to order at 7:05 P.M. by Chairwoman Barrows. Commissioner Ellson led the flag salute. II. ROLL CALL A. Chairwoman Barrows requested the roll call. Present: Commissioners Mosher Ellson, Man's, Adolph, and Chairwoman Barrows. B. Staff Present: Planning Director Jerry Herman, Associate Planner Wallace _ Nesbit, and Department Secretary Betty Anthony. III. PUBLIC HEARINGS A. Zoning Ordinance Text Amendment 92-027 - Continued; a request of the City to amend Chapter 9, Planning and Zoning, relating to the regulation of Adult Entertainment. 1. Planning Director Jerry Herman presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. He then introduced Mr. John E. Woodhead IV, City Attorney. 2. Mr. Woodhead gave a brief description of how the ordinance was written. He stated the definitions and terms are the same State wide on these type of ordinances. 3. Commissioner Ellson questioned whether some of the items listed are even legal. Mr. Woodhead stated that the Supreme Court has ruled that these type of uses must be permitted but can be regulated. Commissioner Ellson in particular questioned "Escort Bureau or Introduction Service" as -- she felt this allowed prostitution. Mr. Woodhead stated this could be deleted. PC9-8 1 Planning Commission Minutes September 8, 1992 4. Commissioner Ellson asked if these uses could be prohibited. Mr. Woodhead stated if it has any first right amendments it could not be prohibited. 5. Commissioner Adolph questioned the wording under the Conditional Use Permit Required where it stated, "...no conditional use permit shall be granted by the City for any adult entertainment business unless each of the following findings is made:" He felt this was an automatic approval once the conditions are met. Mr. Woodhead stated this was correct that there can be no discretion and once the standards are met the City must grant the permit. Following discussion, Mr. Woodhead stated that a statement should be added to the effect that all other applicable requirements will be met before approval will be granted. Discussion followed regarding the wording and legality of the wording. 6. Commissioner Marrs stated he would like a condition added stating: "No activity hereindefined, that is prohibited by existing City, County, State, or Federal laws shall be permitted". 7. Commissioner Ellson inquired that if the current zoning is builtout does the City have to provide additional land for these uses. Mr. Woodhead stated that once the zoned area is builtout the City is not required to create additional land. Discussion followed regarding the zoning and measurements required for separation. 8. Chairwoman Barrows opened the continued public hearing. There being no one wishing to speak Chairwoman Barrows closed the hearing. 9. Following discussion it was moved by Commissioner Mosher and seconded by Commissioner Ellson adopt Planning Commission Resolution 92-026 confirming the environmental determination and recommending to the City Council approval of Zoning Ordinance Text Amendment 92-027, subject to the addition of "H" under 9.157.040. Conditional Use Permit Required, "No activity, hereindefined, that are prohibited by existing City, County, State, or Federal laws shall be permitted". ROLL CALL VOTE: AYES: Commissioners Mosher, Ellson, Marrs, Adolph, and Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher. ABSTAINING: None. [ B. Zoning Ordinance Text Amendment 92-026; a request of the City to incorporate a Transportation Demand Management Plan Ordinance into Title 9 (Planning and ' Zoning) of the La Quinta Municipal Code. PC9-8 2 Planning Commission Minutes September 8, 1992 1. Associate Planner~WallaOe Nesbit presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Marrs questioned why the ordinance had to be so definitive as to make mandatory number of showers included. Associate Planner Wallace Nesbit stated that if employees were to walk, jog, or bicycle to work that showers would be provided for them. Planning Director Jerry Herman stated these were guidelines for employers to chose from and may be included and it is the ultimate decision of the City as to what is included. Discussion followed. 3. Commissioner Adolph inquired if the City was required to report to South Coast Air Quality as to what the City is doing regarding air quality, etc. Staff stated they were not required to notify them but we would notify them of any ordinances the City would adopt. 4. Chairwoman Barrows asked if this was relative to only new developments with 100 employees or more. Staff stated this was true. Discussion followed regarding Regulation 15. 5. Commissioner Ellson asked what type of enforcement would there be. Staff stated it would depend on how it was implemented and until then it isn't known. It probably would be through a plot plan/site plan review. Discussion followed relative to the Wal-Mart and Mall projects and how this would apply to those projects. 6. Commissioner Marrs questioned the Environmental Assessment under 14. Public Services; a-f who would pay for the "...additional capital outlay for transit vehicles...". Staff stated this would probably be the responsibility of Sunline Transit through City or employer participation. 7. Commissioner Ellson asked if the gross square foot per employee were concrete numbers. Staff stated these numbers were based on the model that RCTC provided the City. 8. Commissioner Ellson asked how you determine the vehicle occupancy rate. Staff stated this was the number of people tiding in a vehicle. 9. There being no further questions of Staff, Chairwoman Barrows opened - the public hearing. There being no one wishing to speak, the public heating was closed. PC9-8 3 Planning Commission Minutes September 8, 1992 10. There being no further discussion, it was moved by Commissioner Marts and seconded by Commissioner Adolph, adopt Planning Commission Resolution 92-027 confirming the environmental determination and recommending to the City Council approval of Zoning Ordinance Text Amendment 92-026, the Transportation Demand Management Ordinance. ROLL CALL VOTE: AYES: Commissioners Mosher, Ellson, Man's, Adolph, and Chairwoman Barrows. NOES: None. ABSENT: Commissioner Mosher. ABSTAINING: None. IV. PUBLIC COMMENT: - None V. BUSINESS SESSION A. Civic Center Landscaping; a request of the City for review and approval of a concept drawing for the Civic Center landscaping. 1. Planning Director Jerry Herman presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Mr. Tom Doczi, TKD and Associates, gave a presentation of the drawings and gave a slide show. 3. Planning Director Jerry Herman reminded the Commission to review the concept on a year round use and not for the Arts Festival only. 4. Commissioner Adolph asked if the area was to be secured by fencing. Mr. Doczi stated that the fencing would be for the Arts Festival only. Planning Director Jerry Herman stated this was to be an open, passive, recreational area to be secured with temporary fencing for the Art Festival only. 5. Commissioner Marrs inquired what the difference was between the detention/retention basin. Mr. Doczi stated that the retention basin is built to hold the 100-year flood and the detention basin is for short term use and a pump would pump the water to the channel and then to Lake Cahuilla. Discussion followed as to the location of the two basins and uses that these basins could accommodate. 6. Commissioner Adolph asked if the differential in grade throughout the park area would be no more than 6-feet. Mr. Doczi stated this was the original intention. Discussion followed as to how the amphitheater would be designed. PC9-8 4 Planning Commission Minutes September 8, 1992 7. Commissioner Marrs asked Staff about the status of the test plot for the Civic Center landscaping. Discussion followed regarding how this test plot came to be and why it was there. 8. Chairwoman Barrows thanked Mr. Doczi for his presentation and requested that he try to use some of the native trees in the planting of the Civic Center. 9. There being no further discussion, it was moved by Commissioner Ellson and seconded by Commissioner Mosher to adopt Minute Motion 92-031 approving Design Concept #2B to the City Council. Chairwoman Barrows asked if there was any further discussion. Commissioner Adolph stated his concern for Design Concept #2B as he would rather see more openness and eliminate some of the walkways. He felt the sidewalks created a barrier for other activities. Following discussion relative to the sidewalks, it was the consensus of the Commission that the area would receive more use if the sidewalks were directing the people to the different areas. The Commission unanimously approved Design Concept 2B. VI. CONSENT CALENDAR A. Planning Director Jerry Herman asked that the Minutes be amended on Page 2, Item #4 to delete the last sentence. Commissioner Ellson asked that the Minutes of August 25, 1992 be approve as amended. Commissioner Marrs seconded the motion and it carded unanimously. VH. OTHER - The Commissioners asked Planning Director Jerry Herman the status of the Desert Hospital project, Ralphs Center, Transpacific Development Company, the Auto Club, ARCO service station, Wal-Mart, and Simon Plaza. VIH. ADJOURNMENT A motion was made by Commissioner Adolph and seconded by Commissioner Mosher to adjourn this regular meeting of the Planning Commission to a regular meeting on September 22, 1992, at 7:00 P.M. in the La Quinta City Hall Council Chambers. This meeting of the La Quinta Planning Commission was adjourned at 8:50 P.M., September 8, 1992. PC9-8 5