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2003 04 08 PCN-00're & L M.F4 V WIM = Planning Commission Agendas are now available on the City's Web Page @ www.la-quinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California APRIL 8, 2003 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2003-018 Beginning Minute Motion 2003-006 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes of the regular meeting on March 25, 2003. B. Department Report V. PRESENTATIONS: None PC/AGENDA VI. PUBLIC HEARING: A. Item ................. CONTINUED - SIGN APPLICATION 2003-682 Applicant .......... Jack Tarr Development Company Location ........... Washington Park Commercial Center, bounded by Highway 111, Adams Street, Washington Street, & Avenue 47 Request ............ Review the proposed sign program for the Center Action .............. Minute Motion 2003-_ B. Item ................. TENTATIVE PARCEL MAP 31172 AND SITE DEVELOPMENT PERMIT 2003-761 Applicant ......... Klein Building and Development, I feet west of Dune Location ........... North side of Highway Palms Road Request ........... Review of development plans for a seven building commercial complex with 63-550 square feet of floor area and subdivision of six acres into eight commercial parcels for the project. Action ............. Resolution 2003-_ and Resolution 2003-_ VII. BUSINESS ITEMS: A. Item ................. CONTINUED - PUBLIC NUISANCE CASE 7397 AND 7398 Appellant .......... Donald and Patricia Cross Location ........... 78-570 Saguaro Road Request ............ Appeal of Public Nuisance Determination Action .............. Minute Motion 2003-_ B. Item ................. ZONING ORDINANCE AMENDMENT 2003-074 Applicant ......... City of La Quinta Location ........... City-wide Request ............ Review of proposed changes to the Lighting Ordinance Action .............. Provide staff with direction VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None IX. COMMISSIONER ITEMS: A. Report of City Council meeting - Commissioner Steve Robbins X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on April 8, 2003, at 7:00 p.m. no /AawimA PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. it special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, twenty-four (24) hours in advance of the meeting.and accommodations will be made. If speciai electronic equipment is needed to make bysentation contactingCommunity o the Planning Commission, arrangements should be made In advancev Development Department at 777-7125. A one 11) Week notiCe is required. If background material is to be presented to the Planning Commission during a meeting, cument lied please be advised that eight mecopies of all do distribution. exhibits, escrequest d thatthis to the Community Develop P.M. meeting. take place prior to the beginning of the 7:00 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 25, 2003 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Butler who lead the flag salute. B. Present: Commissioners Jacques Abels, Tom Kirk, Steve Robbins, Robert Tyler and Chairman Butler. C. Staff present: Community Development Director Jerry Herman, City Attorney Kathy Jenson, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, and Principal Planner Fred Baker. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Chairman Butler asked if there were any corrections to the Minutes of March 11, 2003. Commissioner Tyler asked that Page 2, Item A.2. be corrected to read, "....from the existing parking lot."; Page 14, Item 15 corrected to read, "...if there was an equestrian overlay..." There being no further corrections, it was moved and seconded by Commissioners Kirk/Abels to approve the minutes as amended. Unanimously approved. B. Department Report: Planning Manager Oscar Orci gave a report on front yard landscaping requirements for Tract 28964 and Tract 30331. Staff recommended establishing standards that would incorporate the landscaping requirements approved by CVWD. Commissioner Kirk stated his question was how the City was conditioning the tracts to meet the 50% landscaping for the front yard. Staff stated it was not accomplished with the original approval. Commissioner Robbins informed the Commission that CVWD had approved the new Water Use Ordinance which was the first step and would now need to be approved by all the cities. Staff stated it would take a couple months to approve this ordinance along with a plant palette that could be used by developers. Commissioner Kirk asked if staff could impose landscaping conditions G:\WPDOCS\PC Minutes\3-25-03.wpd 1 Planning Commission Minutes March 25, 2003 without having an ordinance in place. City Attorney Kathy Jenson stated yes, given water concerns it is appropriate to impose either a mitigation measure or design guidelines to preserve a goal on a case by case basis. Commissioner Kirk stated he was concerned that an applicant would not know this if there was a requirement in place. Discussion followed and staff would follow up by bring the water ordinance back to the Commission. V. PRESENTATIONS: None VI. PUBLIC HEARINGS: None A. Environmental Assessment 2002-463, Site Development Permit 2002- 755. and Conditional Use Permit 2002-073; a request of Father Jack Barker/St. Francis of Assisi for certification of a Mitigated Negative Declaration of environmental impact, approval to allow the expansion of the existing uses on a 14.03 acre site, and consideration to allow church uses within the Low Density Residential Zoning District for the expansion of the parking lot, with an additional entry, landscaping and retention areas and vacation of a right-of-way on 2.16 acres. 1. Planning Manager Oscar Orci informed the Commission there was a request to continue this item to April 22, 2003. 2. It was moved and seconded by Commissioners Robbins/Tyler to continue this item to April 22, 2003. Unanimously approved. B. Continued - Sign Application 2003-682; a request of Dale Frank for review of a proposed sign program for the Washington Park Commercial Center, bounded by Highway 1 1 1, Adams Street, Washington Street, and Avenue 47. 1. Staff informed the Commission a request had been received to continue this item to April 8, 2003. 2. It was moved and seconded by Commissioners Abels/Tyler to continue this item to April 8, 2003. Unanimously approved. C. Street Name Change 2003-014; a request of Old Town La Quinta, LLC for consideration of a street name change from Avenida Buena Ventura to Main Street for the street east of Avenida Bermudas, south of and parallel to Calle Tampico. G:\WPDOCS\PC Minutes\3-25-03.wpd 2 Planning Commission Minutes March 25, 2003 1. Chairman Butler opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Butler asked if the applicant would like to address the Commission. There being no applicant present and no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 3. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2003-015, approving Street Name Change 2003-014, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. D. Zone Change 2003-1 13; a request of the City for adoption of the City's Official Zoning Map. 1. Chairman Butler opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioners asked staff to indicate the City boundary limits and the sphere of influence area, which staff did on the map. 3. There being no further discussion and no public comment, Chairman Butler closed the public hearing and opened the matter to Commission discussion. 4. It was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 2003-016 approving Zone Change 2003-113. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC Minutes\3-25-03.wpd 3 Planning Commission Minutes March 25, 2003 VII. BUSINESS ITEMS: A. Continued - Appeal of Public Nuisance Cases 7397 and 7398; a request of Donald and Patricia Cross for consideration of an appeal of a Public Nuisance Determination for the property located at 78-570 Saguaro Road. 1. Commissioner Tyler informed the Commission that he and the applicant had been long term friends and he had discussed this case at length with City and therefore he feels he is unable to render an impartial objective opinion on this matter and requested to recuse himself and left the dais. 2. Commissioner Abels stated that since the City did not have any standards for this type of wall, he would like to request a continuance of this case and request staff obtain standards from other cities in the Valley. 3. Chairman Butler expressed concern that the wall was unfinished and inquired how long staff would feel comfortable continuing it. 4. Commissioner Robbins asked if other cities have a code for this type of wall and/or do they require an engineer to prepare calcs for this type of wall? Community Safety Manager John Hardcastle stated he would have to refer that to the Building and Safety Manager as they are only responsible for the enforcing of the codes in that there was no building permit pulled for this wall. Building and Safety Manager Greg Butler stated he was unable to speak about what standards other cities might have in regard to this type of wall. The Director of the Department informed him that all the other cities in the Valley do require permits for walls. 5. Commissioner Ables asked if the other cities had standards. Staff replied that was unknown at this time. 6. Commissioner Robbins stated he has a hard time when a resident is trying to improve their property and yet he understands when there are code violations that need to be addressed. 7. Commissioner Kirk asked that the applicant be given an opportunity to speak. Ms. Pat Cross, the applicant, stated they have tried for many years to get a permit for this structure. They G:\WPDOCS\PC Minutes\3-25-03.wpd 4 Planning Commission Minutes March 25, 2003 were given different information at different times. They have requested from the Building Department, standards and were told there were none and were requested to have it engineered. She has been unable to find out who the engineer was and construction of the wall has stopped pending a decision. They agree with what the Commission is proposing. 8. There being no discussion, it was moved and seconded by Commissioners Robbins/Abels to continue Public Nuisance Cases 7397 and 7398 to April 8, 2003, to allow staff the opportunity to investigate whether other cities in the Valley have any standards for this type of wall. Unanimously approved with Commissioner Tyler being absent. B. General Plan Consistency Finding 2003-002; a request of Desert Sands Unified School District for finding of General Plan conformity for the construction of a Middle School and Alternative Education Complex for the property located on the east side of Washington Street, south of Darby Road. 1. Chairman Butler asked for the staff report. Planning Manager Oscar Orci presented the information contained in staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Tyler asked where the City limits were in relation to what was shown. Staff indicated the City limits on the applicant's site plan. Commissioner Tyler indicated there was very little land left north of Palm Royale Drive after it was reconfigured. Staff indicated there was a small piece that was zoned High Density. 3. Chairman Butler asked if the school district would be responsible for all the road improvements. Staff stated the City did not know what there plans were for entitlements. It is assumed that if they reconfigure Darby Road they will have to construct the appropriate infrastructure including the roads. Chairman Butler stated he understood that Palm Royale Drive would be signalized upon improvement of this road. Staff stated that is the desire, but it is unknown as to whether or not it has been decided upon. 4. Commissioner Tyler expressed his concern that there are a lot of issues that had not be determined as of yet. Staff indicated this was only for a General Plan consistency finding. Desert Sands Unified School District will adopt a resolution exempting G:\WPDOCS\PC Minutes\3-25-03.wpd 5 Planning Commission Minutes March 25, 2003 themselves from the City's regulations. The City will only be reviewing the traffic, storm water, and other environmental issues and this will be done administratively. Commissioner Tyler expressed his concern regarding the circulation pattern. Discussion followed regarding the site and circulation plan. Commissioner Tyler asked how close the school buildings were to the existing residential. Staff explained this was all conceptual. Commissioner Tyler asked if the City shouldn't be addressing these issues. Staff explained that when the District adopts a resolution exempting themselves the City's regulations, the City no longer has any authority on the project. They do their own environmental, processing, and the State architect approves the plans and does the inspections. The City is a Responsible Agency and will have an opportunity to comment on the environmental impacts including, but not limited to, the location of structures, circulation, and other environmental impacts. 5. Commissioner Kirk asked what would happen if the Planning Commission did not find this to be consistent with the General Plan. Commissioner Robbins stated they do not buy the land. Staff stated the City has never reviewed any school plan for any school within the City. 6. Commissioner Tyler stated those schools were on existing streets and this one the street is not constructed. Staff stated that if they want access, they will have to construct the street. 7. Commissioner Robbins asked what an "alternative education high school". Staff stated it consists of several different programs/schools for students that may not be able to adjust to the standard curriculum as well as students who need/want specific training. The Horizon School is being proposed for students who are in home schooling and others with special needs. 8. Chairman Butler asked if there were any other questions of staff. There being no further questions and no public comment, the public hearing was closed and open for Commission discussion. 9. Commissioner Robbins stated his concerns were regarding safety issues especially on Washington Street. Another concern is having a middle school adjacent to Washington Street. City Attorney Kathy Jenson stated the limited question before the G:\WPDOCS\PC Minutes\3-25-03.wpd 6 Planning Commission Minutes March 25, 2003 Commission is whether or not putting a school at this site is consistent with the City's General Plan. The Commission can go through that it is consistent with the Land Use Element, schools are permitted in that General Plan designation. In regard to traffic and circulation, in order to find it inconsistent the Commission would have to find an inconsistency with the project. The questions being raised by the Commission are questions that will have to be addressed by the School District as the lead agency in their environmental documentation, but this is not an issue for the City to determine. The City does have the ability to raise issues during the environmental review process. The City can be an objecting party and/or file a lawsuit challenging the CEQA compliance. The State does have additional requirements the school has to go through for the construction of school locations. 10. Commissioner Kirk stated the issues raised relate directly to the Traffic and Circulation Element and even though he may disagree with some of the points raised by Commissioner Robbins, but they are relevant to this discussion. If a particular school at this site conflicts with the goals and objectives found in the Traffic and Circulation Element, it seems to be a rationale for making a decision about consistency with our General Plan. 11. Chairman Butler stated this appears to be an issue the City can raise during their environmental review period. 12. City Attorney Kathy Jenson stated that if there was a policy in the General Plan that is inconsistent or they are going to be violating, then the Commission would have a basis for denial, or a finding that it is not consistent, but it has to be based on the policies and goals set forth in the General Plan. 13. Commissioner Kirk stated the staff report indicates the Element indicates the need to establish and maintain a transportation circulation network that efficiently, safely and economically moves people. One of the Planning Commissioners is saying it may not safely do this at this school site. 14. Community Development Director Jerry Herman stated this school site does not have access to Washington Street without controlled intersections. Darby Road on both ends will have traffic signals at both ends, so there is no parent drop-off off of Washington Street. G:\WPDOCS\PC Minutes\3-25-03.wpd 7 Planning Commission Minutes March 25, 2003 All school traffic will be controlled on the interior along with the bus route in and out of the school site. All the students will be crossing at intersections with traffic signals. 15. Commissioner Robbins asked if the Commission had the ability to require at a later date, that a deceleration lane be installed on Washington Street onto Darby Road. 16. City Attorney Kathy Jenson stated this would be a comment to be made during the environmental review. The City does have jurisdiction over street improvements. 17. Commissioner Robbins asked if the School District did not observe a request the City made about a deceleration lane, the only option the City would have at that time would be to file a lawsuit. City Attorney Kathy Jenson stated that was correct. 18. Commissioner Kirk asked if a condition could be placed on a consistency finding. City Attorney Kathy Jenson stated no. 19. Chairman Butler asked if there was any method whereby the School District could be notified of the concerns raised by the Commission. Community Development Director Jerry Herman stated a letter could be sent expressing the Commissions concerns regarding traffic and ask them to address them during their review and/or design of the school site. 20. Commissioner Tyler expressed his concern about the truck traffic on Darby Road. 21. There being no further discussion, it was moved and seconded by Commissioners Robbins/Tyler to adopt Planning Commission Resolution 2003-017 determining a consistency with the General Plan, with the concerns as noted. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. C. Discussion of Zoning Issues, a request of staff for review of zoning issues pertaining to front yard setbacks and review of the side yard setback summary. G:\WPDOCS\PC Minutes\3-25-03.wpd 8 Planning Commission Minutes March 25, 2003 1. Chairman Butler asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Robbins stated he was comfortable with a smaller front yard setback for a casitas of 15 feet if there is no driveway where cars would park. If you had a side entry garage that had a potential of a bonus room on the street side, he would have no issue with that reduction. He concern is the same that 20 feet is not always 20 feet depending on whether the streets are private or public. There needs to be a way to measure this from that will keep the distance consistent. He would recommend it being a standard 25 feet from the back of the curb. On the side yard issue he would like the total side yard setback set at 15 feet with a five foot minimum. Also, when there is a 15 foot side yard, the pool equipment, etc., can be installed next to the fence. 3. Commissioner Kirk stated he agrees with the pool equipment being installed against the wall in either the rear yard or side yard. In regard to the setbacks, he thinks the recommendation as made by Commissioner Robbins that there should be some consistency. The 25 foot requirement might work, but he is uncertain about the 15 foot approach for the side yard and not counting architectural projects such as fireplaces. It will depend upon the context which will make it difficult to write a standard that will take all the variations into account. In a high density affordable residential development, he would not object to allowing popouts, fireplaces, etc., in the side yard where there is no access to the front yard, which had only two or three feet, and there was a 10-15 foot sideyard setback on the other side. Staff stated a specific plan would accommodate should the need arise such as an affordable housing. 4. Commissioner Robbins stated his concern is that all developments would try and do this. He would prefer a more conservative approach for the general requirements. When an affordable housing project needed adjustments, it would be accomplished under a specific plan. 5. Commissioner Kirk stated that in regard to a standard subdivision he would like to see some flexibility to move the home around within the lot constraints. G:\WPDOCS\PC Minutes\3-25-03.wpd 9 Planning Commission Minutes March 25, 2003 6. Commissioner Robbins concurred; this was what he was referring to with the 15 foot setback. In general, he does not believe the City should cram so many items together on a single lot. 7. Chairman Butler stated a concern that on the Cove lots, if you put a 15 foot setback on one side and five on the other you will change the dimensions of the house to gain square footage by longating the house. He would prefer a compromise that would allow the popouts, chimneys, etc., on the side of the home that does not have access. 8. Commissioner Robbins stated he agreed if every lot was 72 feet by 100 feet. He would hope that in the future, the lots would not be this size. In regard to the front yard, by setting the requirements at 25 feet from the curbline, it gives flexibility as well. 9. Chairman Butler stated he is concerned because he knows the developer will build to the maximum allowable. He suggested considering the size of the lots when determining the setbacks. He agrees with the front yard being the curbline measurement. Discussion followed regarding alternative methods. 10. Commissioner Tyler stated that reading the minutes of the City Council, they expressed a desire for openness in the City. Developers will object because larger lots means more money and costs. He agrees with Commissioner Robbins in giving the developer an envelope wherein they can shift the house within. In regard to popouts, he would suggest limiting them to a certain distance from the house. Not all houses have a "dead" side to them. He agrees with the front yard setback being determined by the curbline. Need to have a variety in the front yard setbacks so the houses are staggered. 11. Staff summarized that the Commission preferred option #5 on the staff report for the side yard setback which is a total 15 foot aggregate side yard setback with a minimum distance of five feet. There are still some issues in regard to popouts. Staff will prepare alternatives when this is brought back. G:\WPDOCS\PC Minutes\3-25-03.wpd 10 Planning Commission Minutes March 25, 2003 12. Chairman Butler stated he would like to see the back of curb requirement used for the setbacks on side- and front -loaded garages and casitas units incorporated into this. 13. Commissioner Kirk stated that if the intent is both openness and diversity of design in placement of the building on the lot, there are a variety of tools and staff could be directed to look into those. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the City Council meeting of March 18, 2003. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Robbins to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held April 8, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:08 p.m. on March 25, 2003. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\3-25-03.wpd 11 PH #A STAFF REPORT PLANNING COMMISSION DATE: APRIL 8, 2003 CASE NO: SIGN APPLICATION 2003-682 LOCATION: BOUNDED BY HIGHWAY 111, AVENUE 47, WASHINGTON STREET AND ADAMS STREET APPLICANT: JACK TARR DEVELOPMENT COMPANY REQUEST: REVIEW OF A SIGN PROGRAM FOR WASHINGTON PARK COMMERCIAL CENTER ENVIRONMENTAL REVIEW: THE CITY COUNCIL CERTIFIED ENVIRONMENTAL ASSESSMENT 2002-459 FOR SPECIFIC PLAN 1987-011, AMENDMENT #4, WASHINGTON PARK COMMERCIAL CENTER. NO CHANGED CIRCUMSTANCES OR CONDITIONS AND NO NEW INFORMATION IS PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ASSESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. ZONING: REGIONAL COMMERCIAL (RC) GENERAL PLAN DESIGNATION: REGIONAL COMMERCIAL (RC) SURROUNDING ZONING/LAND USE: NORTH: REGIONAL COMMERCIAL (RC) SOUTH: LOW DENSITY RESIDENTIAL (LDR) AND COMMUNITY COMMERCIAL (CC) EAST: REGIONAL COMMERCIAL (RC) WEST: LOW DENSITY RESIDENTIAL (LDR) BACKGROUND This item was continued from the March 111h and 251h Planning Commission meetings. The applicant is submitting a sign program as provided for in adopted Specific Plan 1987-011, Amendment #4; Washington Park Commercial Center. The sign program intends to achieve in design and installation the following: 1) creative and original designs; 2) integration with project architecture; and 3) high quality workmanship and AASA 2003-682 Washington Park Sign program.wpd materials. The sign program addresses building mounted and monument signs. The requested signs standards are as follows: Target Four building mounted signs, are proposed: 1 . A 15' 6" X 12' 0 86 square feet) sign with script reading "Target" with the bulls -eye logo (144 square feet) to be placed on the front elevation over the entry. 2. A 6' X 6' (36 square feet) bulls -eye logo sign on the rear elevation. 3. A 68.735 square foot sign with script reading "Garden Center" with the bulls - eye logo on the front elevation to be placed over the garden center entry. 4. A 35.68 square foot sign with script reading "Pharmacy" to be placed on the front elevation. "Target" signs are proposed to be internally illuminated individual channel letters with red acrylic face. The pharmacy sign is proposed to be internally illuminated individual channel letters with white acrylic face. The total sign area requested for the building is 326.4 square feet. Major Tenants In addition to Target, the sign program identifies 10 buildings within the proposed Washington Park Commercial Center as Major Tenants defined as buildings greater than 10,000 square feet in size. These buildings are proposed to have two building mounted signs each with a total aggregate maximum of 175 square feet and no one sign larger than 125 square feet. All signs are proposed to be illuminated individual channel letters. Minor and Pad Tenants The sign program proposes that minor tenants and pads, which includes all pads not identified as "Major Tenant", be allowed two signs (but no more than one for each side of the building) at one square foot for every lineal foot of storefront frontage up to a maximum of 50 square feet aggregate. All signs are proposed to be illuminated individual channel letters (or non -illuminated) with a maximum letter height shall be 24 inches. These standards are consistent with the Zoning code. AASA 2003-682 Washington Park Sign program.wpd Monument Signs The sign program proposes five double faced monument signs: two on Highway 1 1 1, one on Adams Street, one on Washington Street, and one on Avenue 47. The monuments vary in height but none are over eight feet; all are 15'6" in length. Four of the five the monument signs are proposed to have two and/or three signs for retail businesses in the Center with sign areas of 28.7 to 32.45 square feet per side (aggregate sign area for two sides is proposed to be 57.4 to 64.9 square feet) which includes the Center's name "Washington Park", "Target", or "Lowe's". One monument sign, located on Washington Street, is proposed to have one sign at 17.5 square feet per side, with script reading the Center's name "Washington Park". The minimum letter size for these signs is 10 inches. Zoning Code allows one monument sign per street frontage with a maximum of 50 square feet of sign area and10 inch minimum letters. This project was advertised in the Desert Sun newspaper and posted on March 1, 2003. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. Attached is a letter received from property owners. ANALYSIS AND FINDINGS: For individual commercial or office tenants, the Zoning Code allows a maximum of 50 square feet aggregate for building mounted permanent signs in non-residential districts with a total of two signs, but no more than one per building frontage. Under the Planned Sign Program provisions of the Zoning Code, the Planning Commission can allow adjustments to sign sizes, locations, types, illumination and additional height if findings can be made. For comparison, the Planning Commission, under Planned Sign Programs, has the approved signs for main buildings of major nearby facilities over 10,000 square feet (and also considered major tenants with these centers) as follows: STAPLES 82 square feet STATER BROTHERS 180 square feet BIG 5 SPORTING GOODS 66 square feet RETAIL "A' BUILDING (in the Super Walmart Center) 152 square feet ROSS DRESS FOR LESS 112 square feet VON'S 87 square feet CHAMPION 45 square feet DODGE CITY CHRYSLER JEEP 107 square feet A:\SA 2003-682 Washington Park Sign program.wpd The Washington Park Sign Program proposes to allow two signs per building, with a single sign to be as large as 125 square feet (175 square feet total) for ten of the 22 building/business. These signs are too big and not consistent with other signs approved for the surrounding properties. The applicant should reduce these proposed sizes for a single sign to be as large as 100 square feet with 150 square feet aggregate total for two signs. The Sign Program provides a site plan wich identifies "Major Tenants" with a blue dot. All but two of the Major Tenant buildings are generally located within the center of the site and are located 250 to 390 feet from Highway 111 and/or Washington Street. The two exceptions are on the corners of Avenue 47 & Washington Street, and Adams Street & Highway 111; both of these buildings have frontage on two Major Arterial streets. Since these buildings both have direct exposure to two major streets and are located directly adjacent to major streets; they do not require larger signs and should be eliminated from the "Major Tenant" category and for sign purposes considered "Minor Tenants". In addition, Eagle Hardware and Garden, now Lowe's requested an additional sign on the rear elevation of that building and it was denied by the Planning Commission. Target is requesting a 28 square foot sign/bulls-eye logo on the rear elevation (letter "Y on the site plan) of the their building visible only to a small parking area and Avenue 47, a collector street. Consistent with the previous Planning Commission decision, this sign should be eliminated. The applicant is requesting two monument signs on Highway 111 to accommodate both Target and Lowe's Home Improvement; Zoning Code standard is one per street frontage. Two monument signs should be allowed since there are two anchor tenets both with major driveway entrances on Highway 1 1 1 . The applicant is also requesting three additional monument signs on Adams Street, Avenue 47, and Washington Street. All monument signs are located near major driveway entrances to the commercial center, except the monument sign on Adams Street (letter "B" on the site plan). A major monument sign is not desirable because the Adams Street driveway is not a major driveway entrance having direct access for two buildings and is a rear service access to five buildings. - • • ' • • • • Based upon the applicant's request and staff's review of the site plan in the Specific Plan, including building locations and building footprint sizes, the following changes are recommended: 1. Reduce the aggregate square footage of the signs for "Major" tenants, excluding Target, to 150 square feet, and reduce the largest sign allowed for Major Tenants to 100 square feet. AASA 2003-682 Washington Park Sign program.wpd 2. Eliminate, as a "Major Tenant", the buildings on the corners of Avenue 47 & Washington Street and Adams Street & Highway 1 1 1, as both of these buildings have frontage on two Major Arterial streets and do not require larger signs. 3. Delete the 28 square foot sign/bulls-eye logo on the rear elevation of Target. 4. Delete the Monument sign located on Adams Street. 5. Delete paragraph "6." under item "A. Major Tenets" on page eight as the statement is unclear repetitive. RECOMMENDATION 1 . Adopt Minute Motion 2003- to conditions. Attachments: 1. Washington Park Sign Program 2. Letters received approving Sign Application 2003-682, subject Prepared by: Fred Baker, AICP Principal Planner AASA 2003-682 Washington Park Sign program.wpd ATTACHMENT V7 C.-art , i — 10, �'��7AL-1 PH #B PLANNING COMMISSION STAFF REPORT DATE: APRIL 8, 2003 CASE NO.: SITE DEVELOPMENT PERMIT 2003-761 AND TENTATIVE PARCEL MAP 31172 APPLICANT: KLEINE BUILDING AND DEVELOPMENT, INC. REQUEST: REVIEW OF DEVELOPMENT PLANS FOR A SEVEN BUILDING COMMERCIAL COMPLEX WITH 63,550 SQUARE FEET OF FLOOR AREA AND SUBDIVISION OF SIX ACRES INTO EIGHT COMMERCIAL PARCELS FOR THE PROJECT LOCATION: GENERAL PLAN/ ZONING: ENVIRONMENTAL DETERMINATION: BACKGROUND: NORTH SIDE OF HIGHWAY 111, 331 FEET WEST OF DUNE PALMS ROAD M/RC (MIXED REGIONAL COMMERCIAL) / CR (REGIONAL COMMERCIAL WITH A NON-RESIDENTIAL OVERLAY) THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE REQUEST HAS BEEN ASSESSED IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT 99- 383 PREPARED FOR SPECIFIC PLAN 99-036, WHICH WAS CERTIFIED ON SEPTEMBER 7, 1999. NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED, OR NEW INFORMATION HAS BEEN SUBMITTED WHICH WOULD TRIGGER THE PREPARATION OF SUBSEQUENT ENVIRONMENTAL REVIEW. The project site is located west of USA Gasoline which is on the northwest corner of Highway 111 and Dune Palms Road (Attachment 1). The site is within the La Quinta Corporate Center Specific Plan area. The recently approved Radio Active site is to the east of the subject property. Across Corporate Center Drive to the north is the J. Paul commercial complex. To the west is vacant land not within this specific plan area or approved for any project. PASTANWeine commercial\sdp 2002-761 tpm 31172 pc rpt.wpd PROJECT PROPOSAL: Site Development Permit: The applicants are proposing a seven building commercial complex and a Tentative Parcel Map to create parcels for the buildings and one common area parcel for the parking lot, landscape areas and setbacks (Attachment 2). The buildings are placed around the perimeter of the six acre site with two buildings along Highway 111 and one structure (two buildings ) fronting on Corporate Center Drive. One vehicular access driveway is provided on the existing Highway 111 driveway and will be shared with the USA gas station. The existing Dune Palms Road driveway will be shared by the gas station, Radio Active and this project. Two driveways are provided to Corporate Center Drive, with the easterly drive shared with Radio Active. Two future accessways are provided to the west for future vehicular connections to the adjacent property, which at present is not approved for development. At the northwest corner of the site the plan shows existing Corporate Center Drive cul-da-sac encroaching into the parking lot. The future plan is for this street to extend west and connect to the westerly portion of the street which presently exists from Adams Street east. The property between these portions of street is not a part of the La Quinta Corporate Center Specific Plan, but will be required to provide the connecting street and connect internally within the parking lots. Trash area enclosures are spread out around the site near each building. The seven buildings will appear to be six because the two buildings along Corporate Center Drive will share a zero setback and appear to be one building. 254 parking spaces have been provided at a ratio of one space per 250 square feet of floor space. This is permitted for retail uses when over 50,000 square feet of floor space is provided. With this requirement, other commercial uses which require less parking are permitted. Additionally, under these provisions up to 20% of the floor space may be utilized for restaurant uses without providing additional parking. The design of the project incorporates a flat roof with a parapet at a height of 22 feet. An arched arcade with a mansard style clay "s" the roof inserts is provided on the entry (front) sides of each building. A "stacked stone" wainscot treatment is provided around at least three sides of each building. The forth side generally has a small amount at the corners. The "stacked stone" treatment is also provided on the columns of the arcade on the front of the buildings. The stone columns are popouts of less than one foot on most of the remaining non -front sides of the buildings. A decorative cornice treatment is provided at the top of all parapets. In response to concerns of the Architecture and Landscaping Committee, the applicant has revised the roof line of the two buildings facing Highway 111 (building 1 and 2), by lowering P:\STAN\kleine commercial\sdp 2002-761 tpm 31172 pc rpt.wpd the parapet in the middle section of each building 18" and "popping" out the end section of the building to vary the appearance. The roof the will be a carmel blend color. Tan and "coffee" color exterior plaster will be used on the building walls. The stone color will use a brown blend of colors. Window and door frames will be a black anodized color. A conceptual landscape plan has been submitted tree species, their sizes and locations. A pallette lists shrub and groundcover to be used. Sign information is limited to noting a 25 square foot sign on the front and rear of each building. Tentative Parcel Map: The Tentative Parcel Map creates a parcel for each building and one common area parcel for the parking lot, landscape areas and setbacks. Parcels one through seven coincide with the building footprint. Parcel 8 is a common area parcel for the balance of the 6.01 acre site. ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE (ALHU The ALRC reviewed this request at its meeting of March 5, 2003, and recommended approval of the project by adoption of Minute Motion 2003-008, subject to conditions pertaining to consideration if the stone should be used on the front of the buildings and palm tree use next to Radio Active (Attachment 3). There was discussion on the design of the buildings with the consensus being that the building design as submitted was acceptable. PUBLIC NOTICE: This map application was advertised in the Desert Sun newspaper on March 28, 2003. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, no comments have been received. FINDINGS: The Site Development Permit findings as required by Section 9.210.010 of the Zoning Ordinance can be made as noted in the attached Resolution with the recommended conditions of approval. 01? P:\STAN\kleine commercial\sdp 2002-761 tpm 31172 pc rpt.wpd The Tentative Parcel Map findings as required by Section 13.12.130 of the Subdivision Ordinance can be made as noted in the attached Resolution with the recommended conditions of approval. RECOMMENDATION: 1. Adopt Resolution 2003- ,approving Site Development permit 2003-761, subject to the attached conditions of approval. 2. Adopt Resolution 2003- ,approving Tentative Parcel Map 31172, subject to the attached conditions of approval. Attachments: 1. Location Map 2. Plan exhibits, including revised south elevation - Buildings 1 and 2 3. Draft minutes of the March 5, 2003, Architecture and Landscaping Review Committee meeting Prepared by: <<�, P3, 4ayew, w Stan B. Sawa, Principal Planner, 0- s P:\STAN\kleine commercial\sdp 2002-761 tpm 31172 pc rpt.wpd PLANNING COMMISSION RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR CONSTRUCTION OF A 63,550± SQUARE FOOT COMMERCIAL COMPLEX CASE NO.: SITE DEVELOPMENT PERMIT 2003-761 APPLICANT: KLEINE BUILDING AND DEVELOPMENT, INC. WHEREAS, the Planning Commission of the City of La Quinta, California did on the 81" day of April , 2003, hold a duly noticed Public Hearing, to consider the request of KLEINE BUILDING AND DEVELOPMENT, INC. to approve the development plans for a 63,550± square feet commercial complex in the CR zone, located on the north side of Highway 111, 331 feet west of Dune Palms Road, more particularly described as: APN 649-020-049 and 050 WHEREAS, said Parcel Map request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that the La Quinta Community Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 99-383 prepared for Specific Plan 99-036, which was certified on September 7, 1999. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of subsequent environmental review, and; WHEREAS, the Architecture and Landscaping Review Committee, on March 5, 2003, at a regular meeting, adopted Minute Motion 2003-008, recommending approval of the architectural and landscaping plans for the project, subject to conditions; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Site Development Permit: 1. The General Plan designates the project area as Regional Commercial. The proposed commercial buildings are consistent with the commercial designation of the property. 05 p:\stan\kleine commercial\sdp 2003-761 pc res.wpd Planning Commission Resolution 2003- Kleine Building and Development, Inc. Site Development Permit 2003-761 Adopted: 2. The proposed commercial complex is designed to comply with the Zoning Code and specific plan requirements, including but not limited to, height limits, parking, lot coverage, and setbacks. 3 The La Quinta Community Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 99- 383, prepared for Specific Plan 99-036, which was certified on September 7, 1999. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of a subsequent environmental review. 4. 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 the surrounding development and with the quality of design prevalent in the city. The building is well designed with adequate articulation on the front and rear elevations. The project uses architectural features, colors, and materials that are compatible with the surrounding existing buildings. 5. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. The proposed complex is located on an area that is designated for a commercial development. 6. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, and complement the surrounding project area, ensuring lower maintenance and water use. 7. The building signs are conditioned to be consistent with the intent of the Zoning Code and specific plan, and will be in harmony and visually related to the proposed buildings, with the approval of the Planning Commission. 10P p:\stan\kleine commercial\sdp 2003-761 pc res.wpd Planning Commission Resolution 2003- Kleine Building and Development, Inc. Site Development Permit 2003-761 Adopted: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. 2. That it does hereby approve Site Development Permit 2003-761 for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 8 h day of April, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Rich Butler, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California r. �( p:\stan\kleine commercial\sdp 2003-761 pc res.wpd Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: 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 Parcel 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 Parcel 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 the necessary clearances and/or permits from the following agencies: Fire Marshal Public Works Department (Grading Permit, Improvement Permit) Community Development Department Riverside Co. Environmental Health Department Desert Sands Unified School District Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DwQ. 08 ':\:STAN\kleine commercial\sdp 2003-761 pc coa.wpd Printed April 4, 2003 Page 1 of 1: Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 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. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP anad BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. 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. Conferred rights shall include irrevocable offers to dedicate 09 PASTANWeine commerciaRsdp 2003-761 pc coa.wpd Printed April 4, 2003 Page 2 of 1 f Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. Street Right of Way for Highway 111, Dunes Palms Road, and Corporate Center Drive has been dedicated according to the recorded Grant of Easement, DOC# 2000- 267425. No additional right of way is required to comply with General Plan street widths. 8. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 9. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Highway 111 (Major Arterial) - 50-foot from the R/W-P/L. B. Dune Palms Road (Secondary Arterial) - 10-foot from the R/W-P/L. C. Corporate Center Drive (Local Street) - 10-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 10. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Parcel Map. 11. Direct vehicular access to Highway 111 & Corporate Center Drive from lots with frontage along Highway 111 & Corporate Center Drive is restricted. Except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded parcel map. 12. 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, permanent slopes, or other encroachments will occur. 10 P'USTAN*leine commerciaRsdp 2003-761 pc coa.wpd Printed April 4, 2003 Page 3 of 1: Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: 13. 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 Parcel Map, unless such easement is approved by the City Engineer. 14. Prior to the City's approval of a Parcel Map, the applicant shall furnish accurate AutoCAD files of the Parcel Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Parcel Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Parcel Map. 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. 15. 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 Section 13.24.040 (Improvement Plans), LQMC. 16. The following improvement plans shall be prepared and submitted for review and approval by the City. 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. Site Development Plan: 1 " = 40' Horizontal B. Perimeter Landscape Plan: 1 " = 20' Horizontal C. On -Site Storm Drain Plan: 1 " = 40' Horizontal 1 " = 4' Vertical 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. e �i 3ASTANWeine commerciallsdp 2003-761 pc coa.wpd Printed April 4, 2003 Page 4 of 1: Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: "Site Development" 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 ADA requirements. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. "Storm Drain" plans shall normally include all hydrologic and hydraulic analysis including but not necessarily limited to hydraulic grade lines, Pipe flows, and inlet structure sizing. 17. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 18. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. O 19. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. "ASTANWeine commerciaRsdp 2003-761 pc coa.wpd Printed April 4, 2003 Page 5 of 1: Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: 20. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 21. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. . 22. 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. 23. To obtain an approved site development permit, the applicant shall submit and obtain approval of all of the following: A. A site development plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Parcel Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 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 as submitted with its application for a grading permit. 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. 13 ':\STAN\kleine commercial\sdp 2003-761 pc coa.wpd Printed April 4, 2003 Page 6 of 13 Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: 25. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (ie the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 26. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Parcel Map, 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 parcel, the applicant shall provide a pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved site development 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. 28. Storm water handling shall conform with the approved hydrology and drainage plan for Specific Plan 99-036. Nuisance water shall be retained on site and disposed of in a manner acceptable to the City Engineer. 29. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 30. 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 Section 9.100.040(B)(7), LQMC. 14 P:\STAN\kleine commercial\sdp 2003-761 pc coa.wpd Printed April 4, 2003 Page 7 of 1; Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: 31. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 32. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 33. The applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge into the Coachella Valley Stormwater Channel, which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. 34. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 35. 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. 36. 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. 37. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City 15 P:\STAN\kleine commercial\sdp 2003-761 pc coa.wpd Printed April 4, 2003 Page 8 of 1: Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 38. The applicant shall redesign existing driveway access within the City right of way to comply with current ADA requirements. 39. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 40. General access points and turning movements of traffic are limited to the following: A. Primary Entry - on Highway 111: Joint access at the existing entrance, right turn out, right turn in. B. Secondary Entry - on Corporate Centre Drive - Joint access at the existing entrance, full turn movement is allowed. NOTE: Reasonable cooperation by the adjacent landowner does include granting of reciprocal cross -access easements between the two landowners that facilitate construction of improvements necessary to implement the shared access concept on both properties in a manner that precludes unnecessary reconstruction of the improvements in the future. 41. Pursuant to Section 9.150.080(A)(8)(b) (Parking), LQMC, the applicant shall provide 50-foot uninterrupted driveway throats into the parking lot. 42. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks), 13.24.140 (Landscaping Plans), 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping) LQMC. This includes providing berming along the perimeter setback and parkways in the street right-of-ways. The developer/owner shall maintain the required public improvements until and if expressly released from this responsibility by the appropriate public agency. `ck P:\STAN\kleine commercial\sdp 2003-761 pc coa.wpd Printed April 4, 2003 Page 9 of 1 Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: 43. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 44. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit a preliminary -level landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. (VOTE: Plans are not approved for construction until signed by the City Engineer. 45. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. The trees used throughout the site shall be eight to ten feet in height with a minimum container size of 24" box and a minimum trunk caliper of 1.5 inch per Specific Plan 99-036. Palm trees shall have a minimum 10 foot brown trunk height. Planting along Highway 1 1 1 shall comply with adopted Highway 1 1 1 design theme. Parking lot surfaces shall be screened from view of the streets with landscaping and/or a short decorative wall to the satisfaction of the Community Development Department. Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting to insure they meet minimum size and caliper requirements. 46. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 47. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 17 P:ISTANIkleine commerciallscip 2003-761 pc coa.wpd Printed April 4, 2003 Page 10 of 1: Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: 48. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 49. Upon completion of construction, 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," "As -Built" or "As -Constructed" 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 AutoCAD or raster - image files previously submitted to the City, revised to reflect the as -built conditions. 50. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 51. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. 52. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. 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. 53. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program, School mitigation fee program and fringed -toed lizard mitigation fee in effect at the time of issuance of building and/or grading permit(s). 54. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 55. Rear elevation wall mounted lights for the building shall use non-adjustable shoebox type down shining light fixtures with recessed or flush mounted lenses. All exterior lighting fixtures shall use metal halide bulbs. 18 3:\33TAN\kleine commercial\sdp 2003-761 pc coa.wpd Printed April 4, 2003 Page 11 of 1: Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: 56. Water mains shall be capable of providing 4000-GPM at 20-psi residual for a 4-hour duration with the actual fire flow from any two adjacent hydrants to be 2000-GPM at 20-psi residual for a 4-hour duration. 57. Super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor any building following approved travel ways around the exterior of the building. 58. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 59. City of La Quinta ordinance requires all buildings, other than single family, 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. If required, sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 60. Any turn or turn -around requires a minimum 38-foot turning radius. 61. All buildings shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 62. The minimum dimension for access roads is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 63. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 64. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 65. Building plan check is to run concurrent with the City plan check. 66. The applicant shall be responsible for any submissions to the fire department. 67. Applicant shall comply with the approved Conditions of Approval for Specific Plan 99-036. 19 ':\3TAN\kleine commercial\sdp 2003-761 pc coa.wpd Printed April 4, 2003 Page 12 of 1: Planning Commission Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2003-761 Kleine Building and Development, Inc Adopted: 68. No signage is approved with this permit. A master sign program, in compliance with Code requirements and Specific Plan 99-036 provisions, shall be submitted to the Planning Commission for the entire site, prior to approval of individual sign permits for businesses on the site. 69. Security measures as outlined in the Sheriffs Department memo dated March 5, 2003, on file in the Community Development Department, shall be implemented unless determined by the City to be impractical. 70. All roof -mounted mechanical equipment must be screened using the roof parapets, in a manner so as not to be visible from surrounding properties and streets. Working drawings showing all such equipment and locations shall be submitted to the Building and Safety Department along with construction plan submittal for building permits. Method and design of screening must be approved by the Community Development Department prior to any issuance of building permits related to structures requiring such screening. 71. Provide at least three bicycle storage racks spread out around the site. 72. Minor amendments to the plans shall be approved by the Community Development Director. Major changes to the overall design of the development shall require Planning Commission review. 73. In the event that the permittee violates or fails to comply with any of the Conditions of approval of this permit, no further permits, licenses, approvals, certificates of occupancy, etc., shall be issued until such violation has been fully remedied. 74. The applicant shall comply with all applicable mitigation measures contained in EA 99-383 (City Council Resolution 99-110), including the provision of archaeological monitors during all earth -moving and grading activities. 75. Trash enclosures shall be made of a decorative masonry material and comply with Waste Management of the Desert requirements for construction and size. 76. A bus shelter shall be constructed on Highway 111, west of the project entry, complying with City Design standards as outlined in the adopted Highway 111 Design Theme. 77. All driveway entrances shall be a minimum of 28 feet in width. 0 P:\STAN\kleine commercial\sdp 2003-761 pc coa.wpd Printed April 4, 2003 Page 13 of 1: RESOLUTION 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP WHICH CREATES EIGHT PARCELS CASE NO.: TENTATIVE PARCEL MAP 31172 APPLICANT: NEIL KLEINE BUILDING AND DEVELOPMENT, INC. WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 8tn day of April, 2003, hold a duly noticed Public Hearing to consider the request of NEIL KLEINE BUILDING AND DEVELOPMENT, INC. for approval of a Parcel Map to create eight parcels in the Regional Commercial Zone, located on the north side of Highway 111, approximately 331 feet west of Dune Palms Road, more particularly described as: APN 649-020-049 and -050 WHEREAS, said Parcel Map request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that the La Quinta Community Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 99-383 prepared for Specific Plan 99-036, which was certified on September 7, 1999. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of subsequent environmental review, and; WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings of Approval to justify a recommendation for approval of said Tentative Parcel Map 31172: 1. The Map and its design are consistent with the General Plan and Specific Plan 99-036 in that its amended lots are in conformance with applicable goals, policies, and development standards, such as lot size and will provide adequate infrastructure and public utilities. 2. The design of the amended subdivision or its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because the area covered by Map is void of significant wildlife and the fringed -toed lirard mitigation fee will be paid. 3. The design of the amended subdivision and the proposed types of improvements are not likely to cause serious public health problems because urban improvements are existing or will be installed based on applicable Local, State and Federal requirements. nI pAstan\kleine commercial\tpm 31172 pc res.wpd 4:1 Planning Commission Resolution 2003- Tentative Parcel Map 31172 - Recommended Kleine Building and Development, Inc. Adopted: 4. The design of the amended subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case, 2. That it does recommend approval of Tentative Parcel Map 31172 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 8th day of April, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California 9 a� rW 0�. pAstan\kleine commerciaMpm 31172 pc res.wpd Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Parcel Map 31172 Kleine Building and Development, Inc. Adopted: 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 Parcel 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 Parcel 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 the necessary clearances and/or permits from the following agencies: Fire Marshal Public Works Department (Grading Permit, Improvement Permit) Community Development Department Riverside Co. Environmental Health Department Desert Sands Unified School District Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . 23 $:VSTAN\kleine commerciahtpm 31172 pc coawpd Printed April 4, 2003 Page 1 of 11 Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Parcel Map 31172 Kleine Building and Development, Inc. Adopted: A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 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. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP anad BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. 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. Conferred rights shall include irrevocable offers to :VSTAN\kleine commerciahtpm 31172 pc coa wpd 1 Printed April 4, 2003 Page 2 of 11 Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Parcel Map 31172 Kleine Building and Development, Inc. Adopted: dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. Street Right of Way for Highway 111, Dunes Palms Road, and Corporate Center Drive has been dedicated according to the recorded Grant of Easement, DOC# 2000-267425. No additional right of way is required to comply with General Plan street widths. 8. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 9. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Highway 111 (Major Arterial) - 50-foot from the R/W-P/L. B. Dune Palms Road (Secondary Arterial) - 10-foot from the R/W-P/L. C. Corporate Center Drive (Local Street) - 10-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 10. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Parcel Map. 11. Direct vehicular access to Highway 111 & Corporate Center Drive from lots with frontage along Highway 111 & Corporate Center Drive is restricted. Except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded parcel map. 12. 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, permanent slopes, or other encroachments will occur. 25 P:\IoTAN\kleine commercial\tpm 31172 pc coa wpd Printed April 4, 2003 Page 3 of 11 Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Parcel Map 31172 Kleine Building and Development, Inc. Adopted: 13. 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 Parcel Map, unless such easement is approved by the City Engineer. 14. Prior to the City's approval of a Parcel Map, the applicant shall furnish accurate AutoCAD files of the Parcel Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Parcel Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Parcel Map. 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. 15. 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 Section 13.24.040 (Improvement Plans), LQMC. 16. The following improvement plans shall be prepared and submitted for review and approval by the City. 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. Site Development Plan: B. Perimeter Landscape Plan: C. On -Site Storm Drain Plan: 1 " = 40' Horizontal 1 " = 20' Horizontal 1 " = 40' Horizontal 1 " = 4' Vertical 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. 263 :VS'rANlkleine commerciaRtpm 31172 pc coa wpd Printed April 4, 2003 Page 4 of 11 Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Parcel Map 31172 Kleine Building and Development, Inc. Adopted: "Site Development" 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 ADA requirements. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. "Storm Drain" plans shall normally include all hydrologic and hydraulic analysis including but not necessarily limited to hydraulic grade lines, Pipe flows, and inlet structure sizing. 17. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 18. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. 19. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 27 ':VSTAN\kleine commercial4pm 31172 pc coa wpd Printed April 4, 2003 Page 5 of 11 Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Parcel Map 31172 Kleine Building and Development, Inc. Adopted: 20. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 21. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 22. 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. 23. To obtain an approved site development permit, the applicant shall submit and obtain approval of all of the following: A. A site development plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Parcel Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 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 as submitted with its application for a grading permit. 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. 28 :\S'CAN\kleine commercial\tpm 31172 pc coawpd Printed April 4, 2003 Page 6 of 11 Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Parcel Map 31172 Kleine Building and Development, Inc. Adopted: 25. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.6O.24O(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (ie the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 26. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Parcel Map, 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 parcel, the applicant shall provide a pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved site development 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. 28. Storm water handling shall conform with the approved hydrology and drainage plan for Specific Plan 99-036. Nuisance water shall be retained on site and disposed of in a manner acceptable to the City Engineer. 29. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off, 30. 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 29 ':1STANUdeine commercialltpm 31172 pc coa.wpd Printed April 4, 2003 Page 7 of 11 Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Parcel Map 31172 Kleine Building and Development, Inc. Adopted: perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 31. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 32. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 33. The applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge into the Coachella Valley Stormwater Channel, which may be required under the City's NPIDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. UTILITIES 34. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 35. 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. 36. 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. J0 37. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City :\SrrAN\kleine commerciahtpm 31172 pc coa.wpd Printed April 4, 2003 Page 8 of 11 Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Parcel Map 31172 Kleine Building and Development, Inc. Adopted: Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 38. The applicant shall redesign existing driveway access within the City right of way to comply with current ADA requirements. 39. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 40. General access points and turning movements of traffic are limited to the following: A. Primary Entry - on Highway 111: Joint access at the existing entrance, right turn out, right turn in. B. Secondary Entry - on Corporate Centre Drive - Joint access at the existing entrance, full turn movement is allowed. NOTE: Reasonable cooperation by the adjacent landowner does include granting of reciprocal cross -access easements between the two landowners that facilitate construction of improvements necessary to implement the shared access concept on both properties in a manner that precludes unnecessary reconstruction of the improvements in the future. 41. Pursuant to Section 9.150.080(A)(8)(b) (Parking), LQMC, the applicant shall provide 50-foot uninterrupted driveway throats into the parking lot. 42. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 43. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 31. P:VS:TAN\kleine commercial4pm 31172 pc coa wpd Printed April 4, 2003 Page 9 of 11 Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Parcel Map 31172 Kleine Building and Development, Inc. Adopted: 44. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior. to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 45. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. The trees used throughout the site shall be eight to ten feet in height with a minimum container size of 24" box and a minimum trunk caliper of 1.5 inch per Specific Plan 99-036. Palm trees shall have a minimum 10 foot brown trunk height. Planting along Highway 111 shall comply with adopted Highway 111 design theme. Parking lot surfaces shall be screened from view of the streets with landscaping and/or a short decorative wall to the satisfaction of the Community Development Department. Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting to insure they meet minimum size and caliper requirements. 46. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 47. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. VSTANUdeine commerciahtpm 31172 pc coa.wpd Printed April 4, 2003 Page 10 of 11 Planning Commission Resolution 2003- Conditions of Approval - Recommended Tentative Parcel Map 31172 Kleine Building and Development, Inc. Adopted: 48. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 49. Upon completion of construction, 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," "As -Built" or "As - Constructed" 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 AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 50. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 51. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. t1109014• �� � 52. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. 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. 53. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). 54. Applicant shall comply with the approved Conditions of Approval for Specific Plan 99-036. 3 :VS'rANUcleine commerciahtpm 31172 pc co&wpd Printed April 4, 2003 Page 11 of 11 I ATTACHMENT #3 Architectural & Landscape Review Committee Minutes March 5, 2003 B, Site Development Permit 2003-761; a request of Kleine Building and Development, Inc. for review of architectural and landscaping plans for seven commercial buildings on a six acre site located on the north side of Highway 111, 310 feet west of Dune Palms Road. 1. Principal Planner Stan Sawa gave an overview of the project and introduced Bob Kleine, representing the project, who gave a presentation on the project. 2. Committee Member Cunningham stated he has no issue with the renderings. The south elevation of Buildings 1 and 2, being set back, and with the use of the stone and landscaping, it will soften the look of the hard building. Buildings 5 and 6 are similar to what is along Highway 111. The area with no windows needs some architectural -relief in the center section, as well as the south elevation on Buildings 1 and 2. Mr. Kleine stated that on the north side of Buildings 5 and 6, they will be selling to. an owner/occupant. They probably have single clients on the north building. Therefore, the architectural glazing will continue across the entire wall. Committee Member Cunningham stated that wherever there is a blank wall there needs to be enhanced landscaped, or some architectural detail added. 3. Committee Member Thorns questioned the .use of the stone. It appears to be added for mitigation measure and is overdone. His biggest concern is that the roof line has no relief due to the single height of all the buildings. Mr. Kleine stated they will be using an artificial cantera stone running across all the parapets of the buildings. This will allow some relief to the roof line. 4. Committee Member Cunningham stated the recessed arcade of ten feet gives relief to the front of the building. 5. Committee Member Thorns stated he questions the use of stone on these elevations. Mr. Kleine stated he wanted a similar but enhanced project to the buildings on Cook Street and Highway 1 1 1. Committee Member Thorns stated the. more you add a residential approach to a commercial building it is not a good use of the material. To make each building different would be better. Mr. Kleine stated you tend to get a lot of maintenance problems along the lower portion of the building wall which is another reason for using the stone. 35 G:\WpDocsWRII,03-5-03.wpd 3 Architectural & Landscape Review Committee Minutes March 5, 2003 6. Committee Member Cunningham remarked how the use of stone on the Desert European Cars building is similar in appearance to the mountains. 7. Committee Member Bobbitt stated he likes the stone. He would prefer to see some relief on the roof line. On the landscaping, he asked what was on the exposed sides where there is a zero lot line. Mr. Kleine stated these were the loading and unloading areas and nothing was proposed. Planning Manager Oscar Orci explained the problem they had in designing the buildings to hide the loading areas. Mr. Kleine stated they will be following through with what was proposed for the Radio Active project to the east. 8. Committee Member Thorns asked if the roof lines could'be raised in some areas to give some relief. Mr. Kleine stated they would raise the parapet walls rather than doing a hip roof. Discussion followed about the south elevations. 9. Committee Member Bobbitt asked if something could be done on Buildings 1 and 2, he would prefer it. 10. Committee Member Thorns stated more relief is needed in the roof line or elevation face itself for Buildings 1 and 2 facing Highway 111. In addition, a consideration should be given to the use of the stone material should be taken. In the landscape plan, the California Fan Palm should be mixed with the Mexican Palm to blend with the Radio Active building. 11. Committee Member Cunningham stated that due to the 65 foot setback for Buildings 1 and 2 from Highway 111, and that the buildings are different sizes, and separated, he believes by adding any architectural changes to the building it will not benefit the building or project. 12. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Thoms to adopt Minute Motion 2003-008, approving Site Development Permit 2003-761, as amended: a. Consideration shall be given to the use of stone on the front elevations. b. The California Fan Palm should be mixed with the Mexican Palm to blend with the Radio Active building. 10 Unanimously approved. .. ,...,.,...,.�� A vT nz_c.na -,M 4 B 1 ##A DATE: CASE NO.: APPELLANT: REQUEST: LOCATION: BACKGROUND: PLANNING COMMISSION STAFF REPORT APRIL 8, 2003 CONTINUED - PUBLIC NUISANCE CASE NOS. 7397 AND 7398 DONALD AND PATRICIA CROSS APPEAL OF PUBLIC NUISANCE DETERMINATION 78-570 SAGUARO ROAD The Public Nuisance was declared to exist on January 30, 2003, at the above -noted address. The determination was based on the existence of a partially constructed, approximately five foot high wood framed plastered garden wall, for which the owner had not obtained a building permit. Under the La Quinta Municipal Code Section 8.01.060 (Attachment 1), the Appellants were legally required to obtain a permit for this structure. In 1999, in Ordinance No. 330, the City Council expressly declared that such walls were subject to the City's permit requirement. This is codified in La Quinta Municipal Code Section 8.01.020.B.1 (Attachment 2). Construction of a structure without a building permit is defined in the La Quinta Municipal as unlawful. (La Quinta Municipal Code Section 8.01.080 — Attachment 3) The City Council, in establishing its Municipal Code, has also defined that such unpermitted construction as a per se "public nuisance" (La Quinta Municipal Code Section 1.01.250-Attachment 4 and 1 1.72.030 - Attachments 5). The Municipal Code contains no authority for waiving these requirements. The City Attorney has opined that there is no legal basis to deviate from the application of the La Quinta Municipal Code in this type of situation. The Appellants were aware of the mandatory permit requirement through their dealings with City staff on the issue in 1999 and 2000 In the fall of 2002, Appellants proceeded with the construction without obtaining a permit. On October 18, 2002, the City issued a Cease and Desist Order, instructing the Appellants once again to obtain a permit for the construction (Attachment 6). P/OSCAR/stfrpt/PubNuis-Crossman2-FINAL On November 18, 2002, the Appellants met with City staff and was again informed of the requirement of a permit and of the need for a structural design of the wall. On December 27, 2002, a "Final Notice of Violation" was issued. This notice gave Appellants until January 13, 2003 to correct the code violation (Attachment 7). No correction was made. On January 30, 2003, the partially constructed wall was declared a "public nuisance" in accordance with the La Quinta Municipal Code. This declaration gave Appellants an additional 21 days to correct the Code violations (Attachment 8). No correction was made. On February 11, 2003, a letter of appeal from the Appellants (Attachment 9) was received in regard to the Notice of Public Nuisance. In accordance with Section 11.72.050 (F) of the La Quinta Municipal Code, the Planning Commission is required to review this matter and determine whether the public nuisance exists. At the March 251h meeting, the Planning Commission took no action on this item and continued it to allow staff the opportunity to investigate engineered wood framed plastered garden wall construction standards. A survey of the Coachella Valley cities (Attachment 10.) indicates that, with the exception of the City of Palm Springs, cities do not have such standards. Furthermore, staff found that the Palm Springs standards (Attachment 1 1) do not adequately address structural concerns. Lastly, the City's engineering consultant (Attachment 12), does not recommend the development of engineered wood framed plastered garden wall construction standards because it is an uncommon structure with questionable long-term performance. A wood post embedded in concrete is considered to be an inherent design weakness. At some point the wood will rot (even if it is treated) and the structural integrity of the wall will be severely compromised. Regardless of the outcome of the construction standards, it is the staff and City Attorney's opinion that the Planning Commission should determine whether this item is a public nuisance in accordance with LQMC 1 1.72.050 and based upon current City requirements. Therefore, staff and the City Attorney recommend the Planning Commission uphold the Public Nuisance Citation as issued. RECOMMENDATION: Adopt Minute Motion 2003-_ upholding the Public Nuisance Citation as issued. P/0SCAR/stfrpt/PubNuis-Crossman2-FINAL Attachments: 1. Section 8.01.060 2. Section 8.01.020.13.1 3. Section 8.01.080 4. Section 1.01.250 5. Section'! 1.72.030 6. Cease and Desist Order 7. Final Notice of Violation 8. Public Nuisance Notice 9. Appeal letter 10. Coachella Valley Cities Survey 11. City of Palm Springs Wood Framed Construction Standards 12 City Engineering Consultants Opinion P/OSCAR/stfrpt/PubNuis-Crossman2-FINAL ATTACHMENT #1 8.01.060 Permits required. Section 301.1 of the Uniform Administrative Code, 1994 Edition, shall be revised to read as follows: Permits Required. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure, including a swimming pool, spa or hot tub, or make any installation, alteration, repair, replacement, or remodel any building service equipment, including swimming pool, spa and hot tub equipment, regulated by this Title, except as specified in Section 301.2.1, or cause the same to be done without first obtaining a separate, appropriate permit for each building, structure or service equipment from the Building Official. (Ord. 276 § 2 (Exh. A) (part), 1995; Ord. 208 § 2 (part), 1992; Ord. 114 § 1 (part), 1987; Ord. 68 § 1 (part), 1985) 8.01.070 Construction site security and debris. A. The owner, contractor or responsible party constructing a new building, addition, or alteration to an existing building shall maintain security measures as deemed necessary or as required by the building official to control vandalism, fares, blowing dust, sand or debris. B. The owner, contractor or responsible party constructing a new building, addition, or alteration to an existing building, shall keep the construction site clean by having on site an all metal, minimum three yard container with hinged lid (except rolloff containers), compatible for use with standard trash removal trucks, commonly referred -to as dumpsters, for the depositing of trash and debris. Containers are to be provided by commercial trash collection companies and shall not be placed in the right-of-way. As used in this section, "trash and debris" shall include papers, cartons, bottles, cans, garbage, roofing materials, insulation, plaster, concrete, boards and other substances that may be accumulated as a result of construction activities. C. A trash container shall remain on the construction site until the building inspector has completed the final inspection. Said container shall be emptied of its contents on a regular schedule or as ordered by the building inspector in order to avoid blowing debris or other public nuisances. D. Disposal shall be by transportation to a legally established dump site by the city's refuse contractor or other person authorized by law to remove any container from the location where the container was placed by the person in charge for storage and collection. E. Refusal to comply with the provisions of this section shall be a misdemeanor and punishable as stipulated in Section 205 of the Uniform Administrative Code; and/or be sufficient cause for the revocation of the issued building permit pending compliance. (Oral. 208 § 2 (part), 1992; Ord. 130 § 1, 1988; Ord. 97 § 1, 1986: Ord. 68 § l (part), 1985) 8.01.080 Violation --Penalty. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip or cause or permit the same to be done, contrary to or in violation of any of the provisions of this title. Any person, firm or corporation violating, or failing to comply with, any of the provisions of this title or a code adopted in this title is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this title or such code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. The application of the penalty provided in this section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1.01.250 of the u Quinta Municipal Code. (Ord. 68 § 3, 1985) 167 tLa Qoima s.") ATTACHMENT #2 Chapter 8.01 ADMINISTRATIVE CODE Sections: 8.01.016 Adoption of the Uniform Administrative Code. 8.01.020 Modification of certain parts of the Uniform Administrative Code. 8.01.030 Establishment of board of appeak 8.01.040 Fees. 8.01.050 Exempted work. 8.01.060 . Permits required. 8.01.070 Construction site security and debris. 8.01.080 Violation —Penalty. 8.01.010 Adoption of the Uniform Administrative- Code. Certain documents marked and designated as the "Uniform Administrative Code, 1997 Edition," published by the International Conference of Building Officials, are adopted for establishing administrative, organizational and enforcement rules and regulations for technical cocks which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment. Each and all of the regulations, provisions, conditions and terms of such "Uniform Administrative Code 1997 Edition," published by the International Conference of Building Officials, on file in the building and safety department, are referred to and made a part hereof as if fully set out in this chapter, except as otherwise provided in this chapter. (Ord. 330 Exh. A(1), 1999; Ord. 276 § 2 (Exh. A) (part), 1995; Ord. 208 § 2 (part), 1992; Ord. 150 § 1 (part), 1989; Ord. 114 § 1 (part), 1987; Ord. 68 § 1 (part), 1985) 8.01.020 Modification of certain parts of the Uniform Administrative Code. The following portions of the Uniform Administrative Code, 1997 Edition, are deleted: A. Section 204 (Board of Appeals); B. Section 301.2 (Exempted Work): 1. Section 301.2.1.2. Fences not over 6 feet high, 2. Section 301.2.1.5. Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids, 3. Section 301.2.1.11. Prefabricated swimming pools accessory to a Group R, Division 3 occupancy in. which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5000 gallons; C. Section 304.2 (Permit Fees); D. Section 304.3 (Plan Review Fees); E. Section 304.5.2 (Fee) Change reference to "...Tables Nos. 3-A through 3-H" to read "...the Resolution of the City Council establishing fees."; F. Section 305.8 (Reinspections) Change reference to "...Tables Nos. 3-A through 3-H" to read "...the Resolution of the City Council establishing fees."; G. Table No. 3-A (Building Permit Fees); H. Table No. 3-B (Electrical Permit Fees); I. Table No. 3-C (Mechanical Permit Fees); J. Table No. 3-D (Plumbing Permit Fees); K. Table No. 3-E (Elevator Permit Fees); L. Table No. 3-F (Elevator Annual Certificates of Inspection Fees); M. Table No. 3-G (Grading Plan Review Fees); N. Table No. 3-H (Grading Permit Fees). (Ord. 330 Exh. A(2),1999; Ord. 276 § 2 (Exh. A) (part),1995; Ord. 208 § 2 (part), 1992; Ord. 114 § 1 (part), 1987; Ord. 68 § 1 (part), 1985) 165 (La Quium 9-99) ATTACHMENT #3 8.01.060 Permits required. Section 301.1 of the Uniform Administrative Code, 1994 Edition, shall be revised to read as follows: Permits Required. It shall be unlawful for any person,firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure, including a swimming pool, spa or hot tub, or make any installation, alteration, repair, replacement, or remodel any building service equipment, including swimming pool, spa and hot tub equipment, regulated by this Title, except as specified in Section 301.2.1, or cause the same to be done without first obtaining a separate, appropriate permit for each building, structure or service equipment from the Building Official. (Ord. 276 § 2 (Exh. A) (part), 1995; Ord. 208 § 2 (part),1992; Ord. 114 § 1 (part), 1987; Ord. 68 § 1 (part), 1985) 8 01.070 Construction site security and debris. A. The owner, contractor or responsible party constructing a new building, addition, or alteration to an existing building shall maintain security measures as deemed necessary or as required by the building official to control vandalism, fires, blowing dust, sand or debris. B. The owner, contractor or responsible party constructing a new building, addition, or alteration to an existing building, shall keep the construction site clean by having on site an all metal, minimum three yard container with hinged lid (except rolloff containers), compatible for use with standard trash removal trucks, commonly referred -to as dumpsters, for the depositing of trash and debris. Containers are to be provided by commercial trash collection companies and shall not be placed in the right-of-way. As used in this section, "trash and debris" shall include papers, cartons, bottles, cans, garbage, roofing materials, insulation, plaster, concrete, boards and other substances that may be accumulated as a result of construction activities. C. A trash container shall remain on the construction site until the building inspector has completed the final inspection. Said container shall be emptied of its contents on a regular schedule or as ordered by the building inspector in order to avoid blowing debris or other public nuisances. D. Disposal shall be by transportation to a legally established dump site by the city's- refuse contractor or other person authorized by law to remove any container from the location where the container was placed by the person in charge for storage and collection. E. Refusal to comply with the provisions of this section shall be a misdemeanor and punishable as stipulated in Section 205 of the Uniform Administrative Code; and/or be sufficient cause for the revocation of the issued building permit pending compliance. (Ord. 208 § 2 (part), 1992; Ord. 130 § 1, 1988; Ord. 97 § 1, 1986: Ord. 68 § 1 (part), 1985) 8.01.080 Violation —Penalty. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip or cause or permit the same to be done, contrary to or in violation of any of the provisions of this title. Any person, firm or corporation violating, or failing to comply with, any of the provisions of this title or a code adopted in this title is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this title or such code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. The application of the penalty provided in this section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1.01.250 of the La Quinta Municipal Code. (Ord. 68 § 3, 1985) 167 (La QWm 9-") ATTACHMENT #! 27. "Tenant or occupant," applied to a building or land, includes any person who occupies the whole or a part of the building or land, whether alone or with others. 28. "Tense." The present tense includes the past and future tense, and the future tense includes the present tense. Words and phrases not defined in this code are construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in state or federal law. (Ord. 2 § 1 (part), 1982) 1.01.200 Violation —Infraction. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code or the provisions of any code adopted by reference by this code or any provision of any ordinance of the city not included within this code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this code or any code adopted by reference by this code or any other city ordinance shall be guilty of an infraction, unless the violation is specifically designated as constituting a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code, or any provision of any code adopted by reference by this code, or of any other city ordinance, is committed, continued, or permitted by such person, and may be punished accordingly. Any provision or requirement of this code or otherwise as referred to above, the violation of which or the failure to complywith which, is designated as an infraction, shall be prosecutable as a misdemeanor upon a third violation and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the city attorney or any deputy district attorney, upon a showing by the enforcing agency of the seriousness of the particular alleged violation. (Ord. 2 § 1 (part), 1982) 1.01.210 Aiding and abetting. Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 2 § 1(part), 1982) 1.01.220 Establishment of offenses as infractions. Any violation expressly declared to be punishable, in the discretion of the court, by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances: A. Where a judgment imposes a punishment of a fine not exceeding fifty dollars in the case of a first offense; or B. When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or C. When the city attorney or any deputy district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction. (Ord. 2 § 1(part), 1982) 1.01.230 Punishments. A. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. B. Any person convicted of an infraction under the provisions of this code shall be punishable for a first conviction by a fine of not more than fifty dollars, for a second conviction within a period of one year by a fine of not more than one hundred dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than two hundred fifty dollars. (Ord. 2 § 1 (part), 1982) ' �► 1.01.250 Violations public nuisances. A. In addition to other penalties provided by law, any condition caused or permitted to exist in 7 1.01.250 violation of any provision of this code, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the city. B. Also, any such violation or threatened violation as referred to in subsection A of this section, or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this code, or of the provisions of any other city ordinance, shall be deemed a public nuisance which may be abated by the city attorney in a civil judicial action. (Ord. 2 § 1(part), 1982) 1.01.260 Nuisances —Recovery of abatement expenses. A. Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.01.250, or other public nuisance, as defined under state law or other ordinance or regulation, has been given notice, by or on behalf of the city attorney or by any other city officer, employee or policing agent authorized to give such notice, to abate the nuisance or cease and desist from continuing the nuisance or violation of law, and the person who was given notice fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, the noncomplying person shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed in the notice. B. Costs and expenses, as referred to in subsection A of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the city arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due under this section. C. The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, and thereafter the nuisance or violation was abated, but such person subsequently allowed or was responsible for a recurrence of the nuisance or violation. D. The liability of any person for the payment of the costs and expenses provided for in subsection A of this section may be waived in whole or in part by the city attorney in any case wherein he determines, in his sole discretion, that the failure or refusal of such person to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the city attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Chapter 2.02 of this code. E. Moneys due to the city pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Section 39574 et seq. of the Government Code of the state relating to weed abatement assessments. (Ord. 2 § 1 (part), 1982) 1.01.270 Violation of administrative provisions. The violation of, or the failure or omission to perform in accordance with, any administrative provision of this code by any officer or employee of the city shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission or board within the meaning of the rules and regulations of the city, or of the civil service regulations of the city if applicable. (Ord. 2 § 1 (part), 1982) 1.01.300 Notices —Service. Whenever a notice is required to be given, or may be given, under any provision of this code or any provision of any code adopted by reference by this code or any provision of any ordinance or resolution of the city not included within this code, such notice may be given as provided in this section. Unless different or special provisions are otherwise specifically made in this code or in some other applicable enactment, any such notice may be given either by personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person ' to be notified, at that person's last known business address as the same appears in the public records or other records pertaining to the matters to which the notice is directed. Service by mail shall be deemed 0 11.72.010 ATTACHMENT #5 Chapter 11.72 PUBLIC NUISANCES* Sections: 11.72.010 Definitions. 11.72.020 Public nuisances prohibited. 11.72.030 Public nuisances declared. 11.72.040 Inspections. 11.72.050 Abatement of public nuisances. 11.72.060 Costs of abatement. " Prior ordioena history: Ords.10, 72, 79. :11.72.010 Definitions. As used in this chapter the following terms shall have the meanings indicated: A. Polluted water. "Polluted water" means water in a swimming pool, pond, or other body of water containing bacterial growth, algae, remains of insects or deceased animals, reptiles, rubbish, refuse, debris, papers or any other foreign material constituting an unhealthy, unsafe or unsightly condition, B. Premises. "Premises" means any lot or lots and the buildings or structures located thereon. C. Property Owner. "Property owner" means the owner of the premises where a public nuisance is located as indicated on the last available tax assessment roll. D. Refuse and Waste Matter. "Refuse and waste matter' means unused or discarded matter having little or no substantial market value including but not limited to: rubble, asphalt, concrete and building materials, plaster, tile, rocks, bricks, soil, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal, furniture, inoperative vehicles, vehicle bodies or parts thereof, trimmings from plants or trees, cans, bottles, and barrels. E. State of Partial Construction. "State of partial construction" means buildings and structures which are partially constructed when the building permit for such construction has expired. (Ord.160 § I (part), 1989) 11.72.020 Public nuisances prohibited. No person shall create, maintain, or allow any nuisance as declared in this chapter to remain on any premises within the city. (Ord. 160 § 1 (part), 1989) 11.72.030 Public nuisances declared. The following are declared public nuisances: A. Buildings or structures which are abandoned, partially destroyed or in a state of partial construc- tion; B. Buildings or structures that have dry rot or warped materials, are infested with termites, or the paint is cracked, peeled or blistered, rendering the building unsightly; C. Exterior walls, fences, driveways or sidewalks in a condition of deterioration or disrepair which are defective or unsightly; D. Broken windows, damaged doors or hates which constitute a health or safety hazard or which act as an invitation to trespassers, vagrants, wild or domestic animals or minor children; E. Parking or storing construction equipment, machinery or building materials in a residential zone accept during excavation, construction or demolition operations conducted pursuant to a building or grading permit; F. Land graded without a grading permit which causes or may cause eroding, subsidence or surface water drainage problems and is injurious or potentially injurious to adjacent properties and the public health, safety and welfare; G. Any excavation, pit, well or hole maintained in a manner that is dangerous to life or limb; 424 11.72.030 H. Any accumulation of dust, sand, gravel, refuse and waste matter or discarded materials including building and construction materials that endangers public health and safety; I. Outdoor stairs, porches, hand railings, balconies and swings not maintained in accordance with the Uniform Building Code adopted by the city; J. Any swimming pool, spa, pond, foundation or other body of water which is abandoned, unattended, unfiltered or not otherwise maintained resulting in polluted water, K. Premises so maintained as to cause the accumulation of polluted or stagnant water from any source or soil; which may cause a hazardous or unhealthy condition, breeding area for insects or erosion of foundation walls L. The use of any spray, paint, dye, chalk or similar substance to mark or deface any building, structure, hillside, rock(s), stormchannel, or any other surface open to public view which is commonly known as graffiti; M. Violation of any of the zoning or sign ordinances of the city or any of the uniform codes adopted by the city including the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, plumbing code, electrical code, mechanical code, swimming pool code, fire code, health code and Uniform Housing Code; N. Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties which causes a substantial diminution in the enjoyment, use or value of adjacent properties; O. Outdoor burning of any material or structure unless sanction by the fire department as a training fire or when used as a cooking or comfort fire contained in a fireproof container no larger than four feet in diameter, P. Permitting any abandoned, unattended or discarded icebox, refrigerator, freezer or other similar container with an airtight door or lid that cannot be readily released from the inside to remain unattended inside or outside any building or structure; Q. Stockpiling fill dirt or other material without a grading permit; R. Maintenance of grounds, landscape, shrubs; plants or vegetation visible from the public right-of-way which causes a substantial diminution in the enjoyment, use or value of adjacent properties; S. Landfills containing organic materials except those permitted by the building director or the public works director of the city; T. Allowing the following to exist on property: 1. Lumber, junk, refuse and waste matter or abandoned, discarded or unused objects or equipment such as furniture, appliances, and play equipment which is visible from the public right -of way, 2. Attractive nuisances such as abandoned or broken equipment and machinery, hazardous pools, and excavations, 3. Clotheslines located in front yards or side yards of corner lots, clothes hung to dry on walls, fences, trees, bushes or inside open garages or carports which can be observed from the public right-of-way, 4. Materials stored on rooftops which are visible from the public right-of-way, 5. Trash containers or plastic bags causing offensive odors or a breeding place for flies, 6. Gasoline, oil, grease, water or other materials flowing onto a right-of-way or an accumulation of refuse, waste, grease and oil on any surface including but not limited to, surfaces such as improved or unimproved ground, rights -of -way, buildings, structures, walls or fences, 7. Any tree, shrubbery or plant growing onto or over the public right-of-way which impairs pedestrian or vehicular traffic or prevents drivers from clearly observing safety signs and signals, 8. Dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation likely to harbor rats or vermin or constitute an unsightly appearance or fire hazard; U. Dumping refuse and waste matter upon the following: 1. Any public or private highway or road, 2. Private property where the public is admitted by easement or license, 3. Private property with or without the consent of the property owner, and 4. Any public property not designated for such purpose; V. Dumping or placing any rocks or dirt upon private property without the consent of the state or local agency retaining jurisdiction over such highway or property; W. Repairing, storing, or otherwise working on any motor vehicle or parts thereof not belonging to the person residing on the premises in any residential area within the city unless: 1. Such activities are completely enclosed and not visible from the public right-of-way, or 425 aA Qui= a-%) 1 l .72.030 2. Such activities constitute emergency repairs, provided that such repairs do not exceed seventy-two hours; X. Parking a vehicle, as defined in Chapter 11.80, in public view when a failure to maintain its exterior causes such vehicle to constitute an eyesore. Vehicles shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled or the vehicle exterior becomes otherwise dilapidated; Y. Sanding or painting a vehicle, as defined in Chapter 11.80, anywhere in a residential zone; Z. Failure to obscure vehicles and equipment which are stored in a residential zone out of public view; AA. Storage of any item in a residential zone in a manner which endangers public health and safety; , BB. Any offensive or unwholesome business or establishment operated in a manner dangerous to the public health, safety and welfare; CC. Those offenses declared a nuisance anywhere in the code of the city or the statutes of the state of California or known at common law as nuisances when the same exist within the jurisdiction of the city. (Ord. 265 § 1, 1995; Ord. 177 § 1, 1990; Ord. 160 § 1 (part), 1989) 11.72.040 Inspections. A. Authorized Representative. The city manager and the community safety director or their representative(s) are authorized to make inspections and take such actions as may be required by this chapter to provide for the abatement of public nuisances. B. Right of Entry. Whenever there is reasonable cause to believe that a condition, activity, or use of property exists which constitutes a public nuisance the city manager or community safety director or their r pnesentative(s) may enter the premises at a reasonable time for the purpose of inspection. If such premises are occupied, i ntry shall be requested and proper credentials shall be presented. If such premises are unoccupied, a reasonable effort shall be made to locate the property owner. If entry is refused or if the property owner cannot be located after a reasonable time, a twenty-four hour written notice of intent to inspect shall be left at the premises. The notice shall state that the property owner has the right to refuse entry and if such entry is refused, the city may seek assistance from a court of competent jurisdiction to obtain entry to inspect the premises. (Ord. 160 § I (part), 1989) 11.72.050 Abatement of public nuisances. A. Dangerous Buildings. The Uniform Code for the Abatement of Dangerous Buildings shall apply and preempt the provisions of this chapter whenever the public nuisance to be abated constitutes a dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings. B. Notice of Public Nuisance. Upon determination that a public nuisance exists a notice shall be issued to the property owner. The notice shall read "Notice of Public Nuisance," in letters not less than one inch in height. The notice shall direct abatement of the nuisance, identify the nuisance by referring to this chapter, and contain a general description of the property sufficient to identify the location of the public nuisance. C. Service. The notice of public nuisance may be served by one of the following methods: 1. Personal service; or 2. Certified mail; or 3. Posting the notice at a conspicuous place on the premises where the nuisance is located or at the abutting public right-of-way in addition to personal service or notice by certified mail. D. Time to Abate. Public nuisances shall be abated by the property owner no more than twenty-one days from the date of personal service or mailing the notice of public nuisance. If a public nuisance constitutes an immediate fire hazard, within five days of personal service or mailing the notice of public nuisance. E. Summary Abatement. Whenever a public nuisance exists which constitutes an emergency present - (La Quium z-%> 426 r• -T. _ ,) Lh Li;,7Vfti 0 uncial Order ro lease & desist 4 ATTACHMENT #6 Pursuant to La Quinta MuniMunic*d Code Section 1.01.250, any condition caused or permitted to Pxist or an such threatened violation of City Code shall be deemed a Public Nuisance and may be summargy abated as such. It is hereby ORDERED that the Activity, as described below, be �STOPPED� Popwripme= IMMEDIATELY Municipal Code Sections):. Pacplanation of 3roladon(s).- 01 Any person or persons that continue to violate this Cease and Desist Order beyond the Date and 7Yme, as indicated, will become subject to all available legal remedies This Cease and Desist Order may be accompanied with a Noike of Violation (Citation) and/or a Citation may be issued to any person(s) in the event that any violation(s) are allowed to continue beyond the indicated date and time and/or any calendar day. Inuing Officer: a Date:ContactPhone #: 760-777-_ IQ On-J_or 760-777-7050 Code Compliance Division Department of Building and Safely /- P.O. Bux 1504 78-495 CALLS TAMPICO Lip QU IN I -A, CALIFORNIA 92253 FINAL NOTICE OF VIOLATION December 27, 2002 Donald Cross Patricia Cross 78570 Saguaro Road La Quinta, California 92253 oil, ATTACHMENT I (760) 7 77-700r) (-I*DD) (760) 7 7 7 - 1 2 7, RE: VIOLATION(S) OF THE LA QUINTA MUNICIPAL CODE AT 78570 Saguaro Road (646-312-044), LA QUINTA, CA. On October 18, 2002, you were notified by this office that you were in violation of the City's Municipal Code. Our records indicate that you were made aware of the nature of your violation(s), the action necessary to correct the violation(s), and that you were given ample time to remedy the violation(s). Another inspection was made of the subject property on December 19, 2002. That inspection revealed that the necessary corrective action had not been taken. This letter will serve as notice that if the violation is not corrected before January 13, 2003 an administrative citation will be issued or a notice to appear in court or this matter will be scheduled for a nuisance abatement hearing to force compliance. If you have any questions concerning this matter, you should contact the undersigned immediately at (760) 777-7021, Monday - Friday, between the hours of 8:00 a.m. and 5:00 p.m. Sincerely, C 11 "Y14 P.O. Box 1504 78-495 CALLE TAMPICo LA UINTA, CAL1FURNIA 92253 � ATTACHMENT #8 ATOT11CIF (760) 71 7-; 0 FAX (760) 771-71 NT� �iV -SI'�3�E January 30, 2003 Donald Cross Patricia Cross 78570 Saguaro Road La Ouinta, California °2253 Dear Owner(s): RE: 78570 Saguaro Read Parcel #646-312-044 Case # 7397 & # 7398 Ouicer: J. Misuraca THIS NOTICE is hereby submitted to you as owner(s) of the above referenced property A recent inspection of your property revealed conditions in violation of the La Quinta Municipal Code. You are required to correct these violations within TWENTY-ONE (21) DAYS from the date of this notice. Your property will be re -inspected to verify compliance after the twenty-one (21) day time frame has lapsed. NOTICE OF VIOLATION Case # 7397 & # 7398 -- January 30, 2003 Page 2 of 3 SEE ATTACHED INSPECTION REPORT FOR VIOLATION(S) AND CORRECTIVE ACTION REQUIRED. Failure to correct the listed violation(s) within the time frame. indicated may result in the City initiating abatement proceedings and/or criminal prosecution to correct the violation(s). if the City is forced to proceed with the abatement proceedings, the owner(s) of record may incur the direct costs of the abatement. Also; any additional costs assessed due to possible judicial process. In addition to the above referenced costs, all contractor abatement costs plus an additional 25% will he charged to the property owner(s) as a lien upon the property and shall become the personal obligation of the owner(s) of record. You are entitled to appeal the determination that a public nuisance exists to the planning commission. Within ten (10) days from the date of personal service, posting or mailing the notice of public nuisance, the appeal shall be in writing and filed with the city clerk. By acting immediately to correct the violation(s) referenced, you will avoid these and any future costs. If you have any questions, please contact J. Misuraca at (760) 777-7021. Please provide the complaint number (#7397 & #7398) and the property address. Your assistance in supporting the Code Compliance Department to maintain the safety and appearance of our city is greatly appreciated. You may contact me at the above referenced phone number if you require assistance. Compliance Officer CC: NOTICE OF CODE VIOLATIONS PUBLIC NUISANCES CASE NUMBER: 7397 Location: Front yard Garden Wall Code Violation: L .Q.M.C. 8.01.060 Permit Required Violation Text: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, ' move, improve, remove, convert or demolish any building or structure, including a swimming pool, spa, or hot tub, or make any installation, alteration, repair, replacement, or remodel any building service equipment, including swimriung pool, spa and hot tub equipment, regulated by this Title, except as specified in Section 301.2.1, or cause the same to be done without first obtaining a separate, appropriate permit for each building, structure or service equipment from the Building Official. Correction: Acquire construction permit for front yard warden wall. Reinspection Date: February 20, 2003 PUBLIC NUISANCES CASE NUMBER: 7398 Location: Veh«'.'es parked!stored in driveway. Vt.l V. Code Violation: L.Q.M.C. 11.80.090 (B) Registration Violation Text: Vehicles located on private property which are in public :view that are not registered with the Department of Motor Vehicles will be deemed as being stored. Correction: Remove the vehicles from public view or acquire current registration from the Department o MMotor Vehicles (a non -operational permit still means the vehicle is stored). Reinspection Date: February20, 2003 ft'A ............. . . ........ A Ar ATTACHMENT #9 RECEIVfO 2003 FEB I I PM 4: 52 CIrYcirY OF LA owNTA cl�� �:i1�J 1S'S .OFFICE ATTACHMENT #10 Survey of Coachella Valley Building Departments March 26, 2003 1. Does your City have a published standard for building a 5'-high, wood fzame/plastered garden wall with concrete -embedded support posts? 2. What is required to build this type of structure? Palm Springs (John Shoemaker) - yes; published standard faxed Cathedral City (Billy Johnson) - No; had an "unofficial drawing some years ago, but found that in this climate, the wood just did not survive; would require engineering if applied for today Rancho Mirage (Steve Buchanan) - No; this structure is considered to be a. fence, rather than a wall, and a permit is not required; would be allowed contingent upon Planning Department approval of.materials and location; some built with engineered designs, some without Palm Desert (Ben Godfrey) - No; would ask for engineering as a "specialty wall" Indian Wells (Jim Johnson) - No; no engineering required, but plywood bracing and footing width same as a masonry wall required Indio (Kay Menifee) - No; plan check required (by resident civil engineer or outside agency); plan checker would dFtermine whether a design was required. Mar 26 2003 9:17 City of Palm Springs T ATTACHMENT #11 _ u 4 1 I goon n;>M=.��.�.r _ � .;_r � _ .. _• - ' •�.� •-�, `Y' .. td `��! if `( .t:-[ .r die::.... ���•� � .ys sr• aq ATTACHMENT #3 ; Y .a MAX I � N ( ( . rl.y WU L- % Y 1r2-a Di GINL(LQ£rE. _CTMM WkLL i I I I I FcoTlK6 t trYDEiL 6RAr G I I , E I ; ATTACHMENT #1 2 Young Engineering Services 77-804 Wildcat Drive, Swte C. Palm Desert, CA 92211 Tel: (760) 3....... .... _-_ - • -- April 1, 2003 Tom Hartung Building Official City of La Quinta Re: Wood Garden Wall Standard. Dear Tom: You had requested that our firm give you a written professional opinion regarding the city's development of a wood garden wall Standard as an alternate to the current block garden wall standard. Although the code does not prohibit the design or construction of such a wall out of wood it is nonetheless governed by the code and would need to comply with all structural and non-structural provisions. It is our o:)inion that this type ofwall would have a much shorter life and may require much more mainter. ance during its life than would a block wall. In over 15 years of designing and plan reviewir g we have only been requested to plan review this type of wall once. This suggests that there is not a great demand for this type of structure. Standards are generally developed for structures in high demand such as block retaining and garden walls. My concern is that the city is providing essentially free engineering and accepting some inherent responsibility for an uncommon structure with questionable long-term performance. It is our strong opinion that the city not deve op such a standard. If an applicant wants this type of fencing then it should occur via the normal c esign, plan review, and permit process. Sincerel Je y B. Y ung SE \ J 60 39Vd 3S 9NI?i33NI)N3 JNn0A 61L909E09L 0Z:ZI E00Z/I000 PLANNING COMMISSION STAFF REPORT DATE: APRIL 8, 2003 REQUEST: REVIEW DRAFT LIGHTING "DARK SKY" ORDINANCE LOCATION: CITY-WIDE APPLICANT: CITY OF LA QUINTA BACKGROUND: Attached is the draft Lighting Ordinance for the Planning Commission's review. The draft ordinance has modified the existing Ordinance in an effort to provide more efficient and less intense lighting. Some of the proposed changes include: 1. Lighting "zones". The draft ordinance divides the City into various lighting zones with corresponding lighting requirements. 2. Curfews. Developments within certain lighting zones would be required to reduce lighting levels during nighttime period. 3. Lighting Standards. The draft ordinance proposes to modify certain lighting provisions such as shielding requirements, pole height limits, and lighting intensities. There are no recommendations requested by staff at this time. This information is provided for consideration and discussion purposes only. The Planning Commission can provide staff with direction. If changes are recommended to be made to the draft Lighting Ordinance those changes would be brought back at a public hearing and would ultimately require City Council approval. RECOMMENDATION: Staff recommends the Planning Commission review the draft Lighting Ordinance and provide staff with the appropriate recommendation PAOSCAR\ZOA 02-074\LIGHTORDINTROPC.WPD.DOC Prepared and Submitted by: Oscar Orci, Planning Manager Attachments: 1. Draft Lighting Ordinance P:\OSCAR\ZOA 02-074\LIGHTORDINTROPC.WPD.DOC City of La Quints Proposed Revised Outdoor Lighting Regulations Third Review Draft November 12, 2002 Prepared by James R. Benya, PE, FIES, IALD, LC Benya Lighting Design CITY OF LA QUINTA 0 2 OUTDOOR *TING REGULATIONS Section 9.60.150 is hereby modified as follows: (B) (3.) Lighting. Game court lighting for residences shall conform to the requirements of Section 9.60.160, Residential Outdoor Lighting. Section 9.60.160 is hereby modified as follows 9.60.160 Residential Outdoor Lighting Outdoor lighting for high rise residential land uses and for low rise residential land uses Of more than 8 units shall comply with Section 9.100.150, Commercial Outdoor Lighting. Outdoor lighting for all single family detached, single family attached, duplex, triplex, and any multi family bulding containing seven units or less, including lighting under canopies or covers, shall conform to the following requirements: 1. Exempt lighting: the following luminaires and lighting systems are exempt from the requirements of this section: a. Lighting in swimming pools and other water features governed by or Article 680 of the National Electrical Code. b. Exit signs and other illumination required by building codes. C. Temporary lighting provided that individual lamps are 7 watts or less. d. Lighting required and regulated by any federal agency, or State agency, or county, or city. 2. Shielding See Exhibit A. Luminaires rated over 50 watts shall be fully shielded to prevent the emitting of light in any direction above the horizontal plane. Luminaires 50 watts and less shall be shielded to prevent view from an adjacent property of the light source directly or through the cover or lens. Luminaires rated 20 watts or less may be unshielded. Exception: an uplight luminaire may be installed under a canopy, cover or soffit provided that light from the luminaire is contained and reflected downward. 3. Maximum wattage The maximum rated lamp watts for any luminaire shall not exceed 150. 4. Mounting Height Building mounted luminaires shall be installed below the eave line or below the top of the wall if there are no eaves. Pole or fence mounted decorative luminaires and landscape luminaires shall be located no more than eight feet above grade. Exception: Landscape lighting attached to trees and sports court luminaires shall not exceed eighteen feet (18') mounting height above the finished grade or court surface. 5. Sports Courts: No more than eight (8) luminaires shall be permitted per court. A permanently installed time switch shall be provided to extinguish court lighting at 10: 00PM. Operation of court lights after 10:00PM is not permitted. November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT CITY OF LA QUINTA 10 3 OUTDOOR *TING REGULATIONS 6. Landscape Lighting Landscape lighting shall meet the following conditions: a. Landscape lighting is defined as any lighting mounted in or onto grade, including well lights, plant uplights, wall lights, planter lights, step lights and walkway lights, and lighting mounted onto landscape structures. b. Only low voltage landscape lighting may be used. C. Maximum rated luminaire power is 50 watts. d. Lights shall be shielded or aimed to prevent light trespass onto adjacent properties. Section 9 100.150 is hereby modified as follows : 9.100.150 Outdoor Lighting Outdoor lighting for all commercial lighting, including industrial, institutional, hotel/motel, resort, clubhouse, and other non residential uses and any multi -family building containing more than 7 units, including lighting under canopies or covers, shall conform to the following requirements: A. Purpose The overriding purpose of this Section is to provide standards for outdoor illumination that will: 1. Permit appropriate lighting for night-time safety, utility, security and productivity by meeting standards and recommendations of the Illuminating Engineering Society of North America (IESNA); 2. Curtail and reverse the degradation of the night sky and night visual environment by minimizing light pollution, glare, and light trespass; 3. Conserve energy and resources to the greatest extent possible, principally by not providing lighting in excess of IESNA recommendations and standards; 4. Permit reasonable uses of lighting for enjoyment and commerce including temporary lighting, seasonal lighting and the use of commercial lighting systems during business hours; S. Help protect the natural environment from the damaging effects of night lighting from man-made sources. B. Applicability 1. New Uses, Major Additions or Modifications. The requirements of this Section apply to any and all new structures and additions to land uses, developments, buildings, or structures. If an addition occurs on a property, the entire property shall comply with the requirements of this Section. For purposes of this Section, the following are considered to be major additions: November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT CITY OF LA QUINTA 0 4 OUTDOOR *TING REGULATIONS a. Additions of 50 percent or more in terms of additional dwelling units, gross floor area, seating capacity, or parking spaces, with a single addition 2. Repair or Replacement of Existing Lighting When existing lighting equipment requires any repairs other than relamping, it shall be modified or replaced so as to comply with the shielding requirements of this Section. A replacement luminaire shall not increase the wattage of the original luminaire. C. Definitions Aerial lighting Area being illuminated A lighting system that projects light into the sky, as a searchlight. As viewed in plan, the area on the grade or surface within three mounting heights from the lighting system in question, except as interrupted by a structure, significant change in topography, or change of use. Areas being illuminated by more than one luminaire may only be counted once and for one application. Candlepower diagram A polar curve depicting the candlepower radiating from a specific luminaire, taken in a specific plane. A series of candlepower diagrams are generally needed to completely describe the radiation of most luminaire types. Candlepower The measure of luminous intensity, given in candela, which are equal to lumens per steradian. Certified Lighting Professional A person holding one or more of the following credentials: (a) Professional Electrical Engineer (b) Professional Member of the International Association of Lighting Designers; (c) Fellow of the Illuminating Engineering Society of North America; (d) person Lighting Certified by the National Council on Qualification for the Lighting Professions. Curfew The time after which lighting shall be extinguished or reduced each night. Pre - curfew is the time between dusk and curfew; post curfew is the time between curfew and dawn. November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT • CITY OF LA QUINTA 5 OUTDOOR LIIPTING REGULATIONS Cutoff A characteristic of a luminaire that describes angles at which the luminaire shields or otherwise prevents radiation of light. Related to shielding Essential Lighting Lighting that is necessary for safety, security or other approved use and is operated continuously from dusk to dawn or other predetermined period. Floodlight A luminaire having a directional distribution and intended to be aimed or adjusted. Very intense lighting A luminaire or light source exceeding 2 million candela in any direction and/or 200, 000 source lumens. IESNA The Illuminating Engineering Society of North America. Lighting Zone Based on ambient light and other factors, the lighting zone of the site determines the amount of light, including light pollution and light trespass that is permitted. Lighting System One or more luminaires Light pollution Light generated and emitted into the sky without being absorbed on the originating site. Light trespass Offensive or unwanted light generated and emitted onto an adjacent property from the originating site. Low -voltage landscape lighting Lighting systems powered at 15 volts or less and suitable for landscape lighting by listing. Lumens The measure of radiant power emitted by a light source, as correlated to V, (human photopic spectral response). Electric lamps are rated in lumens. Luminaire A device which includes an electric lamp, lampholder, reflector, lens, ballast, and/or other components and accessories. Also known as "light fixture ". Luminous efficacy The measure of the efficiency of converting electric energy to lumens of light, given in lumens per watt. November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT CITY OF LA QUINTA • 6 OUTDOOR LIiTING REGULATIONS Non -Essential Lighting Lighting that serves an intended purpose but can be extinguished after the purpose has been served, e.g. lighting for a business sign is considered non -essential because it can be extinguished at the conclusion of business. Recognized Lighting Computer Program A point -by -point lighting program utilizing IESNA standard luminaire files that computes the illumination levels (footcandles or lux) on surfaces according to IESNA standards. Temporary lighting Lighting installed used temporary wiring and operated for less than 60 days in any calendar year. Uplight A luminaire generally mounted in or on the ground, and specifically intended to illuminate trees or other plantings, buildings, flags, or other structure or element requiring the luminaire to be aimed above the horizontal plane. Watts The measure of electric power consumed by an electric load such as a lamp. The watts of a lamp do not directly address the amount of light emitted by it. For the purpose of this Section, lamp watts shall be the rated lamp watts, not including the additional load of a ballast or transformer. Fully Shielded A light distribution designation for a luminaire that has no light intensity emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity emitted at an angle 10 degrees below that horizontal plane, in all directions around the fixture. See Exhibit "A ". Shielded A light distribution designation for a luminaire that has no more than 2.5% of the lamp's light intensity emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity emitted at an angle 10 degrees below that horizontal plane, in all November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT CITY OF LA QUINTA 10 7 OUTDOOR *TING REGULATIONS directions around the fixture. See Exhibit "A ", Semi -shielded A light distribution designation for a luminaire that has no more than S% of the lamp's light intensity emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 20% of the lamp's light intensity emitted at an angle 10 degrees below that horizontal plane, in all directions around the fixture. See Exhibit "A " Unshielded Luminaires that are unshielded or partially shielded for which there are no prescribed light intensity limitations. See Exhibit "A ". D. Regulations 1. Conformance with Applicable Codes All outdoor illuminating devices shall be installed in conformance with the provisions of this Section, the Building Code, the Electrical Code, and the Sign Ordinance as applicable and under appropriate permit and inspection. 2. Exempt Lighting The following luminaires and lighting systems are EXEMPT from these requirements. a) Production lighting for theatrical, television, spectator sports and performance areas provided that the lighting is temporary lighting. b) Soffit or wall -mounted luminaires rated 150 watts or less and permanently attached to dwellings (including multi family residences) not to exceed 20 feet above the adjacent grade. c) Lighting in swimming pools and other water features governed by Article 680 of the National Electrical Code. d) Exit signs and other illumination required by building codes. e) Temporary lighting provided that individual lamps are 20 watts or less. 0 Lighting required and regulated by the Federal Aviation Administration, Coast Guard, or other federal or state agency. g) Light generated directly by the combustion of fossil fuels, e.g. gas lamps. h) Lighting on the premises of or owned by government agencies, including the federal government, the State of California, the County of Riverside, or the City of La Quinta. Voluntary compliance with the intent of this section is encouraged. November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT CITY OF LA QUINTA 0 8 OUTDOOR LOITING REGULATIONS 3. Prohibited Lighting The following lighting systems are prohibited from being installed except by special temporary use permit. Existing lighting systems may continue to be operated and relamped, but repairs such as ballast replacement are prohibited. a) Aerial lasers b) Narrow beam xenon are, carbon arc and other "searchlight" style lights c) Other very intense lighting. 4. Shielding Requirements All lighting systems shall comply with the cutoff requirements of Table 1. S. Lamp Wattage Limits All lighting systems shall comply with the limits to lamp watts set forth in Table 2. Exception: Lighting for parking at retail malls, lighting for outdoor retail areas and for industrial sites and areas, provided that they are only used in Lighting Zones 3 or 4 and that luminaires are rated IESNA full cut off. 6. Height Limits Luminaire mounted onto poles or other structures of any kind shall not exceed a mounting height of 40% of the distance of the light from the property line, nor a maximum height according to Table 3, whichever is lower. Mounting height shall be as measured relative to the lowest point of the area being illuminated. Exceptions: a) Lights specifically for driveways, and then only at the intersection to the road providing access to the site, may be mounted at any distance relative to the property line. b) Luminaires mounted onto buildings or structures, provided that the height of the luminaire is not greater than the tallest part of the building or structure. c) Where state or federal law requires it, lighting specifically for ATM machines may be the height permitted for roadway or parking lot lighting and may be located anywhere on the site as needed to meet ATM lighting requirements set by said law. 7. Required Lighting Controls a) Automatic Control All outdoor lighting systems shall employ automatic controls to extinguish lights during daytime. b) Curfew Curfew shall be as follows: (1) LZI, the later of 8: OOPM (2000 hours) or one hour after close of business (2) LZ2, the later of 10: 00 PM (2200 hours) or one hour after close of business November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT CITY OF LA QUINTA • 9 OUTDOOR *TING REGULATIONS (3) LZ3, the later of midnight (2400 hours) or one hour after close of business (4) LZ4, the later of midnight (2400 hours) or one hour after close of business. Lighting systems for non-residential properties shall be extinguished or reduced in power by at least 50% at curfew. Exceptions 1: When there is only one light source. Exception 2: Essential lighting Exception 3: When in the opinion of the City, reduced lighting levels cause unacceptable increased risk and design levels must be maintained. 8. Lighting for Externally Lighted Signs a) Externally lighted signs shall be lighted from the top of the sign downward. Exception 1: signs not taller than 7 feet (2 meters) above grade may be illuminated upwards by landscape lighting. 9. Special Lighting Systems Upon Minor Use permit, lighting systems not fully complying with the foregoing requirements of this section above may be installed for the following applications: • Sports fields • Lighting for Industrial Sites such as transportation facilities and yards or shipping centers • Lighting for Regional Malls and Auto Malls • Lighting for Theme Parks • Floodlighting of building facades • Neon Signs In order to apply for such special permits, applicants shall demonstrate that the proposed lighting installation: a) Is not used within Lighting Zones LZI or LZ2. b) Luminaires are full cut off or employ internal and external shields to prevent extraneous light emissions c) Have made every reasonable effort to mitigate light pollution, including a signed statement from a Lighting Professional describing light pollution and light trespass mitigation measures. Such statement shall be accompanied by computer calculations indicating the light trespass at the property line. d) Comply with all technical requirements of this section after curfew. November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT CITY OF LA QUINTA 10 10 OUTDOOR #TING REGULATIONS Such application shall be reviewed by the City. A permit may be granted if, upon review, the City believes that the proposed lighting will not create unwarranted light pollution or light trespass. E. Enforcement The City shall enforce this Section in the following ways: 1. Determination of Lighting Zones The Zoning Districts shall be used to establish Lighting Zones LZl through LZ4, inclusive, referred to as the City of La Quinta Lighting Plan. These determinations shall be used to establish the lighting zone for each property, project, and specific plan submitted as described below. Upon presentation of sufficient evidence, the City may grant a Specific Plan a lighting zone ranking one zone different in number than the La Quinta City Lighting Plan, but in no case shall a ranking of LZ4 or an increase of lighting zone of more than one be granted without specific approval of the Planning Commission and City Council. 2. Planning and Zoning All planning and zoning including Specific Plans shall comply with this Section. The building inspectors shall require submission of lighting plans for all projects demonstrating compliance with this Section. Projects not complying shall not be permitted. 3. Construction Plan Check The City shall require Submission of Plans and Evidence of Compliance with this Section. The applicant for any permit required by any provision of the laws of this jurisdiction in connection with proposed work involving outdoor lighting fixtures shall submit (as part of the application for permit) evidence that the proposed work will comply with this Section. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be part or in addition to the information required elsewhere in the laws of this jurisdiction upon application for the required permit: (a) Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices; (b) Any project having multiple lighting zones shall submit a lighting plan indicating lighting zone assignments (c) Description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required); (d) Photometric data, such as that furnished by manufacturers, or similar showing the angle of cutoff or light emissions. Photometric data need not be submitted when the full cutoffperformance of the fixture is obvious to the reviewing official. November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT CITY OF LA QUINTA 11 OUTDOOR LIGHTING REGULATIONS The required plans, descriptions, and data shall be sufficiently complete to enable the plans examiner to readily determine whether compliance with the requirements of this Section will be secured. If such plans, descriptions and data cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall additionally submit as evidence of compliance any or all of the following as required: • Certified reports of tests that have been performed and certified by a recognized testing laboratory. • Point -by -point lighting calculations performed using a recognized lighting computer program Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the design professional and building official for his/her approval, together with adequate information to assure compliance with this Section, which must be received prior to substitution. 4. Field Measurements The Authority having jurisdiction may require field verification of proper installation and performance on the basis of measurements that shall be taken by a certified lighting professional. Projects failing to meet performance requirements shall be required to correct the measured deficiencies. Measurements shall be made using a commercial cosine and color corrected meter having an accuracy tolerance ofplus-or-minus five (S) percent or better at 1 lux (0.1 foot-candle). The meter shall have been previously calibrated within one year of the date of the measurement by the manufacturer or by a certified illumination testing laboratory. Light trespass measurements shall be made at the property line of the site in question, with the meter held normal to a line between any light source(s) on the site in question and the meter. The meter may be held at any height. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public street right-of-way that adjoins an adjacent property or at any other location on an adjacent property. Where indicated, a baffle shall be used to prevent stray light from affecting the measurement. S. Alternate material and Methods of Construction/ Operation The provisions of this Section are not intended to prevent the use of any material or method of installation not specifically prescribed, inferred or suggested by this Section provided any such alternate meets its intent and performance requirements. The building official may approve any such alternative provided the findings can be made that the proposed design material or method provides approximate equivalence November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT CITY OF LA QUINTA 0 12 OUTDOOR LWITING REGULATIONS to those specific requirements of this sections or is otherwise satisfactory and complies with the intent of this Section. Any such proposed alternative shall demonstrate control of light pollution and light trespass as follows: a. Light Pollution Lighting shall be designed and implemented to minimize upward emission of stray light. Compliance shall be demonstrated by using a recognized outdoor lighting computer program in which the property is modeled as enclosed on all sides with walls at least 100 feet (30 m) from the nearest light and with a ceiling 100 feet (30 rn) above grade or the tallest structure, whichever is greater. The analysis shall be performed using only direct component (0% reflectivity for all surfaces). A design will be considered in compliance if the maximum light level indicated on any surface above the height of the lighting is less than 0.1 footcandle (1 lux). b. Light trespass Lighting shall be designed and implemented to prevent stray light from falling onto adjacent properties. Compliance shall be demonstrated using a recognized outdoor lighting computer program in which the property is modeled as enclosed on all sides and with a ceiling 100 feet (30 m) above grade or the tallest observation point, whichever is higher. A design will be considered in compliance if the maximum light level indicated on any surface below the height of the lighting is less than the permitted amounts in Table 4. 6. Residential Mitigation and Special Inspection A residential property owner may demand immediate remedy of light trespass at any time. Such demand shall be accompanied by a report from a certified lighting professional that attests to the existence of trespass in excess of the allowed limits for Lighting Zone 3 in table 4. Upon receipt and confirmation of such report, the City inspecting authority shall issue a notice to the owner of the offending lighting system requiring corrective action within 30 days. Failure to act within 30 days shall be an offense that shall bear the penalty and further responsibility of any other building code violation. 7. Temporary Exemptions and Conditional Use Permits a) Aerial Lighting Use With the approval of a minor use permit, searchlights and laser lights may be used. This type of lighting shall comply with the following requirements: (1) Permits shall be issued for grand openings only. A grand opening shall commemorate an initial building project, a change in ownership of an existing business, or remodel/enlargement of over fifty percent of the floor area or a new business in an existing building. (2) The only uses allowed to apply for this permit are: shopping centers with not less than fifty thousand square feet of area; hotel with fifty guest rooms or more; or part of an automall. November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT CITY OF LA QUINTA 10 13 OUTDOOR *TING REGULATIONS b) Other Lighting Uses Other temporary lighting uses including, but not limited to, string lights or holiday seasonal lights employing incandescent lamps 25 watts or less, or temporary display lighting employing projector lamps up to 150 watts shall be permitted for up to sixty (60) days per year in LZ2, LZ3 and LZ4. Permanent use of such lights is prohibited. Such lighting shall be subject to mitigation or removal if it causes light trespass onto residential properties. 8. Appeals To be developed by City. 9. Penalty To be developed by City. F. Law Governing Conflicts To be developed. G. Severab Any provision or part thereof to this Section held to be void or unenforceable shall be deemed stricken, and all remaining provisions shall continue in full force and effect. November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT CITY OF LA QUINTA is 14 OUTDOOR LIPTING REGULATIONS H. Tables and Charts Table 1— Cut Off Requirements for All Lighting Except Signs Lighting Required to Required to be Required to be Not restricted Zone be Fully Shielded or Semi Shielded, Shielded Fully Shielded Shielded or Fully Shielded LZI Any luminaire Any luminaire 10 None None over 10 watts watts or less LZ2 Any luminaire Any luminaire Any luminaire 50 Low voltage landscape lighting over 100 watts over 50 watts watts or less except those not restricted LZ3 Any luminaire Any luminaire Any luminaire 50 Landscape and faVade lighting over 150 watts over 50 watts watts or less except 150 watts or less those not restricted LZ4 Any luminaire Any luminaire Any luminaire 150 Landscape and faVade lighting over 250 watts over 150 watts watts or less except 150 watts or less; ornamental those not restricted street lights 100 watts and lower; marquee lighting not employing medium based lamps Table 2 — Wattage Limits for All Luminaires (except exempt lighting) Lighting Zone Maximum Lamp Watts LZl 70 LZ2 150 ]LZ3 250 LZ4 400 Table 3- Maximum Lighting Mounting Height in feet Lighting Zone Lighting for Roads, Lighting for Walkways, All Other Driveways, Parking Plazas and Pedestrian Lighting and Transit Areas LZ1 18 8 4.5 LZ2 18 12 8 LZ3 35 16 12 LZ4 50 16 12 November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT CITY OF LA QUINTA • 15 OUTDOOR *TING REGULATIONS Table 4 - Light Pollution and Light Trespass Limits in FC (lux) Lighting Zone Light Light Light Trespass Light Trespass Pollution Pollution Limits: Limits: maximum Limits: Limits: maximum illumination from a maximum maximum illumination single source* at illumination illumination from a single property line post - level on inside level on inside source* at curfew surface of surface of property line simulated simulated pre -curfew enclosure pre- enclosure curfew ost-cur ew LZI 0.1 (1.0) .01 (0.1) 0.1 (1.0) .01 (0.1) ESA High LZ2 0.2 (2.0) 0.1 (1.0) 0.4 (4.0) 0.1 (1.0) ESA Moderate and Moderately Low LZ3 0.4 (4.0) 0.2 (2.0) 0.8 (8.0) 0.2 (2.0) ESA Low LZ4 0.8 (8.0) 0.4 (4.0) 1.6 (16.0) 0.4 (4.0) ESA Low * measurements taken using a 4.5 " long, 1.75 " diameter thin wall black tube baffle atop the meter's photoelectric cell aperture so as to prevent stray light from other sources from affecting the measurement. November 12, 2002 DO NOT CITE OR QUOTE THIRD REVIEW DRAFT