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1998 04 14 PCJ OF 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 14, 1998 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 98-011 Beginning Minute Motion 98-005 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 for March 10, 1998, and March 24, 1998 B. Department Report PC/AGENDA V. PUBLIC HEARINGS: A. Item ............................ Applicant ..................., Location ..................... Request ......................, Action ....................... B. Item ........................... Applicant .................... Location ..................... Request ....................... Action ......................... C. Item ............................ Applicant .................... Location ..................... Request ...................... Action ......................... D. Item ............................ Applicant .................... Location ..................... Request ....................... Action ......................... PC/AGENDA ENVIRONMENTAL ASSESSMENT 98-355 ANI CONDITIONAL USE PERMIT 98-039 Kathryn Carlson, D.V.M. 78-895 Avenida Montezuma Consideration and approval to allow a small -animal veterinm clinic with a second floor residence within a historic structure, listed as a Historic Resource in the City's General Plan Resolution 98- and Resolution 98- ENVIRONMENTAL ASSESSMENT 91-494, ADDENDUM #1 & TENTATIVE TRACT 26855, TIME EXTENSION #1 Sumbad and Sharron Kanlian East side of Jefferson Street approximately 500 feet south of 50" Avenue Consideration and recommendation to the City Council of a first time extension on the approval of a tentative tract map to create 73 single family lots on 23± acres in the RL Zoning District Resolution 98- and Resolution 98- ENVIRONMENTAL ASSESSMENT 91-193, ADDENDUM #1 & TENTATIVE TRACT 26718, TIME EXTENSION #1 Walter Hansch East side of Jefferson Street approximately 1,650 feet south of 50'h Avenue Consideration and recommendation to the City Council of a time extension on the approval of a tentative tract map to create 125 single family lots on 39± acres in the RL Zoning District Resolution 98- and Resolution 98- SITE DEVELOPMENT PERMIT 98-621 Peters -Hover Company On portions of Liga, Pomo, Cetrino, Cidra, and Baya Streets in the Citrus Country Club Consideration and approval of a compatibility review approval to allow new prototype single family houses in Tract 24890-6 and 28719 ranging in size from 2,424 square feet to 3,869 square feet under Specific Plan 85-006 Resolution 98- E. Item ......................... Applicant .................... Location ..................... Request ....................... Action......................... F. Item ............................ Applicant .................... Location ..................... Request ....................... Action ...................... VI. BUSINESS ITEMS: None ENVIRONMENTAL ASSESSMENT 98-353, REPEAL Ol SPECIFIC PLAN 87-009, VILLAGE AT LA QUINTA ZONING CODE AMENDMENT 98-060, CHANGE O] ZONE 98-085, AND DESIGN REVIEW GUIDELINES City of La Quinta The area is generally bounded by Eisenhower Drive. 52' Avenue, Desert Club Drive and the La Quinta Evacuatio Channel. Consideration and recommendation to the City Council to Repez the Village at La Quinta Specific Plan, and replacing it wit Design Review Guidelines and revised "Village Commercial Zoning text. Rezoning of the "Village Residential" area east c Desert Club Drive from Village Residential to Low Densit Residential Request to continue. ZONING CODE AMENDMENT 97-061 City of La Quinta City-wide Consideration of miscellaneous amendments to Title 9-Zonin Code of the La Quinta Municipal Code Resolution 98- VII. CORRESPONDENCE AND WRITTEN MATERIAL VIII. COMMISSIONER ITEMS A. Commission report on the City Council meetings of March 3, 1998. IX. ADJOURNMENT PC/AGENDA MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 10, 1998 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:03 P.M. by Chairman Butler who asked Commissioner Seaton to lead the flag salute. B. Chairman Butler requested the roll call: Present: Commissioners Abels, Gardner, Kirk, Seaton, Tyler, Woodard and Chairman Butler. C. Staff present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Planning Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planner Stan Sawa, and Associate Planner Wallace Nesbit. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed. IV. PRESENTATION: A. Chairman Butler presented a resolution to past Planning Commissioner Elwin Newkirk in appreciation of his time served as a Planning Commissioner. It was moved and seconded by Commissioners Abels/Gardner to adopt Planning Commission Resolution 98-008 in recognition of Mr. Newkirk's service to the City of La Quinta. IV. CONSENT CALENDAR: A. Chairman Butler asked if there were any changes to the Minutes of February 24, 1998. Commissioner Tyler asked that the minutes be clarified on Page 7, Item 29 to state "City Council" Minutes. Commissioner Seaton noted a spelling error on Page 2, Item 4, the word "effect" was to be corrected. Commissioner Woodard asked that Page 6, Item 23, be corrected by changing the word "worse" to "hampered". He also noted Page 9, Item 4 should be changed from "one percent grade" to "20%". There being no other corrections, it was moved and seconded by Commissioners Abels/Seaton to approve the minutes as corrected. Unanimously approved. PC-3-10-98 I Planning Commission Meeting March 10, 1998 IV. PUBLIC HEARINGS A. Village on the Green - Environmental Assessment 97-349 Specific Plan 97-031, General Plan Amendment 97-055 Tentative Tract 28601 and Site Development Permit 97-618; a request of Catellus Residential Group and the La Quinta Redevelopment Agency for approval and recommendation to the City Council for certification of a Mitigated Negative Declaration of Environmental Impact, approval and recommendation of a Specific Plan, General Plan Amendment, Tentative Tract, and Site Development Permit for a 26 acre, 86 family residential lot subdivision, and 118 senior apartments with recreational amenities on ten acres, reduce several street widths from the General Plan required 36-feet to 28- and 32-feet at the northwest corner of Jefferson Street and 48t' Avenue. The project is affordable from very low through moderate income levels. Staff noted this item was being taken off the agenda and would be re - advertised for a new public hearing. B. Specific Plan 96-028, Amendment #1 and Site Development Permit 96-059, Amendment #1; a request of Lapis Energy/Allstate Self Storage for amendments to existing approvals to allow an increase in approved floor area for a self storage facility, from approximately 67,000 square feet to 91,000 square feet and to allow minor architectural, material, and color changes for new tenancies and other additions to the project. Chairman Butler opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Abels asked the height of the gas tanks. Staff noted they would be installed vertically and would be approximately three or four feet in height, but the applicant would know exactly. Commissioner Seaton asked what material was to be used on the roof. Staff stated it would be metal and explained the construction. 4. Commissioner Woodard asked if a wall would be installed at the property line to hide the tanks from the adjacent property owner. Staff stated there would be no wall and went on to explain the site plan. Commissioner Woodard asked if anything would hide the view of the tanks. Staff noted only the landscaping after it matured. PC-3-10-98 2 Planning Commission Meeting March 10, 1998 5. Commissioner Woodard stated the managers unit had been changed and he preferred the original plan. Staff explained the developer had changed architects and the design had changed. 6. Commissioner Woodard noted that other changes such as the setback and undulation between the buildings had also been changed. He then asked staff what the original square footage was of the project. Staff stated it had increased from 66,810 square feet to 90,936 square feet, or an increase of 30%. Commissioner Woodard noted that the wall openings on the street had been removed and the building area had been increased. Staff noted this was the reason for reducing the east property line setbacks and reducing the extent of the staggers that were shown. 7. Commissioner Woodard commented on the new drawing for the manager's unit and noted all of the elevations did not appear to be included in his packet. It is difficult for the Commission to evaluate a project when all the elevations are not presented. Staff stated that in the past, since the interior portion of the project did not open up to anything except the storage unit, it was not necessary to show this elevation. The south elevation is obscured by Building "E" and the north elevation is included. Commissioner Woodard noted that for future reference he would like the Commission to have the revisions drawn to scale of all elevations. 8. Commissioner Woodard asked about the original Mobile/Mini-Mart design that had a canopy on the side facing Dune Palms Road. Staff noted the last amendment changed the layout of Parcel 1. A trellis is no longer shown as this is no longer a delivery area. Commissioner Woodard asked if the west elevation faced Dune Palms Road. He commented that this elevation, facing a main street, is now a monolithic block with two small sloping roofs on each side, with no window openings and no change in the roof pattern. 9. Commissioner Gardner asked if the southerly exposure would be adjacent to the Desert Sands Unified School District. Staff stated this was true and they would share a rear access for the fueling of the school buses. 10. Commissioner Gardner noted that on both ends of the project, there appeared to be a large access for the Fire Department between Buildings "E" and "F". Staff noted that on the west side of the property there is a secondary access onto Dune Palms Road. The main entry is on the north side adjacent to the parking area. Commissioner Gardner stated there appeared to be very little access. PC-3-10-98 3 Planning Commission Meeting March 10, 1998 11. Commissioner Woodard asked if the fire gate was a solid gate. Staff noted it would be similar to the customer's gate. The applicant had been conditioned to make it consistent with the project entry gate. 12. Commissioner Woodard stated he was concerned that it was not known where the retention area would be located. Staff stated the retention area would be located at the far south end. Building "F" was shifted off the property line and the retention basin would surround the semi -circular drive access to the facility. Commissioner Woodard noted that the back wall of Building "F" would be about two feet below the pad to accommodate the depression of the retention area. Staff stated the Engineering Department would have to address this question. Senior Engineer Steve Speer stated that according to the plans this was true. 13. Commissioner Kirk noted that on the plans there was a cross section showing the relationship between Building "F" and the retaining wall/retention basin. 14. Commissioner Kirk asked if the daylight portion of the plans showed the daylight extending offsite to the east of the fueling parcel. Senior Engineer Steve Speer stated the grading does go back onto the adjacent property and the applicant would have to obtain a letter giving authorization from the adjacent property owner before they would be allowed to do this. 15. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Bruce Jordan, architect for the self storage facility, stated he would confine his comments to the storage area only. He went on to explain the history of the project and how they had arrived at these building elevations. The major change was to enclose the open recreational vehicle storage area. This increased the scope and size of the project to over 90,000 square feet. On Dune Palms Road they increased the setback to a 20-foot minimum and increased the off -sets. Most of the off -sets are four feet laterally. The changes made were due to concerns that were raised by the Commission specifically removing the retention basins and replacing them with berms along Dune Palms Road. They did redesign the manager's office to address security problems and the manager's view of the storage area. In addition, the building on the east property line was moved to a zero setback. This was to solve a maintenance problem and prevent littering. The Fire Department access came in at the.last moment and the Fire Department has approved the layout. PC-3-10-98 4 Planning Commission Meeting March 10, 1998 16. Commissioner Tyler asked how many storage units would be left after the redesign. Mr. Jordan stated that due to the redesign of the RV storage area, they did not know exactly how many spaces they would have, but it is approximately the same. 17. Commissioner Woodard stated that when the applicant had first brought this project to the Commission, the Commission was in the middle of a rewriting of the Zoning Code regarding recreational vehicles. Discussion followed regarding the original design of the buildings and the retention basins. 18. Commissioner Woodard stated he had a problem with the roof line of the manager's unit. Mr. Jordan stated they would be willing to re -look at the design if they could get a conceptual approval to be able to move forward with the project. 19. Commissioner Woodard asked why they eliminated all the building openings along Dune Palms Road. Mr. Jordan stated that from their position, the view from the street has not changed. Commissioner Woodard asked why the wall could not be broken up. Mr. Jordan stated that if you started at one end of the project and walked through all of the offsets, the offsets would match the original ones with the exception at Dune Palms Road which increased the setback five feet for additional landscaping. The degree, or differential, in the offset from the maximum to the narrowest point of the building has remained the same with the exception that the starting point is further back. It was their opinion that the slots, that are the connections between the buildings, has not changed. 20. Commissioner Woodard stated that to the right of the manager's unit, there were two areas where, if the bay were removed and ten feet of interruption were installed, that as you drive down Dune Palms Road, you would have a sense of individual buildings. Mr. Jordan stated they would have no objection to changing the design to accommodate this. Chairman Butler asked if this would create a security situation. Mr. Jordan explained the separation would be a common wall between structures. Further discussion ensued. 21. Commissioner Gardner asked if the Commission was approving a plan that would accommodate recreational vehicles as the plans did not appear to show this. Mr. Jordan stated the design was to allow them to meet market demand. The demand will dictate the size of their RV storage area. Commissioner Gardner stated his concern was that the plan does not show this. Community Development Director Jerry Herman stated the Commission was not approving the interior design of the building, only the architectural elevations and the configuration of the buildings. PC-3-10-98 5 Planning Commission Meeting March 10, 1998 22. Commissioner Kirk stated he understood the design had changed to make it more functional. Mr. Jordan stated the buildings were originally broken into small pieces and this created a tremendous cost and did not serve any purpose. A long linear building is more functional and not as costly. 23. Commissioner Kirk asked whether Building "B", if placed at the zero lot line, would have any affect on the adjacent property owner. Planning Manager Christine di Iorio noted that the Zoning Code allows zero lot lines. Commissioner Kirk asked if staff had any concerns about the rear of this building. Staff stated it did not. 24. Mr. Jordan stated that in regard to the question about the daylight line, he wanted the Commission to know he had obtained a Letter of Agreement from the adjoining property owner. 25. Chairman Butler stated he would like to see more indentation on the west facing wall to create a different view line. On the retention basin, where Building "F" appears to need a two or three foot footing below grade; will this create a problem? Mr. Jordan stated that in discussing this with the engineers, they stated it would be no problem. Discussion followed regarding the water that would flow into the retention basin. 26. Commissioner Woodard asked if staff approved of the landscaping plan. Staff noted the added conditions that must be met by the applicant before the landscaping could be approved. 27. Associate Planner Wallace Nesbit displayed the exterior colors to be used on the project and discussion followed. 28. Chairman Butler asked if the applicant for Lapis Energy would like to address the Commission. Mr. Dale Leopard stated he was available to answer questions. 29. Commissioner Tyler noted that the north and south elevations were drawn incorrectly and asked why they were proposing to remove the hip roof. Mr. Leopard stated it was changed due to structural reasons and to match the Mobil facility, decor. Discussion followed regarding the changes. 30. Commissioner Tyler asked why the trellis was taken off the west wall to create the large monolithic wall. Mr. Leopard stated they could add it back to the wall. PC-3-10-98 6 Planning Commission Meeting March 10, 1998 31. Commissioner Tyler stated he did not like having such a plain structure next to the new school district buildings. Mr. Leopard explained why the structure had been designed in this manner. 32. Commissioner Seaton asked if Desert Sands Unified School District had any input into the design of the plans. Mr. Leopard stated they had a joint access for the school buses and they had approved the plan. 33. Commissioner Seaton asked if there were any safety issues in regard to the fueling. Mr. Leopard stated they had a similar system at the previous school site and explained the safety procedures. 34. Commissioner Woodard stated that in regard to the revisions to the Mobil/Mini-Mart building he would not accept the big, blank wall without sloped roofs. Mr. Leopard stated the roof design was in the original plans. Commissioner Woodard noted that the original plan also had a better elevation. Discussion followed regarding alternatives to soften the elevation. Mr. Leopard stated he would go back to the original design with the windows and trellis on the west elevation. 35. Commissioner Woodard stated his concern with Parcel 4 was that the two metal shed roofs at the outer end were unattractive and asked if the applicant had any suggestions. Mr. Leopard stated the metal would not be seen as it is an overhang. Mr. Jordan stated they could use landscaping to hide it. 36. Commissioner Abels asked for clarification on the siting of the CNG tanks and whether any noise would be associated with the compressors. Mr. Leopard stated there would be none. 37. Commissioner Woodard stated that the original site plan had an art piece and asked where it would be placed. Staff stated it would be located in a large landscape planter area behind the Mini -Mart in Parcel 2. 38. There being no further public comment, Chairman Butler closed the public comment portion of the hearing. 39. Commissioner Kirk stated he supported staff s recommendation with the requirement of adding more horizontal/vertical articulation to the storage units on the Mobil facility; some sort of architectural treatment was needed on the west elevation. In regard to the Lapis site, minor landscaping for the CNG gas facility was needed. He would be comfortable allowing staff to monitor these changes. PC-3-10-98 7 Planning Commission Meeting March 10, 1998 40. Commissioner Gardner stated his major concern was the building on the west elevation. 41. Commissioner Abels stated he concurred with Commissioners Woodard and Kirk. 42. Chairman Butler stated he would like to have staff determine where the indentations should be placed, so the applicant is aware of what is being asked of him. Planning Manager Christine di Iorio suggested adding a Condition #85 to require additional articulation be added along the west elevation of the storage facility to be approved by the Community Development Director prior to issuance of a building permit. Condition #86 be added to require a window and trellis treatment be added to the west elevation of the Mini -Mart adjacent to Dune Palms Road prior to issuance of a building permit. Chairman Butler stated the applicant had agreed to go back to the original drawing which had additional articulation. Discussion followed as to what was originally approved. It was determined that the roof would have to be re -designed in addition to the window and trellis being added and reviewed by staff. Condition #87 would require additional landscaping to the perimeter of the fueling facility pad area. Commissioner Woodard asked that the applicant be required to redesign the roof silhouette of the manager's unit. 43. Commissioner Seaton had no further comment and concurred with the other Commissioners. 44. Commissioner Tyler stated he thought the quality of the project had deteriorated and noted changes that needed to be made to the staff report and Conditions of Approval to add consistency and clarity: a. Add "as amended" to Condition #1 of the Specific Plan 96-028. b. Revise the landscaping plans to show emergency fire access. C. Use consistent reference to the fire access d. Condition #83 needs to clarity what it is to be east of. e. Clarify that the signs as shown on the plans are approved at this time. 45. Chainnan Butler stated the only other condition is to require a roof over the gas pumps. Staff asked if the Commission wanted a full pitched roof over the pumps. Chairman Butler stated yes. PC-3-10-98 8 Planning Commission Meeting March 10, 1998 46. Planning Manager Christine di Iorio stated the Engineering Department was asking that a condition be added requiring the applicant to secure written permission from the adjacent property owners for the proposed off -site grading work prior to obtaining the grading permit. 47. Commissioner Kirk stated he would like to request that the Mobil Oil facility come back to the Commission for their approval. Chairman Butler asked if the two issues could be separated. Staff stated Condition #89 and #86 could be re -worded to state, "subject to Planning Commission approval". 46. It was moved and seconded by Commissioners Abels/Gardner to recommend to the City Council approval of Specific Plan 96-028, Amendment #1, subject to the amended Conditions of Approval, by adoption of Planning Commission Resolution 98-009. ROLL CALL: AYES: Commissioners Abels, Gardner, Kirk, Seaton, Tyler, Woodard, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 47. It was moved and seconded by Commissioners Abels/Tyler to recommend approval of Site Development Permit 96-590, Amendment #1 to the City Council, subject to the amended Conditions of Approval by adoption of Planning Commission Resolution 98-010. ROLL CALL: AYES: Commissioners Abels, Gardner, Kirk, Seaton, Tyler, Woodard, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. C. Site Development Permit 98-619; a request of the RJT Development for a compatibility approval to allow six new prototype single family houses within Tract 25389 ranging in size from 2,180 square feet to 2,610 square feet under Specific Plan 83-001. Chairman Butler opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Senior Engineer Steve Speer explained the only residential access to the site is currently off Park Avenue. A temporary construction entrance is located near the 90-degree turn at Park Avenue and Calle Tampico and the PC-3-10-98 9 Planning Commission Meeting March 10, 1998 emergency access is located off Calle Rondo. When the original tract map was proposed, the environmental assessment and traffic study findings determined the access points at that time. In order to approve an additional entrance the applicant would have to file a revised tentative tract map, environmental study, traffic study, and General Plan Amendment designating Calle Tampico as a Collector street. Currently Calle Tampico is designated as a Residential street. The City cannot approve any project that allows the traffic to increase over 3,000 cars per day. 3. Commissioner Tyler stated it was his understanding that the access is not open for discussion during this meeting. The Commission was only to discuss compatibility issues. City Attorney Dawn Honeywell stated that was true. The Commission is to review only those items that are concerned with the compatibility of the units being proposed. Any issue dealing with access would have to be brought up by the property owner as the holder of the tract map which would require the amendments as stated by staff. 4. Commissioner Woodard stated he did not understand. While looking at the aerial map of the tract map, it showed another access. If this is an emergency access the property owners should be able to utilize it. Senior Engineer Steve Speer explained the history of the emergency access. Discussion followed regarding the access. 5. Commissioner Woodard asked what the options were to the homeowners. City Attorney Dawn Honeywell asked staff who owned the streets. Senior Engineer Steve Speer stated the land was owned by RJT Development and part of the common area had been turned over to the homeowners' association. City Attorney Dawn Honeywell stated it is the owner of that property that would have the right. 6. Commissioner Woodard stated the other owners north of this property have no ability to determine if this access should be used. Staff stated that was true. 7. Commissioner Kirk asked if the City and the property owners on both sides of the fence decided to open the access, could it be done? City Attorney Dawn Honeywell stated they would have to go through the entire public hearing process. Normally, the developer of a residential tract map has the right to develop the tract as it was originally approved, without subsequent conditions being placed on it. If a health or safety concern was raised and the association owned the streets, they could request the change to an open access and the City could look into it. The problem is you are environmentally affecting the adjacent areas. PC-3-10-98 10 Planning Commission Meeting March 10, 1998 8. Commissioner Kirk stated his reason for raising the question was to inform the property owners who were present in the audience what their options were and how they should go about achieving the change they desire. City Attorney Dawn Honeywell stated she did not have a clear understanding as to how much of this tract had been built out. Senior Engineer Steve Speer explained approximately one fourth of the tract had been developed. 9. Staff went on to give the remainder of the staff report on the compatibility issues being proposed to the applicant. 10. Chairman Butler asked if the applicant would like to address the Commission. Mr. Dennis Cunningham, representing RJT Development, addressed the Commission on the proposed compatibility issues. 11. Commissioner Tyler asked if 42 homes were to be constructed. Mr. Cunningham stated that was correct for the first phase, but as they owned the entire site, it was their desire to build out the project. 12. Commissioner Woodard stated he understood they had met with the homeowners' association and they were in accord. Mr. Cunningham stated RJT's goal is to work with the association to resolve the issues, but this is a long process and they do not want to be held up in the construction of the new homes to solve the secondary access problem. 13. Commissioner Woodard stated that in regard to the compatibility issues, he hoped the applicant would want to increase the variety of architectural features. 14. Ms. Sandra Hawks, 78-770 Spyglass Hill Drive, representing the La Quinta Fairways Homeowners' Association, stated she understood the additional access was not a part of this hearing, but she would like to explain their position. The association had met with the developer and gave them preliminary annexation approvals with caveats on November 7, 1997. The only issue pertinent to this public hearing is their request for an entrance/exit on Calle Rondo. They have never referred to this entrance as an emergency access as it is wide enough to accommodate two-way traffic. They currently have 99 homes built and with the completion of the RJT Development they will have a total of 254 homes sometime in the year 2001. Homeowners voted unanimously in favor of including this annexation with the understanding that the entrance/exit gate on Calle Rondo was a vital consideration. RJT Development expressed to them that their original PC-3-10-98 11 Planning Commission Meeting March 10, 1998 concern regarding the gate was giving up a unit lot for a gate location and sacrificing the profit. However, when the board examined the plot map and walked the perimeter, they discovered accommodations had been made by the original developer. It cannot be seen due to the landscaping. An opening already exists in the slump stone wall with pilasters at each end of the opening on Calle Rondo and is currently blocked with a chain -link fence. This opening is located on a common area within their complex. When they approached this location with RJT Development they were told the City was adamantly opposed to this location and it was out of the question. They were additionally told that the second gate could be a security risk to the models and the cost of installation was a concern. Their answer to this is there is no loss of a unit lot because the proposed gate location is a common area. Security risks to the models are an issue until the models are sold. RJT will be gone in three years and they will be left with the traffic problem. The gate installation can wait until the last unit is built. The City of La Quinta has said no to the construction of the gate and they feel this is an unacceptable answer due to the traffic and speed on Calle Tampico and Park Avenue. The cost issue has been addressed as their homeowners' association has told RJT they will share in the cost. Their single entrance/exit gate location has a short approach on both sides of the gate. When an exiting vehicle wants to enter Park Avenue, they have to wait for the traffic to clear. Due to the short approach, only three vehicles can wait in line before they block traffic inside the gate. Entering the development could also be hazardous if an 18-wheel truck, such as a moving van, wanted to enter the development. It would block the gate and vehicles would be backed up on Park Avenue. The Bajada and Painted Cove tracts are also building additional homes and all exit onto Park Avenue. The new homes will generate additional traffic. Additionally, traffic backs up each morning. Should the entrance be blocked, no emergency service could enter. With build -out of this tract it could equate to 500 homes using this one access point. Their proposed location of the additional access on Calle Rondo would only affect five homes and five vacant lots. It would not face a home, but rather the intersection of Calle Rondo and Tujunga. 15. Commissioner Tyler asked where the second access was located that is shown on Park Avenue. Ms. Hawk stated it was a golf cart access constructed by KSL Land Development. Commissioner Tyler asked if this were converted into an access would it reduce the size of one or two lots. Ms. Hawk stated it is a common area lot. PC-3-10-98 12 Planning Commission Meeting March 10, 1998 16. Commissioner Woodard asked if Ms. Hawk understood the process it would take to solve this problem. Ms. Hawk stated she understood it very well, but could not understand why a solution could not be reached. Commissioner Woodard suggested that if they were serious they might want to hurry the process because when Lots 242, 236, 247, and 252 are built on, they will probably have a problem in that those homeowners may not want a gate at that location. 17. Commissioner Woodard asked staff if the gate were to be constructed, is there enough of a stacking dimension considering the proximity of that road to the property line, such that they could have a legal turn. Senior Engineer Steve Speer stated he has not seen how wide the common area is, but it is probably ten feet deep. From the curb line of Calle Rondo to the curb of the future street it is about 20 feet. By the time the gate is installed a car would have to stop in the street to wait for the gate to open. Commissioner Woodard stated the developer would probably have to lose some lots before they would get the gate installed. Senior Engineer Steve Speer stated it is very unlikely they would ever get regular access at this site. The more likely location is on Calle Tampico midway between Calle Rondo and Park Avenue. Ms. Hawk stated those are unit lots and they would not want the developer to lose the lots. 18. Commissioner Woodard stated to Ms. Hawk that staff is saying they cannot approve an access point where they are requesting it because the distance of the proposed road to their property line is not configured to allow the construction of an access point. What staff is suggesting is that in order to avoid the many applications that would need to be filed, they could come off Lots 203, 218, 220 to create the access. 19. Mr. Bill Murray, 78-970 Del Monte Court, stated he was concerned about the aesthetics of the project. La Quinta Fairways was started by Brock Homes and it has a unique look. At their annual meeting, they were informed the building codes of La Quinta would not allow them to continue building with the same architectural style as what currently exists. The diversity of the homes in this neighborhood is what makes this tract special. The new homes will have a Mediterranean look, but they will not have the height of the existing units. The new units will only have a six inch difference in roof lines. This will create a completely different neighborhood within this tract. He further pointed out that the construction entrance might be a possible location for an access. He described the different access points that had been used by each of the different developers. PC-3-10-98 13 Planning Commission Meeting March 10, 1998 20. There being no further public comment, the public comment portion of the public hearing was closed. 21. Commissioner Kirk suggested a pedestrian access might be constructed in the interim. 22. Commissioner Gardner stated that in his opinion the developer had presented diversity in the homes proposed. 23. Commissioner Woodard stated the Commission could do nothing with the access issue, but it is his hope the developer would try to reach a solution for the homeowners. In regard to the issues raised by Mr. Murray, he would like to see the changes he is requesting, but until the Zoning Code is amended, their hands are tied. 24. Commissioner Seaton stated she had no objection to the proposed compatibility changes. The access onto Calle Tampico is very busy and is probably not the right area to have an access gate. The alternative access is smaller and would probably not accommodate enough cars. 25. Commissioner Tyler stated he agreed with his fellow Commissioners. He had visited the site and wished there were more roof line variations in the units proposed. The problem is acerbated in that RJT is building only single story family homes. Planning Manger Christine di Iorio reminded the Commission they could recommend the developer add a new prototype having a two story element to go with the remaining homes. 26. Commissioner Woodard stated if they were looking for roof variation, they could accommodate that by different ceiling heights and roof plans to cause the variations. Staff stated the roof height could be raised. Discussion followed regarding alternatives. 27. Mr. Dennis Cunningham stated he had spent seven or eight months working with the developer, staff, and the homeowners' association to create this tract. If he had been asked to build a two story unit, he could bet he would have been told no because the homeowners' association would have objected. He resented Planning Manager Christine di Iorio coming before the Commission and leading this Commission into suggesting something that was presented weeks ago and at no time was any mention made regarding these changes. PC-3-10-98 14 Planning Commission Meeting March 10, 1998 They and staff had met with the homeowners and discussed their concerns. Now that one individual gets up and mentions that he would like to see two story homes, staff is now taking a different direction. RJT has gone to a lot of time and cost to develop these homes and has been working in good faith with the homeowners and staff. They submitted one model that was 18-feet and they were required to lower it one inch. He would ask that the Commission approve the application that is before them tonight. It is his understanding that the homeowners' association did not want two story units constructed. 28. Chairman Butler asked the applicant if they would be reversing any of the floor plans. Mr. Cunningham stated they would. They submitted plans they believed would be approved by the homeowners as well as the City. As any tract develops, the first 30 homes start the tract, then you start changing some of the elevations to allow for a variation in the streetscape. 29. Commissioner Woodard stated that if an identification of varied roof heights were made, this would give the applicant the right to have two story houses if he chose to. It would also give him the right to have higher plate heights and roofs at different parts of the homes. Mr. Cunningham stated that if he understood the current ordinance, they were allowed to build up to 17-feet with a single story and to go to a two story there wouldn't be enough room in-between. 30. Commissioner Tyler suggested that Condition #13 be deleted as it was a statement of fact and not a condition. Further if he lived in this tract he would be very interested in having a second access. He has no record showing how many formal applications had been made to make this a legal access, but according to what they have been told, he would suggest they pursue this process. 31. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 98- 011 approving Site Development Permit 98-619 as conditioned. 32. Commissioner Gardner asked for clarification as to whether they were requiring a variety of roof heights. City Attorney Dawn Honeywell stated the Commission was approving the plans as submitted to assure they were compatible with the existing homes. To have different elevations, the developer would have to come back with additional plans. PC-3-10-98 15 Planning Commission Meeting March 10, 1998 33. Commissioner Woodard asked if the Commission approved floor plan "A", and wanted to ask for additional elevations to be submitted at a later date for review; could the developer move forward and allow the market to determine what they will build. Community Development Director Jerry Herman stated they always have the right to bring back new elevations for compatibility review. Was Commissioner Woodard suggesting the Commission approve two of the proposed plans tonight and condition the developer to come back with another elevation per plan, for Commission's review in the future, at the developers discretion? City Attorney Dawn Honeywell asked if they were going to require this after a certain number had been built. Commissioner Woodard stated the market should dictate this. It should be at the developer's discretion. 34. Commissioner Woodard stated it was the desire of the Commission to have variations in roof design and roof heights on a single story. Mr. Cunningham asked if he could go over 17-feet. Ms. Jan Kohler of RJT stated that originally their architect designed units with higher roof lines. They were told by the City they had to bring them down to 17-feet I I -inches. To have their architect redesign the units cost them. 35. Community Development Director Jerry Herman stated that in the RM District, the height limit is 28-feet. The Specific Plan for this tract does require that any houses adjacent to Calle Rondo be no higher than 17-feet to be compatible with the adjacent homes. It is not certain that the interior lots have this height restriction. 36. Commissioner Woodard stated he supported the plans with the condition that the applicant come back with additional elevations showing various roof heights, or silhouettes, added to their housing plans. They may never be used, but the option is there. 37. Ms. Hawk stated that in the meeting they had held with RJT Development, the homeowners overwhelmingly approved the plans proposed. If this is a done deal with the homeowners, then why is the Commission discussing this? 38. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abels to approve Site Development Permit 98-619, subject to the amended conditions. PC-3-10-98 16 Planning Commission Meeting March 10, 1998 ROLL CALL: AYES: Commissioners Abels, Gardner, Kirk, Seaton, Tyler, Woodard, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. V. BUSINESS ITEMS: None VII CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMISSIONER ITEMS A. Commissioner Gardner asked why searchlights were allowed in the parking lot at Simon Motors over the weekend. Staff stated they are not allowed and citations had been issued. B. Planning Manager Christine di Iorio informed the Commission that the illegal fence at the corner of Avenida Juarez and Avenida Montezuma had been removed. C. Commissioner Woodard asked if the City Attorney could give her report on design issues and design review structuring at the next meeting of the Commission. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Gardner/Tyler to adjourn this meeting of the Planning Commission to a regular meeting on March 24, 1998, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:47 P.M. Unanimously approved. PC-3-10-98 17 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 24, 1998 I. 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 asked Commissioner Woodard to lead the flag salute. B. Chairman Butler requested the roll call: Present: Commissioners Abels, Kirk, Seaton, Tyler, Woodard and Chairman Butler. Staff noted that Commissioner Gardner had called and asked to be excused. It was moved and seconded by Commissioners Abels/Tyler to excuse Commissioner Gardner. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Planning Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: A. Staff asked that the approval of the Minutes of March 10, 1998, be removed from the agenda. Staff also noted that the Repeal of the Village Specific Plan, scheduled for public hearing at this meeting would be continued. It was moved and seconded by Commissioner Tyler/Seaton to approve the agenda as amended. Unanimously approved. B. Department Report: None. Staff noted that the Department Report was outdated and the Commission would receive an updated copy at their April 14, 1998 meeting. IV. CONSENT CALENDAR: None. IV. PUBLIC HEARINGS A. Zoning Code Amendment 97-058; a request of the City for consideration of miscellaneous amendments to Title 9 - Zoning Code of the La Quinta Municipal Code. PC-3-24-98 1 Planning Commission Meeting March 24, 1998 Chairman Butler opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff informed the Commission that in relation to the minimum house size in the Cove, staff did a building analysis of the building permits issued from January 1997 to February 1988, and found that the average house size in 1997 was 1,424 square feet; 1998 it was 1,304. This averages out to 1,403 square feet. City Attorney Dawn Honeywell stated that the City has adopted specific provisions relative to affordable housing that allow people to apply for a conditional use permit application to reduce the recommended house size of 1,400 square feet. Depending upon their proposals, they can obtain exceptions to the various standard development requirements. Therefore, any changes made to the Zoning Code are not necessarily applicable to low and moderate housing projects. 2. Commissioner Tyler asked staff to clarify whether the areas of concern mentioned in the staff report were previously contained in the Zoning Code. Staff stated they were in the Code prior to the revision that were made in 1996, with the exception of the 200 foot distance requirement, which was 250 feet. 3. Commissioners reviewed the changes with staff and the following notations were made: a. Section 9.30.020: Increase the minimum livable floor area excluding garage. b. Section 9.30.030: "*Projects with ten or more contiguous dwelling units ...." shall be added to each of the zones." C. Section 9.50.090.A.3. Change the wording from similar to a more defined wording. d. Section 9.50.090.A.15. "Lighting: All exterior lighting shall be located and directed so as not to shine directly on adjacent properties or otherwise creat and shall comply with the Dark Sky Ordinance. e. Section 9.50.090.D.1. "Applications for consideration of a Cove Residential Design approval shall be made to the Eon=unity Planning Commission." f. Section 9.50.090.D.3. Add the scale and size of the plans to be submitted. g. Section 9.50.090.D.4.c. Rewrite to make more specific. PC-3-24-98 2 Planning Commission Meeting March 24, 1998 h. Section 9.50.090,.D. Add a new #8 to read: "Conditional Use Procedure for Affordable Housing. Application by a conditional use permit made for variations of development standards pursuant to Section 9.60.270.D.4. for affordable housing units produced in compliance with State or Federal housing program implementation." i. Section 9.50.090.D.8. Renumber to 9.50.090.D9. j. Section 9.60.030.D.1. Add wording to require screening for recreational vehicles. k. Section 9.60.030. Add wording to require fence posts to be installed per the Uniform Building Code requirements. 1. Section 9.60.070. Add wording to clarify where the pool equipment can be installed in the front yard. M. Section 9.60.320.C. Clarify whether the minimum lot size refers to a single condominium unit or the building itself. 4. Changes that were made to the Manual on Architectural Standards: a. Site Development Standards: "All front and exterior sideyards ...". Diagrams should exemplify the statements made under General Requirements. b. Site Development Standards: require bottled gas tanks and refuse containers to be concealed by a wall. C. Include a map of the RC District with the Manual. d. Building Design Standards -Floor Plan: "Minimum dwelling size: 1,400 square feet, as measured from the exterior of the outside walls, excluding the garage." C. Building Design Standards -Exterior: The "Maximum 24 inch eave into the setback area." Under Roof Designs, change the wording to "Eaves shaif may be larger..." f. Building Design Standards -Architectural Styles: Change the wording to "The following general architectural styles are examples of the styles that will be permitted. g. Building Design Standards -Special Requirements: Under Architectural Variety add "structural changes". h. Under the "Relationship Between the House and the Site": Change the architectural house style example that is used to agree with what is required under the Building Design Standards -Architectural Styles. i. Under Roof Types: Use examples that are more in keeping with the size of homes that can be used in the Cove. j. Under Window Design: Windows with bars are to be permitted only when the bars are able to be opened from the inside. PC-3-24-98 3 Planning Commission Meeting March 24, 1998 5. Changes that were made to the Manual on Landscaping Standards: a. An introduction needs to be provided explaining the purpose of the manual. b. Under Landscape Requirements -Single Family Houses, identify the size of trees that are to be planted. c. Under Irrigation and Landscape Design Guidelines, combine Items 3, 5,and 9. 6. Chairman Butler asked for public comment. Ms. Kay Wolff, 77-227 Calle Ensenada, stated her concern regarding Section 9.60.030.C.4.- Fences/Visibility at Intersection. At the intersection of Calle Ensenada and Avenida Sinaloa, due to the angle of the street and the fence that surrounds the house, it is impossible to see around the corner. This should be addressed in the Zoning Code update. On the noticing requirements, the City should keep them liberal so if a project would affect the hillside those who live in close proximity would receive a notice. Regarding the 1,400 square foot house size, she is favor of not raising the requirements. In her opinion, the City should support the self-help housing, or any groups that are assisting families to acquire a home. She would not want to discourage the diversity of the Cove. City Attorney Dawn Honeywell clarified that the proposed changes would not prohibit the smaller houses, they would still be allowed under the conditional use permit process. To ensure this, she has proposed new language in other sections of the Code that will refer developers to the conditional use process, so they can be made aware of their options. 7. Commissioner Kirk asked what the history was of employing the conditional use permit process to increase density above the General Plan designated density. Community Development Director Jerry Herman stated that of all the housing projects the Redevelopment Agency has been involved with, the only one that had applied for a density bonus under the State and City Guidelines, was the apartment complex to the north of the Ralph's Shopping Center who received a density tax bonus. This project, however, did not apply to the City/Agency for assistance. The City has supplemented projects to meet the City's standards. The conditional use permit process allows for a variation in development standards. Discussion followed regarding density bonuses. 8. Mr. John Mealey, representing the Coachella Valley Housing Coalition, 45- 701 Monroe Street, Indio, stated his concern regarding the 1400 square foot house size minimum. He would not be able to state whether or not the conditional use process would work for their projects, until he reviewed the PC-3-24-98 4 Planning Commission Meeting March 24, 1998 process. There needs to be a way to allow people who do not qualify for any type of subsidy to build 1200 square foot or smaller houses. They have received complaints from people in the Cove regarding the houses they currently have under construction and it is their belief that these calls are racial in content. They are also concerned that this is the driving force behind this Code Amendment. They received assistance from the City to build ten houses in the Cove. They are building the same house today without City assistance. The people who are building the homes will be moving into the homes. They have built over 400 homes throughout the Valley and have never had a repossession. These homeowners have brought value to their communities. Based on this information, they are requesting the City to keep the 1200 square foot house size. In addition, the requirement for a 1,000 foot mailing notice is excessive. 9. Commissioner Tyler asked how many homes were currently under construction. Mr. Mealey stated they had 30 homes under construction and propose 50 more for the Cove. 10. Commissioner Woodard stated that under the new guidelines, they would have to change the style. Mr. Mealey stated he understood this style would meet the new standards. They have several different elevations that have different roof shapes and colors that are used in the different models. 11. Commissioner Woodard stated that even though he supported the purpose of their program, he questioned whether the quality of life of the individuals who would own these homes 20-30 years in the future would be as good due to the house being relatively small. Mr. Mealey stated they were building 1300 square foot homes that have three and four bedrooms. With every increase in the size of the houses, you eliminate people from being able to buy a home. This project is a Federally funded program and La Quinta qualifies as it still meets the definition for a "Rural Community". The State of California has a State law which precludes local governments from creating design standards that would not allow Federally funded programs in their communities. 12. Commissioner Kirk asked if the change from 1200 to 1400 was approved, what would be the impact on eligibility requirements and the percentage of people that would be able to qualify. Mr. Mealey stated the impact would be in the range of $6,000 to $7,000 dollars. They may lose the bottom 10% of the applicants. 13. Commissioner Woodard asked how the addition of 200 square feet to a house PC-3-24-98 5 Planning Commission Meeting March 24, 1998 would increase the sales price by $6,000, that is a $300 a square foot sales price for that house. Mr. Mealey stated it computes to $30 a square foot. Discussion followed. 14. Commissioner Kirk asked if staff could provide the Commission with a sense of the variations in the elevations that are being used in the 30 homes that are currently under construction. Staff stated there currently is no requirement for variation in elevation. They are reviewed by the Building and Safety Department. Planning Manager Christine di Iorio stated that she had been working with the Building and Safety Department to see that the homes that are adjacent to each other have different roof pitches, different colors, windows differ, the designs have been flipped and setbacks have been staggered. This has been voluntary on the part of the developers. 15. Commissioner Abels clarified that the homes being built are scattered throughout the Cove. Mr. Mealey stated that most of the home are scattered except in a few instances. 16. There being no further public comment, Chairman Butler closed the public comment portion of the hearing. 17. Commissioner Tyler asked staff to clarify when the 1400 square foot requirement was added. Staff gave the history. 18. Commissioner Tyler asked if these self help houses would fall within the City's requirements for affordable housing. City Attorney Dawn Honeywell stated that if they are operating under a Federal program, they probably would. However, the City would need to review the documents to verify this. The City's General Plan Guidelines allow for flexibility in design standards to meet the needs of affordable housing programs. 19. Commissioner Woodard asked staff to give a history of the type of homes that have been built in the Cove area. Staff stated that the analysis of building permits showed that the average size of a home built in the Cove was now over 1400 square feet. The City as a whole has to provide its fair share of affordable housing and this is being done. 20. Commissioner Seaton asked how the City -offered lot merger program affected the house sizes. Community Development Director Jerry Herman explained that the program encouraged land owners to combine lots and gave an incentive to build larger houses. The average 5,000 square foot lot in the Cove could have a 2,800 square foot house built on it with the lot coverage and setbacks maxed out. Discussion followed. PC-3-24-98 6 Planning Commission Meeting March 24, 1998 Chairman Butler recessed at 8:40 p.m. and reconvened at 8:45 p.m. 21. Chairman Butler stated that due to the questions that had been raised, he would like to continue this item to the next meeting. 22. It was moved and seconded by Commissioners Abels/Tyler to continue Zoning Code Amendment 97-058 to the Planning Commission meeting of April 28, 1998. Unanimously approved. V. BUSINESS ITEMS: None VI CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMISSIONER ITEMS A. Discussion regarding Zoning Code and design review concerns. 1. Planning Manager Christine di Iorio reviewed the information that had been presented to the Commission. 2. Commissioner Woodard stated his concern was that the Commission was decreasing the landscape setbacks at the entrance to the tracts. In addition, houses were allowed to be constructed next to the entrances. His concern was that the landscape setbacks be increased to add a landscape zone to enhance the streetscape. 3. Commissioner Kirk asked Commissioner Woodard how he envisioned the design guidelines being used. Commissioner Woodard stated the guidelines should be based on setbacks, heights, variations, and fundamental issues that go into design guidelines. The City should allow diversity yet, have consistency with its design standards and this should be for the entire City whether within a country club or not. 4. Commissioner Tyler stated a country club has guidelines that are not subject to the City's review. 5. Commissioner Kirk clarified that what he understood Commissioner Woodard was asking for was a guideline/review process that was as rigorous for residential as is required of commercial. In his opinion, he was not sure that the same requirements should apply to a "man's castle". A home is a private place and a commercial property is public. It may be a philosophical issue. PC-3-24-98 7 Planning Commission Meeting March 24, 1998 6. Chairman Butler asked Commissioner Woodard if he could give an example of how this is handled in other cities. Commissioner Woodard stated he has been involved in other cities where a project has taken five or six meetings before being approved by the Planning Commission and has cost as much as $5,000. Most cities have far greater restrictions than La Quinta. Commissioner Kirk stated he did not agree that exclusive communities have stricter requirements. 7. Chairman Butler asked what the next step would be. Commissioner Abels suggested that staff take this recommendation, enhance it, and bring it back to the Commission in more detail. 8. Staff stated they will take some of the more definitive items and include them into the Zoning Code update. Staff will work on the larger issues and bring them back to the Commission. 9. Chairman Butler asked if the question raised by Commissioner Woodard that inner streets contained within a development not be laid out in a grid, is that an issue the Commission can address or is it the responsibility of the developer. Staff stated it is a possible idea and staff has been introducing this concept to developers during review meetings. 10. Commissioner Kirk stated that when staff brings the design guidelines back to the Commission, perhaps they should consider all the "apples and oranges" and address them similarly, at least in terms of degree of attention. There may be some discussion regarding how much attention and what to focus on, however he does agree with Commissioner Woodard in that landscaping is a critical element and should be an area where they focus a lot of energy. In addition, he would request that when staff brings the country club and tract design guidelines back to the Commission, that staff not only address the "what's" of the design guidelines, but address how the City should use the guidelines. He would like to review these in tandem because in his opinion how they are used will determine what he would want to include in them. B. Commissioner Tyler gave a report on the City Council meeting of March 3, 1998. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Abels/Tyler to adjourn this meeting of the Planning Commission to a regular meeting on April 14, 1998, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:20 P.M. Unanimously approved. PC-3-24-98 8 n. 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The applicant has submitted a site plan for the project that is included as Attachment 2 to this report. The existing chain -link fence along the west property line will remain with an 18-inch wide landscape planter added to the base of the fence to accommodate a planting of vines for screening purposes. A new 5-foot high masonry block wall with a decorative wrought iron gate will be added to the front of the property, adjacent to the main structure to provide security and improve the appearance. Landscape planters will also be provided in the parking compound area and in front of the building, adjacent to the main structure. The existing bi-pass chain link gate would remain at the southern property line and would be left open during business hours to provide for the one-way drive aisle. A trash enclosure is proposed adjacent to the west wall of the shed to provide access for trash pick-up. This building is listed on the California Historic Resources Inventory as a potentially significant historic site. The historical background of this structure is found in the Draft Historic Context Statement on file in the Community Development Department. At its November 21, 1996 meeting, the Historic Preservation Commission reviewed the rehabilitation and seismic retrofit plans for this building and shed and recommended approval to the City Council. On February 4, 1997, the City Council approved Certificate of Appropriateness 96-002 as recommended by the Historic Preservation Commission. The Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" were used to review the proposed changes to the building and shed. The site plan for that approval included access to the site from Avenida Montezuma into a one-way drive aisle and exiting onto the alley. Several landscape planters were proposed for the parking area. The proposed conditional use permit is compatible with the approval of COA 96-002. Rehabilitation work on the shed was started several months ago, including removal of the roof structure and demolition of a small insignificant storage building. The seismic retrofitting involves transferring the lateral forces from the roof diaphragm through the walls to the foundation, injecting all cracks with epoxy, and filling a rear window in with concrete block to provide additional structural stability. Staff recommends certification of a Mitigated Negative Declaration of Environmental Assessment for the conditional use permit, as the potential adverse impacts identified can be mitigated to a level of insignificance, provided the mitigation measures are can be mitigated to a level of insignificance, provided the mitigation measures are implemented. The applicant is proposing two signs for the animal clinic. A free-standing monument sign is proposed near the northeast corner of the property along Avenida Montezuma, and a pedestrian sign is proposed to be hung over the entrance to the clinic (Attachment 3). The proposed wood free-standing sign, 5-feet by 3-feet in size (15 square feet total), will be supported by two 4-inch by 4-inch posts cemented into the ground. The sign colors will match the building and trim colors. The sign will be positioned 1 S- inches off the ground (Attachment 4), to a total height of 4-feet 6-inches. The proposed sign copy reads "Village Park Animal Hospital" and will have a graphic above the text that shows children and animals playing in a park. The proposed pedestrian sign will be a painted wood sign, hung from a beam over the entrance to the clinic, ano will serve as the street address sign. This sign will replace an existing sign in the same location. The colors and vinyl graphics will match the building and trim colors. The size of this proposed sign will be 12-inches by 72-inches (approx. 6 square feet) (Attachment 5). The City's sign ordinance does not permit free-standing signs for individual commercial uses with less than 200 feet of building frontage. The Fischer Building has only 35 feet of building frontage. However, to have a building -mounted sign would impact a historic resource, by the fixing or anchoring of a sign to the building wall. To permit a free-standing sign would serve as mitigation for this sign issue. The sign must be within the property boundary and a minimum of 5 feet behind the street right-of-way. A small pedestrian sign can have the building address and is required by the Sign Ordinance. This sign will only have the street address numbers on it. The applicant proposes to landscape the front of the building, along the chain link fencing, and on the interior parking lot planter areas. The site plan indicates that red sage, myoporum, and mock orange would be planted in the front planter areas. Cape honeysuckle is proposed along the chain link fence line to form a screening vine.. Rusty leaf fig and trailing lantana are proposed in the interior planting areas. Mock orange can grow up to 15-feet tall, thus staff recommends a dwarf variety to be planted along the front that will not block the view of the building. The following findings can be made to support approval of Conditional Use Permit 98- 039: 1 . The design and improvements of the proposed Conditional Use Permit 98-039 are consistent with the current goals and objectives of the La Quinta General Plan, and the Village Specific Plan, in that the small -animal veterinary hospital and accessory residence meet the policies and goals for small businesses offering goods and services in the Village commercial area. Z. Conditional Use Permit 98-039 is consistent with current standards of the Zoning Code in that the existing Zoning District is VP (Village Park) that provides for approval of certain uses deemed desirable in the Village downtown for the convenience of residents and visitors, but have impacts which must be mitigated by conditions specific to each proposed use. 3. Conditional Use Permit 98-039 is consistent with the standards of the City's Subdivision Ordinance in that the design for access and circulation will consist of one way access through the property from Avenida Montezuma to a rear alley. 4. The design of the small -animal hospital and accessory residence are not likely to cause serious public health problems, or adversely impact the general public welfare or safety, in that the Fire Department, Community Development Department, and the City's Building & Safety Department have reviewed the project for these issues with no significant concerns identified. 5. The design of the adaptive reuse is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife, or their habitat, in that Environmental Assessment 98-355, prepared for the conditional use permit, did not identify any significant impacts for this issue. Approve Planning Commission Resolution 98-_ to certify a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 98-355, subject to the mitigation measures contained in the Mitigation Monitoring Plan for CUP 98- 039. Approve Planning Commission Resolution 98-_ to approve Conditional Use Permit 98-039 for the Village Park Animal Hospital, subject to the attached Conditions of Approval. Attachments: 1 . Location Map 2. Site Plan 3. Site Plan - Sign Location 4. Free-standing sign 5. Building -mounted sign Prepared by: Submitted by: L slie Mouriqu nd, Ass ciate PDanner Christine di lorio, Plann ng Manager PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 98-355 FOR CONDITIONAL USE PERMIT 98-039, TO OPERATE A SMALL -ANIMAL VETERINARY HOSPITAL WITH ACCESSORY RESIDENCE, LOCATED AT 77-895 AVENIDA MONTEZUMA. ENVIRONMENTAL ASSESSMENT 98-355 KATHRYN J. CARLSON, DVM WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of April, 1998, hold a duly -noticed Public Hearing as requested by Kathryn J. Carlson, DVM., on the Environmental Analysis for Conditional Use Permit 98-039, located at 77-895 Avenida Montezuma; and, WHEREAS, the Historic Preservation Commission of the City of La Quinta, California, did on the 2"d day of April, 1998, hold a duly noticed meeting as requested by Kathryn J. Carlson, DVM, on Conditional Use Permit 98-039 and, did by Minute Motion 98- recommend to the Planning Commission approval of Conditional Use Permit 98-039; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83-63, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 98-355) and has determined that although the proposed conditional use could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made conditions of approval for Environmental Assessment 98-355, and a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, at said Public Hearing, held on April 14, 1998, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make findings to justify the certification of said Environmental Assessment; and, WHEREAS, at the Public Hearing, said certification was based on findings and subject to certain mitigation measures; and, PApc res ea98-355.wpd Planning Commission Resolution 98- WHEREAS, the La Quinta Planning Commission on the 14th day of April, 1998, did find the following facts to justify certification of said Environmental Assessment: 1 . The proposed small animal veterinary hospital and accessory residential land use for Conditional Use Permit 98-039 is consistent with the Village Park land use goals and objectives of the La Quinta General Plan, and Village Specific Plan, in that the proposed land use is in keeping with the policy to encourage service -related businesses to locate in the Village area. 2. The subject site is physically suitable for the proposed land use in that the main structure was formerly used for business uses on the ground floor and accessory residence on the second story, with the necessary room for on -site parking and landscaping. 3. Conditional Use Permit 98-039 is consistent with the development standards for parking and conditionally permitted uses within the Village Park Zoning District, but is inconsistent with the Sign Ordinance in that the proposed free- standing sign is not permitted for structures with less than 200 linear feet of building frontage, but will be allowed in this case as a mitigation measure for the adverse impacts of a building -mounted sign to a historic structure; is consistent with the Subdivision Ordinance, in that the proposed land use is an adaptive reuse of an existing historic structure as designated by the La Quinta General Plan that does not propose any subdivision of the property thereby maintaining the existing lot size, access, and requirements for public improvements for the Village Specific Plan Area. 4. The small -animal veterinary use with accessory residence will not cause adverse environmental impacts to a historic resource as the recommended changes to the building impact only the interior of the building. 5. Proposed Conditional Use Permit 98-039 is not likely to cause public health problems as the project has been reviewed by the Fire Department and the Building & Safety Department for those specific issues. 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 correct and constitutes the findings of PApc res ea98-355.wpd Planning Commission Resolution 98- the Planning Commission in this case; 2. That it does hereby concur wit h PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 14th day of April 1998, 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 PApc res ea98-355.wpd i Is ENVIRONMENTAL CHECKLIST FORM Environmental Assessment No. 98-355 Case No.:CUP 98-039 Date:3 9 98 1. Name of Proponent: Kathryn J. Carlson D.V.M. Address: P O Box 1711. La Ouinta. CA 92253 Phone: (760) 564-3833 Agency Requiring Checklist: City of La Quinta Project Name (if applicable): Village Park Animal Hospital CITY OF LA QUINTA Community Development Department 78-495 Calle Tampico La Quinta, California 92253 II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. Land Use and Planning Population and Housing X Earth Resources X Water X Air Quality III. DETERMINATION. Transportation/Circulation Biological Resources Energy and Mineral Resources Risk of Upset and Human Health Noise Mandatory Findings of Significance On the basis of this initial evaluation: Public Services Utilities Aesthetics Cultural Resources Recreation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least, 1) one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards; and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potential significant unless mitigated". AN ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Date_ March 9, 1998 Printed Name and Title: Leslie Mouriquand, Associate Planner For: City of La Ouinta 94 P:\LESLIE\EC98-355.WPD -ii- 1.) 1 J Potentially Potentiallv Significant lass Than Significant unless Significant �o Impact Mitigated Impact lmpact 3.1 LAND USE AND PLANNING. Would the project: a)Conflict with general plan designation or zoning? (Source #(s): X b)Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X c)Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? X d)Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X 3.2 POPULATION AND HOUSING. Would the project: a)Cumulatively exceed official regional or local population projections? X b)Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension or major infrastructure)? X c)Displace existing housing, especially affordable housing? X 3.3 EARTH AND GEOLOGY. Would the project result in or expose people to potential impacts involving: a)Fault rupture? X b)Seismic ground shaking X c)Seismic ground failure, including liquefaction? X d)Seiche, tsunami, or volcanic hazard? X e)Landslides or mudflows? X f)Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X g)Subsidence of the land? X h)Expansive soils? X i)Unique geologic or physical features? X PALESLIETC98-355. M -ili- I 3.4 3.5 3.6 Water. Would the project result in: a)Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b)Exposure of people or property to water related hazards such as flooding? c)Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity? d)changes in the amount of surface water in any water body? e)changes in currents or the course or direction of water movements? Ochange in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g)Altered direction or rate of flow of groundwater? h)Impacts to groundwater quality? AIR QUALITY. Would the project: a)Violate any air quality standard to contribute to an existing or projected air quality violations? b)Expose sensitive receptors to pollutants? c)Alter air movement, moisture, or temperature, or cause any change in climate? d)Create objectionable odors? TRANSPORTATION/CIRCULATION. Would the project result in: a)lncreased vehicle trips or traffic congestion? b)Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? Potentially Potentially Significant Lass Than Significant Unless Significant No Impact ;Mitigated Impact Impact Gm M X X KI X X X X X X P:\LESLIE\EC98-355.WPD -iv- 3.7 3.8 3.9 c)Inadequate emergency access or access to nearby uses? d)Insufficient parking capacity on site or offsite? e)Hazards or barriers for pedestrians or bicyclists? OConflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g)Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES. Would the project result in impacts to: a)Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? b)Locally designated species (e.g. heritage trees)? c)Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? d)Wetland habitat (e.g. marsh, riparian and vernal pool)? e)Wildlife dispersal or migration corridors? ENERGY AND MINERAL RESOURCES. Would the project: a)Conflict with adopted energy conservation plans? b)Use non-renewable resources in a wasteful and inefficient manner? RISK OF UPSET/HUMAN HEALTH. Would the proposal involve: a)A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b)Possible interference with an emergency response plan or emergency evacuation plan? c)The creation of any health hazard or potential health hazards? Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X X X X X X X X X ►l 911 PALESLIETC98-355. M -v- 3.10 3.11 3.12 3.13 d)Exposure of people to existing sources of potential health hazards? e)Increased fire hazard in areas with flammable brush, grass, or trees? NOISE. Would the proposal result in: a)Increases in existing noise levels? b)Exposure of people to severe noise levels? PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a)Fire protection? b)Police protection? c)Schools? d)Maintenance of public facilities, including roads? e)Other governmental services? UTILITIES. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a)Power or natural gas? b)Communications systems? c)Local or regional water treatment or distribution facilities? d)Sewer or septic tanks? e)Storm water drainage OSolid waste disposal? AESTHETICS. Would the proposal: a)Affect a scenic vista or scenic highway? b)Have a demonstrable negative aesthetic effect? c)Create light or glare? PALESLIETC98-355. M -v1- Potentially Potentiallv Significant Less Than Significant Unless Significant \o Impact Mitigated Impact Impact X X X X X X X X X X X X X X X X X X 3.14 3.15 3.16 CULTURAL RESOURCES. Would the proposal: a)Disturb paleontological resources? b)Disturb archaeological resources? c)Affect historical resources? d)Have the potentiai to cause a physical change which would affect unique ethnic cultural values? e)Restrict existing religious of sacred uses within the potential impact area? RECREATION. Would the proposal: a)Increase the demand for neighborhood or regional parks or other recreational facilities? b)Affect existing recreational opportunities? MANDATORY FINDINGS OF SIGNIFICANCE. a)Does the project have the Potential to degrade the quality of the environmental, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b)Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c)Does the project have impacts that are individually limited, but cumulatively considerable? ("cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable further projects). d)Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentiallv Potentially Significant Less Than Significant t'nless Significant No Impact Mitigated Impact Impact X X X X X X X X X X X PALESLIETC98-355. M -vii- EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EK or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a)Earlier analyses used. Identify earlier analyses and state where they are available for review. b)Impacts adequately address. Identify which effects from the above checklist were within the scope of and adequately analyzed by the earlier document. c)Mitigation measures. For effects that are "potentially significant" or "potentially significant unless mitigated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. P:\LESLIE\EC98-355.wPD -v111- INITIAL STUDY - ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 98-355 Village Park Animal Hospital Conditional Use Permit 98-039 Applicant: Kathryn J. Carlson, DVM P. O. Box 1711 La Quinta, CA 92253 Prepared by: City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 � eslie Mouriqurd, Asso �tePlar�= March 9, 1998 TABLE OF CONTENTS Section Page 1 INTRODUCTION 3 1.1 Project Overview 3 1.2 Purpose of Initial Study 3 1.3 Background of Environmental Review 4 1.4 Summary of Preliminary Environmental Review 4 2 PROJECT DESCRIPTION 4 2.1 Project Location and Environmental Setting 4 2.2 Physical Characteristics 5 2.3 Operational Characteristics 5 2.4 Objectives 5 2.5 Discretionary Actions 5 2.6 Related Projects 6 3 ENVIRONMENTAL ASSESSMENT 6 3.1 Land Use and Planning 6 3.2 Population and Housing 8 3.3 Earth Resources 9 3.4 Water 12 3.5 Air Quality 15 3.6 Transportation/Circulation 17 3.7 Biological Resources 20 3.8 Energy and Mineral Resources 22 3.9 Risk of Upset/Human Health 22 3.10 Noise 24 3.11 Public Services 25 3.12 Utilities 27 3.13 Aesthetics 29 3.14 Cultural Resources 30 3.15 Recreation 31 4 MANDATORY FINDINGS OF SIGNIFICANCE 31 5 EARLIER ANALYSES 32 2 SECTION 1: INTRODUCTION 1.1 PROJECT OVERVIEW The purpose of this Initial Study is to identify the potential environmental impacts of the proposed Conditional Use Permit 98-039 for a small -animal veterinary hospital, with second floor residence for the veterinarian or staff caretaker. The request is for approval of a specific land use within a General Plan designated historic structure located in the Village Park (VP) commercial area. The Village is located 11/4 miles south of Highway 111 and about a quarter of a mile west of Washington Street. The boundaries of the Village at La Quinta form an irregular configuration and are shown on Figure 3-2 of the Village Specific Plan. The general demarcation features are the flood control evacuation channel on the north, the Avenue 52 extension on the south, the lot line boundaries one lot east of Desert Club Drive on the east, and, on the west, an irregular boundary including Avenida Bermudas, the City Park (sic) and Eisenhower Drive. The boundary shown on Figure 3-2 of the Village Specific Plan is the formal boundary of the Village Commercial land use as designated in the City's General Plan, but also includes an adjacent area south of Calle Tampico and east of Eisenhower Drive, the land south of the park and the properties on the west side of Avenida Bermudas. The proposed site of CUP 98-039 is located within Area 4 of the Village Specific Plan (Source: Village Specific Plan, 1987). The project site is located at 77-895 Avenida Montezuma. The property is a historic two- story structure known as the Kiener Building, or the "old lumber yard." The historic property is listed on the California Historic Resources Inventory. The City of La Quinta is the Lead Agency for the project review, as defined by Section 21067 of the California Environmental Quality Act (CEQA). The Lead Agency is the public agency which has the principal responsibility for carrying out or approving specific land uses which may have a significant effect upon the environment. The City of La Quinta, as the Lead Agency, has the authority to oversee the environmental review and to approve conditional use permits. 1.2 PURPOSE OF INITIAL STUDY As part of the environmental review for the proposed Conditional Use Permit 98-039, the City of La Quinta Community Development Department staff has prepared this Initial Study. This document provides a basis for determining the nature and scope of the subsequent environmental review for the proposed land use as a small -animal veterinary hospital. The purposes of the Initial Study, as stated in Section 15063 of the State CEQA Guidelines, include the following: 3 To provide the Agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or a Negative Declaration of Environmental Impact for the proposed animal hospital; To enable the applicant, or the City of La Quinta, to modify the land use, mitigating adverse acts before an EIR is prepared, thereby enabling the project to qualify for a Mitigated Negative Declaration of Environmental Impact; To assist the preparation of an EIR, should one be required, by focusing the analysis on those issues that will be adversely impacted by the proposed land use; To facilitate environmental review early in the review process; To provide documentation for the findings in a Negative Declaration that the land use will not have a significant effect on the environment; To eliminate unnecessary EIR's; and, To determine whether a previously prepared EIR could be used with the project. 1.3 BACKGROUND OF ENVIRONMENTAL REVIEW The proposed conditional use application was deemed subject to the environmental review requirements of CEQA in light of the intended land use and potential impacts upon the property and surrounding area. This Initial Study Checklist and Addendum was prepared for review and certification by the City of La Quinta Planning Commission. 1.4 SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT This Initial Study indicates that there is a potential for adverse environmental impacts to cultural resource issues contained in the Environmental Checklist. The degree of this adverse impact is not significant. As a result, a Negative Declaration of Environmental Impact will be recommended for this project. An EIR will not be necessary. SECTION 2: PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING The City of La Quinta is a 31.18 square mile municipality located in the southwestern portion of the Coachella Valley, in Riverside County, California. The City is bounded on the west by the City of Indian Wells, on the east by the City of Indio and Riverside County, on the north by Riverside County, and federal lands to the south. The City of La Quinta was incorporated in 1982. El ()`)o 2.2 PHYSICAL CHARACTERISTICS The proposed conditional use permit is a request to allow a small animal veterinary hospital to locate in a General Plan designated historic structure within the Village Park Zoning District. The animal hospital will operate as a private business with the hospital on the ground floor and the accessory residence on the second floor of the two-story historic structure. The shed located at the rear of the property will be used as covered parking for the veterinarian and staff. On -site parking will be available for patrons. 2.3 OPERATIONAL CHARACTERISTICS The proposed conditional use permit would allow for the operation of a small -animal veterinary hospital with veterinarian residence upstairs. The property will have on -site parking within a gated compound. One-way access will be from Avenida Montezuma, with a rear gate that will remain open during business hours for the parking lot exit. Other services that will be offered include animal grooming and limited boarding for animals with particular health problems. No outside, over -night boarding will be included. One free-standing sign is proposed for the front of the property. A new street address building -mounted hanging sign is also proposed over the front entrance. A trash facility will be located in the fenced compound for general garbage disposal. Bio-medical waste will be collected in clearly -labeled containers that will be located in examination and surgery rooms. These will be picked up on a regular basis by a qualified bio-medical waste company. 2.4 OBJECTIVES The objective of the proposed conditional use permit is to allow a specific land use within an existing historic structure in the Village Park District. The proposed small -animal veterinary clinic will function as a private business for profit, open to the public. 2.5 DISCRETIONARY ACTIONS A discretionary action is an action taken by a government agency that calls for the exercise of judgment in deciding whether to approve a project. For this project, the government agency is the City of La Quinta. The proposed conditional use permit will require discretionary recommendation of approval by the Historic Preservation Commission, and approval by the Planning Commission. The following discretionary approvals will be required for this project: Certification of the Environmental Assessment 98-355; and, Approval of Conditional Use Permit 98-039. 2.6 RELATED PROJECTS The. project consists cf a proposed conditional use permit and related environmental assessment. Related applications/projects consist of the approval and building permit for the seismic retrofit of the historic structures on the property and the subsequent tenant improvement for the proposed veterinary hospital. Previously Certificate of Appropriateness 96-002 was approved by City Council on February 4, 1997, to retrofit the main structure for seismic safety concerns. Environmental Assessment 96-334 was prepared for the retrofit request. SECTION 3: ENVIRONMENTAL ASSESSMENT This section analyzes the potential environmental impacts associated with the use of the building. The CEQA Checklist issue areas are evaluated in this addendum. For each checklist item, the environmental setting is discussed, including a description of the existing conditions within the City and the areas affected by the proposed amendment. Thresholds of significance are defined either by standards adopted by responsible or trustee agencies, or by referring to criteria in CEQA (Appendix G). 3.1 LAND USE AND PLANNING Regional Environmental Setting The City of La Quinta is located in the Coachella Valley, in the eastern portion of Riverside County. The valley is abundant with both desert plant and animal life. The topographical relief ranges from -237 feet below mean sea level (msl) to about 2,000 feet above msl. The valley is a part of the Colorado Desert region. Surrounding the valley are the San Jacinto Mountains, the Santa Rosa Mountains, the Orocopia Mountains, and the San Bernardino Mountains. The San Andreas fault transects the northeastern edge of the valley. Local Environmental Setting The subject property is located south of Frances Hack Park, at 77-895 Avenida Montezuma. The property was developed in the 1930's with a two-story structure that initially served as a hardware store with lumberyard in the rear shed structure. In later years, the property was used as a real estate office, post office, and office. In the last few years the buildings have been vacant and subjected to vandalism and deterioration. Work was begun recently to retrofit the unreinforced masonry building to comply with seismic safety requirements. A. Would the project conflict with the general plan designation or zoning? Less Than Significant Impact. The property is within the Village Park Zoning District. The permitted uses include veterinary clinics or hospitals as a use deemed desirable in the Village 0 tri downtown for the convenience of residents and visitors subject to approval of a Conditional Use Permit. Adjacent land uses and their designations consist of the Frances Hack Park (PR) across the street to the north; cove residential (RC) to the south, and Village Park (VP) to the west and east. The La Quinta Historical Museum is located adjacent to the west. B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? No Impact. The City of La Quinta has jurisdiction over this project. The primary environmental plans and policies pertinent to this project are identified in La Quinta's General Plan, the General Plan EK the Specific Plan for the Village at La Quinta, the La Quinta Master Environmental Assessment, the Riverside County Health Department requirements for animal hospitals, and the City's CEQA Guidelines. There are no identified conflicts with the above documents or entities associated with the proposed animal hospital. The Village Specific Plan identifies the subject property as being in Area Four, where the plan proposes commercial office uses around the park. Figure 34 indicates that the property has an existing land use designation of "offices." An environmental assessment was prepared for the Village Specific Plan in which land use issues were included in the analysis. The Specific Plan was determined to be in conformance with the City's General Plan which designates the area Village Commercial. Potential uses are typically commercial in nature. The design features recommended in the Specific Plan are intended to ensure compatibility between land uses both within and adjacent to the Village Area (Source: Village Specific Plan EA, 1987). C. Would the project affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? No Impact. The La Quinta General Plan does not contain an agricultural land use designation although there are agricultural land uses extant in the south and southeastern portions of the City. Historically, there has been farming activity in several sections of the City, however, that has largely been replaced by resort and residential development over the past 15 years. The property involved in this project has been developed with commercial structures in the 1930's. There is no indication that the property was ever farmed (Source: La Quinta General Plan; Site Survey). D. Would the project disrupt or divide the physical arrangement of an established community (including a low-income minority community)? No Impact. The property is located within a developed subdivision. There are no proposed changes to the existing property configuration that would create a disruption to the physical arrangement of the village area. 7 3.2 POPULATION AND HOUSING Regional Environmental Setting Between 1980 and 1990, the population of La Quinta expanded 125%, as reported by the U.S. Census, making the City the second fastest growing city in the Coachella Valley. During that time period, the number of residents in La Quinta blossomed from 4,992 to 11,215. From 1990 to January of 1996, the population grew from 13,070 to 18,050. These figures are based upon information provided by the U.S. Census Bureau, the State Department of Finance, and the Coachella Valley Association of Governments (CVAG). La Quinta's population ranks sixth largest of the nine cities in the Coachella Valley. Annual average growth rate has been approximately 10% in recent years. The projected population of La Quinta by the year 2000 is anticipated to be 23,000 (Source: Community Development Department). The average age of a City resident is 32 years. Persons over the age of 45 make up 27% of the City's population (Source: 1990 Census). In addition to permanent residents, La Quinta has approximately 9,300 seasonal residents who spend three to six months in the City. It is estimated that 30% of all housing units in the City are used by seasonal residents (Source: Community Development Department). The total housing stock as of 1996, is listed at 9,352 units. Single family units make up 68 percent of the available housing stock. The housing unit breakdown is as follows: 8,624 detached single family, 481 multi -family units, and 247 mobile homes. The average number of persons per household is 3.15 (Source: Department of Finance 1996). Median home prices in La Quinta are approximately $112,000 which is lower than the average for Riverside County ($120,950), but less than other Southern California counties (Source: La Quinta Economic Overview 1996 Edition). Ethnicity information from the 1990 Census revealed that the composition of La Quinta's population is 70% Caucasian, 26% Hispanic, 2% Afro-American, 1.5% Asian, and 1.0% Native American. The 1990 Census indicates that 8 1 % of the La Quinta residents are high school graduates and 2 1 % are college graduates (Source: Census/Estimates). Local Environmental Setting The project site consists of a .220 acre parcel with an existing two-story structure and shed at the rear. The property has functioned as various commercial land uses since the 1930's. The existing residence upstairs places the property in a mixed -use commercial land use category. A. Would the project cumulatively exceed official regional or local population projections? 93 No Impact. The land use proposed for this project will consist of a business and residence. The business will have Z to 4 employees. The proposed conditional use permit will not have a significant effect upon the local or regional population projections. B. Would the project induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Less Than Significant Impact. The proposed conditional use permit will not impact major infrastructure as it has already been installed for the property. It is not anticipated that the animal hospital will induce substantial growth in the area, but rather serve the existing population. C. Would the project displace existing housing, especially affordable housing? No Impact. The proposed conditional use permit will not have an impact upon existing housing, except to reuse an existing residence that has been vacant in recent years. 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quinta has a gently sloping topography, except for the hillside area on the southern and western portions of the City. Elevations in the southeastern portion of the City reach 1,400 feet above msl. Slopes on the valley floor area of the City are gentle, except in the rolling sand dune areas. The alluvial soils that make up most of the City are underlain by igneous -metamorphic rock, as seen in outcrops in the Santa Rosa Mountains and the Coral Reef Mountains. Soils on the valley floor are made up of very fine grain unconsolidated silty sands. The Coachella Valley is underlain by hundreds of feet to several thousand feet of Quaternary fluvial, lacustrine, and aeolian soil deposits (Southland Geotechnical 1996:6). Local Environmental Setting The area where the property is located is in a historical village area part of the City. A review of historical aerial photographs and documents indicates that the site was constructed in the 1930's . The elevation of the property is at approximately 48 feet above mean sea level (Source: USGS La Quinta Quad Map), and the topography of the Village Area is essentially flat. There is an inferred earthquake fault line located approximately 1.3 miles to the south of the property. There has been no recorded activity along this fault line, thus there is a low probability for such activity to occur. The City of La Quinta lies in a seismically active region of Southern California. Faults in the region include the San Andreas and Mission Creek faults E a located several miles to the north and west. The project lies within Groundshaking Zone III with Zone XII being the most hazardous (Sources: Riverside County Comprehensive General Plan, La Quinta General Plan; La Quinta MEA). A. Would the project result in or expose people to potential impacts involving seismicity: fault rupture? No Impact. The proposed conditional use permit will not have any effect upon fault rupture issues. B. Would the project results in or expose people to potential impacts involving seismic ground shaking? Potentially Significant Unless Mitigated. The proposed location of the small -animal hospital is in a historic structure that was determined by the La Quinta Building Official to require structural reinforcement for seismic safety. The reinforcement of the main building is required prior to issuance of a Certificate of Occupancy. The Building Official will inspect the reinforcement according to the engineering specifications prepared for the property in accordance with the State Historic Building Code. C. Would the project result in or expose people to potential impacts involving seismicity: ground failure or liquefaction? Less Than Significant Impact. The proposed use will not have a significant effect upon ground failure or liquefaction issues, as the property is not within the La Quinta General Plan MEA designated liquefaction hazard area of the City. Liquefaction is not considered a potential hazard since the groundwater is believed to be deeper than 50 feet (the maximum depth that liquefaction is known to occur) (Source: La Quinta General Plan N EA, 1991). However, the Village Specific Plan Environmental Assessment states that the potential for liquefaction of the soils in the Village Area is considered to be moderate to high depending upon water table depth and the composition and density of the underlying alluvial deposits. Conformance with the latest Uniform Building Code and findings of site specific geotechnic analysis is expected to satisfactorily mitigate potentially adverse effects of future earthquake shaking on structures of two stories or less (Source: Village Specific Plan EA, 1987). The proposed animal hospital will not involve the construction of a new structure for which grading and trenching would be required, as well as building site compaction. Since there is no new construction, only the adaptive reuse of an existing' structure, there is no anticipated hazard from liquefaction for this request. D. Would the project result in or expose people to potential impacts involving seismicity: seiche, tsunami or volcanic hazard? 10 0 : ,` F No Impact. The City is located in an inland valley, separated from the Pacific Ocean by mountain ranges, and would not be subjected to a tsunami. Lake Cahuilla, a man-made reservoir located in the southeast portion of the City, might experience some moderate wave activity as a result of an earthquake and groundshaking. However, the lake is not anticipated to affect this project in the event of a levee failure or seiche because the lake is on the other side of the Coral Reef Mountains (Source: La Quinta MEA; La Quinta USGS 7.5' Quad Map). E. Would the project result in or expose people to potential impacts involving landslides or mudflows? No Mitigated. No mudflows are anticipated for this project, as the adjacent hills and mountains are formed of rocky granitic material. The general area of the project site is protected from flood waters by earthen training dikes and retention basins that are located at the periphery of the Cove and elsewhere in the City. The proposed conditional use permit will not be effected by this hazard issue as the property is located hundred to thousands of feet away from the hillsides. F. Would the project result in or expose people to potential impacts involving erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? No Impact. The proposed animal hospital will not be effected by erosion, excavation, grading or fill issues as the property is developed. G. Would the project result in or expose people to potential impacts involving subsidence of the land? Less Than Significant Impact. The project site is not located in an area designated for subsidence hazards. Dynamic settlement results in geologically seismic areas where poorly consolidated soils mix with perched groundwater causing dramatic decreases in the elevation of the ground (Source: La Quinta MEA). The proposed animal hospital is not anticipated to be effected by subsidence issues. H. Would the project result in or expose people to potential impacts involving expansive soils? No Impact. The Village Specific Plan states that the Village Area, located in the lower elevations of the Cove subdivision, near the location of the historic Lake Marshal, contains four soil series: Gilman Fine (GbA) is well drained, sandy loam with 0 to 2% slopes; Indio fine (Ip) and Indio very fine (Is) are well drained fine sandy loam; and Myoma fine sand (MaB) is excessively drained with 5 to 15% slopes. Construction in these soils would be subject to wind erosion. These soils are classified as prime agricultural land (Source: Village ,.y n .. i Specific Plan Environmental Assessment). However, most of the Village Area is subdivided and urban in nature. However, no new construction is proposed for the animal hospital that will require grading or exposure of soils to wind erosion hazards. The proposed conditional use permit will not have any effect upon soil issues. I. Would the project result in or expose people to potential impacts involving unique geologic or physical features? No Impact. The Coral Reef Mountains represent a unique geologic feature in the La Quinta area. This unique feature is located east of the project site. The proposed animal hospital will not have any impacts to unique geological or physical features as the property has been developed since the 193 0's. 3.4 WATER Regional Environmental Setting Groundwater resources in the La Quinta area consist of a system of large aquifers (porous layers of rock material containing water) and groundwater basins separated by bedrock or layers of soil that trap or retain groundwater. La Quinta is located above the Coachella Valley Groundwater Basin which is the major water supply for the potable water needs of the City as well as a significant supply for the City's nonpotable irrigation needs. Water is pumped from the underground aquifer via domestic water wells in the City operated and administered by the Coachella Valley Water District (CVWD). La Quinta is located primarily in the lower Thermal Subarea of the groundwater basin. The Thermal Subarea is separated into the upper and lower valley sub -basins near Point Happy, located southwest of the intersection of Washington Street and State Highway 111. CVWD estimates that approximately 19.4 million acre feet of water is stored within the Thermal Subarea which is available for use. Water pumped from the aquifer is treated and distributed to users through the existing (potable) water distribution system. Water is also pumped for irrigation purposes to water golf courses and the remaining agricultural uses in the City. Water supplies are augmented with surface water from the Colorado River transported via the Coachella Canal. The quality of water in the La Quinta area is highly suitable for domestic purposes. However, chemicals associated with agricultural production in nearby areas and the use of septic tanks in the Cove area affect groundwater quality. Groundwater is of marginal to poor quality at depths of less than 200 feet. Below 200 feet, water quality is generally good and water depths of 400 to 600 feet are considered excellent. 12 () .: S Percolation from the tributaries of the Whitewater River flowing into La Quinta from the Santa Rosa Mountains provide a natural source of groundwater replenishment. Artificial recharging of groundwater will be a necessary in the near future. Surface water in La Quinta is comprised of Colorado River water supplied via the Coachella Canal and stored in the Lake Cahuilla reservoir; lakes in private developments which are comprised of canal water and/or untreated groundwater; and the Whitewater River and its tributaries. The watersheds in La Quinta are subject to intense storms of short duration which result in substantial runoff. The steep gradient of the Santa Rosa Mountains accelerates the runoff flowing in the intermittent streams that drain the mountain watersheds. La Quinta is protected from this runoff by the existing flood control facilities located throughout the City. One of the primary sources of surface water pollution is erosion and sedimentation from development construction and operation activities. Without controls, total dissolved solids (TDS) can increase significantly from the development activities. The Clean Water Act requires all communities to conform to standards regulating the quality of water discharged into streams, including stormwater runoff. The National Pollutant Discharge Elimination System (NPDES) has been implemented as a two-part permitting process, for which the City of La Quinta participates. La Quinta is protected from storm water runoff by a stormwater system designed by Bechtel for the Coachella Valley Water District to protect currently developed and potentially developable areas of the City from damage during a major rainflood event. The system project was based on a flood control plan for the general area developed by Bechtel for the District in 1970. Construction was completed in November 1986 (Source: Bechtel Civil, Inc. 1989:1). Local Environmental Setting The project site does not have any natural standing water. Lake Cahuilla, a man-made reservoir is located approximately two miles to the southeast, on the other side of the Coral Reef Mountain. The Whitewater River channel is located slightly over 3 miles to the north of the project site, but is dry except during seasonal storms. The La Quinta Stormwater Channel is located over 1 mile to the north, and is a part of the community -wide network of flood control facilities. The City currently has only limited areas which are still subject to storm water flow or flooding. Flood prone areas are designated with a specific zoning district (Watercourse, Watershed and Conservation Areas: W-1). The intent of this zoning district is to allow development in flood prone areas based upon the submittal of a drainage and stormwater control plan. The City also implements flood hazard regulations for development within flood prone areas. 13 A. Would the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? No Impact. An approved drainage plan exists for the village/cove area. The proposed conditional use permit will not have any effect upon the drainage system for the immediate area (Source: City of La Quinta Engineering Department). B. Would the project result in exposure of people or property to water -related hazards such as flooding? Potentially Significant Unless Mitigated. The project site is within the Zone X designated flood hazard area in the Village Park area. The Zone X designation is the 100 year flood plain FIRM zone in which the hazard factors have been determined. There are existing flood control or drainage facilities on the periphery of the Cove subdivision that protect the general area. The proposed animal hospital will not have any affect upon the drainage system or flooding issues. However, the Village Area is within the boundaries of the 100 and 500 year Flood Plain established by FEMA. Development of the Village will increase the area of hard surfaces and the volume of surface water runoff. A Master Plan of Drainage has been adopted by the City. Implementation of the Mater Plan of Drainage will control and re -direct off -site and on -site runoff safely through the Village. Until completion of the master Plan System individual sites will require elevation of building pads above the flood level (Source: Village Specific Plan EA, 7.3). Since the subject property is already developed with structures, it is exempt from additional on -site flood -control improvements. C. Would the project result in discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? No Impact. Storm runoff from the project site is required to be directed into the existing drainage system for the Cove. There are no existing natural bodies of surface water on or adjacent to the project site to be impacted. D. Would the project result in changes in the amount of surface water in any water body? No Impact. There are no bodies of surface water on or adjacent to the subject property. The proposed conditional use permit is not anticipated to have any effect on any body of water. E. Would the project result in changes in currents, or the course or direction of water movements? No Impact. The proposed animal hospital will not have any effect upon currents or water movements as the subject property is not near any body of water. 14 F. Would the project result in changes in quantity of ground waters, either through direct additions or withdrawal, or through interception of an aquifer by cuts or by excavations? No Impact. Water supply in the City is derived from groundwater and supplementary water brought in from the Colorado River. The proposed animal hospital will occupy an existing structure already serviced by domestic water. Potable water to service this proposed use will most likely come from existing groundwater wells in the near vicinity. The proposed animal hospital will not have a significant effect upon ground water resources or issues. G. Would the project result in altered direction or rate of flow of groundwater? No Impact. The proposed use permit will not have a significant effect upon the direction or rate of groundwater flow. H. Would the project result in impacts to groundwater quality? Less Than Significant Impact. The proposed use of the subject property will not include any new hard surfaces, such as concrete and asphalt pavement, that would reduce the absorption ability of the ground. Storm water runoff will be discharged into Avenida Montezuma where it will be directed into existing community flood control facilities. Following a heavy rain, contaminates from the parking lot and landscape planters could be transported into the basins or into the nearby storm drains that could contribute to groundwater and/or surface water pollution. However, this potential impact is anticipated to be less than significant. The proposed conditional use permit is not anticipated to have any effect upon impacts to groundwater quality as structure footprints and existing pavement are not proposed to change. 3.5 AIR QUALITY Regional Environmental Setting The Coachella Valley is under the jurisdiction of the South Coast Air Quality Management District (SCAQNID), and in particular, the Southeast Desert Air Basin (SEDAB) division. SEDAB has a distinctly different air pollution problem than the South Coast Air Basin (SCAB). A discussion of the jurisdictional organization of SCAQMD and requirements is found in the La Quinta MEA. The air quality in Southern California region has historically been poor due to the topography, climatological influences, and urbanization. State and federal clean air standards established by the California Air Resources Board and the U. S. Environmental Protection Agency (EPA) are often exceeded. The SCAQMD is a regional agency charged with the regulation of pollutant emissions and the maintenance of local air quality standards. The SCAQMD samples 15 air at over 32 monitoring station in and around the Basin. According to the 1989 South Coast Air Quality Management Plan, SEDAB experiences poor air quality, but of a lesser extent than the SCAB. Currently, the SEDAB does not meet federal standards for ozone, carbon monoxide, or particulate matter (PM-10). In the Coachella Valley, the standard for PM-10 is frequently exceeded. PM-10 is a particulate matter 10 microns or less in diameter that becomes suspended in the air due to winds, grading activity, and by vehicles traveling on unpaved roads, among other causes. Local Environmental getting The City of La Quinta is located in the Coachella Valley, which has an and climate, characterized by hot summers, mild winters, infrequent and low annual rainfall, and low humidity. Variations in rainfall, temperatures, and localized winds occur throughout the valley due to the presence of the surrounding mountains. Air quality conditions are closely tied to the prevailing winds of the region. The City of La Quinta is subject to the SCAQMD AQMD, a plan which describes measures to bring the SCAB into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The General Plan for the City contains an Air Quality Element outlining mitigation measures as required by the Regional AQMP. The City is located within Source Receptor Area (SRA) 30, which includes two air quality monitoring stations, one located in the City of Palm Springs, and the other in the City of Indio. The Indio station monitors conditions which are most representative of the La Quinta area. The station has been collecting data for ozone and particulates since 1983. The Palm Springs station monitors carbon monoxide in addition to ozone and particulate and has been in operation since 1985. The La Quinta General Plan MEA/EIR indicates that the Village Area is in the Riverside portion of the southeast Desert Air Basin. This area has been designated as a non -attainment area for photochemical oxidants and suspended particular matter (TSP). Non compliance for ozone is largely the result of transport from the South Coast Air Basin via prevailing winds whereas non compliance for TSP is due to blowing sand and dust locally. Total emissions have been calculated for the build -out of Redevelopment Project No. 1 which includes the Village Area. The Village Specific Plan incorporates mitigation measures including improved circulation and public transportation facilities. Energy efficient building design is also encouraged. A. Would the project violate any air standard or contribute to an existing or projected air quality violation? 16 No Impact. The proposed animal hospital is not anticipated to have any effect upon air quality issues. No emissions specific to animal hospitals, such as incinerators or chemical fumes, are identified for this proposed use permit. B. Would the project expose sensitive receptors to pollutants? No Impact. The proposed animal hospital is not anticipated to have a significant effect upon sensitive receptors to pollutants. There will not be any over -night outdoor boarding or other outdoor activity that would create fumes or odors detectable to nearby residents. C. Would the project alter air movements, moisture, temperature, or cause any change in climate? No Impact. There are no significant climatic changes anticipated with the proposed animal hospital. The use will be inside an existing building that is relatively low -profile. D. Would the project create objectionable odors? Potentially Significant Unless Mitigated. The proposed animal hospital is not anticipated to result in any activity which may create objectionable odors, such as animal odors, since there will be no over -night outdoor kenneling. Animal waste could become malodorous if not disposed of daily. However, there are Health Department Codes that regulate animal hospital sanitation that the veterinarian and staff will be required to follow. Adherence with these regulations should prevent any odor problems to adjacent properties. Vehicles traveling on nearby streets generate gaseous and particular emissions that may be noticeable in the Village area. However, these would be short-term odors that should dissipate quickly. 3.6 TRANSPORTATION/CIRCULATION Regional Environmental Setting La Quinta is a desert community of over 18,600 permanent residents. The City is 31.18 square miles in size, with substantial room for development. The existing circulation system is a combination of early road work constructed in the 1930's by Riverside County and new roadways since incorporation of the City in 1982. Key roadways include State Highway 111, Washington Street, Jefferson Street, Fred Waring Drive, and Eisenhower Drive. Traffic volumes in La Quinta experience considerable seasonal variation, with the late -winter, early spring months representing the peak tourist season and highest traffic volumes. Data on automobile accidents is kept in the Public Works Department. 17 1 Existing transit service in La Quinta is limited to three regional fixed -route bus routes operated by Sunline Transit Agency. One bus route along Washington Street connects the City of La Quinta with the community of Palm Desert to the west. Two lines operate along Highway 111 serving trips between La Quinta and other communities in the desert. There are only a few existing pedestrian, bicycle and equestrian facilities in La Quinta, however, these systems will be expanded as the City grows. These facilities, both existing and future, are designated in the La Quinta General Plan. Local Environmental.'Vetting The subject project site is located west of Avenida Bermudas, east of Eisenhower Drive, on the south side of Avenida Montezuma. Avenida Montezuma is classified as a local street with a 60-foot right-of-way. The intersection of Avenida Montezuma and Eisenhower Drive is currently controlled by 4-way stop signs. Avenida Bermudas is classified as a secondary arterial with an 80-foot right-of-way. The intersection of Avenida Navarro and Avenida Montezuma is controlled by stop signs. Avenida Bermudas is designated as a bikeway corridor (Source: La Quinta General Plan). The La Quinta General Plan gives design standards for the various street classifications. According to the standards for major arterials, the projected buildout traffic volume for Eisenhower Drive, north of Calle Tampico, will be 16,400 Average Daily Trips (ADT), Eisenhower Drive, south of Calle Tampico, will be 21,400 ADT at buildout; and Avenida Bermudas will be 13,600 ADT at buildout. The existing daily traffic flow for Avenida Montezuma is estimated at not over 2,000 trips. The proposed animal hospital and accessory residence, is anticipated to create a total of 70 daily trips, cumulatively adding traffic to the local streets, but not significantly increasing traffic (Source: La Quinta General Plan). Eisenhower Drive, south of Calle Tampico, is a Secondary Image Corridor and a Secondary Gateway Treatment area at the intersection of Eisenhower Drive and Avenida Montezuma. Avenida Bermudas and Eisenhower Drive are designated Bikeway Corridors. A more detailed explanation of buildout traffic conditions and levels of service is found in the La Quinta General Plan (Source: La Quinta General Plan). The Village area circulation system was laid out to standards which are now considered inadequate. None of the village area streets have been constructed to its master planned width. Though not fully improved the existing streets are operating well below their capacity (Source: Village Specific Plan EA, 7.12). A. Would the project result in increased vehicle trips or traffic congestion? Less Than Significant Impact. The proposed animal hospital will contribute 60 trips per day to the local circulation system. The residence will contribute 10 trips per day. These trips 18 �lr�� will result in a cumulative impact, but not a singularly significant impact. The Village Specific Plan cites an average trilo generation factor for commercial uses of 50 trips per 1000 square feet of commercial building is applied to commercial uses in the Village area. Total trips anticipated to be generated by the proposed land use is 70 per day. The total buildout of the Village area would result in approximately 41,233 trips per day (Source: Village Specific Plan EA, 7.12). Based on this information, the proposed animal hospital will not have a significant adverse impact on the circulation system. B. Would the project result in hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? No Impact. There are no identified hazards from design features in the existing roadways or the proposed one-way drive aisle through the on -site parking compound for the animal hospital. Patrons will enter the compound through a gateway that will remain open during business hours and park in one of the designated spaces. They will exit through the rear gateway into the alley which will take them to Avenida Navarro or Eisenhower Drive. Avenida Montezuma is a one-way street which will restrict access to the property to a right -in turn movement only (Source: CUP 98-039 Site Plan). C. Would the project result in inadequate emergency access to nearby uses? No Impact. The proposed use of the property would not be permitted to obstruct emergency access to surrounding land uses. D. Would the project result in insufficient parking capacity on -site or off -site? No Impact. On -site parking will be provided for patrons, as well as street -side parking along Avenida Montezuma. The Off-street Parking Ordinance (Chapter 9.150 of the La Quinta Zoning Ordinance) requires veterinarian hospitals to have 1 parking space per 200 square feet of Gross Floor Area, not including overnight boarding areas. The clinic will be a total of 1,200 square feet, with a minimum requirement of 6 parking spaces, and the accessory residence will require 2 parking spaces per the Off -Street Parking Ordinance. There will be a total of 8 parking spaces provided, of which 1 will be handicapped, and 2 will be covered parking for staff. Covered parking for staff will be provided in the rear shed structure that will be remodeled for this purpose (Source: CUP 98-039 Site Plan). E. Would the project result in hazards or barriers for pedestrian or bicyclists? No Impact. The proposed animal hospital is located approximately half -way between Eisenhower Drive and Avenida Bermudas, both of which are designated by the City's General Plan as bikeway corridors. It is anticipated that hazards to bicyclists and pedestrians will not be increased significantly as a result of the proposed animal hospital because of the distance 19 from the subject property from the bikeway corridors (Source: La Quinta General Plan). The existing pedestrian walkway in front of the building will remain (Source: CUP 98-039 Site Plan). F. Would the project result in conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? No Impact. Bicycle racks are required for certain commercial land uses, but not veterinary hospitals (Source: La Quinta Zoning Ordinance). G. Would the project result in rail, waterborne or air traffic impacts? No Impacts. There is no rail service in the City of La Quinta. The closest rail line is approximately six miles to the north of the project site. There are no navigable rivers or waterways, or air travel lanes or airports within the City. Thus, there will be no impacts upon these issues. The closest airports are the Bermuda Dunes Airport, a small private facility located just south of Interstate 10, approximately six miles north of the project site and the Thermal Airport, located approximately six miles southeast of the project, on Airport Boulevard in the Thermal area (Sources: La Quinta MEA; USGS La Quinta 7.5' Quad Map; Site Survey). The proposed veterinarian hospital will not have any adverse impacts on this issue. 3.7 BIOLOGICAL RESOURCES Regional Environmental Setting The City of La Quinta lies within the Colorado Desert regional environment. Two natural ecosystems are found within the City, the Sonoran Desert Scrub and the Desert Transition. The disturbed environments within the City are classified as either urban or agricultural. A detailed discussion of these ecosystems is found in the La Quanta Master Environmental Assessment (1992). Local Environmental.Setting The project site is located in the urban ecosystem. The immediate area surrounding the subject property is developed with commercial buildings, graded vacant lots, a public park, and residential units. A. Would the project result in impacts to endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? c No Impact. The proposed animal hospital will not have any effect upon biological resources as the property has been developed since the 1930's. According to the General Plan MEA/EIR there are no known rare or endangered plant or animal species located in the Village area. Natural vegetation in the Village area is substantially disrupted. There are no known unique habitats within the area of the project. Remodeling of an existing structure for a new use is not expected to have any effect on plant or animal wildlife. B. Would the project result in impacts to locally designated species (e.g. heritage trees)? No Impact. There are no locally designated biological resources within the City of La Quinta. All significant biological resources are designated by the California Department of Fish and Game or the U.S. Fish and Wildlife Service (Source: La Quinta MEA). The proposed conditional use will not have any effect upon this issue. C. Would the project result in impacts to locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? No Impact. There are no locally designated natural communities found in or near the project site. Some of the surrounding parcels are developed with homes, commercial buildings, a park, or roadways. The parcels have been disturbed by grading to the extent that there are no existing or relic plant communities left (Source: La Quinta MEA; Site Survey). The proposed conditional use will not have any effect upon biological communities. D. Would the project result in impacts to wetland habitat (e.g. marsh, riparian, and vernal pool.)? No Impact. There are no natural wetlands, marshes, riparian communities, or vernal pools on the project site or nearby. The proposed conditional use will not have any effect upon wetland issues. E. Would the project result in impacts to wildlife dispersal or migration corridors? No Impact. The project site is surrounded by developed parcels which have effectively cut off migration corridors to and from the project site except to and from the Coral Reef Mountains. Wildlife corridors are still open in the Coral Reef Mountains which provide access to the higher mountains to the south. (Source: La Quinta MEA; Site Survey). The proposed conditional use will not have any effect upon wildlife corridors. 21 3.8 ENERGY AND MINERAL RESOURCES Regional Environmental Setting The City of La Quinta contains both areas of insignificant and significant Mineral Aggregate Resource Areas (SMARA), as designated by the State Department of Conservation. There are no known oil resources in the City. Major energy resources used in La Quinta come from the Imperial Irrigation District (IID), Southern California Gas Company, and various gasoline companies. Local Environmental Setting There are no oil wells or other fuel or energy producing facilities or resources on or near the project site. There is no significant resource to be mined, such as rock or gravel. The project site is located within MRZ-l. The MRZ-1 designation is applied to those areas where adequate information indicates that no significant mineral despots are present or where it is judged that little likelihood exists for their presence (Source: La Quinta MEA; Site Survey). A. Would the project conflict with adopted energy conservation plans? No Impact. The City of La Quinta does not have an adopted energy plan. The proposed conditional use will not have any effect upon this issue as the property has been developed with buildings and pavement since the 1930's. B. Would the project use non-renewable resources in a wasteful and inefficient manner? No Impact. Natural resources that may be used in the remodeling and retrofitting of the existing structures include air, mineral, water, sand and gravel, timber, energy, and other resources needed for construction and operation. Title 24 requirements shall be complied with for energy conservation. Any landscaping will also be required to comply with the City's landscape water conservation ordinance as well as the requirements of the Coachella Valley Water District (Source: La Quinta MEA; Water Conservation Ordinance; Coachella Valley Water District). 3.9 RISK OF UPSET/HUMAN HEATH Regional Environmental Setting Recent growth pressure has dramatically increased the City's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in food, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not yet present in the City of La Quinta, the existence of chemicals 22 utilized in dry cleaning operations, agricultural operations, restaurant kitchen cleaning, landscape irrigation and exposure to large scale electrical facilities may pose significant threats to various sectors of the population. Currently, there are no hazardous disposal waste sites located in Riverside County, although transportation of such material out of, and around, La Quinta takes place. Local Environmental Setting In order to comply with AB 2948-Hazardous Waste Management Plans and Facility Siting Procedures, the City of La Quinta adopted Ordinance 184 consisting of a Hazardous Waste Management Plan. The project site has not been used for any type of manufacturing or industry, and there has not been any known dumping of hazardous substances on the property (Sources: Site Survey; Aerial Photos). The Village Specific Plan states that it is not anticipated that uses located in the Village would be subject to risk of explosion or release of hazardous substances (Source: Village Specific Plan EA, 7.10). A. Would the project involve a risk of accidental explosion or release of hazardous substances (including not limited to oil, pesticides, chemical, or radiation)? Less Than Significant Impact. There is a minimal risk of exposure from chemicals, medicines, biomedical wastes, and x-ray equipment that may be used by the staff of the animal hospital. No other risks are anticipated by the proposed use. Storage of chemicals and medicines is regulated by the County Health Department. Use and protection of x-ray equipment is also subject to the regulations of the Health Department and equipment manufacturer. Mitigation for the x-ray emissions shall consist of construction of an x-ray room according to the specifications of the equipment manufacturer. Biomedical wastes will be stored in designated containers that are picked up on a regular basis by a certified carrier. B. Would the project involve possible interference with an emergency response plan or emergency evacuation plan? No Impact. Construction activities will be confined to the project site, except for minimal off site work as is necessary for project roadways, curbs, and gutters. These activities will not be permitted to interfere with emergency responses to the site or surrounding areas nor will it obstruct emergency evacuation of the area. Needed measures to divert and control traffic shall be implemented whenever required (Source: Site Plan). C. Would the project involve the creation of any health hazard or potential health hazards? 23 No Impact. There are no anticipated health hazards associated with the proposed use beyond those discussed above. D. Would the project involve exposure of people to existing sources of potential health hazards? No Impact. There are no identifiable health hazards associated with the proposed animal hospital other than those identified above (Source: CUP 98-039 Site Plan). E. Would the proposal involve increased fire hazard in areas with flammable brush, grass, or trees? No Impact. The proposed animal hospital will not have any effect upon fire hazard issues, since it will be located in an existing building for which fire protection is already provided. The response from the Fire Marshal for this project did not have any comments or concerns (Source: Fire Marshal comment, 3-5-98). 3.10 NOISE Regional Environmental Setting Noise levels in the City are created by a variety of sources within and outside the City boundaries. The major sources of noise include vehicles on City streets and Highway 111, and temporary construction noise. The ambient noise levels are dominated by vehicular noise along the highway and major arterial roadways. Local Environmental Setting The Village Specific Plan establishes land uses in conformance with the General Plan which was analyzed in the General Plan MEA/EIR. Development of the Village will result in increased traffic volumes and an increase in traffic noise. The General Plan and its MEA/EIR require appropriate noise analysis be conducted for projects within the City and that standards and design solution be established to address vehicular traffic. The application of these provisions will mitigate the impact of traffic noise on new developments and land uses (Source: Village Specific Plan EA, 7.6). The ambient noise level at the subject site is dominated by vehicle traffic noise from Avenida Montezuma. Residential areas are considered noise -sensitive land uses, especially during the nighttime hours. The nearest residential use is located south of the subject property. The State Building Code requires that interior noise level in buildings do not exceed CNEL 45. The General Plan of the City of La Quinta requires that exterior noise levels do not exceed CNEL 60 (Sources: Site Survey). 24 Ci 4 0 A. Would the project result in increases in existing noise levels? Less Than Significant Impact. It is anticipated that there will be a cumulative increase in existing noise levels for the immediate area of the subject property. There is potential for animal noises to be heard from outdoor exercise compounds during the day. There will not be any over -night outdoor boarding provided. B. Would the project result in exposure of people to severe noise levels? No Impact. The La Quinta General Plan regulates excessive noise and vibration in the City by establishing allowable noise levels for various land uses. The proposed remodeling will result in short-term impacts associated with construction activities. During construction, heavy machinery will be capable of generating periodic peak noise levels ranging from 70 to 95 dBA at a distance of 50 feet from the source. These high noise levels are short in duration and temporary with the construction phases of the project. Such high noise levels are not anticipated nor permitted after construction, or during the "operation" of the animal hospital (Source: La Quinta General Plan). 3.11 PUBLIC SERVICES Regional Environmental Setting Law enforcement services are provided to the City through a contract with the Riverside County Sheriffs Department. The Sheriffs Department extends service to the City from existing facilities located in the City of Indio. There is a small substation located within City Hall. The Department utilizes a planning standard of 1.5 deputies per 1,000 population to forecast additional public safety personnel requirements in La Quinta at buildout. Based on this standard, the City should have a police force of 25.5 officers, but is currently underserved. Currently, there are three officers per shift with three staggered shifts per day to serve La Quinta. In addition to patrol, there is also a target team, Community Services Officer, and School Resources Officer assigned to the City (Source: 10 1-3 01 Police Services Supporting Information). Fire protection service is provided to the City by Riverside County Fire Department through a contractual arrangement. The Fire Department administers two stations in the City; Station #32 on Frances Hack Lane, west of Washington Street, and Station #70, at the intersection of Madison Street and Avenue 54. The Fire Department is also responsible for building and business inspections, plan review, and construction inspections. Based upon a planning standard of one paid firefighter per 1,000 population, the City is currently underserved (Source: La Quinta MEA). Currently, there are two paid firefighters per shift at each of the two fire stations in La Quinta. Volunteers supplement the paid staff (Source: La Quinta Building & Safety Department). 25 Structural fires and fires from other man-made features are the most significant fire threats to the City. Hillside and brush fires are minimal as the hillside areas are virtually barren and the scattered brush on the valley floor is too sparse to pose a serious fire threat. Both the Desert Sands Unified School District and the Coachella Valley Unified School District serve different area of the City. There are two elementary schools, one middle school, and one high school within the City. The City is also within the College of the Desert Community College District. Library services are provided by the Riverside County Library System with a branch library located in the Village area of the City. The existing facility opened in 1988 and unadopted planning standards of 0.5 square feet per capita and 1.2 volumes per capita to forecast future facility requirements to serve the City. Utilizing this 1992 standard, the City was underserved in space but overserved in terms of volumes (Source: La Quinta MEA). Health care services are provided in the City through JFK Memorial Hospital in Indio, and the Eisenhower Immediate Care Facility in the 111 Center. The Eisenhower Medical Center is located in Rancho Mirage. The Riverside County Health Department administers a variety of health programs for area residents and is located in Indio. Paramedic service is provided to the City by Springs Ambulance Service. Animal control services are provided by the City of La Quinta, with impoundment contracted to the County Animal Shelter. Local Environmental getting The nearest City fire station to the project site is Station #32 located at the northwest corner of the project site. Governmental services in La Quinta are provided by City staff at the Civic Center, and by other County, state, and federal agency offices located in the desert area or region. The project site will be serviced by the local schools. A. Would the project have an effect upon, or result in the need for new or altered governmental services in relation to fire protection? Less Than Significant Impact. The proposed conditional use is not anticipated to have a significant impact on governmental services for fire protection. There will be a cumulative impact. The Fire Marshal has reviewed the proposed land use and does not have any requirements or comments. B. Would the project have an effect upon, or result in the need for new or altered government services in relation to police protection? 26 0A Less Than Significant Impact. The proposed conditional use is not anticipated to have a significant effect upon the need for police protection. The Sheriff's Department has reviewed the proposed land use and does have recommendations for building security. C. Would the project have an effect upon, or result in a need for new or altered government services in relation to school services? Less Than Significant Impact. The proposed conditional use is not anticipated to have any direct effect upon impacts to the school system. However, school mitigation fees to Desert Sands Unified School District will be mandatory for the remodel of the building as it is over 500 square feet in size (Source: La Quinta Building & Safety Department). D. Would the project have an effect upon, or result in a need for new or altered government services in relation to the maintenance of public facilities, including roads? Less Than Significant Impact. The proposed conditional use is not anticipated to have a significant effect upon public facilities or roads, however, there will be cumulative impacts. E. Would the project have an effect upon, or result in a need for new or altered government services in relation to other governmental services? Less Than Significant Impact. Building, engineering, inspection, and planning review needed for the project will be partially offset by application, permit and inspection fees charged to the applicant and contractors. The proposed conditional use is not anticipated to have a significant impact upon this issue. 3.12 UTILITIES Regional Environmental Services The City of La Quinta is served by the Imperial Irrigation District (IID) for electrical power supply and The Gas Company (TGC) for natural gas service. Existing power and gas lines and substations are found throughout the City. IID has four substations in La Quinta, with electricity generated by a steam plant in El Centro and hydroelectric power generated by the All American Canal. General Telephone Exchange (GTE) provides telephone services for the City. Media One Cablevision serves the area for cable television service. The Coachella Valley Water District (CVWD) provides water and sewer service to the City. CVWD obtains its water from underground aquifers and from the Colorado River. CVWD operates a water system with potable water pumped from domestic water wells in the City. The wells range in depth from 500 to 900 feet. Potable water is stored in five reservoirs located in the City. 27 The City's stormwater drainage system is administered by the CVWD, which maintains and operates a comprehensive system to collect and transport flows through the City. The City is served by Waste Management of the Desert for solid waste disposal. Nonhazardous, mixed municipal solid waste is taken to three landfills within the Coachella Valley. Local Environmental getting The project is surrounded by developed areas. All utilities exist to the subject property. A. Would the project result in a need for new systems, or substantial alterations to power and gas service? No Impact. The proposed conditional use is not anticipated to have any effect upon power or gas service. B. Would the project result in a need for new systems, or substantial alteration to communication systems? No Impact. The proposed conditional use is not anticipated to have any effect upon communication systems. C. Would the project result in a need for new systems, or substantial alterations to local or regional water treatment or distribution facilities? No Impact. The proposed conditional use will not have any effect upon regional water treatment systems. D. Would the project result in a need for new systems, or substantial alterations to sewer services or septic tanks? No Impact. The proposed conditional use will not result in the generation of any additional impacts to sewer systems. E. Would the project result in a need for new systems, or substantial alteration to storm water drainage? No Impact. The proposed conditional use will not have any effect upon the provision of storm water drainage, as the drainage system is completed for the Village area. F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? 28 €� A A No Impact. The proposed use will require solid waste disposal services from Waste Management of the Desert, the current purveyor of solid waste collection. Solid waste may be transported to the three existing landfills in the Coachella Valley. The proposed conditional use will not have a significant impact upon solid waste services. 3.13 AESTHETICS Regional Environmental.Setting The City of La Quinta is partially located within a desert valley cove. There are nearby hillsides to the west and south of the City. Views of the desert and surrounding mountains are visible on clear days throughout most of the City. Local Environmental Setting The project site is located in a commercial zoned area in the historic village portion of the City, as defined by the Village Specific Plan and the City's Zoning Map. The Cove residential area immediately to the south, allows a maximum of 17 feet for a single family residence. Views from the project site consists of the Santa Rosa and Coral Reef Mountains to the south and southeast, the alluvial fan area to the southwest, and the open valley floor to the north and northeast (Source: Site Survey; La Quinta MEA). A. Would the project affect a scenic vista or scenic highway? No Impact. The proposed land use will not affect a scenic vista or scenic highway as it is to be located within an existing building. No new structures will be built. The nearest scenic highway is several miles north of the subject property. B. Would the project have a demonstrable negative aesthetic effect? Less Than Significant Impact. The proposed land use will be required to comply with architectural and landscaping policies and ordinances of the City in effect at the time of development. Proposed signs will match the colors of the outside of the building. Proposed landscaping has been reviewed for appropriateness to the environment and the architecture of the existing buildings. C. Would the project create light or glare? Less Than Significant Impact. Exterior security lighting will cumulatively contribute to the existing light and glare in the City. All such lighting fixtures shall be required to comply with the Dark Sky Ordinance and other policies of the City, in order to reduce the impact. The proposed land use is not anticipated to significantly impact the area with additional light and glare. 29 (f 1 r 3.14 CULTURAL RESOURCES Regional Environmental Setting A portion of the prehistory of the La Quinta area is known through the archaeological record gained from various archaeological investigations over the past twenty years, and from extensive ethnographic information. A discussion of the prehistory and history of La Quinta is provided in the Draft Historic Context Statement of the City of La Quinta. Other discussions are found in the La Quinta General Plan and the Master Environmental Assessment. Local Environmental Setting The project site is located in the Village portion of the City. There are recorded archaeological sites within a one mile radius of the project site. The subject property was surveyed and documented for its' historical significance, in 1997, by Mellon & Associates. A State of California, Department of Parks and Recreation, Primary Record (DPR 523A) was completed for the property on September 18, 1997, and classified as an HP6 Commercial Building, 1-3 Stories. The Building was known as the John Cody Building, among other names. A. Would the project disturb paleontological resources? No Impact. The proposed conditional use will not involve any grading or excavation that would reach the depths of paleontological resources (Source: CUP 98-039 Site Plan). B. Would the project affect archaeological resources? No Impact. The proposed conditional use will not involve any grading or excavation that might expose subsurface archaeological resources. There is no record of any archaeological survey for prehistoric resources prior to construction of the buildings on the property in the mid-193 0's. C. Would the project affect historical resources? Less Than Significant Impact. The proposed conditional use as proposed will not have a significant adverse impact upon the existing historic structures. The proposed wooden free- standing sign to be located in front of the building will serve as mitigation for any building - mounted signs that would adversely impact the building. The design of the signs is appropriate for the architecture of the buildings. D. Would the project have the potential to cause a physical change which would affect unique ethnic values? 30 No Impact. There is no identifiable unique ethnic value to the proposed project site, other than the historicity of the structures on the property. The proposed conditional use will not have any effect upon such values. E. Would the project restrict existing religious or sacred uses within the potential impact area? No Impact. There are no known current or past religious uses or sacred uses on the subject property. 3.15 RECREATION Regional Environmental Setting The City of La Quinta has an adopted Parks and Recreation Master Plan that assesses the existing resources and facilities and the future needs of the City. The City has approximately 28.7 acres of developed parkland for Quimby Act purposes. The 845 acre regional Lake Cahuilla Park is not included in this count. There are also unimproved bike and equestrian corridors within the City and designated pedestrian hiking trails. Local Environmental Setting The project site is a developed property with a historic main building and out -buildings. There is no evidence that there have been any organized or approved recreational uses on the property. The proposed conditional use permit would allow for a small animal veterinary clinic with accessory residence to locate within the buildings. A. Would the project increase the demand for neighborhood or regional parks or other recreational facilities? No Impact. The proposed conditional use will not have any impact upon public or private recreation amenities as the subject property is a commercially designated property with no recreational facilities. B. Would the project affect existing recreational opportunities? No Impact. The proposed conditional use would not have any effect upon existing recreational opportunities as it is a mixed -use commercial property. SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE The proposed conditional use will not have significant adverse impacts on the environmental issues addressed in the checklist and addendum. The following mandatory findings of 31 significance can be made as set forth in Section 15065 of the CEQA Guidelines, and based on the results of this environmental assessment: * The proposed land use will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. * The proposed land use will not have the potential to achieve short term goals to the disadvantage of long-term goals, with the successful implementation of mitigation. * The proposed land use will not have impacts which are individually limited but cumulatively considerable when considering planned for proposed development in the immediate vicinity. * The proposed land use will not have environmental effects that will adversely affect human, either directly or indirectly, with the implementation of mitigation. SECTION 5: EARLIER ANALYSES A. Earlier Analyses Used. In 1996, EA 96-334 was prepared for Certificate of Appropriateness 96-002. EA 96-334 assessed the potential impacts to the environment from the proposed seismic retrofit of the historic buildings on the subject property. A Mitigated Negative Declaration of Environmental Impact was certified for that assessment by the City Council on February 4, 1997. Utilized in the current analysis was the La Quinta Master Environmental Assessment (MEA), prepared in 1991, in conjunction with the 1992 General Plan Update and related EIR. Also, the Specific Plan for the Village at La Quinta and related environmental assessment, adopted by the City Council February 2, 1988, were incorporated into this analysis. B. Impacts Adequately Addressed. All potential impact/issue areas are considered to be adequately addressed with this environmental assessment. Certification of this EA by the Planning Commission will confirm the adequacy of the environmental assessment. C. Mitigation Measures. Mitigation measures are included for the proposed small animal hospital. 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CD 00 0 a) Cl of a) + •- (L) Cl CO M cn 0UQ(mo C7 Z a) N cm .0 Cl Q +r C .wJ N a) b- cn Q m 00 c *' aai w� E0 E �- iT, E a °) O CD ca U o fA C M CL U j O U c Q coca n' CD 0 U •0 °) C7 W 0 W m N 'D O cc to C o6 O O C 0 00 Mtn OC U N U U� >- U O CL iL, W Q E O) Q Cl N ?: U S� Q fn w E O u U ° U F- w c cm Q U a et N -� CD � Q M -CD A Z O F� U W F- Q 0 W } U M Z O Q LLJ a U W O= U U Q cc W F- _ U C7 Z_ cc O O Li. Z J R m O ~ Z Z 00 IL 0 � W N .]C a Z O s� Q a W U Q) U N W Z O o `�`° 0}C Q Q o� 0 c U Q ui coo o a 'P w CD t :3 Q N CWC co a E U w am v �' O Cl) N o m ( W a) o ri z 0 cc co z PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 98-039 TO ALLOW A SMALL - ANIMAL VETERINARY HOSPITAL WITH ACCESSORY RESIDENCE AT 77-895 AVENIDA MONTEZUMA CASE NO. CONDITIONAL USE PERMIT 98-039 KATHRYN J. CARLSON, DVM WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of April, 1998, hold a duly noticed Public Hearing, at the request of Kathryn J. Carlson, DVM, to consider Conditional Use Permit 98-039 for a small - animal veterinary hospital with accessory residence, and limited grooming and boarding services, located at 77-895 Avenida Montezuma; and, WHEREAS, the Historic Preservation Commission of the City of La Quinta, California did, on the 2nd day of April, 1998, hold a duly noticed meeting as requested by Kathryn J. Carlson, DVM, to consider Conditional Use Permit 98-039, did by Minute Motion 98-_ recommend to the Planning Commission approval of Conditional Use Permit 98-039; and, WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following findings to justify the approval of said Conditional Use Permit: 1 . The design and improvements of the proposed Conditional Use Permit 98-039 are consistent with the current goals and objectives of the La Quinta General Plan, and the Village Specific Plan, in that the small -animal veterinary hospital and accessory residence meet the policies and goals for small businesses offering goods and services in the Village commercial area. 2. Conditional Use Permit 98-039 is consistent with current standards of the Zoning Code in that the existing Zoning District is VP (Village Park) that provides for approval of certain uses deemed desirable in the Village downtown for the convenience of residents and visitors, but have impacts which must be mitigated by conditions specific to each proposed use. 3. Conditional Use Permit 98-039 is consistent with the standards of the City's Subdivision Ordinance in that the design for access and circulation will consist of one way access through the property from Avenida Montezuma to a rear alley. 01 4. The design of the small -animal hospital and accessory residence are not likely to cause serious public health problems, or adversely impact the general public welfare or safety, in that the Fire Department, Community Development Department, and the City's Building & Safety Department have reviewed the project for these issues with no significant concerns identified. 5. The design of the adaptive reuse is not likely to cause substantial environmental damage, or substantially, and unavoidable injure fish or wildlife, or their habitat, in that Environmental Assessment 98-355, prepared for the conditional use permit, did not identify any significant impacts for this issue. 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 correct and constitute the findings of said Planning Commission in this case; 2. That it does hereby approve the above described Conditional Use Permit, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 14th day of April, 1998, 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 PLANNING COMMISSION RESOLUTION 98- CONDITIONS OF APPROVAL -RECOMMENDED CONDITIONAL USE PERMIT 98-039 - KATHRYN J. CARLSON, DVM. APRIL 14, 1998 GENERAL CONDITIONS OF APPROVAL Applicant agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this use. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 2 The use and development of this site shall be in conformance with the approved exhibits contained in Conditional Use Permit 98-039, unless otherwise amended by the following conditions. The approved Conditional Use Permit shall be used within two years of the date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the establishing of a small -animal veterinary hospital with limited boarding and animal grooming services and a second story residence for the veterinarian or staff caretaker. A time extension may be requested as permitted in Municipal Code Section 9.200.080D. 4. The building -mounted hanging sign shall be reduced to that size necessary to accommodate a maximum street address number size of six inches. 5. The landscape design shall be revised to show dwarf variety of mock orange, instead of mock orange, in the planter area in front of the building. ATTACHMENT 1 NK Q 080 ® /�� 3 c o J—1 z i"� �c rQ 7 O 0 4 ` Q 9 0, Lti 600 /Q Jr • ^ 7°�ti Jc ' 6 \ p 1 .14 Ja BO O '1 �` [I Je &0 04 CALLS HI D A L G O M CASE MAP CASE Na, CUP 99-039 VILLAGE PARK ANIMAL HOSPITAL KATHRYN J. CARLSON, DVM NORTH SCALE: ATTACHMENT 2 h .� I. - in w wV f� 04-07-1998 02 : 44PM FROM TO A��; f-ME N T ma it 2L W Mw as my W W z ot .J CL mw/ a aCA a0 �w = V 4c a _J >a TOTAL P.01 04-07-98 14:82 RECEIVED FROM:6195647910 P.01 ATTACHMENT e ATTACHMENT # PLANNING COMMISSION F'H #B STAFF REPORT DATE: APRIL 14, 1998 CASE NO.: TENTATIVE TRACT 26855, FIRST TIME EXTENSION APPLICANT: SUMBAD AND SHARRON KANLIAN LOCATION: EAST SIDE OF JEFFERSON STREET APPROXIMATELY 660 FEET SOUTH OF 50TH AVENUE (ATTACHMENT 1) REQUEST: APPROVAL OF A FIRST TIME EXTENSION FOR TENTATIVE TRACT MAP 26855 WHICH CREATES 73 SINGLE FAMILY LOTS ON 23 + ACRES IN THE LOW DENSITY RESIDENTIAL (RL) ZONE ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT 91-194 WAS CERTIFIED BY THE CITY COUNCIL ON JANUARY 5, 1992. AN ADDENDUM HAS BEEN PREPARED TO ADDRESS NOISE AND CULTURAL RESOURCES. THE COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT NO SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CANNOT BE MITIGATED WILL RESULT FROM THIS PROJECT. THEREFORE, A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IS RECOMMENDED FOR CERTIFICATION. GENERAL PLAN LAND USE DESIGNATION: LOW DENSITY RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) SURROUNDING ZONING AND LAND USES: NORTH: NEIGHBORHOOD COMMERCIAL (NC)- WITH EQUESTRIAN OVERLAY & LOW DENSITY RESIDENTIAL (RL)- WITH EQUESTRIAN OVERLAY; SINGLE FAMILY RESIDENCES SOUTH: LOW DENSITY RESIDENTIAL (RL); SINGLE FAMILY RESIDENCE AND CITRUS GROVE EAST: LOW DENSITY RESIDENTIAL (RL); VACANT AND SINGLE FAMILY RESIDENTIAL WEST: TOURIST COMMERCIAL (TC) AND LOW DENSITY RESIDENTIAL (RL); VACANT AND SINGLE FAMILY RESIDENTIAL, GOLF COURSE. C : \perpt'I'1'26 R 5 5 eat. wpd BACKGROUND: Tentative Tract Map 26855 was originally approved by the City Council on January 5, 1992. The tentative tract map was given a three year approval. Senate Bill 428 (effective September 13, 1993) extended the project approval for an additional 24 months, to January 5, 1997, and Assembly Bill 771, automatically extended for an additional 12 months all tentative maps that had not expired prior to May 14, 1996, extending the expiration date of TTM 26855 to January 5, 1998. The applicant filed for a first time extension on December 23, 1997. The requested time extension would be for one year and would expire on January 5, 1999. SUBDIVISION DESIGN: The subdivision, 23.5 acres, includes 73 single family residential, private street, landscape, and retention basin lots. The project site is primarily vacant except for a single family residence located in the northwest corner of the property, near Jefferson Street, on a dune. The property is irregularly shaped with frontage on Jefferson street and a 30-foot wide access easement to 50th Avenue. The site is relatively flat except for the area where the existing single family residence is located. The subdivision takes access off of Jefferson Street near the northern end of the property. Access is limited to left turns in and right turns in and out. A center median will prohibit left turns out. The internal road system is designed to provide secondary access at the southerly end of Lot "A" through Tentative Tract 26718, located adjacent to the south. A reciprocal access agreement is required to allow access through each property should one tract develop before the other. The applicant shall provide an approved alternative emergency access easement, if this can not be accomplished. The proposed lot sizes are a minimum of 10,000 square feet with the average lot size being 10,825 square feet. The RL Zoning District requires a minimum lot size of 7,200 square feet. The retention facility at the southeast corner of the tentative tract is a portion of a shared basin with Tentative Tract 26718. Each tentative tract will be required to have a reciprocal easement on the entire retention basin area to ensure that an adequate facility will be constructed for either tract, should one of the tracts not be developed. This easement is to be recorded prior to approval of the final map. A homeowner's association will be formed to maintain the retention basin, common landscaped areas, private roads, entry gate facilities, and perimeter landscaping. A 20-foot deep landscaped lot is being provided along Jefferson Street as required by the General Plan. A meandering sidewalk is required according to current standards. C:\perptTT26955ext.wpd T26855ext.wpd ENVIRONMENTAL ASSESSMENT: Environmental Assessment 91-194 was prepared for the original project approval and certified by the City Council on January 5, 1993. An Addendum to the Environmental Assessment was prepared for the requested First Time Extension to add analysis for noise and cultural resources. FINDINGS: Recommend approval of the requested time extension. The following findings can be made: 1. The proposed tentative tract map is consistent with the City of La Quinta General Plan in that the design of the low density residential subdivision meets General Plan Policy 2-1 .1.5 requiring a residential product type characterized by single family detached homes on large or medium size lots. 2. The design or improvement of the proposed subdivision is consistent with the City of La Quinta General Plan in that the proposed lots exceed the minimum 7,200 square foot lot size, has an on -site drainage and flood water retention facility, and internal circulation system acceptable to the City Engineer. 3. The site is physically suitable for the type of development in that the slope and topographic relief is relatively flat, and the soil type is suitable for residential development. 4. The site is physically suitable for the proposed density of development in that the overall density of the proposed tentative tract is 3.17 which is within the permitted density range of 2 to 4 dwelling units per acre. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitats in that a Mitigated Negative Declaration of Environmental Impact was certified for EA 91-194 by the City Council on January 5, 1992. 6. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that the Fire Marshal, Sheriff's Department, and the City's Building and Safety Department has reviewed the request for the first time extension for Tentative Tract 26855 for potential public health problems and made recommendations for conditions and mitigation measures for project approval. 7. The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision in that the proposed internal streets will be privately owned and maintained, and that there will be no publicly - owned improvements within the tentative tract map. CAperptI F26855ext.wpd RECOMMENDATION: By adoption of Planning Commission Resolution 98-_, recommend certification of a Mitigated Negative Declaration of Environmental Impact for Amended Environmental Assessment 91-194; and, By adoption of Planning Commission Resolution 98-_, recommend approval of a first time extension for Tentative Tract Map 26855, subject to conditions. Attachments: 1. Location Map 2. Tentative Tract Map Exhibits Prepared by: L6slie Mouriquand, Assoiciate Planner i Submitted by: Christine di lorio, Planning Manager C:\perpt I'T26855ext.wpd PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, ENVIRONMENTAL ASSESSMENT 91-194 - AMENDMENT 1 FOR TENTATIVE TRACT MAP 26885- FIRST TIME EXTENSION, LOCATED ON THE EAST SIDE OF JEFFERSON STREET APPROXIMATELY 660 FEET SOUTH OF 50T" AVENUE. ENVIRONMENTAL ASSESSMENT 91-194- ADDENDUM 1 SUMBAD AND SHARRON KANLIAN WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of April, 1998, hold a duly -noticed Public Hearing as requested by Walter Hansch on Environmental Assessment 91-194 - Addendum 1, addressing noise and cultural resources for Tentative Tract 26885- First Time Extension, generally located on the east side of Jefferson Street, approximately 660 feet south of 50`h Avenue, more particularly described as follows: A PORTION OF THE NW 1 /4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN. WHEREAS, a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 91-194 was certified by the City Council on January 5, 1993, by Resolution 93-1; and, WHEREAS, said Amended Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83-63, in that the Community Development Director has conducted an Initial Study, and has determined that although the proposed tract amendment could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made conditions of approval for Environmental Assessment 91-194- Amendment 1, and a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make findings to justify the recommendation for certification of said P:\LESLIE\pcearesoTT26885ext.wpd Planning Commission Resolution 98- Amended Environmental Assessment; and, WHEREAS, at said Public Hearing, said Amended Environmental Assessment was recommended for certification based on said findings and subject to certain mitigation measures; and, WHEREAS, the following facts to justify recommending certification of said Amended Environmental Assessment are made: 1 . The First Time Extension for Tentative Tract 26885 is consistent with the Low Density Residential land use goals and objectives of the La Quinta General Plan, in that the Tentative Tract is in keeping with Goal 2-1 to develop low density residential areas with generous areas of open space. 2. The subject site is physically suitable for the Tentative Tract 26885- First Time Extension in that the slope and topographic relief of the project site is relatively flat, and the soil type is suitable for residential development. 3. Tentative Tract 26885-First Time Extension is consistent with the development standards of the Municipal Zoning and Land Division Ordinance, as the project site is zoned R-L (Low Density Residential), which permits minimum lot sizes of 7,200 square feet or more. 4. The design of Tentative Tract 26885 will not cause adverse environmental impacts to cultural resources or from noise impacts as these resources have been investigated, and mitigation measures included in the Conditions of Approval that will reduce the impacts to a level less than significant. 5. Proposed Tentative Tract 26885 is not likely to cause public health problems as the project has been reviewed by the Fire Department and the Building & Safety Department for those specific issues. 6. The design of Tentative Tract 26885 will not conflict with existing public easements, as the project has been designed around, and with consideration for, these easements. 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 correct and constitutes the findings of the Planning Commission in this case; PALES LIE\pcearesoTT26885ext.wpd Planning Commission Resolution 98- 2. That it does hereby concur with the environmental determination and recommend certification of Environmental Assessment 91-194 - Addendum 1, for the proposed Tentative Tract 26885- First Time Extension. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 14th day of April 1998, 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 P:\LESLIE\pcearesoTT26885ext.wpd ADDENDUM ENVIRONMENTAL ASSESSMENT 91-194 TENTATIVE TRACT 26855- FIRST TIME EXTENSION This Addendum is to supplement Environmental Assessment 91-194 prepared for Tentative Tract 26855. a. & b. A Noise Study was prepared by RKJK & Associates, Inc. on February 18, 1998 for Tentative Tract 26718 and 26885 together. The purpose of the study is to identify the noise mitigation measures necessary to meet the City of La Quinta's noise standards. The results of the noise study indicate that future vehicle noise from Jefferson Street and Avenue 50 is the principal source of community noise that will impact the site. Noise levels on the project site will meet the City's outdoor 60 dBA CNEL exterior standard for outdoor areas and 45 dBA CNEL interior noise standards if the recommended mitigation measures are implemented. These measures consist of: (1) Structures must have a "windows closed" condition requiring a mechanical ventilation system and upgraded windows with a minimum sound transmission class rating of 28 for Lots 1 and 73; and (2) an 8.5-foot high sound barrier is required, which can include the combination of a 2.5-foot high earthen berm and a 6-foot high solid masonry block wall on top of the berm. The time extension will be conditioned to require the berm and a decorative solid masonry block wall. 20. Cultural Resources a. & b. A cultural resources investigation for Tentative Tracts 26855 and 26718 was conducted together, in February, 1998, by CRM TECH. The investigation included a historical/archaeological resources records search, historical background review, and an intensive field survey of the project area. There were no historical resources or important archaeological resources identified during the investigation. The report recommends that the City of La Quinta may reach a finding of "No Impact" regarding cultural resources. No mitigation measures were deemed necessary. The City's Historic Preservation Commission reviewed and accepted by Minute Motion 98-004, the report on April 2, 1998. I. Background Environmental A, essment No.�- Case No. ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent 2. Address & Phone Number of Proponent �! S7�- 3. Date Checklist Prepared �v l 31 4. Agency Requiring Checklist _ G1 5. Name of Proposal, if applicable p i-- CA II. Environmental Impacts (Explanation of "yes" & "maybe" answers are required on attached sheets.) YES MAYBE NO 1. Earth. will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or X over covering of the soil? c. Change in topography or ground surface — relief features? d. The destruction, covering or modification of any unique geologic or physical features. e. Any increase in wind or water erosion of X — soils, either on or off the site? .or f. Changes in deposition erosion of beach or changes in siltation, deposition sands or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 9 . Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure or similar hazards? FORM.009/CS -1- 2. Air. will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature or any change in climate, either locally or regionally? 3. water. will the proposal result in: a. Changes in currents or the course of direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or with - drawls, or through interception of an aquifers by cuts or excavations? h. Substwaterotherwise aothal reduction availablethe foramount public f water water supplies? J. Exposure of people or property to water related hazards such as flooding or tidal waves? 6- Zo#- L YES MAYBE NO X X X IX X y YES MAYBE NO 4. Plant Life. will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including & aquatic plants)? trees, shrubs, grass, crops, b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X d. Reduction in acreage of agricultural crops? 5. Animal Life. will the proposal result in: X a. Change in the diversity of species, or species of animals (birds, numbers of any land animals including reptiles, fish & shellfish, benthic organisms or insects)? X b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? x d. Deterioration to existing fish or wildlife habitat? 6. Noise. will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? ?. Light and Glare. will the proposal produce X new light or glare? 8. Land Use. will the proposal result in a k substantial alteration of the present or planned land use of an area? 9. Natural Resources. will the proposal result in: a. Increase in the rate of use of any X natural resources? 0 YES 10. Risk of Upset. will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including but not limited to lnithepesticides, anchemical accidentr radiation) or upset conditions? 11. Population. will the proposal alter the n location, distribution, density, or of an area? growth rate of the human pop 12. Housing. will the proposal affect existing housing, or create a demand for additional housing? MAYBE NO K will the proposal result in: 13. Transportation/Circulation. a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities or demand for new parking? J /— c. Substantial impact upon existing — transportation systems? d. Alterations to present patterns of of circulation or movement people and/or goods? e. Alterations to waterborne, rail or air — traffic? yl f. Increase rds to motor ibicyclists n traffic horapedestrians? vehicles, 14. Public Services. will the proposal have an wtor result in a need for new effect upon, or altered governmental services in any of he following areas: — a. Fire protection? b. Police protection? ✓^ c. Schools? d. Parks or other recreational facilities? public facilities & roads? e. Maintenance of p — ✓ f. Other governmental services? l -- YES 15. Energy. Will the proposal result in: a. Use of substantial amount of fuel or energy? b. Substantial increase in demand rpo existing sources or energy, quire the development of new sources of energy? 16. Utilities. Will the proposal result in a need for alterationswto them substantial followingutilities: alterations a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or — potential health hazard '(excluding mental health). 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or proposal view open to the public, or will the prop result creation aesthetically offensive siteopento publicview? 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources a. Will the proposal result in the alter- ation of or, the destruction of a pre- historic or historic archaeological site? b. Will the proposal result in adverse — physical or aesthetic effects to astructure prehistoric or historic building, or object? MAYBE NO - . K YES c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population drop below self lantaorianimalecommunitythreaten to eliminate a p reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the ajo periods of California history prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one in which occurs in a relatively brief definitive period of time while long-term impacts will endure well in the future). c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant). d. Does the project have environmental effects which will cause substantial adverse effects on human beings, directly or indirectly? III.Discussion of (Narrative descriptioneofa l Evaluation (Nararenvironmental impacts.) MAYBE NO K f< —.. n n n I— - 0;- IV. Determination (To be completed by the Lead Agency). On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a asuresteffect describednonhis case an attachedause sheethe mitigationn measures eme have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find onetheproposed environment, a dect Yanhave ENVIRONMENTALsignificant effect IMPACT REPORT is required. Signatu a of Preparer Date PROJECT: Tentative Tract 26855 ENVIRONMENTAL IMPACT ANALYSIS INITIAL STUDY I. PROJECT DESCRIPTION Tentative Tract Map 26855 application proposes the subdivision of +24 acres into 73 lots. The proposed development is located approximately a quarter of a mile south of 50th Avenue on Jefferson Street. II. ENVIRONMENTAL CHECKLIST The environmental checklist completed for this project shows the potential environmental impact of this project III. MITIGATION MEASURES The environmental checklist identified areas where an environmental impact will take place as a consequence of the proposed development. The following pages discuss these impacts and mitigation measures to be taken to reduce these effects. 1. Earth a. No impact. Residential houses - minor disruption. b. c.6 e. The proposal will result in disruptions, displacements, compaction, overcoverind ofthe soil and a change in the topography ground surface features. This is due to proposed grading to be done when the implementation of the project is commenced. Unless mitigation measures are taken, once the land surface is disturbed wind erosion might occur. Note should be made that no exceptional topographical features exist on the site. Mitigation measures proposed are as follows: - Prior to any grading permits being issued, the Applicant shall submit (to the Planning and Development Department) an interim landscape program for the entire tract which shall be for the purpose of wind erosion and dust control. CS/DOCGL.008 1 - The Applicant shall submit a grading plan prior to issuance of building permit with a engineering geological and soils engineering report. Drainage disposal facilities shall be provided on the site as required by the Director of Public Works. d. 6 f. No impact. No unique geological features; not near water body. g. This area is located in Groundshaking Zone IV as identified on the Riverside Seismic 1 Geology information maps. The site, however is not in close proximity to any established zone fault line, nor does it lie in any susceptible to liquefication. There will however be some groundshaking in the event of fault activity, depending upon the magnitude, location and other characteristics of the tremor. The Uniform Building Code provides seismic safety standards for buildings which help mitigate the above impact. 2. Air. No impact. Residential project/low emission. 3. Water a. No impact. Not near water body. b. Development in this area will result in charges in absorption rates, drainage patterns and the rate and amount of surface wate runoff. Mitiedu his mpact beengation coveredeundersltb.randcc.t(seeiprs previous be pages). c. to g. No impact. Limited amount of excess water produced - C Zone. 4. Plant Life. No impact. No unique plant life on site. d. The existing citrus orchard will be eliminates CS/DOCGL.008 2 5. Animal Life 6. 7. 8. a. No impact. Not in Fringe Toed Lizard area. Part of this site has an existing citrus orchard and the balance previously farmed land so it is unlikely to provide a habitat for the Flat tailed horned Lizard. d. & e. No impact. Part of the area is presently citrus orchard, and balance is previously farmed land. Noise a. & b. This development will result in an increase in existing noise levels but this will occur primarily during construction periods. The City ordinance has set forward work hours for construction crews and adverse noise after hours should therefore be minimal. Future residents in this development will be exposed to traffic noise from Mitigation measures for the above are as follows: The La Quinta General Plan requires noise studies for all projects within 2,800 feet of the centerline of major streets, i.e.. Jefferson Street and 50th Avenue. The General Plan also states that barrier design standards should also be developed to minimize the visual impact of sound barriers. - The General Plan following setbacks Jefferson Street 20 Light and Glare also states that the are required, along feet. This proposal will introduce an additional illuminated area to the City. To alleviate any possible problems the City reviews all lightin plans prior to installation. Land Use. No impact. La Quints General Plan designates this area as residential. g. Natural Resources a. This development will increase the rate of use of natural resources. The effect will however be gradual and proportionately very small. b. No impact. 10. Risk of Upset. No impact. No hazardous substance proposed. 11. Population This proposal introduces single family units to the La Quinta area. The affect of residential growth taster in this area is addressed by the Environmental Assessment of the La Quinta General Plan. 12. Housin Introducing more single family residential units into the southern sector of La Quinta will be in conformance with the La Quinta General Plan policies. 13. Transportation/Circulation a. & c. This development will result in the increase of vehicular movement in the surrounding area. This issue has been dealt with in the Master Environmental Study for the La Quinta General Plan. This project will increase the demand fox parking in the nearby shopping centers but this will be gradual and minimal. 14. Public Services a. to f. This development will result in the increased demand for public services. The Master Environmental Study for the La Quinta General Plan has addressed these issues. The developer is requarkdand sto choolay efacilitiesor make aand land dedication for p form a landscape maintenance district. 15. Ener . No impact. Residential development. 16. Utilities a to f. Water. The public agency involved e.g. Coachella Valley Water District will indicate whether this development can be served with services and stiandatyrequired.pment standards necessary payment 17. Human Health. No impact. No hazardous situation created. CS/DOCGL.008 4 18. Aesthetics. No impact. Small scale residential development on vacant land. 19, Secrea�edelomentn impact. vacantSmall landscale residential P 20. Archaeological/Historical of This devunknownmearchaeologicalresult inorhehistoricaln sites yet unknown structure, object or building. To mitigate this issue a comprehensive condition regarding archaeological studies is attached to the approval of the tentative tract. IV. CONCLUSION Therefore based on the above information, this project will have no great effect on the environment subject to the discussed mitigatior measures. 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W = O N Q Y fn WtoU CD O m E O O W +J Q 0 p O U ` f U t0 Q O N E O O O m O: W Z NQ �Z 0 1- U PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A FIRST TIME EXTENSION FOR TENTATIVE TRACT 26855 TO ALLOW A 73 SINGLE FAMILY LOT SUBDIVISION ON APPROXIMATELY 23 ACRES IN THE LOW DENSITY RESIDENTIAL ZONING DISTRICT. CASE NO.: TENTATIVE TRACT 26855, FIRST TIME EXTENSION SUMBAD AND SHARRON KANLIAN WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of April, 1998, hold a duly noticed Public Hearing to consider the request of Sumbad and Sharron Kanlian to approve a first time extension for Tentative Tract 26855 to allow the creation of a 73 single family lot subdivision, with one retention basin, and other miscellaneous lots on approximately 23 acres in the Low Density Residential (RL) Zoning District, generally located on the east side of Jefferson Street approximately 660 feet south of 50th Avenue, more particularly described as: PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; WHEREAS, the City Council did approve Tentative Tract 26855 on January 5, 1993, by Resolution 93-1, subject to conditions; and, WHEREAS, the Planning Commission did recommend approval of Tentative Tract 26855 on December 8, 1992, by Resolution 92-45, subject to conditions; and, WHEREAS, the request for a first time extension was submitted to the City on December 23, 1997, prior to the January 5, 1998 expiration of the tentative tract; and, WHEREAS, at the Public Hearing held on April 14, 1998, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following findings to justify the recommendation for approval to the City Council of said time extension to Tentative Tract 26855: 1. The proposed tentative tract map is consistent with the City of La Quinta General Plan in that the design of the Low Density Residential subdivision meets General Plan Policy 2-1.1.5 requiring a residential product type characterized by single family detached homes on large or medium sized lots. 2. The design or improvement of the proposed subdivision is consistent with the City of La Quinta General Plan in that the proposed lots exceed the minimum 7,200 square foot lot size, has an on -site drainage and flood water retention facility, and internal circulation system acceptable to the City Engineer. 3. The site is physically suitable for the type of development in that the slope and topographic relief is relatively flat, and the soil type is suitable for residential development. 4. The site is physically suitable for the proposed density of development in that the overall density of the proposed tentative tract is 3.17 which is within the permitted density range of 2 to 4 dwelling units per acre. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitats in that a Mitigated Negative Declaration of Environmental Impact was certified for EA 91-194 by the City Council on January 5, 1993. 6. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that the Fire Marshal, Sheriff's Department, and the City's Building and Safety Department has reviewed the request for the first time extension for Tentative Tract 26855 for potential public health problems and made recommendations for conditions and mitigation measures for project approval. 7. The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision in that the proposed internal streets will be privately owned and maintained, and that there will be no publicly - owned improvements within the tentative tract map. NOW, THEREFOR, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; 2. That it does hereby recommend approval of the above described first time extension for Tentative Tract 26855, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 1 e day of April, 1998, 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 PLANNING COMMISSION RESOLUTION 98- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 26885, FIRST TIME EXTENSION APRIL 14, 1998 GENERAL CONDITIONS OF APPROVAL Developer agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 2. Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 3. This Tentative Tract Map approval shall expire on January 5, 1999, unless a Second Time Extension pursuant to the City of La Quinta Land Division Ordinance is approved by the City Council. 4. Tentative Tract Map 26855 shall comply with the requirements and standards of §§ 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 5. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public 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 • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. ':\I.I?SLIE\pccoaTT26885ext.wpd I Printed April 9, 1998 Page 1 of 10 Planning Commission Resolution 98-, Conditions of Approval TT 26855- First Time Extension April 14, 1998 6. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 7. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting; or conferral shall be ensured, prior to approval of a final map or parcel map or a waiver of parcel map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 8. Prior to approval of a final map, parcel map or grading plan and prior to issuance of a grading permit, the applicant shall furnish proof of temporary or permanent easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 9. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 10. The applicant shall dedicate public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Dedications required of this development include: A. Jefferson Street, Major Arterial - Sixty -foot half of one -hundred -twenty -foot right of way B. Private Streets - Thirty -seven -foot right of way plus 10-foot public utility easements on both sides 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. If the City Engineer determines that public access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant temporary public access easements to those areas within 60 days of written request by the City. 1:\LESLIE\pccoaTT26885ext.wpd 2 Printed April 9, 1998 Page 2 of 10 Planning Commission Resolution 98-. Conditions of Approval TT 26855- First Time Extension April 14, 1998 11. The applicant shall create perimeter setback lots, of minimum width as noted, adjacent to the following street rights of way: A. Jefferson Street - Twenty -foot width Minimum widths may be used as average widths if meandering wall designs are approved. Required setback areas or lots shall apply to all existing and proposed street frontage of the parcel or parcels being subdivided including, but not limited to, remainder parcels and lots dedicated or deeded to others such as water well and power substation sites. Where public sidewalks are placed on privately -owned setback lots, the applicant shall dedicate blanket sidewalk easements over the setback lots. 12. The applicant shall vacate abutters' rights of access to Jefferson Street from lots abutting the street. Direct access to this street shall be restricted to access points listed hereinafter or as approved by the City. 13. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, and common areas. 14. Prior to approval of any final map, the applicant shall obtain easements from the owner of the property to the south (proposed Tentative Tract 26718) for shared street access and for installation, operation and use of the proposed shared stormwater retention basin, and shall grant or dedicate like easements to the owner(s) of that property Within ninety (90) days of the approval of the first time extension of this tentative map, the applicant shall obtain and record an emergency access easement providing secondary access to this tract from a publicly -maintained street, or this tentative map shall become null and void. The emergency access easement shall meet the requirements of the City Engineer and the Riverside County Fire Department. 15. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 16. As part of the filing package for final map approval, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad P:\I.I:SL.IE\pccoaTT26885ext.wpd 3 Printed April 9, 1998 Pugs 3 of Planning Commission Resolution 98-, Conditions of Approval TT 26855- First Time Extension April 14, 1998 program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 17. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 18. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 19. When final plans are approved by the City, and prior to approval of the final map, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions including approved revisions to the plans. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. 1:\LESLIE\pccoaTT26885ext.wpd 4 Printed April 9, 1998 Page 4 of 10 Planning Commission Resolution 98- Conditions of Approval TT 26855- First Time Extension April 14, 1998 IMPROVEMENT AGREEMENT 20. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to agendization of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 21. if improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 22. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and development -wide improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall The completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a construction phasing plan is approved by the City Engineer. 23. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which have been or will be constructed by others (participatory improvements). Participatory improvements for this development include: A. Intersection of Pomelo and Jefferson Street - 27.2% of the cost to design and construct traffic signals. B. Jefferson Street - 32.6% of the cost to design and construct a bus turnout and shelter meeting the requirements of Sunline Transit Agency and the City Engineer. P:\LBSI.II:\pccoaTT26885ext.wpd 5 Printed April 9, 1998 Page 5 of 1 Planning Commission Resolution 98-. Conditions of Approval TT 26855- First Time Extension April 14, 1998 C. Jefferson Street - Reimburse Landmark Land Company (or its successors or assigns) for any street improvements installed by Landmark (or its successors or assigns) on the east side of the centerline of Jefferson Street along the frontage of Tentative Tract 26855. The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. GRADING 24. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 25. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 26. The applicant shall comply with the City's flood protection ordinance. 27. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 28. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 29. The applicant shall endeavor to minimize differences in elevation at the interface of this development with abutting properties and of separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for Sots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 1:\LESLIE\pccoaTT26885ext.wpd 6 Printed April 9, 1998 Page 6 of 10 Planning Commission Resolution 98- Conditions of Approval TT 26855- First Time Extension April 14, 1998 30. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 31. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 32. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design 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. 33. Stormwater shall normally be retained in common retention basins. Individual -lot basins or other retention schemes may be approved by the City Engineer for lots 2Y2 acres in size or larger or where the use of common retention is determined by the City Engineer to be impracticable. If individual -lot retention is approved, the applicant shall meet all individual -lot retention provisions of Chapter 13.24, LQMC. 34. Storm flow in excess of retention capacity shall be routed through a designated overflow outlet and into the historic drainage relief route. 35. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 36. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site -specific data indicating otherwise. 37. Retention basin slopes shall not exceed 3:1. If retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 38. Nuisance water shall be retained on site. A trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand ':\LESLIE\pccoaTT26885ext.wpd 7 Printed April 9, 1998 Page 7 of 10 Planning Commission Resolution 98- Conditions of Approval TT 26855- First Time Extension April 14, 1998 filter and leach field shall be sized to percolate 3.43 gallons per hour per household. 39. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), all areas of common retention basins shall be visible from the adjacent street(s). No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. 40. If the applicant proposes drainage of stormwater from a design storm directly or indirectly to public waterways, the applicant and, subsequently, the Homeowners' Association shall be responsible for any sampling and testing of the development's effluent which may 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 the such discharge of the development's stormwater or nuisance water. The tract CC & Rs shall reflect the existence of this potential obligation. UTILITIES 41. All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. 42. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 43. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a certificate of compliance for any waived final map, the development or portions thereof may be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall be responsible for all street and traffic improvements required herein. 44. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1. Jefferson Street (Major Arterial) - Install east half of 102-foot (curbface to curbface) improvement plus meandering eight -foot -wide sidewalk/bikepath 1:\LESLIE\pccoaTT26885ext.wpd 8 Printed April 9, 1998 Page 8 of 10 Planning Commission Resolution 98- Conditions of Approval TT 26855- First Time Extension April 14, 1998 B. PRIVATE STREETS AND CULS DE SAC Residential - 36 feet wide if double loaded (building lots on both sides), 32 feet if single loaded 2. Cul de sac curb radius - 45' 3. Main entryway - As shown on Tentative Map or otherwise approved by the City Engineer C. EMERGENCY ACCESS The applicant shall construct no more than 40 homes within this tract before cross - access routes, an emergency access route or other secondary tract access is improved as required by the City Engineer. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 45. Access points and turning movements of traffic shall be restricted as follows: A. Main Project Entryway - Divided no -left -out ingress/egress drive centered approximately 160' south of the most northerly tract boundary. B. Connecting road (between Lots 12 and 13) to the property to the south. The City may require that this connection be restricted to emergency use. 46. Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 47. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 48. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of Californua. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, and as approved by ':\I.ESLIE\pccoaTT26885ext.wpd 9 Printed April 9, 1998 Page 9 of 10 Planning Commission Resolution 98- Conditions of Approval TT 26855- First Time Extension April 14, 1998 the City Engineer. 49. Street right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 50. All streets proposed to serve residential or other access driveways shall be designed and constructed with vertical curbs and gutters or shall have other approved methods to convey nuisance water without ponding and to facilitate street sweeping. 51. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5/6.50" The listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site -specific data for soil strength and traffic volumes. The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old at the time proposed for construction) aggregate gradation test results to confirm that the mix design gradations can be reproduced in production of the base or paving material. Construction operations shall not be scheduled until mix designs are approved. 52. Final inspection and occupancy of homes or other permanent buildings within the development will not be approved until the homes or permanent buildings have improved access, including street and sidewalk improvements, traffic control devices and street name signs, to publicly -maintained streets. If on -site streets are initially constructed with only a portion of the full thickness of pavement, the applicant shall complete the pavement when directed by the City but in any case prior to final inspections of any of the final ten percent of homes within the tract. LANDSCAPING 53. Perimeter walls and required landscaping for the entire perimeter to be enclosed shall be constructed prior to final inspection and occupancy of any homes within the tract unless a phasing plan or construction schedule is approved by the City Engineer. P:\I.I:SI.IIi\pccoaTT26885ext.wpd 10 Printed April 9, 1998 Page 10 of 1 Planning Commission Resolution 98-, Conditions of Approval TT 26855- First Time Extension April 14, 1998 54. The applicant shall provide landscape improvements in the perimeter setback areas or lots along Jefferson Street. 55. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 56. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 57. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 58. Unless otherwise approved by the City Engineer, common basins and park areas shall be designed with grades and turf grass surface which can be mowed with standard tractor -mounted equipment. 59. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 60. Prior to final map approval, the applicant shall submit to the Community Development Department for review and approval a plan (or plans) showing the following: A. Landscaping, for the perimeter and entry areas including plant types, sizes, spacing, location, and irrigation system. Desert or native plant species and drought resistant planting materials shall be incorporated into the landscape plan. Lawn shall be minimized and not used within five feet of the curb. No spray heads shall be used adjacent to street curbing or sidewalk areas. All trees within the landscape setback, including berming of perimeter setbacks, shall be a minimum 24-inch box, 1.5 inch calipher size. Berming shall be included with a gentle slope of one to three fleet. ':\I.ESI.IE\pccoaTT26885ext.wpd 11 Printed April 9, 1998 Page 11 of 10 Planning Commission Resolution 98- Conditions of Approval TT 26855- First Time Extension April 14, 1998 QUALITY ASSURANCE 61. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 62. The subdivider shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program but which are required by the City to provide evidence that materials and their placement comply with plans and specifications. Testing shall include a retention basin sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. 63. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 64. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 65. The applicant shall make provisions for continuous and perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. FEES AND DEPOSITS 66. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 67. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessments) against the property and pay the cost of the reapportionment. 68. Parkland fees shall be paid prior to final map approval as required by the Subdivision Ordinance (Chapter 13.48). ':\LESLIE\pccoaTT26885ext.wpd 12 Printed April 9, 1998 Page 12 of 10 Planning Commission Resolution 98-, Conditions of Approval TT 26855- First Time Extension April 14, 1998 TRACT DESIGN 69. Development of the project site shall comply with Tentative Tract Map Exhibit A, as contained in the Community Development Department's file for this tentative tract, and with the following conditions, which conditions shall take precedence in the event of any conflict with the provisions of the tentative tract map. 70. Structures shall have a "windows closed" condition requiring a mechanical ventilation system and upgraded window with a minimum sound transmission class rating for Lots 1 and 73. 71. A minimum six-foot high, solid, decorative, masonry wall with a two foot berm shall be provided along the perimeters of the project. The exact location, design, and materials shall be subject to review and approval by the Community Development Department prior to issuance of a grading permit. 72. All lighting facilities shall comply with Chapter 9.60.160 (Outdoor Lighting) and be designed to minimize light and glare impacts to surrounding property. All lighting to be installed shall be subject to review and approval by the Community Development Department. 73. Design of security gate entry shall be reviewed and approved by the Public Works and Community Development Departments prior to final map approval. BUILDING AND SITE DESIGN 74. The development of custom, single-family lots shall be governed by the following: A. The applicant shall establish a Design Review Committee to review and approve all development within this tentative tract. The main objective of this Committee shall be to assure that building architecture, building materials and colors, building height and setbacks, and landscape design follow appropriate design themes throughout the tract. Procedures and operation of the committee shall be set forth in the Tract's CC & R's. The design guidelines shall be reviewed and approved by the Planning Commission prior to issuance of the first building permit. B. If one developer plans to build all the units in this subdivision, the following condition will apply. The applicant shall submit complete detailed architectural elevations for all units for Planning Commission review and approval prior to building permit issuance. The architectural standards shall be included as part of the CC & R's (if any), property covenants, or Real Estate Disclosure forms subject to final approval by the Community Development Director. The architectural design shall provide shading of glass areas from the south, east, and west exposures. ':\LESLIE\pccoaTT26885ext.wpd 13 Printed April 9, 1998 Page 13 of 10 Planning Commission Resolution 98 Conditions of Approval TT 26855- First Time Extension April 14, 1998 C. The applicant shall establish within the CC& R's site design standards appropriate to estate and villa lots, including but not limited to, front, side and rear setbacks, lot coverage, etc. Standards shall be reviewed and approved by the Community Development Department as part of its review of the CC&R's, but be no less restrictive than the standards for the Low Density Residential (RL) Zoning District. D. Property lines and perimeter walls for all residential units shall be located at the top of the graded slope for each parcel. E. Prior to issuance of an occupancy permit for any house within this tentative tract, landscaping/ground cover and permanent irrigation system shall be installed and appropriately maintained. Type of planting, method of installation, and maintenance techniques shall be subject to plan approval by the Community Development Department. Each residence shall be provided with a minimum of two 15-gallon trees (minimum 1.25-inch calipher) with corner lots provided with five 15- gallon trees ( minimum 1.25-inch calipher). F. Roof -mounted equipment for flat roofs (equipment is prohibited on sloped roofs) shall be screened from view at all sides by design of the house. All ground - mounted mechanical equipment shall be screened from view by methods approved by the Community Development Department. G. Lots 1 and 73 shall be developed with one story units, not to exceed 22 feet in height. FIRE MARSHAL 75. The applicant shall comply with the requirements of the Fire Marshal, who may approve alternate means of compliance where deemed appropriate and equivalent to these standards: A. Schedule fire protection approved Super Fire hydrants, (6" x 4" x 2 1/2" x 2 1/2") shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 gpm for 2 hours duration at 20 psi. B. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. The plans shall conform with the Fire Marshal's requirements for types, location and spacing of hydrants and fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County P:\I.I?Sl.11i\pccoaTT26885ext.wpd 14 Printed April 9, 1998 Page 14 of Planning Commission Resolution 98- Conditions of Approval TT 26855- First Time Extension April 14, 1998 Fire Department." C. 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. D. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox key operated switches, series KS- 2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. E. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. F. Prior to recordation of the final map, the applicant shall provide alternate or secondary access as approved by the County Fire Department. Secondary access shall be provided prior to occupancy. MANAGEMENT 76. Prior to the recordation of the final map, the applicant shall submit to the Community Development Director the following documents which shall demonstrate to the satisfaction of the City that the open space/recreation areas and private streets and drives shall be maintained in accordance with the intent and purpose of this approval. A. The document to convey title; B. Covenants, Conditions, and Restrictions to be recorded; and, C. Management and maintenance agreement to be entered into with the unit/lot owners of this land division. The approved Covenants, Conditions, and Restrictions shall be recorded a the same time that the final subdivision map is recorded. A Homeowner's Association, with the unqualified right to assess the owners of the individual units for reasonable maintenance costs, shall be established and continuously maintained. The association shall have the right to lien the property of any owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust, provided that such deed of trust is made in good faith and for value and is of record prior to the lien of the homeowners association. 1:\LESLIE\pccoaTT26885ext.wpd 15 Printed April 9, 1998 Page 15 of 10 Planning Commission Resolution 98- Conditions of Approval TT 26855- First Time Extension April 14, 1998 MISCELLANEOUS 77. Grading, drainage, street, lighting, landscaping & irrigation, park, gate, and perimeter wall and meandering sidewalk plans are not approved for construction until they have been signed by the City Engineer. 78. Prior to issuance of Certificates of Occupancy for buildings within the tract, the applicant shall install traffic control devices and street sign names along access roads to those buildings. 79. Street names shall be submitted and approved by the Community Development Department prior to final map approval and street sign installation. 80. All potential purchasers of lots shall be notified in writing there are horses on surrounding properties that may be allowed to remain. Method of notification shall be approved by the Community Development Director prior to recordation of the final map. 81. Prior to recordation of the first final map, a reciprocal access easement shall be granted allowing the ten acre property to the west (not a part of this subdivision) emergency secondary access through Tentative Tract 26855. P:\LESLIE\pccoaTT26885ext.wpd 16 Printed April 9, 1998 Page 16 of �.') H # :J PLANNING COMMISSION STAFF REPORT DATE: APRIL 14, 1998 CASE NO.: TENTATIVE TRACT 26718, FIRST TIME EXTENSION APPLICANT: WALTER HANSCH LOCATION: EAST SIDE OF JEFFERSON STREET APPROXIMATELY 1650 FEET SOUTH OF 50TH AVENUE (ATTACHMENT 1) REQUEST: APPROVAL OF A FIRST TIME EXTENSION FOR TENTATIVE TRACT MAP 26718 TO CREATE 125 SINGLE FAMILY LOTS ON 40 + ACRES IN THE LOW DENSITY RESIDENTIAL (RL) ZONE ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT 91-193 WAS CERTIFIED BY THE CITY COUNCIL ON JANUARY 5, 1992. AN ADDENDUM HAS BEEN PREPARED WITH THIS EXTENSION. THE COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT NO SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CANNOT BE MITIGATED WILL RESULT FROM THIS PROJECT. THEREFORE, A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IS RECOMMENDED FOR CERTIFICATION. GENERAL PLAN LAND USE DESIGNATION: LOW DENSITY RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) SURROUNDING ZONING AND LAND USES: NORTH: LOW DENSITY RESIDENTIAL (RL); SINGLE FAMILY RESIDENCE AND VACANT (TT 26855). SOUTH: LOW DENSITY RESIDENTIAL (RL); SINGLE FAMILY RESIDENCE AND CITRUS GROVE C:\perptTT26718ext.wpd EAST: LOW DENSITY RESIDENTIAL (RL); VACANT (SP 90-016) WEST: TOURIST COMMERCIAL (TC) AND LOW DENSITY RESIDENTIAL (RL); VACANT AND SINGLE FAMILY RESIDENTIAL, GOLF COURSE. ".—ATUOK0111 f1Zia Tentative Tract Map 26718 was originally approved by the City Council on January 5, 1992. The tentative tract map was given a three year approval. Senate Bill 428 (effective September 13, 1993) extended the project approval for an additional 24 months, to January 5, 1997, and Assembly Bill 771, which automatically extended for an additional 12 months all tentative maps that had not expired prior to May 14, 1996, which extended the expiration date of TTM 26718 to January 5, 1998. The applicant filed for a first time extension on December 23, 1997. The requested time extension would be for one year and would expire on January 5, 1999. T The project site is primarily vacant except for a citrus grove and irrigation pond located on the property. The property is a rectangle shape. The site is relatively flat except for the dune area where the former single family residence was located. The subdivision takes access off of Jefferson Street approximately 100 feet north of the southwest corner of the property. Access is limited to left turns in and right turns in and out. A center median will need to be reconstructed and replanted to prohibit left turns out. The internal road system is designed to consist of private streets with a gated entry. This tract does not provide any permanent secondary access to Jefferson Street. The tract proposes access to the properties to the north. At the northerly end of Lot "A"(street) the tract will have access to the 10-acre property to the north which is not a part of this or any proposed project. A second access to the north is shown at the northerly end of Lot "C" (street) east of Lot "A". This access empties into proposed Tentative Tract 26855 which is also on this agenda for an extension. A reciprocal access agreement will be required to allow access through each tentative tract should one tract develop before the other. The applicant shall provide an approved alternative emergency access easement by redesign of the tentative tract if this can not be accomplished. The proposed 125 lot subdivision will have lot sizes a minimum of 10,000 square feet with the average lot size being 10,500 square feet. The RL Zoning District requires a minimum lot size of 7,200 square feet. C AperptTT26718ext. wpd The 1 .3 acre retention facility at the southeast corner of the tentative tract is a portion of a shared basin with Tentative Tract 26855. Each tentative tract will be required to have a reciprocal easement on the entire retention basin area to ensure that an adequate facility will be constructed for either tract, should one of the tracts not be developed. This easement is to be recorded prior to approval of the final map. A homeowner's association will be formed to maintain the retention basin, common landscaped areas, private roads, entry gate facilities, and perimeter landscaping. A 20-foot wide landscaped lot is being provided along Jefferson Street as required by the General Plan. A meandering sidewalk is required according to current standards. A 2 1/2-foot high berm and 6-foot high decorative wall is proposed along Jefferson Street. 19►_lt1__G Lmg►_ Environmental Assessment 91-193 was prepared for the original project approval and certified by the City Council on January 5, 1993. An Addendum to the Environmental Assessment was prepared for the requested First Time Extension to add analysis for noise and cultural resources. Recommend approval of the requested time extension. The following findings can be made: 1. The proposed tentative tract map is consistent with the City of La Quinta General Plan in that the design of the low density residential subdivision meets General Plan Policy 2-1.1.5 requiring a residential product type characterized by single family detached homes on large or medium size lots. 2. The design or improvement of the proposed subdivision is consistent with the City of La Quinta General Plan in that the proposed lots exceed the minimum 7,200 square foot lot size, has an on -site drainage and flood water retention facility, and internal circulation system acceptable to the City Engineer. 3. The site is physically suitable for the type of development in that the slope and topographic relief is relatively flat, and the soil type is suitable for residential development. 4. The site is physically suitable for the proposed density of development in that the overall density of the proposed tentative tract is 3.2 dwelling units per acre which is within the permitted density range of 2 to 4 dwelling units per acre. C AperptTT26718ext.wpd 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitats in that a Mitigated Negative Declaration of Environmental Impact was certified for EA 91-193 by the City Council on January 5, 1992, and Addendum prepared addressing noise and cultural resources. 6. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that the Fire Marshal, Sheriff's Department, and the City's Building and Safety Department has reviewed the request for the first time extension for Tentative Tract 26718 for potential public health problems and made recommendations for conditions and mitigation measures for project approval. 7. The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision in that the proposed internal streets will be privately owned and maintained, that there will be no publicly -owned improvements within the tentative tract map, that there is a need for a secondary access and reciprocal access agreement with Tentative Tract 26885. RECOMMENDATION: By adoption of Planning Commission Resolution 98-_, recommend certification of a Mitigated Negative Declaration of Environmental Impact for Amended Environmental Assessment 91-193; and, By adoption of Planning Commission Resolution 98-_, recommend approval of a first time extension for Tentative Tract Map 26718, subject to conditions. Attachments: 1. Location Map 2. Tentative Tract Map Exhibits Prepared by: '�Le lie Mouriquand,,:Associate Planner CAperpt T26718ext.wpd Submitted by: Christine di lorio, Planning Manager PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, ENVIRONMENTAL ASSESSMENT 91-193 -ADDENDUM 1 FOR TENTATIVE TRACT MAP 26718- FIRST TIME EXTENSION, LOCATED ON THE EAST SIDE OF JEFFERSON STREET APPROXIMATELY 1650 FEET SOUTH OF 50TH AVENUE. ENVIRONMENTAL ASSESSMENT 91-193-ADDENDUM 1 WALTER HANSCH WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of April, 1998, hold a duly -noticed Public Hearing as requested by Walter Hansch on Environmental Assessment 91-193 -Addendum 1, addressing noise and cultural resources for Tentative Tract 26718- First Time Extension, generally located on the east side of Jefferson Street, approximately 1650 feet south of 50th Avenue, more particularly described as follows: A PORTION OF THE NW 1 /4 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN. WHEREAS, a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 91-193 was certified by the City Council on January 5, 1993, by Resolution 93-2; and, WHEREAS, said Amended Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83-63, in that the Community Development Director has conducted an Initial Study, and has determined that although the proposed tract amendment could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made conditions of approval for Environmental Assessment 91-193- Addendum 1, and a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make findings to justify the recommendation for certification of said PALESLIE\pcearesTT26718. wpd Planning Commission Resolution 98- Amended Environmental Assessment; and, WHEREAS, at said Public Hearing, said Amended Environmental Assessment was recommended for certification based on said findings and subject to certain mitigation measures; and, WHEREAS, the following facts to justify recommending certification of said Amended Environmental Assessment are made: 1 . The First Time Extension for Tentative Tract 26718 is consistent with the Low Density Residential land use goals and objectives of the La Quinta General Plan, in that the Tentative Tract is in keeping with Goal 2-1 to develop low density residential areas with generous areas of open space. 2. The subject site is physically suitable for the Tentative Tract 26718- First Time Extension in that the slope and topographic relief of the project site is relatively flat, and the soil type is suitable for residential development. 3. Tentative Tract 26718-First Time Extension is consistent with the development standards of the Municipal Zoning and Land Division Ordinance, as the project site is zoned R-L (Low Density Residential), which permits minimum lot sizes of 7,200 square feet or more. 4. The design of Tentative Tract 26718 will not cause adverse environmental impacts to cultural resources or from noise impacts as these resources have been investigated, and mitigation measures included in the Conditions of Approval that will reduce the impacts to a level less than significant. 5. Proposed Tentative Tract 26718 is not likely to cause public health problems as the project has been reviewed by the Fire Department and the Building & Safety Department for those specific issues. 6. The design of Tentative Tract 26718 will not conflict with existing public easements, as the project has been designed around, and with consideration for, these easements. 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 correct and constitutes the findings of the Planning Commission in this case; PALESLIE\pcearesTT26718. wpd Planning Commission Resolution 98- 2. That it does hereby concur with the environmental determination and recommend certification of Environmental Assessment 91-193 - Addendum 1, for the proposed Tentative Tract 26718- First Time Extension. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 14th day of April 1998, 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 P:\LESLIE\pcearesTT26718. wpd ADDENDUM ENVIRONMENTAL ASSESSMENT 91-193 TENTATIVE TRACT 26718- FIRST TIME EXTENSION This Addendum is to supplement Environmental Assessment 91-193 prepared for Tentative Tract 26718. a. & b. A Noise Study was prepared by RKJK & Associates, Inc. on February 18, 1998 for Tentative Tract 26718 and 26885 together. The purpose of the study is to identify the noise mitigation measures necessary to meet the City of La Quinta's noise standards. The results of the noise study indicate that future vehicle noise from Jefferson Street and Avenue 50 is the principal source of community noise that will impact the site. Noise levels on the project site will meet the City's outdoor 60 dBA CNEL exterior standard for outdoor areas and 45 dBA CNEL interior noise standards if the recommended mitigation measures are implemented. These measures consist of: (1) Structures must have a "windows closed" condition requiring a mechanical ventilation system and upgraded windows with a minimum sound transmission class rating of 28 for Lots 1, 1 17-125; and (2) an 8.5-foot high sound barrier is required, which can include the combination of a 2.5-foot high earthen berm and a 6-foot high solid masonry block wall on top of the berm. The time extension will be conditioned to require the berm and a decorative solid masonry block wall. a. & b. A cultural resources investigation for Tentative Tracts 26855 and 26718 was conducted together, in February, 1998, by CRM TECH. The investigation included a historical/archaeological resources records search, historical background review, and an intensive field survey of the project area. There were no historical resources or important archaeological resources identified during the investigation. The report recommends that the City of La Quinta may reach a finding of "No Impact" regarding cultural resources. No mitigation measures were deemed necessary. The City's Historic Preservation Commission reviewed and accepted by Minute Motion 98-004, the report on April 2, 1998. I. Background Environmental Aa�essment No. Case No. 7j.2L-,:jI 5 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent [4A N SC-4-t Er .4 l-- 2. Address & Phone Number of Proponent Sq ac:> Lk)<<- 5H' R-C-- lISL"y Q4L(2 3. Date Checklist Prepared A, 4. Agency Requiring Checklist _ e--A IP-'j T-A 5. Name of Proposal, if applicable u j 14 II. Environmental Impacts (Explanation of "yes't & "maybe" answers are required on attached sheets.) YES MAYBE NO 1. Earth. will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or X over covering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features. e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach or changes in siltation, deposition sands or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g . Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure or similar hazards? FORM.009/CS -1- YES 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature or any change in climate, either locally or regionally? 3. Water. Will the proposal result in: a. Changes in currents or the course of direction of water movements, in either marine or fresh waters? b. patterns,es norabsorption rate andrates, amountdrainage surface runoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality including but not limited to ?emperature, dissolved oxygen o f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or with - drawls, or through interception excavations?of an aquifers by cutsor h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding or tidal waves? MAYBE NO X x YES MAYBE NO 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substan(including chemicalnot or limited to oil, pesticides, radiation) in the event of an accident or upset conditions? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing — housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities or demand for new parking? c. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or in of the altered governmental services any following areas: x protection? a. Fire p jVli nO� b. Police protection? X c. Schools? X d. Parks or other recreational facilities? e. Maintenance of public facilities & roads? f. Other governmental services? 1� YES 15. Energy. Will the proposal result in: a. Use of substantial amount of fuel or energy? b. Substantial increase in demand upon require existing sources or energy, or the development of new sources of energy? 16. Utilities. Will. the proposal result in a need for alterationswto them substantial followingutilities: alterations a. power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health). 18. Aesthetics. will the proposal result in the obstruction of any scenic vista or proposal view open to the public, or will result in the creation of anaesthetically offensive site open to public 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources a. Will the proposal result in the alter- ation of or the destruction of a pre- historic or historic archaeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? MAYBE NO YES c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does.the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one in which occurs in a relatively brief definitive period of time while long-term impacts will endure well in the future). c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant). d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. Discussion of Environmental Evaluation (Narrative description of environmental impacts.) MAYBE X A X r PROJECT: Tentative Tract 26718 ENVIRONMENTAL IMPACT ANALYSIS INITIAL STUDY I. PROJECT DESCRIPTION Tentative Tract Map #26718 application proposes the subdivision of ±40 acres into 125 lots. The proposed development is located approximately 1700 feetsouth of 50th Avenue east of Jefferson Street. II. ENVIRONMENTAL CHECKLIST The environmental checklist completed for this project shows the potential environmental impact of this project III. MITIGATION MEASURES The environmental checklist identified areas where an environmental impact will take place as a consequence of the proposed development. The following pages discuss these impacts and mitigation measures to be taken to reduce these effects. 1. Earth a. No impact. Residential houses - minor disruption. b. c.& e. The proposal will result in disruptions, displacements, compaction, overcovering of the soil and a change in the topography and ground • surface features. This is due to proposed grading to be done when the implementation of the project is commenced. Unless mitigation measures are taken, once the land surface is disturbed wind erosion might occur. Note should be made that no exceptional topographical features exist on the site. Mitigation measures proposed are as follows: - Prior to any grading permits being issued, the Applicant shall submit (to the Planning and Development Department) an interim landscape program for the entire tract which shall be for the purpose of wind erosion and dust control. CS/DOCGL.008 - 1 The Applicant shall submit a grading plan prior to issuance of building permit with a engineering geological and soils engineering report. Drainage disposal facilities shall be provided on the site as required by the Director of Public Works. d. & f. No impact. No unique geological features; not near natural water body. qo This area is located in Groundshaking Zone 1V as identified on the Riverside Seismic 1 Geology information maps. The site, however is not in close proximity to any established fault line, nor does it lie in any zone susceptible to liquefication. There will however be some groundshaking in the event of fault activity, depending upon the magnitude, location and other characteristics 'of the tremor. The Uniform Building Code provides seismic safety standards for buildings which help mitigate the above impact. 2. Air. No impact. Residential project/low emission. 3. Water a. No impact. Not near natural water body. b. Development in this area will result ti charges in absorption rates, drainage patterns and the rate and amount of surface water runoff. Mitigation measures to reduce this impact has been covered under l.b. and c. us pages). c & e to g. No impact. Limited amount of excess water produced - C Zone. m to be d. Existing an madegation featureaand doesrnotvi connect to issa a m any river or strean in the area. 4. Plant Life. No impact. No unique plant life on site. d. The existing citrus orchard will be eliminated, CS/DOCGL.008 2 5. Animal Life b. 7. 8. 9. a. No impact. Not in Fringe Toed Lizard area. This site has an existing citrus orchard so it is unlikely to provide a habitat for the Flat tailed horned Lizard. d. & e. No impact. Area presently citrus orchard. Noise a. & b. This development will result in an increase in existing noise levels but this will occur primarily during construction periods. The City Ordinance has set forward work hours for construction crews and adverse noise after hours should therefore be minimal. Future residents in this development will be exposed to traffic noise from Mitigation measures for the above are as follows: - The La Quinta General Plan requires noise studies for all projects within 2,800 feet of the centerline of major streets, i.e., Jefferson Street. - The General Plan also states that barrier design standards should also be developed to minimize the visual impact of sound barriers. - The General Plan also states that the following setbacks are required, along Jefferson Street 20 feet. Light and Glare This proposal will introduce an additional illuminated area to the City. To alleviate any possible problems the City reviews all lightin plans prior to installation. Land Use. No impact. La Quints General Plan designates this area as residential. Natural Resources a. This development will increase the rate of use of natural resources. The effect will however be gradual and proportionately very small. CS/DOCGL.008 3 YES MAYBE NO 4. Plant Life. Will the proposal result in: X a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, & aquatic plants)? x b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of agricultural crops? 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or — numbers of any species of animals (birds, land animals including reptiles, fish -& shellfish, benthic organisms or insects)? x b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? x d. Deterioration to existing fish or wildlife habitat? 6. Noise. Will the proposal result in: X a. Increases in existing noise levels? - X b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal produce new light or glare? y al esult 8. Land Use. substantial Walteration ofill the sthe rpresent nor planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. No impact. 10. Risk of Upset. No impact. No hazardous substance proposed. 11. Population This proposal introduces single family units to the La Quinta area. The affect of residential growth the Master in this area is addressed by Environmental Assessment of the La Quinta General Plan. 12. Housin Introducing more single family residential units into the ceuwithnthecLarof La Quinta will b e in canforman Quinta GeneralPlanpolicies. 13. Transportation/Circulation a. & c. This development will result in the increase of vehicular movement in the surrounding area. This issue has been dealt with in the Master Environmental Study for the La Quinta General Plan. This project will increase the demand for parking in the nearby shopping centers but this will be gradual and minimal. 14. Public Services a. to f. This development will result in the increased demand for public services. The Master Environmental Study for the La Quinta General Plan has addressed these issues. The developer is required to pay fees or make a land dedication for park and school facilities and form a landscape maintenance district. 15. Ener No impact. Residential development. 16. Utilities a to f. The public agency involved e.g. Coachella Valley Water District will indicate whether this development can be served with services and stipulate anydevelopment standards necessary and paymentrequired. 17. Human Health. No impact. No hazardous situation created. CS/DOCGL.008 4 IV. 18. Aesthetics. No impact. Small scale residential development on vacant land. 19. Recreation. No impact. Small scale residential development on vacant land. 20. Archaeological/Historical This development may result in the alteration of as yet unknown archaeological or historical site, structure, object or building. To mitigate this issue a comprehensive condition regarding archaeological studies is attached to the approval of the tentative tract. 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CD Z R O F- Z O E U N L N O c0 9 i S i w U i U co � I Q. .D W N = L1] 'E w W co � O CD Q E W N +' Q N co W O z 01 I� Q Z m 0 w U W U C7 Z R O Z O N .IlC co C. r U r C• cn W U ? U a-r ' — = U N Z o w p n C }, co o '++ W W " W U a) co H U W ? Q C '0 •0 W Z O OC co Z m 0 W X U 111 U O Z FE O Z O J Q c U <a � O �w N Fn o 0 vi Q U U N W O m U ( O od m > E o CD CC _ .0 U w (D � w m z N Q Z O f— U s PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A FIRST TIME EXTENSION FOR TENTATIVE TRACT 26718 TO ALLOW A 125 SINGLE FAMILY LOT SUBDIVISION ON APPROXIMATELY 39 ACRES IN THE LOW DENSITY RESIDENTIAL ZONING DISTRICT. CASE NO.: TENTATIVE TRACT 26718, FIRST TIME EXTENSION WALTER HANSCH WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of April, 1998, hold a duly noticed Public Hearing to consider the request of Walter Hansch to approve a first time extension for Tentative Tract 26718 to allow the creation of a 125 single family lot subdivision, with one retention basin, and other miscellaneous lots on approximately 40 acres in the Low Density Residential (RL) Zoning District, generally located on the east side of Jefferson Street approximately 1650 feet south of 50th Avenue, more particularly described as: PORTION OF THE NORTHWEST QUARTER OF SECTI.ON 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; WHEREAS, the City Council did approve Tentative Tract 26718 on January 5, 1993, by Resolution 93-2, subject to conditions; and, WHEREAS, the Planning Commission did recommend approval of Tentative Tract 26718 on December 8, 1992, by Resolution 92-46, subject to conditions; and, WHEREAS, the request for a first time extension was submitted to the City on December 23, 1997, prior to the January 5, 1998 expiration of the tentative tract; and, WHEREAS, at the Public Hearing held on April 14, 1998, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following findings to justify the recommendation for approval to the City Council of said time extension to Tentative Tract 26718: 1. The proposed tentative tract map is consistent with the City of La Quinta General Plan in that the design of the low density residential subdivision meets General Plan Policy 2-1 .1.5 requiring a residential product type characterized by single family detached homes on large or medium sized lots. 2. The design or improvement of the proposed subdivision is consistent with the City of La Quinta General Plan in that the proposed lots exceed the minimum 7,200 square foot lot size, has an on -site drainage and flood water retention facility, and internal circulation system acceptable to the City Engineer. 3. The site is physically suitable for the type of development in that the slope and topographic relief as relatively flat, and the soil type is suitable for residential development. 4. The site is physically suitable for the proposed density of development in that the overall density of the proposed tentative tract is 3.17 which is within the permitted density range of 2 to 4 dwelling units per acre. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitats in that a Mitigated Negative Declaration of Environmental Impact was certified for EA 91-193 by the City Council on January 5, 1993, and Addendum prepared addressing noise and cultural resources. 6. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that the Fire Marshal, Sheriff's Department, and the City's Building and Safety Department has reviewed the request for the first time extension for Tentative Tract 26718 for potential public health problems and made recommendations for conditions and mitigation measures for project approval. 7. The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision in that the proposed internal streets will be privately owned and maintained, that there will be no publicly -owned improvements within the tentative tract map, that there is a need for a secondary access, and a reciprocal access agreement with Tentative Tract 26885. NOW, THEREFOR, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of said Planning Commission in this case; 2. That it does hereby recommend approval of the above described first time extension for Tentative Tract 26718, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 14`h day of April, 1998, 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 CAMydata\peresoTT26718ext.wpd PLANNING COMMISSION RESOLUTION 98- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 26718, FIRST TIME EXTENSION- HANSCH APRIL 14, 1998 GENERAL CONDITIONS OF APPROVAL 1. Developer agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 2. Upon their approval by the City Council, the City Clerk is directed to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 3. This Tentative Tract Map approval shall expire on January 5, 1999, unless a Second Time Extension pursuant to the City of La Quinta Land Division Ordinance is approved by the City Council. 4. Tentative Tract Map 26718 shall comply with the requirements and standards of §§ 66410-66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC) unless otherwise modified by the following conditions. 5. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public 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 • Imperial Irrigation District • California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of the proposed Storm Water Pollution Protection Plan for review by the Public Works Department. PAL1SL1E\pccoaTT26718ext.wpd Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 6. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 7. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or parcel map or a waiver of parcel map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 8. Prior to approval of a final map, parcel map or grading plan and prior to issuance of a grading permit, the applicant shall furnish proof of temporary or permanent easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 9. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 10. The applicant shall dedicate public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. Dedications required of this development include: A. Jefferson Street, Major Arterial - Sixty -foot half of one -hundred -twenty -foot right of way B. Private Streets - Thirty -seven -foot right of way plus 10-foot public utility easements on both sides 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. If the City Engineer determines that public access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant temporary public access easements to those areas within 60 days of written request by the City. PALESLIE\pccoaTT26718ext.wpd 2 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 11. The applicant shall create perimeter setback lots, of minimum width as noted, adjacent to the following street rights of way: A. Jefferson Street - Twenty -foot width Minimum widths may be used as average widths if meandering wall designs are approved. Required setback areas or lots shall apply to all existing and proposed street frontage of the parcel or parcels being subdivided including, but not limited to, remainder parcels and lots dedicated or deeded to others such as water well and power substation sites. Where public sidewalks are placed on privately -owned setback lots, the applicant shall dedicate blanket sidewalk easements over the setback lots. 12. The applicant shall vacate abutters' rights of access to Jefferson Street from lots abutting the street. Direct access to this street shall be restricted to access points listed hereinafter or as approved by the City. 13. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, and common areas. 14. Prior to approval of any final map, the applicant shall obtain easements from the owner of the property to the north (proposed for Tentative Tract 26855) for shared street access and for installation, operation and use of the proposed shared stormwater retention basin, and shall grant or dedicate like easements to the owner(s) of that property. Within ninety (90) days of the approval of Time Extension No. 1 of this tentative map, the applicant shall obtain and record an emergency access easement providing secondary access to this tract from a publicly -maintained street or this tentative map shall become null and void. The emergency access easement shall meet the requirements of the City Engineer and Riverside County Fire Department. 15. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAP(S) AND PARCEL MAP(S) 16. As part of the filing package for final map approval, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. PALESLIE\pccoaTT26718ext.wpd 3 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 17. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 18. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 19. When final plans are approved by the City, and prior to approval of the final map, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu choices so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions including approved revisions to the plans. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 20. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to agendization of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. P:\LESLIE\pccoaTT26718ext.wpd 4 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 21. If improvements are secured, the applicant shall provide approved estimates of improvement costs. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 22. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and development -wide improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a construction phasing plan is approved by the City Engineer. 23. The applicant shall pay cash or provide security in guarantee of cash payment for applicant's required share of improvements which have been or will be constructed by others (participatory improvements). Participatory improvements for this development include: A. Intersection of Pomelo and Jefferson Street - 27.2% of the cost to design and construct traffic signals. B. Jefferson Street - 54.4% of the cost to design and construct a bus turnout and shelter meeting the requirements of Sunline Transit Agency and the City Engineer. C. Jefferson Street - Reimburse Landmark Land Company (or its successors or assigns) for any street improvements installed by Landmark (or its successors or assigns) on the east side of the centerline of Jefferson Street along the frontage of Tentative Tract 26718. The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. 3A1.ESL1E\pccoaTT26718ext.wpd 5 Manning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 GRADING 24. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 25. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. In accordance with said Chapter, the applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 26. The applicant shall comply with the City's flood protection ordinance. 27. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 28. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 29. The applicant shall endeavor to minimize differences in elevation at the interface of this development with abutting properties and of separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shad not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 30. Prior to issuance of building permits, the applicant shall provide a separate document, bearing the seal and signature of a California registered civil engineer or surveyor, that lists actual building pad elevations for the building lots. The document shall list the pad elevation approved on the grading plan, the as -built elevation, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. 1ALESLIE\pccoaTT26718ext.wpd 6 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 31. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 32. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design 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. 33. Stormwater shall normally be retained in common retention basins. Individual -lot basins or other retention schemes may be approved by the City Engineer for lots 2Y2 acres in size or larger or where the use of common retention is determined by the City Engineer to be impracticable. If individual -lot retention is approved, the applicant shall meet all individual -lot retention provisions of Chapter 13.24, LQMC. 34. Storm flow in excess of retention capacity shall be routed through a designated overflow outlet and into the historic drainage relief route. 35. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 36. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site -specific data indicating otherwise. 37. Retention basin slopes shall not exceed 3:1. If retention is on individual lots, the retention depth shall not exceed two feet. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 38. Nuisance water shall be retained on site. A trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field shall be sized to percolate 3.42 gallons per hour per household. 39. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriffs Department), all areas of common retention basins shall be visible from the adjacent street(s). No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. PALESLIE\pccoaTT26718ext.wpd 7 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 40. If the applicant proposes drainage of stormwater from a design storm directly or indirectly to public waterways, the applicant and, subsequently, the Homeowners' Association shall be responsible for any sampling and testing of the development's effluent which may 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 the such discharge of the development's stormwater or nuisance water. The tract CC & Rs shall reflect the existence of this potential obligation. UTILITIES 41. All existing and proposed utilities within or adjacent to the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. 42. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 43. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a certificate of compliance for any waived final map, the development or portions thereof may be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall be responsible for all street and traffic improvements required herein. 44. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1. Jefferson Street (Major Arterial) - Install east half of 102-foot (curbface to curbface) improvement plus meandering eight -foot -wide sidewalk/bikepath B. PRIVATE STREETS AND CULS DE SAC 1. Residential - 36 feet wide if double loaded (building lots on both sides), 32 feet if single loaded 2. Cul de sac curb radius - 45' 3. Main entryway - As shown on Tentative Map or otherwise approved by the City Engineer PALE SLIE\pccoaTT26718ext.wpd 8 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 C. EMERGENCY ACCESS The applicant shall construct no more than 40 homes within this tract before cross - access routes, an emergency access route or other secondary tract access is improve as required by the City Engineer. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 45. Access points and turning movements of traffic shall be restricted as follows: A. Main Project Entryway - Divided no -left -out ingress/egress drive centered approximately 145' north of the most southerly tract boundary. B. Connecting road (between Lots 35 and 105) to the property to the north. The City may require that this connection be restricted to emergency use. C. Connecting road (between Lots 115 and 116) to the property to the north if the northerly extension is approved with the development of that property. 46. Improvements shall include all appurtenances such as traffic signs, channelization markings and devices, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. 47. The City Engineer may require improvements extending beyond development boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 48. Improvement plans for all on- and off -site streets and access gates shall be prepared by registered professional engineer(s) authorized to practice in the State of California. Improvements shall be designed and constructed in accordance with the LQMC, adopted Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. 49. Street right of way geometry for cuts de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 50. All streets proposed to serve residential or other access driveways shall be designed and constructed with vertical curbs and gutters or shall have other approved methods to convey nuisance water without ponding and to facilitate street sweeping. PALI S1,1E\pccoaTT26718ext.wpd 9 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 51. Street pavement sections shall be based on a Caltrans design for a 20-year life and shall consider soil strength and anticipated traffic loading (including site and building construction traffic). The minimum pavement sections shall be as follows: Residential &'Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The listed structural sections are minimums, not defaults. Street pavement sections shall be designed using Caltrans design procedures with site -specific data for soil strength and traffic volumes. The applicant shall submit current (no more than two years old) mix designs for base materials, Portland cement concrete and asphalt concrete, including complete mix design lab results, for review and approval by the City. For mix designs over six months old, the submittal shall include recent (no more than six months old at the time proposed for construction) aggregate gradation test results to confirm that the mix design gradations can be reproduced in production of the base or paving material. Construction operations shall not be scheduled until mix designs are approved. 52. Final inspection and occupancy of homes or other permanent buildings within the development will not be approved until the homes or permanent buildings have improved access, including street and sidewalk improvements, traffic control devices and street name signs, to publicly -maintained streets. If on -site streets are initially constructed with only a portion of the full thickness of pavement, the applicant shall complete the pavement when directed by the City but in any case prior to final inspections of any of the final ten percent of homes within the tract. LANDSCAPING 53. Perimeter walls and required landscaping for the entire perimeter to be enclosed shall be constructed prior to final inspection and occupancy of any homes within the tract unless a phasing plan or construction schedule is approved by the City Engineer. 54. The applicant shall provide landscape improvements in the perimeter setback areas or lots along Jefferson Street. 55. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. P:\I.IiSLIE\pccoaTT26718ext.wpd 10 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 56. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 57. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 58. Unless otherwise approved by the City Engineer, common basins and park areas shall be designed with grades and turf grass surface which can be mowed with standard tractor -mounted equipment. 59. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 60. Prior to final map approval, the applicant shall submit to the Community Development Department for review and approval, a plan (or plans) showing the following: A. Landscaping, for the perimeter and entry areas including plant types, sizes, spacing, location, and irrigation system. Desert or native plant species and drought resistant planting materials shall be incorporated into the landscape plan. Lawn shall be minimized and not used within five feet of the curb. No spray heads shall be used adjacent to street curbing or sidewalk areas. All trees within the landscape setback, including berming of perimeter setbacks, shall be a minimum 24-inch box, 1.5 inch calipher size. Berming shall be included with a gentle slop of 1 to three feet. QUALITY ASSURANCE 61. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 62. The subdivider shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program but which are required by the City to provide evidence that materials and their placement comply with plans and specifications. Testing shall include a retention basin sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. P:\I.I:SI,IE\pccoaTT26718ext.wpd 11 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 63. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 64. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. MAINTENANCE 65. The applicant shall make provisions for continuous and perpetual maintenance of all required improvements unless and until expressly released from said responsibility by the City. FEES AND DEPOSITS 66. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 67. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of the reapportionment. 68. Parkland fees shall be paid prior to final map approval as required by ther Subdivision Ordinance (Chapter 13.48). TRACT DESIGN 69. Development of the project site shall comply with Tentative Tract Map Exhibit A, as contained in the Community Development Department's file for this tentative tract, and with the following conditions, which conditions shall take precedence in the event of any conflict with the provisions of the tentative tract map. 70. Structures shall have a "windows closed" condition requiring a mechanical ventilation system and upgraded window with a minimum sound transmission class rating for Lots 1 and 73. P:\I.ESLIE\pccoaTT26718ext.wpd 12 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 71. A minimum six-foot high, solid, decorative, masonry wall with a two foot berm shall be provided along the perimeters of the project. The exact location, design, and materials shall be subject to review and approval by the Community Development Department prior to issuance of a grading permit. 72. All lighting facilities shall comply with Chapter 9.60.160 (Outdoor Lighting) and be designed to minimize light and glare impacts to surrounding property. All lighting to be installed shall be subject to review and approval by the Community Development Department. 73. Design of security gate entry shall be reviewed and approved by the Public Works and Community Development Departments prior to final map approval. BUILDING AND SITE DESIGN 74. The development of custom, single-family lots shall be governed by the following: A. The applicant shall establish a Design Review Committee to review and approve all development within this tentative tract. The main objective of this Committee shall be to assure that building architecture, building materials and colors, building height and setbacks, and landscape design follow appropriate design themes throughout the tract. Procedures and operation of the committee shall be set forth in the Tract's CC & R's. B. If one developer plans to build all the units in this subdivision, the following condition will apply. The applicant shall submit complete detailed architectural elevations for all units for Planning Commission review and approval prior to building permit issuance. The architectural standards shall be included as part of the CC & R's (if any), property covenants, or Real Estate Disclosure forms subject to final approval by the Community Development Director. The architectural design shall provide shading of glass areas from the south, east, and west exposures. C. The applicant shall establish within the CC& R's site design standards appropriate to estate and villa lots, including but not limited to, front, side and rear setbacks, lot coverage, etc. Standards shall be reviewed and approved by the Community Development Department as part of its review of the CC&R's, but be no less restrictive than the standards for the Low Density Residential (RL) Zoning District. D. Property lines and perimeter walls for all residential units shall be located at the top of the graded slope for each parcel. E. Prior to issuance of an occupancy permit for any house within this tentative tract, landscaping/ground cover and permanent irrigation system shall be installed and appropriately maintained. Type of planting, method of installation, and maintenance techniques shall be subject to plan approval by the Community PALESLIE\pccoaTT26718ext.wpd 13 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 Development Department. Each residence shall be provided with a minimum of two 15-gallon trees (minimum 1.25 inch calipher) with corner lots provided with five 15- gallon trees (minimum 1.5 inch calipher. F. Roof -mounted equipment for flat roofs (equipment is prohibited on sloped roofs) shall be screened from view at all sides by design of the house. All ground - mounted mechanical equipment shall be screened from view by methods approved by the Community Development Department. G. Lots 1 and 116 through 125 shall be developed with one story units, not to exceed 22 feet in height. FIRE MARSHAL 75. The applicant shall comply with the requirements of the Fire Marshal, who may approve alternate means of compliance where deemed appropriate and equivalent to these standards: A. Schedule fire protection approved Super Fire hydrants, (6" x 4" x 2 1/2" x 2 1/2") shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 gpm for 2 hours duration at 20 psi. B. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. The plans shall conform with the Fire Marshal's requirements for types, location and spacing of hydrants and fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." C. 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. D. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox key operated switches, series KS- 2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. P:\LIiSLIF\pccoaTT26718ext.wpd 14 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 E. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. F. Prior to recordation of the final map, the applicant shall provide alternate or secondary access as approved by the County Fire Department. Secondary access shall be provided prior to occupancy. MANAGEMENT 76. Prior to the recordation of the final map, the applicant shall submit to the Community Development Director the following documents which shall demonstrate to the satisfaction of the City that the open space/recreation areas and private streets and drives shall be maintained in accordance with the intent and purpose of this approval. A. The document to convey title; B. Covenants, Conditions, and Restrictions to be recorded; and, C. Management and maintenance agreement to be entered into with the unit/lot owners of this land division. The approved Covenants, Conditions, and Restrictions shall be recorded a the same time that the final subdivision map is recorded. A Homeowner's Association, with the unqualified right to assess the owners of the individual units for reasonable maintenance costs, shall be established and continuously maintained. The association shall have the right to lien the property of any owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust, provided that such deed of trust is made in good faith and for value and is of record prior to the lien of the homeowners association. MISCELLANEOUS 77. Grading, drainage, street, lighting, landscaping & irrigation, park, gate, and perimeter wall and meandering sidewalk plans are not approved for construction until they have been signed by the City Engineer. 78. Prior to issuance of Certificates of Occupancy for buildings within the tract, the applicant shall install traffic control devices and street sign names along access roads to those buildings. 79. Street names shall be submitted and approved by the Community Development Department prior to final map approval and street sign installation. P:\I.LSLIE\pccoaTT26718ext.wpd 15 Planning Commission Resolution 98-_ Conditions of Approval TT 26718- First Time Extension- Hansch April 14, 1998 80. All potential purchasers of lots shall be notified in writing there are horses on surrounding properties that may be allowed to remain. Method of notification shall be approved by the Community Development Director prior to recordation of the final map. 81. Prior to recordation of the first final map, a reciprocal access easement shall be granted allowing the ten acre property to the west (not a part of this subdivision) emergency secondary access through Tentative Tract 26855. P:\LESLIE\pccoaTT26718ext.wpd 16 STAFF REPORT PLANNING COMMISSION DATE: APRIL 14, 1998 CASE NO.: SITE DEVELOPMENT PERMIT 98-621 REQUEST: COMPATIBILITY REVIEW APPROVAL TO ALLOW SIX NEW PROTOTYPE PLANS FOR THE CITRUS COUNTRY CLUB IN COMPLIANCE WITH THE ADOPTED SPECIFIC PLAN AND TRACTS 24890-6 AND 28719 LOCATION: ON PORTIONS OF LIGA, POMO, CETRINO, CIDRA, AND BAYA STREETS APPLICANT: PETERS -HOVER COMPANY (MR. THOMAS I. HOVER, PRESIDENT) PROPERTY OWNER: KSL LAND CORPORATION ARCHITECT: HOVE DESIGN ALLIANCE AND BBG ARCHITECTS GENERAL PLAN LAND USE DESIGNATION: LOW DENSITY RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) SPECIFIC PLAN LAND USE DESIGNATION/ ZONING: RESIDENTIAL AND RL (LOW DENSITY RESIDENTIAL) BACKGROUND: Project History The Oak Tree West Specific Plan (SP 85-006) permits 2,245 residential units, golf courses, and a small amount of office commercial at the southwest corner of Avenue 52 and Jefferson Street. The Citrus Country Club, a portion of this master planned community, is approved for approximately 570 single family houses around an existing 18- hole golf course. To date, approximately 100 housing units and the community clubhouse have been built. STRPTSDP621KSL-22, RESOPCSDP621-22, CONDPCSDP621-22 Page 1 of 5 The initial home builder of the Citrus Country Club was the J. M. Peters Company which built paired houses that ranged in size from 2,439 square feet to 2,727 square feet and detached houses ranging from 3,069 square feet to 3,710 square feet. The model complex was constructed on Sandia in 1990 and is located to the southeast of the Clubhouse. Existing custom-built houses in the Citrus range in size from approximately 3,000 square feet to over 5,200 square feet. These houses are located on the west side of the development on Lima, Pina, Nispero, and Citrus. In 1997, KSL Development Corporation and Marvin Homes received approval, under Site Development Permits 96-597 and 97-613, to build one story houses that range in size from 2,195 square feet to 4,542 square feet (i.e., Ryder, Heritage, and Masters Series). The houses are generally three or four bedrooms with two- and three -car garages. Existing architectural facades within the development are varied but focus on Spanish - style themes. Exterior finishes consist of concrete roof the (S-tile) with plaster cement walls (i.e., desert colors). Roof eaves treatments are varied (e.g., exposed rafter tails, box stucco, etc.). Proiect Request The applicant requests approval of six new prototype plans for two areas (i.e., 121 lots) within the Citrus development (Attachment #1). Each prototype plan is described below: Product "A" Plan 1 Plan 2 Plan 3 2,424 square feet 2,480 square feet 2,504 square feet 3 bedrooms 3 bedrooms 4 bedrooms 2 car garage + cart storage 2 car garage + cart storage 2 car garage + cart storage Product "B" Plan 1 Plan 2 Plan 3 3,077 square feet 3,439 square feet 3,660 square feet 3,869 square feet 3 or 4 bedrooms 4 bedrooms 4 bedrooms 3 car garage 3 car garage 3 car garage STRPTSDP621KSL-22, RESOPCSDP621-22, CONDPCSDP621-22 Page 2 of 5 The proposed houses are one-story and vary in height from approximately 15'-6" to 19'-6" excluding chimney projections. The architectural style is California Mediterranean with the houses having hip and gable designs with "S" the roofs, exterior cement plaster walls and fascia treatments. Each house plan has a minimum of three different street elevations. Stucco coated privacy walls are provided in the side and front yard areas to provide courtyards. Public Notice A public hearing notice was published in the Desert Sun Newspaper on April 1, 1998, and mailed to all affected property owners informing them of the April 141h hearing. Any written correspondence received is attached. Specific Plan 85-006, Amendment #2 On February 17, 1998, the City Council adopted Resolution 98-13, permitting an amendment allowing smaller single family lots of not less than 6,000 square feet for Specific Plan 85-006 (Amendment #2) and setback requirements consistent with the RL District. Compatibility Review No residential unit shall be approved under compatibility review unless the Planning Commission determines that it complies with the following development standards: 1. A two-story house shall not be constructed adjacent to, or abutting, a lot line of an existing single -story home constructed in a prior phase of the same subdivision unless proof can be provided showing that a two-story unit was proposed for the lot by the prior builder. Response: One story houses are being proposed by the applicant which can be built on any lot within Tracts 24890-6 and 28719 according to the provisions of SP 85-006 (Amendment #2). 2. If lot fencing has been provided in the subdivision, the new developer shall provide the same, or better, type of fencing for the new dwelling, as determined by the Planning Commission, including any perimeter subdivision fencing. Response: Privacy fencing is cement plaster on masonry to match existing houses. 3. Proposed single-family dwellings shall be compatible to existing dwellings in the project or to dwellings which are approved for construction as shown on the plans and materials board, unless otherwise approved by the Planning Commission with respect to the following design elements: (a.) architectural material such as roof Page 3 of 5 material, window treatment and garage door style; (b.) colors; (c.) roof lines; and (d.) lot area. Response: The applicant's plans propose an architectural style which uses concrete tile roofing (S-shaped tile) and exterior cement plaster surfaces with desert color tones. Windows are embellished with stucco surrounds and roof fascias are also stuccoed to match existing homes. To accentuate the street views of the houses, roof lines are varied by using hip and gable design elements and standard 4:12 roof trusses. The proposed houses are consistent in design with the existing houses built by prior tract builders. Conditions are proposed to ensure the houses meet the requirements of SP 85-006, Tract 24890 and Tract 28719. The single family lots are not being modified by this application's submittal. 4. At least one specimen tree (i.e., minimum 24" box size and minimum 10' tall, measured from top of box) shall be provided in the front yard or street side yard. Response: Conditions are recommended to ensure an adequate number of trees and shrubs are installed prior to final inspection of the houses. 5. The single-family dwelling units proposed within a partially developed subdivision shall not deviate by more than ten percent from the square footage of the original units by the original developer which have either been approved or constructed. Response: The proposed houses are between 2,424 square feet and 3,869 square feet and exceed the 1,400 square foot minimum established by the City Council under Amendment #2 of SP 85-006 (Resolution 98-13) and are within 10 percent of the initial 2,439 to 3,710 square feet originally constructed in the project. CONCLUSION: Housing units that propose four bedrooms or more (i.e., 3 bedrooms + den, etc.) require a minimum of three garage parking spaces under the provision of Chapter 9.150 of the Zoning Code. Therefore, staff is recommending a condition requiring three car garages for all units with four or more bedrooms unless the Specific Plan is modified to require otherwise. The prototype houses have architectural design elements consistent with other previously approved houses in the Citrus Country Club development. The house plans, as designed, meet the requirements of Specific Plan 85-006 and the Zoning Code. RECOMMENDATION: Adopt Planning Commission Resolution 98- , approving the prototype house plans for the Citrus Country Club, subject to the attached Findings and Conditions of Approval. Page 4 of 5 Attachments: 1. Site Location 2. Architectural Plans (Commission only) by, Greg Tro I; Associate Planner Submitted by: Christine di lorio, Planning Manager Page 5 of 5 RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 98-621 (COMPATIBILITY REVIEW) TO ALLOW CONSTRUCTION OF SIX PROTOTYPE SINGLE FAMILY HOUSE PLANS RANGING IN SIZE FROM 2,424 SQUARE FEET TO 3,869 SQUARE FEET FOR THE SINGLE FAMILY LOTS IN TRACTS 24890-6 AND 28719 (CITRUS COUNTRY CLUB) CASE NO.: SITE DEVELOPMENT PERMIT 98-621 APPLICANT: PETERS -HOVER COMPANY WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14' day of April, 1998, hold a duly noticed Public Hearing to consider prototype housing plans for Tracts 24890-6 and 28719, located in the Citrus Country Club development, more particularly described as: Portions of Section SE 1/4 of Section 6 and SW 1/4 of Section 6, T6S, R7E, S.B.B.M. (Tracts 28719 and 24890-6) in the City of La Quinta, County of Riverside, State of California WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Director has determined that the original Environmental Impact Report for Specific Plan 85-006 (Oak Tree West Specific Plan) approved by the City Council in 1985, and as amended, is still valid and binding on this development request. Therefore, no additional environmental review is warranted; 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 for Site Development Permit 98-621 as required under Section 9.60.300 (Compatibility Review) of the Zoning Code: A. A two-story house shall not be constructed adjacent to, or abutting, a lot line of an existing single -story home constructed in a prior phase of the same subdivision unless proof can be provided showing that a two-story unit was proposed for the lot by the prior builder. One story houses are being proposed by Peters -Hover Company which can be built on any lot within Tracts 24890-6 and 28719 according to the provisions of SP 85- 006 and the requirements of the Zoning Code. RESOPCSDP621Peters-22, CONDSDP621-22 Planning Commission Resolution 98-_ Site Development Permit 98-621 April 14, 1998 B. If lot fencing has been provided in the subdivision, the new developer shall provide the same, or better, type of fencing for the new dwelling, as determined by the Planning Commission, including any perimeter subdivision fencing. Privacy fencing by the applicant is cement plaster on masonry to match existing houses. C. Proposed single-family dwellings shall be compatible to existing dwellings in the project or to dwellings which are approved for construction as shown on the plans and materials board, unless otherwise approved by the Planning Commission with respect to the following design elements: (a.) architectural material such as roof material, window treatment and garage door style; (b.) colors; (c.) roof lines; and (d.) lot area. The applicant's plans propose an architectural style which uses concrete tile roofing (S-shaped tile) and exterior cement plaster surfaces with desert color tones. Windows are embellished with stucco surrounds and roof fascias are also stuccoed to match existing homes. To accentuate the street views of the houses, roof lines are varied by using hip and gable designs elements. The houses are plotted so that the front yard of the house is generally 20-feet from the front property line with the backyards facing onto the golf course fairways. Garage parking will be provided for each house as required. Three car garages are required when the number of bedrooms is four or more. The proposed houses are consistent in design with the existing houses built by previous developers. The single family lots were established by the City Council's approval of the tracts. No lot changes are proposed by the applicant. D. At least one specimen tree (i.e., minimum 24" box size and minimum 10' tall, measured from top of box) shall be provided in the front yard, or street side yard. The front yard of each house will have a minimum of one box tree and one 15- gallon tree for interior lots and additional trees on corner lots. Additionally, shrubs and lawn will be used to accent the proposed trees. Landscape plans shall be prepared for the project and include plant material currently being used within the development. The plant material, once installed, shall be compatible with existing landscaping. E. The single-family dwelling units proposed within a partially developed subdivision, shall not deviate by more than ten percent from the square footage of the original units by the original developer which have either been approved or constructed. The proposed houses are between 2,424 square feet and 3,869 square feet and comply with the 10 percent deviation requirement of Section 9.60.300 of the Zoning Code. The development of the project, as conditioned, will be compatible with the surrounding area. RESOPCSDP621Peters-22, CONDSDP621-22 Planning Commission Resolution 98-. Site Development Permit 98-621 April 14, 1998 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 approve Site Development Permit 98-621 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on the 14th day of April, 1998, 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 RESOPCSDP621Peters-22, CONDSDP621-22 PLANNING COMMISSION RESOLUTION 98- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 98-621 (COMPATIBILITY REVIEW) PETERS -HOVER COMPANY APRIL 14, 1998 CONDITIONS: This site development permit shall expire on April 14, 1999, unless extended pursuant Section 9.200.080 of the Zoning Code. 2. Pedestrian gates leading into the side and back yards shall be wrought iron or tubular metal and painted to match the exterior house colors or approved HOA colors. 3. The landscape/irrigation plans shall be submitted to the Community Development Department for review. The plans will require Community Development Department, Coachella Valley Water District, and the Riverside County Agriculture Commissioner approval before they will be considered final. The plans shall include the following: (A) front yard landscaping shall include lawn and a minimum of ten shrubs (i.e., 5-gallon or larger) and two trees (i.e., one 15-gallon with 1" diameter trunks and one 24" box tree with a 1.75" diameter trunk) for interior lots and five trees (four trees @ 15-gallon minimum with one 24" box tree) for corner lots; and (B) landscaping or fencing shall screen all ground mounted mechanical equipment. All provisions of Chapter 8.13 (Water Efficient Landscaping and Irrigation) of the Municipal Code shall be met. The developer and subsequent property owner shall continuously maintain all landscaping in a healthy and viable condition. 4. Lawn areas for front yards shall be either Hybrid Bermuda (Summer) or Hybrid Bermuda/Rye (Winter) depending upon the season when it is planted. All trees shall be double staked with lodge poles to prevent wind damage. All shrubs and trees shall be watered with bubblers or emitters. Landscape improvements for each house shall be installed before final occupancy of the house. 5. Ground mounted equipment (air-conditioning condensers, etc.) shall be located in side and/or rear yard areas behind screen walls or landscaping. All equipment shall be a minimum distance of five -feet from any property line. 6. All requirements of Tentative Tract Maps 24890-6 and 28719 shall be met during building permit plan check approval. 7. Front yard setbacks shall be varied from 20-feet to 25-feet to create additional interest in the streetscape as required by Specific Plan 85-006. CONDSDP62IPeters-22. RESOSDP621-22 Page 1 of 2 Resolution 98-_ Site Development Pernut 98-621 April 14, 1998 8. A Minor Use Permit shall be required for temporary model complexes (sales offices) including signs/flags per Section 9.60.250 of the Zoning Code. 9. Roll -up, sectional metal garage doors shall be installed for all homes. 10. Private yard walls shall be constructed using masonry blocks and be finished with cement plaster. 11. Each required garage parking space shall have a minimum interior dimension of 10' in width by 20' in depth pursuant to Chapter 9.150 (Parking) of the Zoning Code. A three car garage is required for houses that have four or more bedrooms. 12. Street mailboxes shall be shared between two or more houses unless otherwise approved by the U.S. Postal Service. 13. Property owner/developer agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. Page 2 of 2 ATTACHMENTS Club V i' Site Location CASE MAP CASE Nm Site Development Permit 98-621 ATTACHMENT #1 NORTH SCALE:NTS Tullf 440" MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Community Development Department DATE: April 14, 1998 RE: CONTINUATION OF: REPEAL OF SPECIFIC PLAN 87-009 ZONING CODE AMENDMENT 98-060 CHANGE OF ZONE 98-085 Staff is requesting a continuance of the subject items in order to allow further input on the Guidelines. However, it would be appropriate to open the public hearing and take testimony from interested parties who have taken the time to appear at the hearing on this matter, as well as to afford an opportunity for Commission comment and any further direction to staff regarding these items. PH #r, PLANNING COMMISSION STAFF REPORT DATE: APRIL 14,1998 CASE NO.: ZONING CODE AMENDMENT 98-061 INITIATED BY: CITY OF LA QUINTA REQUEST: CONSIDERATION OF MISCELLANEOUS AMENDMENTS TO TITLE 9 (ZONING CODE) OF THE LA QUINTA MUNICIPAL CODE ENVIRONMENTAL DETERMINATION: SAID AMENDMENTS HAVE BEEN DETERMINED TO BE EXEMPT PER SECTION 15061 (B, 3) OF THE GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. BACKGROUND: General The current Zoning Code was rewritten and adopted in September, 1996, by Ordinance 284. Revisions are recommended to many sections of the Zoning Code. Additions and modifications are shown in bold italic lettering with deletions lined out. Changes vary from correcting grammatical corrections, to modifying compatibility review requirements and provisions for new standards and requirements. Standards for the development of recreational vehicle parks, including permitted zones and design standards are proposed. Other pertinent new provisions address earth berming requirements along street setbacks, residential tract and country club architectural design requirements, and custom home design requirements. Revisions to The Village Specific Plan and Hillside Conservation Regulations are being processed separately and will be presented in the near future. Changes that were proposed during your review of ZCA 97-058 are in some cases included, but have not been changed from their original format. pAstan\pc ss rpt zca 97-061 Rather than describing each change in this report, the revisions can be reviewed individually during the hearing. This will ensure that the change and its intent is clear. Only those affected Zoning Code sections are attached. Please refer to your Zoning Code for those sections not attached. Because of the complexity of the Zoning Code, it is recommended that action on this amendment be continued to the meeting of April 28, when the RC Zoning District changes are again reviewed. This will permit a comprehensive review of all proposed changes and allow time to research any additional changes requested by the Commission. RECOMMENDATION: Review draft revisions and continue ZCA 98-061 to April 28,1998. Attachment: 1. Recommended Zoning Code changes Prepared by: Stan B. Sawa, Principal Planner Submitted by: Christine di lorio, Planning Manager pAstan\pc ss rpt zca 97-061 CHAPTER 9.40: RESIDENTIAL PERMITTED USES Sections: 9.40.010 Development Permits Required .............. 40-1 9.40.020 RR Overlay Permitted Uses ................. 40-1 9.40.030 Conditions for Varying Residential Densities ... 40-1 9.40.040 Table of Permitted Uses .................... 40-2 9.40.010 Development Permits Required. This Chapter specifies land uses and structures permitted within residential districts. However, in most cases development to establish a use or structure requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. 9.40.020 RR Overlay Permitted Uses. Permitted uses in the RR Rural Residential overlay district shall be as designated for the underlying base district. 9.40.030 Conditions for Varying Residential Densities. A. Criteria. General Plan Policy 2-1.1.9 provides certain criteria for allowing lower density residential uses in higher density districts and vice versa. Therefore, the criteria in this Section shall apply when such variation in permitted uses is proposed: B. Lower Density Uses. RVL, RL and RM uses may be located in areas designated on the General Plan Land Use Policy Diagram as Medium High Density Residential or High Density Residential provided: 1. A specific plan is approved and the overall project density is consistent with that of the General Plan. 2. The decision -making body makes the following findings in addition to those required per Chapter 9.250 (Specific Plans). a. The RVL, RL and RM residential uses are part of a mixed -use planned development. b. Utilities and transportation facilities to the site are designed for the use and density designated on the General Plan Land Use Policy Diagram. c. The RVL, RL or RM residential development will not create a deterrent negatively impacting future RMH or RH development. d. RVL, RL and RM uses are adequately buffered from adjacent RMH and RH uses, commercial sites, and arterial roadways. 3. If the preceding criteria are not met, a General Plan Amendment will be required to allow the RVL, RL or RM uses in the Medium High or High Density designated area. 40-1 9.50: RESIDENTIAL PERMITTED USES C. Higher Density Uses. RMH and RH uses may be located in areas designated on the General Plan Land Use Policy Diagram as Very Low Density Residential, Low Density Residential, or Medium Density Residential provided: 1. A specific plan is approved and the overall project density is consistent with that of the General Plan Land Use Policy Diagram. 2. The decision -making body makes the following findings in addition to those required per Chapter 9.250 (Specific Plans). a. The RMH and RMH residential uses are part of a mixed -use planned development. b. Utilities and transportation facilities to the site are designed to accommodate the RMH or RH uses. c. The RMH or RH uses are located adjacent to or in close proximity to arterial roadways and intersections. d. The RMH or RH uses buffer RVL, RL or RM uses from commercial uses and arterial roadways. e. The RMH or RH uses are located in close proximity to park/open space uses such as neighborhood and community parks, schools, or other recreational facilities, or, if not located in close proximity to these facilities, the RMH or RH uses provide substantial recreational amenities within the development. 3. If the preceding criteria are not met, a General Plan Amendment will be required to allow the RMH or RH uses in the Very Low, Low, or Medium Density designated area. 9.40.040 Table of Permitted Uses. Table 401: Permitted Uses in Residential Districts, following, specifies those uses and structures which are permitted within each residential district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal residential use on the site. 3. "C": Permitted if a conditional use permit is approved. 4. "M": Permitted if a minor use permit is approved. 5. "H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved. 6. "S": Permitted if a Specific Plan is approved per Sec. 9.40.030. 7. "X": Prohibited in the district. 40-2 9.50. RESIDENTML PERMITTED USES TABLE 401: PERMITTED USES IN .RESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A = Accessory Use H = Home Occupation Permit, C = Cond. Use Permit S = Specific Plan Required X = Prohibited Use DISTRICT d �� > a a° xr c� 4 a a°, c LAND USE RVL RL RC RM RMH RH Residential Uses Single family detached dwellings P P P P P S Single family detached patio homes (i.e. "zero lot -line") S S S S P S Duplexes (two units on the same lot) S S S S P P Single family attached dwellings (two units per building with each unit on its own lot S S X S P P Townhome dwellings (two or more units per building with each unit on its own lot S S X S P P Resort Residential subject to Section 9.64320 C C X C C C Condominium Multifamily ("airspace" units S S X S P P Apartment Multifamily rental units X X X X P P Mobile home parks C C C C C C Mobile home subdivisions and manufactured homes on individual lots, subject to 9.60.180 P P P P P X Group Living and Care Uses Child day care facilities as an accessory use, serving 8 or fewer children, subject to §9.60.190 Revised 4/97 A A A A A X Child day care facilities as an accessory use, serving 9-14 children, subject to §9.60.190 Revised 4/97 M M M M M X Congregate carefadW& C C C C C C Congregate living facilities, 6 or fewer persons P P P P P X Residential care facilities, 6 or fewer persons P P P P P P Senior citizen residences, 6 or fewer persons, subject to §9.60.200 P P P P P P Senior group housing, 7 or more persons, sub'. to 9.60.200 1 X X X I X I C C I.oupdate-residential&supresidential 40-3 9.50. RESIDENTIAL PERMITTED USES TABLE 401: PERMITTED USES IN RESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A= Accessory Use H= Home Occupation Permit C = Cond. Use Permit S = Specific Plan Required X = Prohibited Use DISTRICT �. a j r 24 a a x LAND USE RVL RL RC RM RMH RH Timeshare facilities, subject to §9.60.290 C C C C C C Bed and breakfast inns Revised 4/97 §9.60.280 C C C C C C Open Space and Recreational Uses Public parks, playfields, and open sace P P P P P P Bicycle, a uestrian, and hiking trails P P P P P P Clubhouses and community ools/cabanas P P P P P P Unlighted tennis and other game courts on pvt. property, subject to §9.60.150 A A A A A A Lighted tennis and other game courts on private property, subject to §9.60.150 Revised 4/97 M M M C C C Golf courses and country clubs per § 9.110.040 Revised 4/97 P P P P P P Driving range with or without lights Revised 4/97 C C X C C C Accessory Uses and Structures Home occupations, subject to §9.60.110 H H H H H H Patio covers, decks, and gazebos, subject to §9.60.040 A A A A A A Fences and walls, subject to §9.60.030 A A A A A A E)titdour antennas mid satellite dishes and other antennas subject to §9.60.080 MA MA MA MA MA MA Swimming pools, spas and cabanas, subject to §9.60.070 A A A A A A Guest houses, subject to §9.60.100 M M M X X X 2nd units, "granny flats", and employee quarters, subject to 9.60.090 M M M M M M Garages and carports, subject to §9.60.060 A A A A A A Keeping of household pets, subject to 9.60.120 A A A A A A Zoupdate-residential&supresidential 40-4 9.50: RESIDENTIAL PERMITTED USES TABLE 401: PERMITTED USES IN RESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A= Accessory Use H= Home Occupation Permit C = Cond. Use Permit S = Specific Plan Required'. X = Prohibited Use DISTRICT a >74 LAND USE RVL RL RC RM RMH RH On lots of 1 ac. or more, the noncommercial keeping of hoofed animals, fowl (except roosters) and rabbits, subj. to §9.60.120. Hoofed animals include horses, sheep, goats, pot bellied pigs, and similar. The keeping of horses is subject to §9.140.060 and limited to one horse per Z5 "res. A A X X X X Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district. A A A A A A Agricultural Uses Tree crop farming; greenhouses P X X X X X Field crop farming P C X X X X Produce stands, subject to §9.100.100 P M X X X X Temporary Uses Garage sales A A A A A A Construction and guard offices, subject to §9.60.210 M M M M M M Use of relocatable building M M M M M M Model home complexes and sales offices, subj. to §9.60.250 M M M M M M Special outdoor events, subject to §9.60.170 M M M M M M Parking of recreational vehicles, subject to §9.60.130 A A A A A A Other Uses Churches, temples and other places of worship X C X C C X Museum or gallery displaying sculpture, artwork, or crafts, including schools for above, on 20 acres or more C I C C C C C Community recreational vehicle storage lots, noncommercial X X X P P P 7,oupdate-residential&supresidential 40-5 9.50: RESIDENTML PERMITTED USES TABLE 441: PERMITTED USES IN RESIDENTIAL DISTRICTS DISTRICT P = Principal Use M = Minor Use Permit A = Accessory Use H = Home Occupation Permit s H a x � a C = Cond. Use Permit S = Specific Plan Required . �. ' ' a.4 a.� : e Prohibited Use ;:A A x "� a ' A A LAND USE RVL RL RC RM RMH RH Communication towers and equipment subject to Chapter C C C C C C 9.170 Utility substations and facilities M M M M M M Public flood control facilities and devices P P P P P P Other principal, accessory or temporary uses not listed in this Director or Planning Commission Table. to determine whether use is permitted in accordance with §9.20.040 Zoupdate-residential&supresidential 40-6 9.50. RESIDENTIAL PERMITTED USES 9.50.050 Maximum Building Height. For purposes of this Code, the maximum height of buildings and other structures shall be defined as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary plane shall be established above and parallel to the finish grade adjacent to the exterior walls at a vertical distance equal to the specified maximum height. This definition is illustrated below: STRUCTURE MAY NOT PENETRATE IMAGINARY PLANE I ' 11 II II II I I Max. Height II II II II Max. I Height I xtetl°rWa�ls F`nish Grade A�O�nd E Figure 505: Measurement of Building Height 9.50.060 Architectural Projections. A. Roof Projections. Notwithstanding Figure 505, chimneys, roof vents, finials, spires, and similar architectural features not containing usable space are permitted to extend up to three feet above the maximum structure height set forth in Table 501 preceding. (Revised 4/97) B. Projections. The following architectural projections are permitted to encroach into the required setbacks specified in Table 501 preceding: (Revised 4/97) Roof overhangs, chimneys, awnings and canopies may encroach a maximum of two feet into any required setback provided such projections are no closer than 3'/2 feet from any property line. 2. Cantilevered seating windows or ledges, which are located a minimum of one foot above the floor and do not increase a building's usable floor area, may encroach a maximum of two feet into any required setback provided such projections are no closer than 3'/z feet to any property line. 3 if a site development permit is approved per Seetion 9.210.010-, Balconies, exterior stairways, and elevated uncovered decks may encroach a maximum of four feet into required front and rear setbacks provided such projections are no closer than 3'/2 feet from any property line. Such projections shall not encroach into required side setbacks nor increase a buildings usable floor space. I.oupdate-residential&supresidential 50-8 9.50. RESIDENTIAL PERMITTED USES 9.50.070 Irregular Lots. A. Purpose. Setback distances established for residential districts are based on rectangular lots. Nonrectangular lots, lots with three sides or more than four sides, and other nonstandard lots require special measurement techniques in order to achieve the purpose of setback requirements, i.e. the appropriate separation of structures from streets and other properties. The purpose of this Subsection is to provide standards for the establishment and measurement of setbacks on irregular lots. (See Chapter 9.280 for definition of lot lines.) FLAG LOT SETBACKS SAME AS FOR OTHER LOTS RQSIDEVARD ` SETBACK SWARD I t ttr REAR LOT LINE for MEASUAM SETBACK ALOT Esr REARYARO SETBACK r' / SIOEYARD SETBACK STREET RIGHT OF wnY Figure 506: Setbacks on Irregular Lots B. Front Setbacks. Front yard setbacks shall be measured from the ultimate street right-of-way line. C. Rear Setbacks. In the case of an irregularly shaped lot, a ten foot line which is within the lot and parallel to and most distant from the front lot line shall be considered the rear lot line for purposes of determining required setbacks and for interpretation of other provisions of this Code (see illustration). D. Side Setbacks. All lot lines which are not front or rear lot lines shall be considered side lot lines for the purpose of measuring setbacks. �sEAR''�� }� LOT AIRREA0— I LINE LOT ; LINE FRONT LOT LINE FRONT LOT LINE Figure 507. Rear Lot Line for Measuring Setbacks E. Pie -Shaped Lots. Setbacks on pie -shaped lots shall be measured at the closest point between the building and the angled lot line. F. Flag or Panhandle Lots. 1. Definition. For purposes of this Section, "panhandle lot", "flag lot", "panhandle building site", and "flag building site" all mean the following: a lot or building site having its only vehicular access by way of a narrow accessway which serves no other property and which is less than 40 feet wide and more than 20 feet long. I,oupdate-residential&supresidential 50-9 9.50. RESIDENTIAL PERMITTED USES 2. Setbacks. All setbacks shall be the same as for other lots in the applicable district. The Director shall determine the front lot line via the following procedure (see illustration): a. A line shall be drawn across the accessway where it meets the buildable portion of the lot. b. The front lot line shall then be determined as that lot line adjacent to the buildable FLAG LOT SETBACKS SAME FRONT LOT LINE ON FLAG AS FOR OTHER LOTS LOTS SHALL BE DETERMINED BY THE r1r — , iR0 1#U(LDABLE,: � AREA LINE ACROSS A Q AY, l FLAG VW Figure 508: Flag Lot Setbacks and Front Lot Line a buildable area with greate depth titan width accessway which has the least amount of lot width. 3. No Structures in Panhandle. No structures shall be permitted in the panhandle portion of the lot nor shall that portion be credited to minimum lot area requirements. 4. Minimum Lot Frontage. Minimum lot frontage for flag lots shall be 4-915 feet. G. Determination by Director. Where a building site is situated such that any of the front, side or rear property lines are not readily determinable, required setbacks shall be as determined by the Director in compliance with the following criterion: required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses. 9.50.080 Setbacks from Surface Easements. Where a surface easement for street, vehicular access, bikeway, or recreation trail purposes has been granted across any portion of a lot, the building setback shall be measured from the property line or to the edge of easement, whichever is closer to the building. Section 9 50.090 RC District Development Standards In addition to the requirements of Chapter 9.30 (Residential Districts) and Chapter 9.60 (Supplement Residential Regulations) the following shall be required for homes built within the RC District. - A. Requirements. 1. All single family residences shall be reviewed using the Cove Residential Design Procedures. Zoupdate-residential&supresidential 50-10 CHAPTER 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS Sections: 9.60.010 Purpose and Intent ..................... 60-1 9.60.020 Signs and Parking ..................... 60-1 9.60.030 Fences and Walls ....................... 60-1 9.60.040 Patio Covers, Decks and Play Equipment ... 60-5 9.60.050 Storage and Other Accessory Buildings..... 60-6 9.60.060 Garages and Carports ................... 60-7 9.60.070 Swimming Pools ........................ 60-7 9.60.080 Satellite Dish and Other Antennas ......... 60-8 9.60.090 Second Residential Units ................. 60-9 9.60.100 Guest Houses ......................... 60-11 9.60.110 Home Occupations ..................... 60-12 9.60.120 Pets and Other Animals ................ 60-14 9.60.130 Recreational Vehicle Parking ............ 60-14 9.60.140 Screening ............................ 60-15 9.60.150 Tennis and Other Game Courts .......... 60-16 9.60.160 Outdoor Lighting ...................... 60-17 9.60.170 Special Outdoor Events ................. 60-18 9.60.180 Manufactured Housing and Mobile Homes ....................... 60-19 9.60.010 Purpose and Intent. 9.60.190 Family-HayChild Care Facilities ....... 60-20 9.60.200 Senior Citizen Housing ............... 60-21 9.60.210 Construction and Guard Offices........ 60-21 9.60.220 Trash and Recyclable Materials Storage. 60-22 9.60.230 Noise Control ....................... 60-22 9.60.240 Landscaping and Open Area .......... 60-22 9.60.250 Model Home Complexes .............. 60-24 9.60.260 Condominium Conversions............ 60-26 9.60.270 Density Bonuses for Affordable Housing. 60-29 9.60.280 Bed and Breakfast Regulation ......... 60-32 9.60.290 Timeshare Regulations ............... 60-33 9.60.300 Compatibility Review for Partially -Developed Subdivisions ..... 60-39 9.60.310 Restrictions on Multi -Story Buildings at Project Boundaries ...... 60-41 9.60.320 Resort Residential ................... 60-41 9.60.330 Residential Tract and Country Club Architectural Design Guidelines ...... 6043 9.60.340 Custom Home Design Guidelines ....... 60-43 This Chapter sets forth requirements for accessory structures, fences and walls, swimming pools, and other special aspects of land use in residential districts. These requirements are in addition to the regulations for residential uses set forth in Chapters 9.30 through 9.50. 9.60.020 Signs and Parking. Refer to Chapter 9.150 for parking regulations and Chapter 9.160 for sign regulations. 9.60.030 Fences and Walls. A. Definition. For purposes of this Section, "fence" or "wall" means any type of fence, wall, retaining wall, sound attenuation wall, screen, or windscreen. The terms "fence" and "wall" are used interchangeably in this Section to mean any or all of the preceding structures. B. Measurement of Fence Height. Except as otherwise specified in this Section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher. In addition, the following provisions shall apply to the measurement of fence height: Open railings, up to 48 inches high, placed on top of a retaining or other wall and FENCES MORE THAN 31P APART @etween adjacent faoeej SHALL HE CONSIDERED SEPARATE STRUCTURES FOR OPEN RAILING UP TO 48" HIGH PURPOSES OF MEASURING HEIGHT ON TOP OF MAX. HEIGHT WALL FOR PEDESTRIAN SAFETY INDEPENDENT WALL — MAXIMUM WALL HEIGHT c INDEPENDENT WALL y 9p °6,�`.Y.A � ya�'3+, i.'y"'F'"I•'�<M `9 ... '.) j S. Eyr�I<a.R'. , e:..s'.�s Figure 601: Measurement of Fence Height required for pedestrian safety shall not be included in the height measurement. Zoupdate-residential&supresidential 60-1 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS 2. Fences less than 30 inches apart (measured between adjoining faces) shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Fences 30 inches or more apart shall be considered separate structures and their heights shall be measured independently. The Director may require that the area between such fences be provided with permanent landscaping and irrigation. C. M=hnwn Fence Heights. The construction and installation of fences shall be in compliance with the following standards: 1. Within Main Building Area. In the area of a lot where a main building may be constructed, the maximum freestanding fence height shall be 12 feet. 2. Setback Areas Not Bordering Streets. The maximum fence height shall be six feet within any required setback area not adjoining a street. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. However, fence height shall not exceed eight feet measured from either side with the exception of the RC District (see Section 9.30.040). 3. Setback Areas Bordering Streets, Alleys, and Other Accessways. a. Within all districts, the maximum fence height shall be five feet within the first ten feet and six feet thereafter within the required front setback area (measured from the street right-of- way) and six feet within any rear or side setback area adjoining a street or alley. b. Notwithstanding other fence height restrictions, where, because of the orientation of the lots, a property line fence separates a front yard on one lot from a rear yard on an adjacent lot, the maximum fence height shall be six feet. Arches or trellises up to eight feet in height and five feet in width may be constructed over a gate on a lot provided the arch is integrated into the fence/gate design. Alternately, pilasters adjacent to such a gate may be constructed up to eight feet in height provided the pilasters are integrated into the fence/gate design. A maximum of two such arches or pairs of pilasters shall be permitted per residential parcel. d. Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of Paragraph CA. of this Section. e. City- or state -required sound attenuation walls bordering freeways or arterial highways may exceed six feet in height if so recommended by a noise attenuation study and approved by the Director. I,oupdate-residential&supresidential 60-2 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS 4. Visibility at Intersections. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight distances and to maintain visual openness. Therefore, notwithstanding Paragraph C.3. of this Section, the height of fences, trees, shrubs, and other visual obstructions shall be further restricted as follows: a. The height of fences, trees, shrubs, and other visual obstructions shall be limited to a maximum height of 30 inches within the triangular area formed by drawing a straight line: 1) Between two points located on and 20 feet distant from the point of intersection of two ultimate street right-of-way lines. 2) Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other if part ay width is less tkan 12 feet wide b. For purposes of this Code, "point of intersection" shall mean the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two lines. c. The height restrictions of this Paragraph CA. shall apply to fences, walls, trees, shrubs, vegetation, or any other material which obstructs or may obstruct visibility. D. Gates. Materials. Gates shall be constructed of ornamental iron/tubular steel and/or wood. Such gates may be placed in any location provided they meet the requirements of this Section and provided any wood used is not less than a grade of construction heart or merchantable and better redwood or #2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. Wood gates over 36 inches wide shall have a metal frame. Chain link gates are prohibited. Vehicular driveway gates shall be constructed of ornamental ironftabutar steel and metal ifsolid. 2. Width. Pedestrian gates shall not exceed 48 inches 5-feet in width, except that other gates may be any width in sideyard fences within sideyard setbacks of at least 12 feet. E. Fence Construction and Materials. All fencing in residential districts shall conform to the following construction and material standards: Wood Fencing. a. Except for gates and for equestrian fencing regulated by Section 9.140.060, wood fencing is permitted in rear or interior side yards only, and only if not visible from the street. Gates may be of wood in any location provided they comply with the standards of this Section. Zoupdate-residential&supresidential 60-3 VISIBILITY AT INTERSECTIONS Diagram w z r :a w zl�, H .:a W ,F a, a O w a �a to a a DRIVEWAY 5' 5'I 5' 5'! 20 — -5 -- -5, 5 j -- i5' PROPERTY LINE CURB & GUTTER HEIGHT OF FENCES, TREES, SHRUBS, STREET ETC., LIMITED TO THIRTY INCHES (30") HIGH WITHIN THESE AREAS 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS b. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or #2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. c. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal 4" x 4" redwood, pressure -treated lumber, tubular steel or block placed five feet on cent hole.All fences shall imve tr emmiete fooft oraMove&post base or be embedded in cancrete which allows stwift water to drain fiant the post fhe posts shall be iTiftiled on the interior side of die lot with f�neing inaterial an the outside edge of the SUPP0.1t posts-. 2. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing may be permitted. The iron or steel shall be painted to match or complement the adjacent wall or structure. 3. Masonry Fencing. Solid Masonry fencing (i.e. block, rock, brick, with or without stucco covering) is permitted in any location on the lot provided the color of the masonry or stucco matches or complements the adjacent wall or structure. Precision concrete block shall not be used unless all exterior surfaces visible from outside the property are covered with stucco, paint, texture coating, or other comparable coating approved by the Director. 4. Material Combinations. Combinations of two or more of the preceding materials may be used provided that the bottom one-half of the fence is constructed of a masonry material. Combinations incorporating wood materials shall only be used for the rear and interior side yards and only when not visible from the street. F. Fence Landscaping and Maintenance. 1. Landscaping. The area between the back of curb and any fencing shall be landscaped, have a suitable permanent irrigation system, and be continuously maintained by the property owner. (Revised 4/97) 2. Maintenance. All walls and fences shall be continuously maintained in good repair. The property owner shall be provided thirty days after receiving notice from the City to repair a wall or fence. The Building Official may grant an extension to such time period not to exceed sixty days. G. Prohibited Fence Materials. The use of barbed wire, razor wire, ckain link, or similar materials in or on fences is prohibited in all residential districts. in addition, requited ftont setbacks ot bctvvcen the sheet and building oacent to a street or alley: Chain link fencing is permitted for temporary construction fences when authorized by a minor use permit issued in accordance with Section 9.210.020. I.oupdate-residential&supresidential 60-4 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS H. Equestrian Fencing. Notwithstanding any other requirements of this Section, fencing shall be regulated by the provisions of Section 9.140.060 (Equestrian Overlay Regulations) where the keeping of horses is permitted. I. Nonconforming Fences. Any fence which does not meet the standards of this Section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded nor its non-conformance with these standards otherwise increased. Any fence which is destroyed or damaged to the extent of more than 50 percent of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with these standards. 9.60.040 Patio Covers, Decks and Play Equipment. A. Applicability. For purposes of this Section, The term "patio covers, decks, and play equipment" includes any type of yard structure other than a building or a carport. Such structures include but are not limited to open and solid patio covers, gazebos, trellises, arbors, and play equipment which is more than eight feet in height. All such structures shall be "open" (no side walls) and are referred to in this Section as "yard structures". Enclosed structures shall be considered accessory buildings (see Section 9.60.050). Uncovered decks and others structures less than 18 inches above finish grade shall not be subject to the provisions of this Section. B. Standards. Patio covers, decks, gazebos, play equipment or other yard structures, attached to or detached from the main building shall comply with front and side yard setbacks for the main building and the following requirements: The location of decks and baleenies shall be governed by the standards for wall projections in Section 9.50.060. 2. No yard structure shall be more than 12 feet in height. Yard structures shall not be constructed or established in the panhandle portion of a panhandle or flag lot.(Revised 4/97) 4. No yard structure shall be located less than five feet from any adjacent residential lot or from any rear property line adjacent to a public or private right-of-way. 5. No yard structure shall be located less than three feet from any rear property line adjacent to any common use easement or open space or recreational area which is at least ten feet deep. 6. , Eaves or roofs may overhang into the required setback a maximum of one foot 18 inches. Setbacks shall be measured from the nearest supporting member of the structure to the property line or, if the property line is at the toe of a slope, from the top of the slope. Loupdate-residential&supresidential 60-5 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS 7. Structures shall be constructed in a manner so as to prevent rooftop water from draining onto any adjacent parcel. 8. Wood Lattice cross -members in patio covers or trellises shall be of minimum nominal 2" x 2" material . 9. No patio cover, trellis, gazebo, arbor, similar structure, or combination thereof shall cover more than 50 percent of the yard rear area required setback between the residence and the rear property dine. 9.60.050 Storage and Other Accessory Buildings. A. Applicability. Accessory buildings, such as storage or gardening sheds, are permitted on a residential lot containing a primary residence subject to the requirements of this Section. (Carports and garages are regulated separately by Section 9.60.060., patio covers by Section 9.60.040, swimming pools and spas by Section 9.60.070, and recreational vehicle parking by Section 9.60.130.) B. Drainage from Roofs. Accessory buildings shall be constructed in a manner so as to prevent rooftop water from draining onto any adjacent parcel. (Revised 4/97) C. Lot Coverage Maximums. The placement of accessory buildings on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. (Revised 4/97) D. .Standards. .Setbacks and Maximum Height.. Detached accessory buildings shall conform to the following setback standards: (Revised 4/97) TABLE 601: STANDARDS FOR DETACHED ACCESSORY BUILDINGS Minimum Setback (ft.): Roof Area of Max. Structure (sq/ft) Height Separation from Front Interior Exterior Rear Main Building Yard Side Yard Side Yard Yard 0-100 10 5 20 3 10 3.§ .................................... .................. 101-200 ..................................... 10 i............................. 5 ;........................ ,........................ ......................... , .................. 20 5 10 5 ................................... .................. 201+ 17 .......:......... 10 ............... ......................... ......................... ................ same as for main building Loupdate-residential&supresidential 60-6 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS 11. A minimum of three off-street parking spaces shall be provided for each residential lot containing an approved second unit, to include the following: a two -car garage for the primary residential unit and one space enclosed or open for the second unit. Tandem parking spaces shall not be credited toward meeting this requirement and no variance or minor adjustment shall be granted to allow substandard parking spaces or locations. 12. The second unit may be separately metered for gas, electricity, water, sewer, and other utility services. 13. The applicant for the minor use permit for a second unit shall be the owner currently occupying the subject property. (Revised 4/97) 14. The provisions of this Section shall not validate any existing illegal second unit. An application for a permit may be made pursuant to the provisions of this Code to convert an illegal second unit to a conforming legal second unit. The standards and requirements for said conversion shall be the same as for a newly proposed second dwelling unit. 15. In addition to the findings required generally for all minor use permit approvals, the following finding shall be made in order to approve a conditional use permit for a second unit: (Revised 4/97) "The second unit is compatible with the design of the main unit and the surrounding neighborhood in terms of landscaping, scale, height, bulk, lot coverage and exterior appearance." 9.60.100 Guest Houses. A. Purpose. This Section provides standards and criteria for the establishment of guest houses where such units are permitted in accordance with Section 9.40.040. B. Definitions. For purposes of this Code, the following definitions shall apply: 1. "Guest house" shall mean a detached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building, and their non-paying guests, and domestic employees. 2. "Living area" means the interior habitable area of a dwelling unit, including basements and attics (if permitted) and shall not include a garage or any accessory structure. C. Limitations. On lots of ten acres or larger, one or more guest houses may be constructed. On lots smaller than ten acres, only one second residential unit or one guest house may be established on any lot in addition to the primary residence. Thus, on lots smaller than ten acres, a guest house may not be added to a lot containing a second dwelling unit, or vice -versa. I.oupdate-residential&supresidential 60-11 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS e. Posting period, locations, and related details shall be as approved in the temporary use permit for the event. f. Other signs and advertising devices, such as pennants, flags, and A -frame signs are prohibited. 7. Related issues, including but not limited to police and security, food and water supply, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the Director, Sheriff, Fire Chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, health and tent permits. 9.60.180 Manufactured Housing and Mobilehomes A. Purpose. This Section is intended to provide standards and criteria for the placement, design, and construction, of manufactured, modular, and mobile homes in residential districts consistent with Section 65852.3 et seq of the state Government Code. B. Definition. For the purposes of this Zoning Code, the terms "manufactured home" "modular home" and "mobile home" shall mean the same thing, that is: a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. For purposes of simplicity, the term manufactured home is used in this Section. C. Mobilehome Parks. In accordance with Section 65852.7 of the state Government Code, mobilehome parks are permitted in all residential districts if a conditional use permit is approved. Development standards for such parks shall be as follows: minimum 30 percent common open area and minimum perimeter setbacks of 20 feet at any point and 25 feet average over the entire perimeter. D. Individual Manufactured Homes. In accordance with Section 65852.3 et seq of the state Government Code, individual mobile homes may be permitted as permanent or temporary dwellings on single family lots within the RVL, RL, RC, RM, and RMH Districts. E. Vie -Development Minor Use Permit Required. Approval of a site development minor use permit by the Planning Commission shall be required prior to the placement of a manufactured home on a single family lot subject to the provisions of Section 9.60.299 9.210.020 The permit shall not be approved unless the Gonuttissio Director finds that the dwelling meet the same development standards as provided for single family homes for each district as set forth in Chapter 9.50 and elsewhere in this Code in addition to the standard findings for approval of a site development permit per Section 9.210.010. I.oupdate-residential&supresidential 60-19 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS 9.60.190 Fames Child Care Facilities A. Purpose. The purpose of this Section is to provide standards for the establishment and operation of child or fidttily 4ay care facilities within residential districts consistent with Chapters 3.4 and 3.6 of Division 2 of the state Health and Safety Code. B. Small Day Child Care Facilities. Fames Child care facilities serving eight or fewer children are permitted in all residential districts except the RH District. Such facilities shall conform to the following requirements: (Revised 4/97) 1. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety equipment as specified by the Fire Marshal and/or state regulations. 2. All facilities shall be operated in accordance with state and local health, safety, and other regulations. 3. All parking and outdoor lighting shall comply with the applicable regulations set forth in Chapter 9.150 and Section 9.60.160, respectively. 4. All facilities shall comply with the development standards of the residential district in which they are located, as set forth in Section 9.50.030. 5. All outdoor play areas shall be fully enclosed by a minimum five feet high fence which conforms to the standards of Section 9.60.030 (Fences and Walls). No such play area shall be provided where fences are limited to less than five feet in height. C. Large Elay Child Care Facilities. Famiiy->`laq Child care facilities serving nine to fourteen children are permitted in all residential districts except the RH District if a minor use permit is approved. Such facilities shall conform to the preceding requirements for small thy child care facilities plus the following: (Revised 4/97) 1. A minor use permit approved by the Community Development Director shall be required to establish a large €amiiy-day child care facility in accordance with Section 9.210.020. In addition, all facilities shall comply with this Section and with any additional requirements imposed as part of the use permit or of any other applicable permit. 2. No large fmnily day child care facility shall be approved on a parcel which is within 500 feet of another parcel which either already contains such a facility or which has a valid permit for such a facility. 3. All outdoor play areas shall be fully enclosed by a minimum five feet high fence which conforms to the standards of Section 9.60.030 (Fences and Walls). No such play area shall be provided where fences are limited to less than five feet in height. Zoupdate-residential&supresidential 60-20 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS 4. Outdoor activities shall be limited to between the hours of 9:00 a.m. and 7:00 p.m. 9.60.200 Senior Citizen Housing. A. Purpose. The purpose of this Section is to provide standards for the establishment and operation of senior citizen housing facilities consistent with Sections 1568.083 et seq and 1569.85 of the state Health and Safety Code. B. .Senior Citizen Residences. Senior residences, i.e. those with six or fewer residents, shall conform to the following requirements: 1. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety equipment as specified by the Fire Marshal and/or state regulations. 2. All facilities shall be operated in accordance with state and local health, safety, and other regulations. 3. All signs, parking, and outdoor lighting shall comply with the applicable regulations set forth in this Code. 4. All facilities shall comply with the development standards of the residential district in which they are located as set forth in Section 9.50.030. C. Senior Group Housing. Senior group housing facilities, i.e. those with seven or more residents, may be permitted in RMH and RH residential districts subject to approval of a conditional use permit by the Planning Commission. Such facilities shall conform to the preceding requirements for senior citizen residences plus the following: (Revised 4/97) 1. Residential occupancy shall be limited to single persons 55 years of age or over or married couples with at least one spouse 55 years of age or over. 2. The project may provide, for the exclusive use of the residents, central cooking facilities, common dining room(s), central laundry facilities, a beauty shop, a barber shop, and a pharmacy not exceeding 1000 square feet in floor area. 9.60.210 Construction and Guard Offices. The temporary placement of a trailer, recreational vehicle, or other relocatable building, or the temporary use of a permanent structure on an active construction or grading site to serve as a construction and/or guard office. and the establishment of a materials and equipment storage yard, may be permitted subject to approval of a minor use permit processed in accordance with Section 9.210.020 and the following requirements: loupdate-residential&supresidential 60-21 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS The office shall not be moved onto the site or otherwise established until issuance of a precise grading permit or, if there is no grading permit, until issuance of a building permit. 2. Any temporary use and/or structure shall be removed from the site prior to the issuance of certificates of occupancy for the last new building on the site. 3. Any permanent structure or portion thereof devoted to a temporary use shall be converted to a permanent permitted use prior to the issuance of a certificate of occupancy for the last new building on the site. 4. The use of a recreational vehicle as a construction or guard office shall be allowed. 9.60.220 Trash and Recyclable Materials Storage. All condominium and multifamily projects shall comply with the nonresidential trash and recyclable materials storage requirements of Section 9.100.200. 9.60.230 Noise Control. Residential land uses shall comply with the nonresidential noise control standards set forth in Section 9.100.210. 9.60.240 Landscaping and Open Area. A. General Requirement. All multifamily, single family attached, and specific plan projects shall include both perimeter landscaping and common open area in accordance with the standards of this Section. Perimeter landscaping shall not count toward common open area requirements or vice versa. B. Perimeter Landscaping. Perimeter landscape setbacks shall be installed to the depth specified in Section 9.50.030 (Table of Development Standards). Rights -of -way, parking areas, private patios, and private yards shall not count toward the perimeter landscaping requirement. Perimeter landscape setback adjacent to the street curb or sidewalk shall include earth berms varying from two foot to four feet in height over 75% of the area. C. Common Open Area. Common open area shall meet the percent of net project area standards specified in Section 9.50.030 (Table of Development Standards). Common open area shall consist of passive landscaped and active recreation area. Rights -of -way, parking areas, private patios, private yards, and slopes steeper than 20 percent shall not count toward the common open area requirement. Zoupdate-residential&supresidential 60-22 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS D. Active Recreation Area. At least 30 percent of the required common open area shall be suitable for active recreational uses such as: swimming pool, spa, and related facilities; clubhouse; tot lot with play equipment; court game facilities such as tennis, basketball, or racquetball; improved softball or other playfields; or similar facilities for active recreational use. Active recreation area shall not include any common area which is less than 15 feet wide or less than 300 sq/ft in area or which has an average slope gradient greater than five percent. E. Landscaping Standards. A landscape plan shall be prepared and implemented for all affected projects. Perimeter and common open area landscaping shall be installed and maintained in accordance with the following standards: 1. Height of landscaping along all streets and boundaries shall comply with Section 9.60.030 (Fences and Walls). 2. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb or other barrier at least six inches higher than the parking or vehicular area to prevent vehicular damage to the landscaped area. 3. All landscaping shall be maintained in a neat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and regular watering. Permanent automatic irrigation facilities shall be provided for all landscaped areas. F. Use of Landscape Setback .Areas for Storm Water Retention. The landscape setback area shall not be used for storm water retention for storm water falling on the project site, but may be used for some storm water retention for storm water falling within the setback area itself and the adjacent street right of way provided the retention areas are designed to the following guidelines: a. The maximum depth of the depressed areas for storm water retention shall not exceed 2.0 feet below the adjacent street curb. b. The depressed area to mounding comparison ratio shall not exceed a 3:1 ratio (3 units of depression capacity to one unit of mounded earth volume), where mounding and depression are relative to the adjacent curb. c. The maximum slope for at least 50% of the perimeter of a depressed area shall not exceed a steepness ratio of 8:1 (8 horizontal units to one vertical unit). d. The maximum slope for up to 50% of the perimeter of a depressed area shall not exceed a steepness ratio of 3:1 (3 horizontal units to one vertical unit). e. The sidewalk shall not enter any retention area where the sidewalk may be subject to inundation by any 50 year storm. I.oupdate-residential&supresidential 60-23 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS 9.60.250 Model Home Complexes. A. Model Home Complex and Sales Offices. Temporary model home complexes, real estate sales offices and related signage may be established if a minor use permit is approved in accordance with Section 9.210.020 and the following requirements are satisfied: 1. The complex is used solely for the original sale of new homes or the first rental of apartments in projects of 20 or more units. 2. The complex is located within the area of the project for which it is established. The temporary sales office shall not be located within 100 feet of an existing dwelling unit which is not a part of the new project. 3. Notwithstanding other provisions of this Code, the parcel of land on which a temporary real estate office is established is not required to be a building site provided the parcel is precisely described. 4. The following structures and facilities are permitted in conjunction with the establishment of a temporary real estate office in conformance with an approved minor use permit: a. Model homes in compliance with the zoning regulations applicable to the properties that are being sold. b. Garages, attached and detached, in compliance with the zoning regulations applicable to the properties that are being sold. c. Temporary sales office buildings or relocatable buildings. d. Accessory buildings and structures in compliance with the zoning regulations applicable to. the properties that are being sold. e. Recreational facilities that will become a permanent portion of the project in compliance with the zoning regulations applicable to the properties that are being sold. f. Permanent streets and driveways that will be part of the project after the closure of the real estate office use. g. Temporary children's playgrounds. h. Temporary and permanent fencing, walks, and structural amenities. Loupdate-residential&supresidential 60-24 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS i. Temporary vehicle parking and maneuvering areas to provide off-street parking as necessary for employees and guests. j. Temporary vehicular accessways. k. Temporary landscaping. B. Signs. Signs in connection with a temporary model home complex shall be permitted within a project subject to the following requirements: 1. Project identification signs are permitted at each street entrance and shall conform to the provisions of Section 9.160.070 (Permitted Semi -Permanent Signs): a. Sign area: maximum 32 sq. ft. per sign and 64 sq. ft. aggregate per project. b. Height: maximum ten feet. 2. The sign copy shall be limited to matters relating to the project within which the signs are located. 3. Time limits for display of signs shall be concurrent with that of the permitted model home complex. C. Flags. Flags in connection with a temporary model home complex may be permitted within a residential project subject to the following requirements: 1. Number. A maximum of eight flags shall be permitted. There shall be no more than one flag per pole. American, state, and other similar flags shall count in the maximum of eight flags. 2. Height. Flagpoles shall be a maximum of 20 feet in height on the perimeter of the project and 16 feet in height in the interior. Pole heights shall be measured from finish grade at the nearest project perimeter. 3. Pole Diameter. Pole diameter shall be determined by the lateral load and size of the flag. The Director shall provide applicants with diameter standards. 4. Size. Flags shall be a maximum of 18 square feet in area on the perimeter of the project and 12 square feet in the interior. 5. Rigid Flags. Rigid flags, secured on more than one side, are prohibited. I.oupdate-residential&supresidential 60-25 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS 6. Flag Copy. Commercial or advertising flag copy is prohibited. 7. Color. Flags may vary in color or have multiple colors but fluorescent colors are prohibited. 8. Time Periods. Flags shall be approved by the Director for an initial six-month period. The Director shall review the installed flags prior to the end of that period. If the Director determines that all standards and conditions have been met and that all flags have been properly maintained, the Director may grant a time extension for an additional six months. If no such extension is approved, all flags must be removed upon expiration of the initial six months. D. Prohibited Advertising Devices. The following advertising devices or activities are expressly prohibited within or outside the project: banners, balloons, portable trailer signs, or human indicators. E. Requirements for Approval. Any approving action shall include those conditions and requirements deemed by the decision -making authority to be necessary or advisable to protect the public safety and the general welfare, together with adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the expiration of the permit. In addition to those findings required for the approval of an application, any approving action for a temporary real estate office shall also include the following finding: "The access, parking and circulation facilities will not result in excess traffic congestion or traffic safety hazards." F. Time Limitations. A minor use permit for a real estate office may be approved for a maximum time period of one year from the date of approval. A time extension of up to one year may be approved by the Community Development Director if the Director finds that all requirements of this Section and all other City requirements and conditions have been met. 9.60.260 Condominium Conversions. A. Purpose. The purpose of this Section is to: Provide standards and criteria for regulating the conversion of rental housing to residential condominium, community apartment or stock cooperative types of ownership and for determining when such conversions are appropriate; 2. Mitigate any hardship to tenants caused by their displacement; and 3. Provide for the public health, safety and general welfare. I.oupdate-residential&supresidential 60-26 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS H. Required Notice. Public notice shall be given for all conditional use permits associated with timeshare facilities as required by this Code. In addition, in the event an apartment or condominium facility or any portion thereof is proposed to be converted to a timeshare facility, written notice shall be mailed to all persons residing in the facility, whether or not the unit in which the person resides will be converted, not less than ten days prior to the Planning Commission hearing. Such notice shall be mailed by the Planning Department at the expense of the applicant, and shall state the following: 1. The date, time, place, and purpose of the hearing; 2. Notification that if the permit is approved, tenants may be required to vacate the premises; 3. Notification that if the permit is approved, the property owner will be required to give all tenants a minimum of one hundred twenty days' notice to vacate. However, such notice shall not restrict the exercise of lawful remedies pertaining to, but not limited to, tenants' defaults in the payment of rent or defacing or destruction of all or a part of the rented premises; and 4. A description of any available relocation benefits to be provided by the project applicant. I. Required Findings. In addition to the requirements for findings of fact as established by California law or other provisions of this Code, the approval of a conditional use permit for a timeshare facility shall require the following additional findings: 1. The proposal is in conformance with the City's General Plan, this Section, and other applicable requirements of this Zoning Code; 2. The property is physically suitable for use as a timeshare facility; and 3. The use of the property as a timeshare facility will not cause an undue burden on adjacent and nearby property owners. J. Transient Occupancy Tax. Timeshare facilities shall be subject to all applicable provisions of Chapter 3.24 of the Municipal Code. 9.60.300 Compatibility Review for Partially -Developed Subdivisions. A. Purpose. Residential subdivisions are often developed in phases -- either by the same or different developers or by individual owner -builders. This Section imposes requirements to ensure that units in later phases of such projects are compatible in design and appearance with those already constructed. B. Definition. For purposes of this Section, the term "compatible" shall mean residential buildings which are similar in floor and lot area and harmonious in architectural style, materials, colors, and overall appearance. I.oupdate-residential&supresidential 60-3 8 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS C. Applicability. This Section applies to all second story additions and new residential units which are different from those originally constructed and/or approved and which are proposed for construction within a partially developed subdivision, except for a custom home subdivision, project or phase. These requirements are in addition to other applicable regulations in this Code. D. Site Development Permit Required. Residential units subject to this Section are subject to approval of a site development permit by the Planning Commission per Section 9.210.010. Applications for such permits shall be filed with the Community Development Department on forms prescribed by the Director together with: (1) all maps, plans, documents and other materials required by the Director, and (2) all required fees per Chapter 9.260. The Director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. E. Acceptance of Applications as Complete. Within 30 days of receipt of a permit application, the Director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. No application shall be processed until all required materials have been submitted and the application deemed complete. F. Public Hearing Required. A public hearing shall be noticed and held per Section 9.200.110 prior to Planning Commission approval or denial of any site development permit consisting of the construction of a total of four or more houses within a tract under the compatibility review provisions of this Section. Construction of a total of four or less units shall require review and approval of the Planning Commission as a Business Item. The Community Development Director may require that additional notice be given by enlarging the notification radius or by other means determined by the Director. (Revised 4/97) G. Precise Development Plan. A site development permit approved under the compatibility review provisions of this Section constitutes a precise development plan. Therefore, the residential development authorized under the site development shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. H. Required Findings. In addition to the findings required for approval of a site development permit, the following findings shall be made by the decision -making authority prior to the approval of any site development permit under the compatibility review provisions of this Section: 1. The development standards of Paragraph I. of this Section have been satisfied. 2. The architectural and other design elements of the new residential unit(s) will be compatible with and not detrimental to other existing units in the project. Z,oupdate-residential&supresidential 60-3 9 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS I. Development Standards for Compatibility Review. No residential unit shall be approved under compatibility review unless the Planning Commission determines that it complies with the following development standards: 1. A two-story house shall not be constructed adjacent to or abutting a lot line of an existing single -story home constructed in a prior phase of the same subdivision unless proof can be provided showing that a two-story unit was proposed for the lot by the prior builder. 2. If lot fencing has been provided in the subdivision, the new developer shall provide the same or better type of fencing for the new dwelling(s), as determined by the Planning Commission, including any perimeter subdivision fencing. 3. Proposed single-family dwellings shall be compatible to existing dwellings in the project or to dwellings which are approved for construction as shown on the plans and materials board, unless otherwise approved by the Planning Commission, with respect to the following design elements: a. Architectural material such as roof material, window treatment and garage door style; b. Colors; c. Roof lines; and d. Lot area e. Building mass and scale 4. At least one specimen tree (i.e., minimum of a 24-inch box size (1.5-inch to 2-inch caliper) and minimum 10 foot tall, measured from top of box) shall be provided in the front yard or and street side yard with the total number of trees on each lot to be the same as that provided for on the original units. 5. The single-family dwelling units proposed within a partially developed subdivision shall not deviate by more than ten percent from the square footage of the original units by the original developer which have either been approved or constructed. J. Commission Discretion on Unit Types. The Planning Commission, in reviewing dwelling units under this Section, may limit the type and the number of a particular unit to be constructed within a subdivision. K. Appeals. The applicant or another aggrieved party may appeal decisions of the Planning Commission in accordance with the provisions of Section 9.200.120. L. Major and Minor Deviations. Zoupdate-residential&supresidential 60-40 CHAPTER 9.70: NONRESIDENTIAL DISTRICTS Sections: 9.70.010 Summary of District Regulations ................... 70-1 9.70.020 NR Nonresidential Overlay District .................. 70-1 9.70.030 CR Regional Commercial District ................... 70-2 9.70.040 CP Commercial Park District ...................... 70-2 9.70.050 CC Community Commercial District ................ 70-2 9.70.060 CN Neighborhood Commercial District .............. 70-2 9.70.070 CT Tourist Commercial District .................... 70-3 9.70.080 CO Office Commercial District ..................... 70-3 9.70.090 MC Major Community Facilities District ............ 70-3 9.70.010 Summary of District Regulations. A. Purpose. This Chapter 9.70 contains the purpose and intent of each nonresidential district. B. Permitted Uses. Chapter 9.80 specifies the land uses allowed in each nonresidential district. C. Development Standards. Development standards (such as minimum setbacks and maximum building heights) for each nonresidential district are contained in Chapter 9.90. D. Supplemental Regulations. Sections and page numbers containing supplemental regulations applicable to nonresidential uses are as follows: 9.100.010 9.100.020 9.100.030 9.100.040 9.100.050 9.100.060 9.100.070 9.100.080 9.100.090 9.100.100 9.100.110 9.100.120 9.100.130 9.100.140 Purpose and Intent ................. 100-1 Parking and Signs .................. 100-1 Fences and Walls .................. 100-1 Landscaping ...................... 100-3 Screening ........................ 100-4 Detached Accessory Structures ........ 100-6 Satellite Dish and Other Antennas ..... 100-7 Christmas Tree Sales ............... 100-8 Halloween Pumpkin Sales ........... 100-9 Produce and Flower Stands .......... 100-9 Outdoor Vendors ................. 100-10 Outdoor Storage and Display ........ 100-10 Sidewalk Sales and Commercial Events 100-12 Temporary Outdoor Events ......... 100-13 9.70.020 NR Nonresidential Overlay District. 9.100.150 Outdoor Lighting .................. 9.100.160 Caretaker Residences .............. 9.100.170 Construction and Guard Offices ...... 9.100.180 Relocatable Buildings .............. 9.100.190 Recycling Collection Facilities ....... 9.100.200 Trash and Recyclable Materials Storage 9.100.210 Noise Control .................... 9.100.220 Operational Standards .............. 9.100.230 Hazardous Waste and Materials ...... 9.100.240 Service Station Standards ........... 9.100.250 Child Day Care Centers ............. 9.100.260 Senior Group Housing .............. 9.100.270 Single Room Occupancy (SRO) Hotels 9.100.280 Bus Stop Benches and Shelters ....... 100-15 100-21 100-21 100-22 100-23 100-25 100-26 100-28 100-29 100-30 100-32 100-32 100-33 100-33 A. Purpose and Intent. To restrict residential uses from locating within that portion of the underlying CR base district near Highway 111 which are impacted by excessive traffic, noise and other unsuitable environmental conditions. B. Permitted Uses. Section 9.80.020 specifies the restrictions on residential uses within the NR overlay district. C. Development Standards. Setbacks and other development standards shall be as set forth for the underlying CR base district in Section 9.90.040. 7,oupdate-nonresidential 70-1 9. 70. NONRESIDENTIAL DISTRICTS 9.70.030 CR Regional Commercial District. A. Purpose and Intent. To primarily provide for the development and regulation of regionally - oriented commercial areas located along the Highway 111 corridor as shown on the General Plan. The CR district is intended to provide a broad range of goods and services serving the entire region. Representative land uses include corporate headquarters, regional service centers, research and development facilities, major community facilities, major medical facilities, overnight commercial lodging, entertainment, and automobile -oriented sales and services. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. Per General Plan Policy 2-3.1.9, approval of a specific plan is required for any development or land division in the CR district. 9.70.040 CP Commercial Park District. A. Purpose and Intent. To provide for the development and regulation of heavy commercial and light industrial uses located within the Highway 111 corridor as shown on the General Plan. Representative uses include automobile repair, warehousing and storage, office/showroom, office/warehouse, high-tech light manufacturing, and similar uses which serve the needs of the local and regional trade area B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. 9.70.050 CC Community Commercial District. A. Purpose and Intent. To provide for the development and regulation of medium- to large-scale commercial areas located at the intersections of arterial highways as shown on the General Plan. The CC district is intended to provide for the sale of general merchandise, hardware and building materials, food, drugs, sundries, personal services, and similar goods and services to meet the needs of a multi - neighborhood area. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. 9.70.060 CN Neighborhood Commercial District. A. Purpose and Intent. To provide for the development and regulation of small-scale commercial areas located at the intersections of arterial highways as shown on the General Plan. The CN district is intended to provide for the sale of food, drugs, sundries, and personal services to meet the daily needs of a neighborhood area. I.oupdate-nonresidential 70-2 9.70. NONRESIDENTIAL DISTRICTS B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. 9.70.070 CT Tourist Commercial District. A. Purpose and Intent. To provide for the development and regulation of a narrow range of specialized commercial uses oriented to tourist and resort activity, located in areas designated on the General Plan. Representative land uses include destination resort hotels, conference -oriented hotels and motels, eating and drinking establishments, accessory retail and personal service shops, and recreational uses. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development .Standards. Chapter 9.90 contains development standards and illustrations. 9.70.080 CO Office Commercial District. A. Purpose and Intent. To provide for the development and regulation of office -oriented uses serving the local and regional trade area, located as shown on the General Plan. Representative land uses include financial, medical, legal, professional service uses, and limited accessory retail uses. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. 9.70.090 MC Major Community Facilities District. A. Purpose and Intent. To provide for major community facilities such as government offices, fire and police stations, post offices, public schools, libraries, community centers, corporate yards, and similar uses at locations identified on the General Plan. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. Loupdate-nonresidential 70-3 CHAPTER 9.80: NONRESIDENTIAL PERMITTED USES Sections: 9.80.010Development Permits Required .............. 80-1 9.80.020 Residential Uses in NR Overlay District ....... 80-1 9.80.030 Residential Uses Outside NR Overlay ......... 80-1 9.80.040 Table of Permitted Uses .................... 80-2 9.80.010 Development Permits Required. Table 801 of this Chapter specifies whether a land use or structure is permitted within a zoning district. However, in most cases development to establish a use also requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. In addition, per General Plan Policy 2-3.1.9, approval of a specific plan is required for any development or land division in the CR district. 9.80.020 Residential Uses in NR Overlay District. In accordance with General Plan Policy 2-3.1.4, no residential uses shall be established within the NR Nonresidential Overlay portion of the CR Regional Commercial district except for incidental residential uses which: 1. Are incorporated into a project site which is 20 acres or more in size; 2. Are a part of a larger mixed use project with predominantly nonresidential uses; 3. Are no more than 20 percent of the total project square footage; 4. Are well integrated into the larger development, i.e. not a separate use; 5. Serve a legitimate necessary purpose for the development such as employee housing; 6. Have at least 50 percent of the units in the affordable category, as defined in the General Plan Housing Element; and 7. Are approved by the City as an integral part of the overall mixed use project. 9.80.030 Residential Uses Outside NR Overlay. In accordance with General Plan Policies 2-3.1.6 through 2-3.1.8, tovr+ome mid multi single family residential uses may be established in the CR District outside the NR Nonresidential Overlay as pwt of mixed nse projects. Such projects may have up to a proportion of 100 percent residential. The following requirements shall apply: 1. A specific plan shall be approved and the project shall conform to the RSP Residential Specific Plan standards of Sec. 9.30.080 with regard to common open area and perimeter landscaping with the exception of single family residential. 2. A minimum of 15 percent of the dwelling units are provided in the affordable "low" and/or "very low" income category per Section 9.60.270. (Revised 4/97) 3. Project sites of less than 20 acres shall be single -use, either all residential or all nonresidential. I.oupdate-nonresidential 80-1 9.80. PERMITTED NONRESIDENTIAL USES 9.80.040 Table of Permitted Uses. A. Uses and Structures Permitted. Table 801: "Permitted Uses in Nonresidential Districts", following, specifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. "W : Permitted if a minor use permit is approved. 5. "T": Permitted as a temporary use only. 6. " V : Prohibited in the district. 7. "S". Permitted under a Vecific-plan B. Uses Not Listed in Table. Land uses which are not listed in Table 801 are not permitted unless the Community Development Director or the Planning Commission determines that such use is within one of the permitted use categories listed preceding (e.g. principal use, conditional use, etc.) in accordance with Section 9.20.040. TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS DISTRICT P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit, C = Conditional Use Permit X = Prohibited Use S = Specific Plan d v Uu a $ I Ell u LAND USE CR CP CC CN CT CO MC Retail Uses Retail stores under 10,000 s /ft floor area per business P A P P A A X Retail stores', 10,000-50,000 s /ft floor area P X P P X X X Retail stores', over 50,000 s /ft floor area C X C X X X X Food, liquor, and convenience stores under 10,000 sq/ft P A P P A A X floor area, open less than 18 hours/day' Food, liquor, and convenience stores under 10,000 sq/ft C X C C C X X floor area, open 18 or more hours/day' ' Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items. 2 With no consumption of alcohol on the premises. Loupdate-nonresidential 80-2 9.80. PERMITTED NONRESIDENTIAL USES TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS DISTRICT P = Principal Use M = Minor Use Permit Is A = Accessory Use T = Temporary Use Permit C = Conditional Use Permit X = Prohibited Useit S = Specific Plan LAND USE CR CP CC CN CT I CO MC Plant nurseries and garden supply stores, with no C X C C X X X propagation of plants on the premises, subject to §9.100.120 Outdoor Storage and Display) Showroom/catalog stores, without substantial onsite P P P X X X X inventory General Services Barber shops, beauty, nail and tanning salons and similar P A P P P A X uses Miscellaneous services such as travel services, photo P A P P P A X developing, videotape rentals, shoe repair, appliance repair, and similar uses Laundromats and dry cleaners -- except central cleaning P X P P P X X plants Printing, blueprinting and copy services P P P P P P X Pet grooming -- without overnight boarding P X P P P X X Office Uses and Health Services Banks P X P P P P X General and professional offices P X P P P P C Medical offices -- physicians, dentists, optometrists, P X P P P P X chiropractors, and similar practitioners Medical centers -- four or more offices in one building P X P C X P X Revised 4/97 Sur icenters/Medical Clinics Revised 4/97 P X P C X P X Hospitals C X X X X X C Convalescent hospitals C X C X X X C Veterinary clinics/animal hospitals, and pet boarding C C C C X X X indoor only) Revised 4/97 Loupdate-nonresidential 80-3 9.80. PERMITTED NONRESIDENTIAL USES TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit C = Conditional Use Permit X = Prohibited Use S= Specific Plan DISTRICT v° u u ° U d LAND USE CR CP CC CN CT CO MC Dining, Drinking, and Entertainment Uses Restaurants, other than drive-thru P A P P P A A Restaurants, drive-thru P A P X P A X Restaurants, counter take-out with ancillary seating, such as yogurt, ice cream, pastry shops, and similar P P P P P P A Bars, taverns, and cocktail lounges C C C X C C X Dancing or live entertainment as a principal use C X C X C X X Dancing or live entertainment as an accessory use A X C C C C X Theaters, live or motion picture C X C X C X X Recreation Uses Bowling, pool or billiard centers as a principal use C X C X C X X Pool or billiard tables as accessory use 3 tables or less A A A A A A X Game machines, 11 or more (as either a principal or accessory use C X C C C X X Game machines as an accessory use, ten or fewer machines A A A A A A X Golf courses and country clubs (see GC District permitted uses, Chapter 9.120 X C A X C X C A XP Driving Range Unlighted P X A C ex P X A P Commercial Recreational P X P C P X C Driving Range Lighted C X C C C X C Tennis clubs or complexes C A C X XC A C Health clubs, martial arts studios, and dance studios, 5000 s / t oor area or less M P MP MP MP MP MP A Health clubs, martial arts studios, and dance studios, over 5000 s /ft floor area C C C C C C X Libraries P X P C P P P I_oupdate-nonresidential 80-4 9.80: PERMITTED NONRESIDENTIAL USES TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit C = Conditional Use Permit X = Prohibited Use S= Specific Plan DISTRICT a .2 a a a r LAND USE CR CP I CC 1CN CT I CO MC Museum or gallery displaying sculpture, artwork or crafts, including schools for above P P P P P P P Parks, unlighted playfields, and open sace P I P P P P P P Lighted playfields X X X X X X C Bicycle, equestrian and hiking trails P P P P P P P Indoor pistol or rifle ranges X C X X X X X Miniaturegolf/recreation centers C X X X C X X Assembly Uses Lodges, union halls, social clubs and senior citizen centers C C C C X X C Churches, temples and other places of worship C C C C X C X Mortuaries and funeral homes C C C X X X X Public and Semi -Public Uses Fire stations P P P P X P P Government offices and police stations P P P P P P P Communication towers and equipment, subject to Chapter 9.170 C C C C C C C Electrical substations M M M X X X M Water wells and pumping stations M M M X X X M Reservoirs and water tanks X X X X X X M Public flood control facilities and devices P P P P P P P Colleges and universities C X X X X X C Vocational schools, e.g. barber, beauty and similar C C C X X C C Private elementary, intermediate and high schools C C C C C C C Private swim schools C C C X C X C I.oupdate-nonresidential 80-5 9.80. PERMITTED NONRESIDENTL9L USES TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit C = Conditional Use Permit X = Prohibited Use S = Specific Plan DISTRICT U a°�, U Uu z �' d , U LAND USE CR CP CC CN CT CO MC Train, bus and taxi stations C X C X C X C Helicopter ads X X X X C X C Public or private kennels and animal shelters (with indoor or outdoor pet boarding) X C X X X X C Residential, Lodging, and Child Care Uses E't S X X X X X X Singlefamily residential Residential as an accessory use, e.g. caretaker residences per 9.100.160 C C C C C C C Child day care facilities, centers and preschools as a principal use, sub'. to §9.100.250 also see Accesso Uses C C C C X C C Senior group housing, subject to §9.100.260 C X X X X X X Rooming and boarding houses C X X X X X X Single room occu anc SRO hotels, subj. to §9.100.270 C X X X X X X Emergency shelters P P P P P P P Transitional shelters for homeless persons or victims of domestic abuse C X X X X X C Mixed-useprojects: residential and o ice%ommercial es X X E X X X X Hotels and motels C X C X C X X RV Rental Parks and Ownership/MembershipOwnershiplMembership Parks C I X X X C X X Resort Residential S X S X S X X Caretaker residences M M M M M M M Timeshare facilities, subject to §9.60.280 C X C X C X X Bed mid Breakfast inns (Revised 4i971 I.oupdate-nonresidential 80-6 9.80: PERMITTED NONRESIDENTIAL USES TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit C = Conditional Use Permit X = Prohibited Use S = Specific Plan DISTRICT d -2 g 9 S e LAND USE CR CP CC CN CT CO MC Automotive Uses subject to §9.100.120, Outdoor Storage and Display) Automobile service stations, with or without minimart C C C C X X X Car washes C I C C X X X X Auto body repair and painting; transmission repair X C X X X X X Auto repair specialty shops, providing minor auto maintenance: tire sales/service, muffler, brake, lube and tune-up Svcs -- not including major engine or drivetrain repair C C C X X X X Auto and motorcycle sales and rentals C C X X X X X Used vehicle sales, not associated with a new vehicle sales facility (Revised 8/97 - Ord. 307 X C X X X X X Truck, recreation vehicle, and boat sales C I C X X X X X Truck and/orequipment rentals C C I X X X X X Auto parts stores, with no repair or parts installation on the remises P P P C X X X Auto or truck storage yards, not including dismantling X C X X X X X Private parking lots/garages as a principal use subject to Chapter 9.150, Parkin C C C X C C X Warehousing and Heavy Commercial Uses subject to §9.100.120, Outdoor Storage and Dis lay) Wholesaling/distribution centers, with no sales to consumers C P X X X X X General warehouses, with no sales to consumers C P X X X X X Mini -storage warehouses X P X X X X X Lumber yards, outdoor (see retail stores for indoor lumber sales X C X X X X X Pest control services C C X X X X....J X Zoupdate-nonresidential 80-7 9.80. PERMITTED NONRESIDENTIAL USES TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit C = Conditional Use Permit X = Prohibited Use S = Specific plans DISTRICT S 3 1 3 .4 •5 e d U 4. LAND USE CR CP. CC CN CT CO MC Plumbing repair shops C P X X X X X Contractor, public utility and similar equipment/storage yards C C X X X X C Central cleaning or laundry plants C C I C X X X X Communication or relay facilities/antennas as prim use C C C C C C C Industrial and Research Uses Indoor manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, and wood X P X X X X X Research and development P P X X X X X Recording studios P P X X X X X Bottling plants X P X X X X X Sign making, except sandblasting P P X X X X X Sign making, including..sandblasting X P X X X X X Recycling centers as a primary use, collection and sorting only, subject to §9.100.190 X C X X X X C Offsite hazardous waste facilities, subject to 9.100.230 X C X X X X X Accessory Uses and Structures Portable outdoor vending uses (such as flower stands, hotdog stands, etc.), subject to § 9.100.100 M M M M M M M Swimming pools as an accessory use M M M X A M A Golf or tennis facilities as an accessory use M M M X A M A Signs, subject to Chapter 9.160 A A A A A A A Fences and walls subject to 9.100.030 A A A A A A A I_oupdate-nonresidential 80-8 9.80: PERMITTED NONRESIDENTIAL USES TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit C = Conditional Use Permit X = Prohibited Use S = Specific Plan DISTRICT ffi 12 k .5 _ •a " ° ell LAND USE CR CP CC CN CT I CO MC Antennas and satellite dishes, subject to 9.100.070 A A A A A A A Reverse vending machines subject to 9.100.190 A A A A X X A Recycling dro off bins, subject to §9.100.190 M A M M X X A Incidental products or services for employees or businesses, such as child day care, cafeterias, and business support uses A A A A A A A Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district, as determined by the Director. A A A A A A A Temporary Uses Christmas tree sales, subject to §9.100.080 T T T T X X T Halloween pumpkin sales, subject to §9.100.090 T T T T X X T Stands selling fresh produce in season, sub'. to §9.100.100 T T T T X X T Sidewalk sales, subject to §9.100.130 T T T T T T X Temporary outdoor events, subject to 9.100.140 T T T T T T T Construction and guard offices, subject to 9.100.170 T T T T T T T Use of relocatable building, subject to §9.100.180 T T T T T T T Other Uses Fortune telling and palmistry C X C X X X X Sexually -oriented businesses, subject to 9.f09110.080* C X X X X X X * Property must also be located within the SOB (Sexually Oriented Business) overlay district. Other uses not listed in this Table. Per §9.20.040, Director or Planning Commission to determine whether use is permitted. I.oupdate-nonresidential 80-9 CHAPTER 9.90: NONRESIDENTIAL DEVELOPMENT STANDARDS Sections: 9.90.010 Maximum Building Height ................. 90-1 9.90.020 Roof Projections ........................... 90-1 9.90.030 Wall Projections ........................... 90-2 9.90.040 Table of Development Standards ............ 90-2 9.90.050 Illustration of Development Standards ....... 90-4 9.90.060 Irregular Lots ............................. 90-5 9.90.070 Setbacks from Surface Easements ........... 90-5 9.90.010 Maximum Building Height. For purposes of this Code, the maximum height of buildings and other structures shall be defined as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary plane shall be established above and parallel to the finish grade adjacent to the exterior walls at a vertical distance equal to the specified maximum height. This definition is illustrated below: STRUCTURE MAY NOT PENETRATE IMAGINARY PLANE II II II II II I Max. Height II II II II Max. I I + Height Walls round Exterlor Finish Grade A Figure 901: Measurement of Building Height 9.90.020 Roof Projections. A. Encroachments Permitted. Notwithstanding Figure 901 preceding, architectural features not containing usable floor space, such as chimneys, towers, gables, and spires, are permitted to extend 15 feet above the maximum structure height set forth in Table 901 following if approved as part of a site development or other permit. The aggregate floor or "footprint" area of such architectural features shall encompass no more than ten percent of the ground floor area of the structure B. Antennas. Satellite dish or other antennas shall not extend above the maximum structure height specified in Table 901 (see Chapter 9.170 for ether -antenna Communication Towers and Equipment regulations). Zoupdate-nonresidential 90-1 9. 90. NONRESIDENTLU DEVELOPMENT STANDARDS 9.90.030 Wall Projections. A. Permitted Encroachments. Roof overhangs, chimneys, awnings and canopies may encroach a maximum of three feet into any of the required setbacks specified in Table 901 following provided such projections do not extend over the property line. B. Prohibited Encroachments. Seating windows, balconies, exterior stairways, and similar features shall not encroach into required setbacks. 9.90.040 Table of Development Standards. Table 901 following and the illustrations in Section 9.90.050 set forth standards for the development of property within nonresidential districts. Notwithstanding Table 901, different standard the Official Zoning Map. Zoupdate-nonresidential 90-2 9.90: NONRESIDENTL4L DEVELOPMENT STANDARDS TABLE "1: NONRESIDENTIAL DEVELOPMENT STANDARDS DISTRICT DEVELOPMENT STANDARD CR* CP CC CN CT CO MC Min.- Max. Building Site (acres) n/a n/a n/a 1-20 n/a n/a n/a Max. Mire Building Height (ft.)" 50 35 40 35 40 40 40 Max. Number of Stories 4 2 3 2 3 3 3 Max. Floor Area Ratio (FAR)' .35 .50 .30 .25 .25 .30 n/a From Highway I I I Right -of- 50/ 50/ 50/ n/a n/a n/a n/a Way' 50 50 50 From all Primary Image Corridor' Rights -of -Way' 30/ 30/ 30/ 30/ 30/ 30/ 30/ Min. (except Hwy 111) and from all 20 20 20 20 20 20 20 Perimeter Major and Primary Arterials Building/ Landscape From all other Perimeter Street 20/ 20/ 20/ 20/ 20/ 20/ 20/ Setbacks Rights -of -Way' 10 10 10 10 10 10 10 (in ft.)4 From residential districts and 50/ 50/ 50/ 30/ 30/ 30/ 30/ PR, OS, & GC districts' 10 10 10 15' 15' 15 s 15 s Min. setback from interior property lines 0 0 0 0 0 0 0 within the same project Parking and Signs See Chapters 9.150 and 9.160 Fences and Walls See Section 9.100.030 Landscaping and Screening See Sections 9.100.040 and 9.100.050 * Specific plan approval required for development or land division in the CR district. ' All min. perimeter setbacks shall be increased I foot for every foot in height that bldg. is above 35'. z FAR means the gross floor area of all buildings divided by the building site area. 3 The following are applicable Primary Image Corridors as identified in the General Plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington St.) a Landscape setback shall consist of landscaped area within the building setback. Number given is minimum landscaped setback from the street right-of-way. The remaining building setback may contain parking, driveways, and similar facilities. In addition to above landscape setbacks, interior landscaping shall be required as a percentage of the net project area as follows: parking areas: min. 5 percent; nonparking areas: min. 5 percent (also see Section 9.100.050). (Revised 4/97) s For bldgs over one story in CN, CT, CO, and MC districts, setbacks shall be increased to 40/20. Not including basements. Also, notwithstanding above Table, the maximum structure height = 22' for all buildings within 150' of any General Plan- Primary Image Corridor and Major or Primary Arterials.(Revised 4/97 Loupdate-nonresidential 90-3 9. 90. NONRESIDENTIAL DEVELOPMENT STANDARDS 9.90.050 Illustration of Development Standards. FIGURE 902: DEVELOPMENT STANDARDS FOR NONRESIDENTIAL DISTRICTS CR, CP AND CC DISTRICTS: Max. FAR's: CR=.35 CP=.50 CC=.30 _ Min. 50' Building Setback from Highway 11 Right -of Way Pro eot Bounds Min. 29 Building Setback from a Perimeter Stree I t MI 1. 30' Building R.O.W.'s (other an _ Seth ck from Primary Primary Image Co dots Image Corridors (except Ighway 111) and Primary o a d Primary or Major Arterials I jor Arteriais Min. 50'Building Setback from Residential, PR, OS, and GC Districts INTERIOR LANDSCAPING REQUIRED IN ALL DISTWIS On addition to landscape setbaclas) AS A PERCENT OF NET PROJECT AREA: WITHIN PARIONG AREAS: 5% FAM CN, CT, CO, AND MC DISTRICTS: Min. 20' Buildin Setback from a I Perimeter Strei t R.O.W.'s (other# a Primary Image Con 'd and Primary o Major Arterials PR, OS, and GC Districts (40' for bidgs. over one story) CN=.25 CT = .25 CO = .30 (MC: n/a) 30' Building k from Primary orridors (except hway 111) Primary or or Arterials Zoupdate-nonresidential 90-4 9.90: NONRESIDENTIAL DEVELOPMENT STANDARDS 9.90.060 Irregular Lots. A. Purpose. The purpose of this Section is to provide standards for the establishment and measurement of setbacks on irregular lots. B. Perimeter Setbacks. Perimeter setbacks shall be measured from the property line or the ultimate street right-of-way line, whichever results in the larger setback. C. Pie -Shaped Lots. Setbacks on pie -shaped lots shall be measured at the closest point between the building and the angled lot line. D. Flag or Panhandle Lots. Definition. For purposes of this Section, "panhandle lot", "flag lot", "panhandle building site", and "flag building site" all mean the following: a lot or building site having its only vehicular access by way of a narrow accessway which serves no other property and which is less than 40 feet wide and more than 20 feet long. 2. Setbacks. All perimeter setbacks shall be measured from property lines, except that the property line adjacent and most perpendicular to the "panhandle" portion of the lot shall be extended across that portion and serve as the basis for measuring setbacks in that area. 3. No Structures in Panhandle. No structures shall be permitted in the panhandle portion of the lot nor shall that portion be credited to minimum lot area requirements. E. Determination by Director. Where a building site is situated such that any of the property lines are not readily determinable, required setbacks shall be as determined by the Director in compliance with the following criterion: required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses. 9.90.070 Setbacks from Surface Easements. Where a surface easement for street, vehicular access, bikeway, or recreation trail purposes has been granted across any portion of a lot, the building setback shall be measured from the property line or to the edge of easement, whichever is closer to the building. I.oupdate-nonresidential 90-5 CHAPTER 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS Sections: 9.100.010 Purpose and Intent ................... 100-1 9.100.150 Outdoor Lighting .................. 100-15 9.100.020 Parking and Signs .................... 100-1 9.100.160 Caretaker Residences ............... 100-22 9.100.030 Fences and Walls ..................... 100-1 9.100.170 Construction and Guard Offices ...... 100-22 9.100.040 Landscaping ......................... 100-3 9.100.180 Relocatable Buildings ............... 100-23 9.100.050 Screening ........................... 100-4 9.100.190 Recycling Collection Facilities ........ 100-24 9.100.060 Detached Accessory Structures .......... 100-7 9.100.200 Trash and Recyclable Materials Storage 100-26 9.100.070 Satellite Dish and Other Antennas ....... 100-8 9.100.210 Noise Control ...................... 100-27 9.100.080 Christmas Tree Sales .................. 100-8 9.100.220 Operational Standards .............. 100-29 9.100.090 Halloween Pumpkin Sales .............. 100-9 9.100.230 Hazardous Waste and Materials ...... 100-30 9.100.100 Produce and Flower Stands ........... 100-10 9.100.240 Service Station Standards ............ 100-32 9.100.110 Outdoor Vendors .................... 100-10 9.100.250 Child Day Care Centers ............. 100-33 9.100.120 Outdoor Storage and Display .......... 100-11 9.100.260 Senior Group Housing .............. 100-33 9.100.130 Sidewalk Sales and Commercial Events . 100-13 9.100.270 Single Room Occupancy (SRO) Hotels . 100-34 9.100.140 Temporary Outdoor Events ........... 100-14 9.100.280 Bus Stop Benches and Shelters ........ 100-35 9.100.290 Fugitive Dust Control ............... 100-35 9.100.010 Purpose and Intent. This Chapter sets forth requirements for outdoor storage, sidewalk sales, service stations, noise control, and other special aspects of land use in nonresidential districts. These requirements are in addition to the other regulations set forth in this Zoning Code. 9.100.020 Parking and Signs. Refer to Chapter 9.150 for parking regulations and Chapter 9.160 for sign regulations. 9.100.030 Fences and Walls. A. Definition. For purposes of this Section, "fence" or "wall" means any type of fence, wall, retaining wall, sound attenuation wall, screen, or windscreen. The terms "fence" and "wall" are used interchangeably in this Section to mean any or all of the preceding structures. B. Measurement of Fence Height. Except as otherwise specified in this Section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher. In addition, the following provisions shall apply to the measurement of fence height: 1. Open railings, up to 48 inches high, placed on top of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement. 2. Fences 30 inches or more apart (between adjoining faces) shall be considered separate struc- tures and their heights shall be measured independently provided the area between the fences is landscaped and provided with a permanent irrigation system. Fences less than 30 inches apart shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Zoupdate-nonresidential 100-1 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS C. Height Standards. The construction and installation of fences shall be in compliance with the following standards: 1. Within Main Building Area. In the area of a lot where amain building maybe constructed, the maximum freestanding fence height shall be 12 feet. 2. Setback Areas Not Bordering Streets. The maximum height shall be six feet within any required front, rear or side setback area not adjoining a street. However, where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. Adjacent to any residential district, fence height shall not exceed eight feet measured from either side. 3. Setback Areas Bordering Street, Alleys and other Accessways. a. Maximum fence height shall be 30 inches within the first ten feet of the required front setback area (measured from the street). b. Where, because of the orientation of the lots, a property line fence borders both a front yard on one lot and a rear yard on the adjacent lot, the maximum height shall be six feet. c. Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of Subsection C-4 of this Section. d. City- or state -required sound attenuation walls bordering freeways or arterial highways may exceed six feet in height if so recommended by a noise attenuation study and approved by the Director. D. Visibility at Intersections. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight distances and to maintain visual openness. Therefore, notwithstanding Subsection C.3. of this Section, the height of fences, trees, shrubs, and other visual obstructions shall be further restricted as follows: 1. The height of fences, trees, shrubs, and other visual obstructions shall be limited to a maximum height of 30 inches within the triangular area formed by drawing a straight line: a. Between two points located on and 20 feet distant from the point of intersection of two ultimate street right-of-way lines. b. Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other if parkway width is less than 12 feet wide. I.oupdate-nonresidential 100-2 9.100: SUPPLEMENTAL NONRESIDENTL4L REGULATIONS 2. For purposes of this Code, "point of intersection" shall mean the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two lines. 3. The height restrictions of this Subsection shall apply to fences, walls, trees, shrubs, vegetation, or any other material which obstructs or may obstruct visibility. E. Nonconforming Fences. Any fence which does not meet the standards of this Section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded or its non-conformance with these standards otherwise increased. Any fence which is destroyed or damaged to the extent of more than 50 percent of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with the standards of this Section. F. Prohibited Fence Materials. The use of barbed wire, razor wire or similar materials in or on fences is prohibited in all Nonresidential Zones. In addition, chain link fencing is prohibited in any location where it is readily visible from off the site. 9.100.040 Landscaping. A. Landscape Plans. A landscape and irrigation plan shall be prepared and implemented for all development projects. Landscaping shall consist primarily of trees, shrubs, vines, groundcover, inert materials, or any combination thereof. B. Landscaping Standards. Landscaping shall be installed and maintained in accordance with the following standards: 1. In addition to the perimeter landscape setbacks required per Section 9.90.040, interior landscaping shall be provided as follows: a. Landscaping equal to 5 percent of the net project area shall be provided within parking areas. Parking area landscaping shall be in accordance with the requirements of Section 9.150.080 (Parking Facility Design Standards). (Revised 4/97) b. Landscaping equal to five percent of the net project area to be provided within nonparking areas, such as next to buildings. Totally enclosed uses within the Commercial Park district such as storage facilities, are exempt. (Revised 4/97) c. Perimeter landscape setbacks shall not be credited toward the interior landscaping requirement. 2. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. I,oupdate-nonresidential 100-3 9.100: SUPPLEMENTAL NONRESIDENTL4L REGULATIONS 3. Permanent automatic irrigation facilities shall be provided for all landscaped areas. 4. All landscaping shall be maintained in a neat, clean and healthy condition at all times, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and regular watering. 5. Height of landscaping along all streets and boundaries shall comply with Section 9.100.030 (Fences and Walls). 6. The majority of the plant material used in landscaped areas shall be water efficient and drought tolerant. 7. Perimeter setbacks adjacent to the street curb or sidewalk shall include landscaped earth berms varying from two to three feet in height over 75% of the area. Berms shall not be more than 20 feet in width at the base. C. Use of Landscape Setback Areas for Retention. The landscape setback area shall not be used for storm water retention for storm water falling on the project site, but may be used for some storm water retention for storm water falling within the setback area itself and the adjacent street right of way provided the retention areas are designed to the following guidelines: 1. The maximum depth of the depressed areas for storm water retention shall not exceed 2.0 feet below the adjacent street curb. 2. The depressed area to mounding comparison ratio shall not exceed a 3:1 ratio (three units of depression capacity to one unit of mounded earth volume), where mounding and depression are relative to the adjacent curb. 3. The maximum slope for at least 50% of the perimeter of a depressed area shall not exceed a steepness ratio of 8:1 (eight horizontal units to one vertical unit). 4. The maximum slope for up to 50% of the perimeter of a depressed area shall not exceed a steepness ratio of 3:1 (three horizontal units to one vertical unit). 5. The sidewalk shall not enter any retention area where the sidewalk may be subject to inundation by any 50 year storm. 9.100.050 Screening. A. Screening Required. Screening shall be provided for all nonresidential uses in accordance with this Section. The Planning Commission may also require screening beyond that required in this Section as a condition of approval for a development project if it determines that such measures are necessary to mitigate adverse visual impacts created by the project. Zoupdate-nonresidential 100-4 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS B. Screening of Mechanical Equipment. Roof -mounted mechanical equipment such as air conditioning, ventilating units, ducting, roof access structures, etc. shall be screened as follows: 1. Screening shall be provided so that the highest point of the equipment is below the surrounding parapet wall or other screening enclosure such that the equipment is not visible from a horizontal line of sight. 2. If the building roof is visible from surrounding higher buildings, roof equipment shall be screened from such buildings via metal latticework, metal louvers, or similar features unless determined unnecessary by the decision -making authority. 3. Screening enclosures shall be an integral part of the roof design and not appear as an "add -on". 4. Solar heating equipment shall be installed or screened so that the underside of the equipment is not visible from surrounding properties. 5. Wall mounted exterior roof access ladders are prohibited if visible from off site or from pedestrian plazas, courtyards, or walkways. C. Screening of Facilities. Storage, trash, and loading area facilities shall be screened as follows: 1. Storage Areas. All storage, including cartons, containers, materials, or equipment shall be screened from public view as required by Section 9.100.120 (Outdoor Storage and Display). 2. Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with Section 9.100.200. Gates shall not open toward a public street. Landscaping or decorative overhead structures such as trellises shall be integrated into the enclosure design if it is visible from higher terrain or buildings. 3. Loading Areas. Loading platforms and berths shall be screened from adjacent streets and from residential, open space and recreation areas. D. Screening of Property. Screening of property shall be installed in accordance with the following standards: 1. Height Standards. All screening shall comply with the height standards of Section 9.100.030 (Fences and Walls). 2. Abutting Residential and Open Space Areas. Screening shall be installed along all building site boundaries where the premises abut areas zoned or designated for residential or open space uses. Required screening shall be at least six feet in height except where prohibited by Section 9.100.030 (Fences and Walls). I,oupdate-nonresidential 100-5 9.100: SUPPLEMENTAL NONRESIDENTL4L REGULATIONS 3. Parking Along Public Streets. Screening shall be installed to shield views of parking areas from public streets in accordance with Section 9.150.080. (Parking Facility Design Standards). 4. Allowance for Grade Differential. In order to take into account the effect of grade differentials on visibility, the City decision -making authority may require increased or decreased screening than that set forth in this Section if the finished elevation within five feet of the site boundary is different from that of the building site. 5. Wall Articulation. To avoid visual monotony, long straight stretches of wall or fence shall be avoided. Walls and fences shall be varied by the use of such design features as offsets (i.e. jogs), open panels (e.g. containing wrought iron), periodic variations in materials, texture, or colors, and similar measures. 6. Wall Planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the decision - making authority. Plant spacing shall be appropriate to the growth habits of the selected plant species and shall be designed to provide interest and variety along the wall rather than creating a complete covering of the entire wall surface. Where the decision -making authority determines that screening is not required, walls may incorporate tubular steel, wrought iron, or other open design. 7. Screening Materials. Screening shall consist of one or a combination of the following types: a. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six inches thick. Walls shall utilize durable materials, finishes, and colors consistent with project buildings. b. Solid Fences. Solid fences may be used for screening if approved by the decision -making authority. Such fences shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or #2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. c. Berms. Landscaped berms (ewthen rnotmds) shail not be Mot e than 20 feet in width at the baste Landscaped berms may be used for screening individually or in combination with walls, solid fences, and plant screens. d. Plant Screens. Plant materials, when used as a screen, shall consist of compact evergreen plants. Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within 18 months after initial installation. Permanent automatic irrigation shall be provided. If, 18 months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the Community Development Director may require that a wall, solid fence, or berms be installed. Loupdate-nonresidential 100-6 9.I00. SUPPLEMENTAL NONRESIDENTL4L REGULATIONS 9.100.060 Detached Accessory Structures. A. Permitted Accessory Structures. Detached accessory structures are permitted on nonresidential parcels containing a primary use subject to the following requirements: 1. Foundation. Accessory structures shall be placed on a permanent foundation. 2. Height and Placement. Except as specified in Subsection A-.2: 3.a of this Section, detached accessory structures may be placed or constructed only where main buildings are permitted and shall not exceed 12 feet in height. 3. Setback Reductions. Detached accessory structure shall be screened from both street and public parking area views, subject to the following requirements: (Revised 4/97) a. Height. The height limit for buildings which are less than ten feet from the property line shall be ten feet. b. Screening. Screening materials shall be not less than six feet high and shall be in compliance with Section 9.100.030 (Fences and Walls). Screening may consist of one or more of the following: (1) Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick. (2) Solid fences. A solid fence shall be constructed of wood or other materials to form an opaque screen. (3) Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants provided with a permanent automatic irrigation system. They shall be of a kind, or used in such a manner, as to provide screening having a minimum thickness of two feet within 18 months after initial planting. Plant materials shall be maintained in a neat, clean and healthy condition at all times. B. Prohibited Locations. Detached accessory structures are prohibited in the following locations: Where fences and walls are limited to a maximum height of 3%2 feet as specified in Section 9.100.030 (Fences and Walls). 2. Within the front 50 feet or front half of any building site, whichever is less. 3. Within the panhandle portion of a panhandle building site. I.oupdate-nonresidential 100-7 9.100: SUPPLEMENTAL NONRESIDENTL4L REGULATIONS 9.100.070 Satellite Dish and Other Antennas. A. Permits Required. The following antennas are allowed in nonresidential districts: 1. Permitted Commercial Antennas. Commercial television, radio, microwave, communication towers, and related facilities are permitted as principal uses in all districts subject to approval of a conditional use permit and conformance with the requirements of Chapter 9.170 (Communication Towers and Equipment) and this "ee`'�" 2. Permitted Accessory Antennas other than those described above. Roof -mounted antennas screened from a horizontal line of sight and ground -mounted antennas which do not exceed ten feet in height and which meet the requirements of Subsection B of this Section may be permitted as accessory structures without a minor use permit. All other antennas shall require approval of a minor use permit. B. Development Standards. Antennas within nonresidential districts may be ground -mounted or building -mounted provided the following requirements are met: 1. Any antenna which is the principal use on a lot shall comply with the district setback standards for main buildings. 2. A ground -mounted antenna which is an accessory use shall be located within the rear yard (minimum 5 foot from the rear property line) or may be located within a side yard if not within the required side yard setback. Ground -mounted antennas are prohibited from exterior (street) side yards unless not visible from the street. 3. Antennas, including roof -mounted antennas, shall not exceed the building height standards for the district in which they are located. 4. All accessory antennas shall be screened from both horizontal and vertical line of sight. Decorative overhead structures such as trellises may be required if the antenna is visible from surrounding higher buildings or terrain. 5. Antennas shall be a single color that blends with the immediate surroundings. 9.100.080 Christmas Tree Sales. Temporary Christmas tree sales facilities are permitted subject to approval of a temporary use permit and the following requirements: 1. The facility shall not be established prior to the Monday following Thanksgiving in any calendar year. I.oupdate-nonresidential 100-8 9.100: SUPPLEMENTAL NONRESIDENTL4L REGULATIONS 2. Such a facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations. 3. The applicant shall secure an electrical permit. 4. The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the January 8 following the applicable Christmas holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. 5. Each facility shall comply with fire prevention standards as approved and enforced by the Fire Marshal. 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A -frame signs, are prohibited. 9.100.090 Halloween Pumpkin Sales. Temporary Halloween pumpkin sales facilities are permitted subject to approval of a temporary use permit and the following requirements: 1. The facility shall not be established prior to October 1 of any calendar year. 2. Such a facility shall not engage in the sale of any merchandise not directly associated with pumpkins and Halloween decorations. 3. The applicant shall secure an electrical permit. 4. The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the November 14 following the applicable Halloween holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. 5. Each facility shall comply with fire prevention standards as approved and enforced by the Fire Marshal. 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. Loupdate-nonresidential 1 00-9 9.100: SUPPLEMENTAL NONRESIDENTL4L REGULATIONS 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A -frame signs, are prohibited. 9.100.100 Produce and Flower Stands. Temporary fresh produce and flower stands are permitted subject to approval of a temporary use permit and the following requirements: 1. Gotteheila Valley grown, Produce and flowers may be sold from a temporary sales facility. The temporary use permit for a sales facility shall include permitted dates of operation up to a maximum of 90-days. 2. Such a facility may not sell items not directly associated with fresh produce or flowers. 3. The applicant shall secure an electrical permit if electric power is to be provided. 4. The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility by the date indicated on the temporary use permit. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. 5. Each facility shall comply with fire prevention standards as approved and enforced by the Fire Marshal. 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A -frame signs, and light strings are prohibited. 9.100.110 Outdoor Vendors. A. Definition. Outdoor vendors include hotdog stands, ice cream carts, and similar retail uses which utilize a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size and design suitable for placement on a private sidewalk, plaza, or pedestrianway. B. Minor Use Permit. An outdoor vendor use may be established as an accessory use in any nonresidential district upon approval of a minor use permit pursuant to Section 9.210.020. All such uses shall comply with the following standards: Zoupdate-nonresidential 100-10 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS An outdoor vending use may only be established as accessory to the principal use on the parcel. 2. The location of the outdoor vending use shall not interfere with access to adjacent buildings or with pedestrian circulation. No portion of the vending use shall be located in a parking lot, street, or other area intended for vehicular parking, access or circulation. 3. The outdoor vending site shall not exceed 150 square feet. The vending site includes all areas separated from pedestrian access and used for vending activities, including storage. 4. The outdoor vending use shall not be located on a public sidewalk or within a public street right-of-way. 5. The operator/owner shall obtain other necessary licenses and permits required for such activities by City ordinances. 9.100.120 Outdoor Storage and Display. A. Purpose. This Section provides regulations for the permanent outdoor storage and display of merchandise, materials and equipment. B. Where Permitted. The storage and/or display of any merchandise, materials or equipment outside of an enclosed building is prohibited except where permitted in accordance with this Section, Section 9.80.040 pertaining to permitted uses, Section 9.100.130 pertaining to sidewalk sales and special events, or where permitted by a conditional use permit. C. Equipment, Lumber and Storage Yards. Any uncovered equipment and/or materials storage area, including vehicle storage, shall comply with the following regulations: 1. Use Permit. The establishment of any outdoor equipment or materials storage use shall require approval of a conditional use permit pursuant to Section 9.210.020. 2. Location. An equipment, material or storage yard use shall only be located where a main building is permitted by the applicable district regulations. 3. Screening. Outdoor storage yards shall be screened whenever they abut the boundary of the building site or are located between a building and an abutting street. The screening materials shall be not less than five feet high and shall be in compliance with Section 9.100.030 (Fences and Walls). Screening may consist of one or a combination of the following types: a. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six inches thick. I.oupdate-nonresidential 100-11 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS b. Solid Fences. Solid fences may be used for screening if approved by the decision -making authority. Such fences shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or #2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. Plant Screens. Plant materials, when used as a screen, shall consist of compact evergreen plants. Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within 18 months after initial installation. Permanent automatic irrigation shall be provided. If, 18 months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the Community Development Director may require that a wall, solid fence, or berms be installed. D. Outdoor Display and Sales. Outdoor sales and display areas in conjunction with retail uses such as nursery and garden supply stores or departments within retail stores shall comply with the following standards: Fencing. The outdoor sales and display area shall be enclosed by a wall or fence at least four feet high which obscures views from streets or public parking areas into the area. The color and materials used to fence the area shall be complementary to the color and materials used in buildings on -site. Chain link fencing is not permitted. 2. Building Design. When the outdoor sales area is an extension of retail uses within an adjacent building, it shall be enclosed by a wall which is, by exterior appearance, an extension of the adjacent building. The design of the building and outdoor area shall appear as a single structure. E. Vehicle Sales. The outdoor display and sales of vehicles shall be subject to the approval of a conditional use permit in accordance with Section 9.210.020. The use permit shall establish standards for each such facility. Such standards shall include at a minimum: 1. Landscaping. Perimeter landscaping conforming to that required for the applicable zoning district per Chapter 9.90. 2. Lighting. Outdoor lighting conforming to the standards of Section 9.100.150. 3. Vehicle Display. Precise delineation of the location and limits of outdoor vehicle display and storage areas, plus prohibition of focal display areas elevated more than one foot above the average finish grade of the overall outdoor display area. I.oupdate-nonresidential 100-12 9.100. SUPPLEMENTAL NONRESIDENTL4L REGULATIONS 9.100.130 Sidewalk Sales and Commercial Events. A. Purpose. This Section provides regulations for: (1) the temporary outdoor sale of merchandise by retail businesses, and (2) special outdoor commercial events within shopping centers. B. Definitions. For purposes of this Section, the following definitions shall apply: A sidewalk or parking lot sale means the temporary outdoor display and sale by a retail business, of merchandise which is normally displayed indoors at the same location as the outdoor sale. 2. A special commercial event means the temporary outdoor display and sale of merchandise, not necessarily sold indoors at the same location, arts and crafts shows, entertainment, or similar events within a commercial center. C. Temporary Use Permit Required. Sidewalk sales and special events in commercial centers are permitted subject to issuance of a temporary use permit and compliance with the following provisions: 1. The application for a temporary use permit for a sidewalk sale or a special commercial event shall include a site plan indicating the location of the temporary uses and demonstrating maintenance of adequate parking, site circulation and emergency access. 2. A sidewalk sale or a special commercial event may be conducted over a maximum of four consecutive days and no more than once within three calendar months at any location. Each such event shall require the approval of a temporary use permit. Special commercial events which benefit nonprofit organizations, can be held more than once every three months if approved by the Community Development Director. 3. Adequate pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway. 4. Adequate vehicle access shall be maintained around merchandise, displays, or temporary structures placed in parking areas. 5. A cash bond or other guarantee shall be posted for removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event. 6. The application shall be reviewed by the Fire Marshal and the event shall comply with fire prevention standards and emergency access requirements as approved and enforced by the Fire Marshal. I.oupdate-nonresidential 100-13 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS K. Public Nuisance. Any light fixture installed after the effective date of this Zoning Code which violates the provisions of this Section constitutes a public nuisance and shall be abated. L. Premises Identification. 1. Street numbers or addresses assigned by the City or the County shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. 2. All dwelling units shall have a wall mounted internally or externally illuminated address sign displayed in a prominent location. The illumination source for the address sign shall be controlled by a photocell sensor or a timer. As an option, the address sign may be attached to a single -residence mail box pedestal with the same illumination source as stated above. If this option is chosen, both sides of the mailbox shall have said address numbers displayed. 9.100.160 Caretaker Residences. Caretaker residences may be developed in any nonresidential district for the exclusive use of personnel employed for the maintenance and security of the principal use subject to the approval of a minor use permit per to Section 9.210.020 and the following standards: The caretaker residence shall be located in a building which complies with all building setbacks established for the district in which it is located. 2. The residence shall be a minimum of 600 square feet in floor area.(Revised 4/97) 3. The residence may be a portion of a building primarily devoted to nonresidential uses or may be a separate building. If it is a separate building, the location, design and materials of the residence shall be consistent and integral with the site plan and building design for the principal use. 4. Two off-street parking spaces shall be provided in addition to the parking required for the principal use(s). 9.100.170 Construction and Guard Offices. The temporary placement of a trailer, recreational vehicle, or relocatable building or the temporary use of a permanent structure on an active construction site for use as a construction and/or watchman's quarters, and the establishment of a materials and equipment storage yard, shall be permitted subject to approval of a temporary use permit and the following requirements: 1. Placement. The office shall not be moved onto the site nor otherwise established until issuance of a precise grading permit or, if there is no grading permit, until issuance of the building permit. Zoupdate-nonresidential 100-22 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 2. Removal. Any trailer or temporary building shall be removed from the site prior to the issuance of certificates of occupancy for the last new building on the site. The site of the temporary building shall then be restored to its original condition, paved or surfaced for dust control, landscaped, or otherwise improved in accordance with the approved project plans or temporary use permit. Conversion. Any permanent structure or portion of a permanent structure devoted to temporary uses shall be converted to a permitted use prior to the issuance of certificates of occupancy for the final buildings to be constructed. 4. Use of Existing Building During Construction. The use of an existing lawfully established building may continue during construction or relocation of another building on the same building site upon approval of a temporary use permit and compliance with the following provisions: a. Prior to occupancy of a new building, the existing building shall be brought into conformity with any additional regulation rendered applicable by the placement of a new building on the site. Conformity shall be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof. b. The Director shall require the landowner to provide a guarantee, which may include a bond, to ensure full compliance with the zoning regulations upon completion of the new building or sooner if, in the Director's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued. 5. Utilities. The office shall be supplied with an electric meter and sewer and water facilities. 9.100.180 Relocatable Buildings. A relocatable building or trailer may be permitted to serve as any use permitted in the applicable zoning district subject to the approval of a temporary use permit application and the following additional provisions: 1. The temporary use permit application shall include the following: a. A description of the proposed uses and operating characteristics for all uses on the site, both temporary and permanent. b. A plot plan showing the location of all uses and structures, both temporary and permanent. c. Supplementary exhibits, as required by the Director to adequately review the proposal, such as building elevations, landscaping, grading, access, and utility service. Loupdate-nonresidential 100-23 9.100: SUPPLEMENTAL NONRESIDENTL4L REGULATIONS 3. Reverse Mode Required. All service stations which include service bays shall be designed in the "reverse" or "backup" mode, i.e. service bay openings oriented away from streets. 4. Screening. Screening requirements shall be the same as for service stations without service bays. F. Removal of Abandoned Stations. Any service station which is closed for more than twelve consecutive months shall be deemed abandoned and shall be removed from the site at the expense of the property owner including the removal of buildings and structures and all underground storage tanks and any necessary site remediation due to tank leakage or other aspects of the service station use. 9.100.250 Child HarCare Centers. Child 4ay care centers or preschools in nonresidential districts shall conform to the following requirements regardless of the number of children served by the facility: 1. A conditional use permit shall be required to establish a child dfty care center per Section 9.210.020. In addition, all facilities shall comply with this Section and with any additional requirements imposed as part of the conditional use permit or by any other applicable permit. 2. All facilities shall be operated in accordance with state and local health, safety, and other regulations. 3. Outdoor activities shall be limited to the hours between 8:30 a.m. and 7:00 p.m. 4. All facilities shall provide an onsite pickup/dropoff area. In addition, there shall be an onsite vehicle turnaround or alternatively, separate vehicle entrance and exit points. 5. All parking, signs, and outdoor lighting shall comply with the applicable regulations set forth in Chapter 9.150, Chapter 9.160 and Section 9.100.150, respectively. 6. All facilities shall comply with the development standards of the district in which they are located, as set forth in Section 9.90.040. 9.100.260 Senior Group Housing. Senior citizen group housing projects in nonresidential districts shall conform to the following requirements: 1. Residential occupancy shall be limited to single persons 55 years of age or over or couples with at least one partner 55 years of age or over. 2. The project may provide, for the exclusive use of the residents, central cooking facilities, common dining room(s), central laundry facilities, a beauty shop, a barber shop, and a pharmacy not exceeding 1000 square feet in floor area. Zoupdate-nonresidential 100-3 3 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 9.100.280 Bus Stop Benches and Shelters. The erection, placement, construction and maintenance of bus benches and bus shelters shall be regulated in accordance with established City policies and procedures. 9.100.290 Fugitive Dust Control. Compliance with Chapter 6.16, Fugitive Dust Control, is required for applicable land uses and construction and demolition activities. I.oupdate-nonresidential 100-35 9.150. PARKING TABLE 1502: PARKING FOR NONRESIDENTIAL LAND USES Land Use Min. Offstreet Parking Additional Requirement Requirements Mortuaries and funeral homes 1 space for every 25 sq/ft or fraction thereof of assembly room floor area, plus 1 space for each vehicle stored onsite, plus 5 spaces for employees Senior centers 1 space per 125 sq/ft GFA LODGING AND CHILD CARE USES. Day care centers, including 1 space per staff member plus I space Stacking analysis may be preschools and nursery schools per 5 children. Parking credit may be required to define a drop-off given if queuing area for more than 4 facility that accommodates at cars is provided, but resulting parking least four cars in a continuous shall be not less than 1 per staff flow, preferably one-way, to member plus 1 per 10 children safely load and unload children Hotels: (1) Facilities with less than 200 1.1 spaces per guest bedroom plus 1 rooms space for every 75 sq/ft of meeting room GFA plus the spaces required for ancillary commercial uses (2) Facilities with 200 rooms or 1.5 spaces per guest bedroom plus 1 more space for every 75 sq/ft of meeting room GFA plus the spaces required for ancillary commercial uses Motels 1.1 space per guest bedroom plus 1 employee space per 10 guest rooms, plus 2 spaces for any manager's unit, plus the spaces required for ancillary commercial uses Timeshare facilities 1.5 spaces per dwelling or guest unit plus the spaces required for ancillary commercial uses Recreational Vehicle Parks One automobile parking space on each recreational vehicle lot plus one space per 20 recreational lots for visitors. Zoupdate-Parking 15 0-14 9.150. PARKING c. Wall Planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the City. 4. Other Screening Materials. In addition to walls, if approved by the decision -making authority, screening may consist of one or a combination of the following materials: a. Plant Screens and Berms. Plant materials, when used as a screen, shall consist of compact evergreen plants or landscaped berms (earthen mounds). Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within 18 months after initial installation. Width of landscape strips and other landscaping standards shall be in accordance with Paragraph M of this Section. b. Solid Fences. If permitted in the zoning district, a solid fence shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. c. Open Fences. An open weave or mesh -type fence shall be combined with plant materials to form an opaque screen. M. Parking Facility Landscaping. Purpose. Landscaping of parking lots is beneficial to the public welfare in that such landscaping minimizes nuisances such as noise and glare, provides needed shade in the desert climate, and enhances the visual environment. Therefore, landscaping shall be incorporated into the design of all off-street parking areas in accordance with this Subsection. 2. Preservation of Existing Trees. Where trees already exist, the parking lot shall be designed to preserve as many such trees as feasible (in the opinion of the decision -making authority) in order to make the best use of the existing growth and shade. 3. Screening. Screening of parking areas shall be provided in accordance with Paragraph L of this Section. 4. Perimeter Landscaping. Whenever any parking area, except that provided for single-family dwellings, adjoins a street right-of-way, a perimeter planting strip between the right-of-way and the parking area shall be landscaped and continuously maintained. All planting within ten feet of any entry or exit driveway shall not be permitted to grow higher than 30 inches. Berms or low walls may also be incorporated into the planting strip. The width of the planting strip, measured from the ultimate property line (i.e. after street dedication), shall be in accordance with Table 1505 following. (See also Nonresidential Development Standards, Chapter 9.90). Loupdate-Parking 150-29 9.150: PARKING TABLE Ii 505: REQUIRED PERIMETER LANDSCAPING Street or Highway Min. Width of Planting Strip (feet) Highway 111 50 Primary Image Corridors* and 20 Major or Primary Arterials Other Streets and Highways 10 * The following are Primary Image Corridors as identified in the General Plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington St.) 5. Interior Landscaping. a. Within open parking lots (i.e. not including parking structures) containing four or more parking spaces, landscaping equal to at least 5 percent of the net project area shall be provided within parking areas. Perimeter planting strips shall not be credited toward this interior landscaping requirement. (Revised 4/97) b. All open areas between curbs or walls and the property line shall be permanently landscaped and continuously maintained. Landscaping shall include native or drought - tolerant shrubs, trees, vines, groundcovers, hedges, flowers, bark, chips, decorating cinders, gravel, and similar material which will improve the appearance of parking areas;(See also Nonresidential Development Standards, Chapter 9.90). c. Interior landscaping shall be distributed evenly throughout the entire parking area. d. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. 6. Parking Lot Shading. As part of the minimum interior landscaping required per Paragraph M-5 of this Section, 8-10 feet tall (min. 15 geAl@ 24" box container size with a minimum 1.5 inch caliper) trees of suitable mature size, spread and climatic conditioning shall be placed throughout the parking area to provide adequate shade for pedestrians and vehicles. Canopy - type trees shall be placed so as to shade a portion of the total parking area within 15 years in accordance with Table 9-16 following. I_oupdate-Parking 15 0-3 0 CHAPTER 9.160: SIGNS Sections: 9.160.010 Purpose and Intent ................................. 160-1 9.160.020 Exempt Signs ..................................... 160-1 9.160.030 General Sign Standards ............................. 160-4 9.160.040 Permanent Signs in Residential Districts ............... 160-6 9.160.050 Permanent Signs in Nonresidential Districts ............ 160-7 9.160.060 Permitted Temporary Signs ......................... 160-9 9.160.070 Permitted Semi -Permanent Signs .................... 160-12 9.160.080 Semi -Permanent Downtown Village Directional Signs .. 160-14 9.160.090 Sign Permit Review ............................... 160-15 9.160.100 Prohibited Signs .................................. 160-19 9.160.110 Nonconforming Signs .............................. 160-21 9.160.120 Enforcement, Sign Removal, and Abatement .......... 160-21 9.160.130 Sign Definitions ................................... 160-23 9.160.010 Purpose and Intent. A. Purpose. These regulations are intended to implement the goals and policies of the General Plan by: 1. Providing minimum standards to safeguard and enhance property values and protect public and private investment in buildings and open spaces; 2. Preserving and improving the appearance of the City as a place to live, work and visit. 3. Encouraging sound signing practices to aid business and provide directional information to the public; 4. Ensuring that signs effectively identify business and other establishments; 5. Preventing excessive and confusing signing displays ; 6. Reducing traffic hazards and promoting the public health, safety, and welfare by minimizing visual competition among signs; 9.160.020 Exempt Signs. A. Signs not Requiring Sign Permits. The signs listed in Table 1601 following do not require a sign permit nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. However, this exemption shall not be construed as relieving the sign owner of the responsibility of: (1) obtaining any building or other permits required for sign erection, if any; (2) proper sign maintenance; or (3) compliance with applicable provisions of this Chapter or of any other law or ordinance. Exempt signs shall not be illuminated nor placed within any public right-of- way unless specifically permitted hereinbelow. Zoupdate-Signs 160-1 9.160: SIGNS TABLE 1601: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type I Placement Max. Area Illumination In this Table: • "n/a" means not applicable or no restriction • "Building -mounted" means signs mounted flush -to -wall only 1. Official notices issued by any court or public body or n/a n/a n/a officer and notices posted by any public officer in the performance of a public duty or by any person giving legal notice 2. Within residential districts, address or identification signs Building- 1 sq/ft Required mounted aggregate 3. Signs located in the interior of any building or enclosed n/a n/a Yes outdoor area which are designed and located to be viewed exclusively from within such building or outdoor area 4. Tablets, stained glass windows, or dates of erection cut into Building- 3 sq/ft No the surface of a wall or pedestal or projecting not more than mounted or two inches free-standing 5. Directional, warning, or informational signs required by or n/a n/a Yes authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses 6. Incidental accessory signs and placards (e.g. Open/Closed Window or 3 sq/ft No signs), six signs maximum per premises building- aggregate mounted 7. Temporary decorations clearly incidental and customary n/a n/a Yes and commonly associated with any national, local or religious holiday, provided such signs are removed within seven days after the applicable holiday. 8. Sculptures, fountains, mosaics, and design features which n/a n/a Yes do not incorporate advertising or premise identification 9. Property signs (e.g. "No Trespassing," "No Parking," etc.), Building- 3 sq/ft Yes informational/directional signs (e.g, "Restrooms," "Exit," mounted etc.) and warning signs (e.g. "High Voltage") or free-standing 10. Vehicular directional signs used to identify street entrances Building- 3 sq/ft Yes and exits, maximum three feet high if free-standing mounted or free-standing 11. Directional pavement marking n/a n/a n/a 12. Newspaper stand identification n/a 3 sq/ft No 13. Within commercial districts, chalkboards or small placards Building- 3 sq/ft Indirect only (e.g. restaurant menu boards) I mounted Zoupdate-Signs 160-2 9.160: SIGNS TABLE 1601: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type 7Placement Max. Area Illumination In this Table: • "n/a" means not applicable or no restriction • "Building -mounted" means signs mounted flush -to -wall only 14. Vending machine signs and automatic teller signs n/a n/a Yes 15. Directional and non-profit public information signs for Free-standing 6 sq. ft. No public, quasi -public, and non-profit uses on public or private property, adjacent to an Arterial thoroughfare. Number, shape, location, and height (maximum 6-feet) of signs shall be approved by the Director of Community Development and Public Works. 16. Within commercial zones, temporary information window Window No one No signs fronting on a street, parking lot or common on -site mounted window area, not covering more than 25% of the area of the sign shall window(s) within which they are placed for a period not to exceed 4' exceed 14 days nor more than six (6) times per calendar high or 8' year. No more than three (3) signs per elevation with long (32 sq. windows may be installed at any one time. ft.) 17. Within residential zones, temporary decorative flags clearly Building- 7 sq. ft. No incidental which may or may not be associated with any mounted national, local, or religious holiday. 18. Temporary for sale, lease, open house, or rent signs located Free-standing H 3 sq. ft. 4 No. on the subject property. One sign per street frontage. ft. high. Aggregate not to exceed 12 sq. ft. 19. Temporary for sale, lease, open house, or rent signs located Free-standing 12 sq. ft. 6 No on commercial minimum ten acre residential parcels in one ft. high. ownership. One sign per street frontage. Aggregate not to exceed 24 sq. ft. Signs in Residential Districts Requiring a Permit See Section 9.160.040 Signs in Nonresidential Districts Requiring a Permit See Section 9.160.050 Temporary and Semi -Permanent Signs See Sections 9.160.060 and 9.160.070 B. Repainting. The repainting of a sign in original colors shall not be considered an erection or alteration which requires sign approval unless a structural, text, or design change is made; loupdate-Signs 160-3 9.160: SIGNS TABLE 1602: PERMANENT SIGNS PERMITTED IN RESIDENTIAL DISTRICTS WITH A SIGN PERMIT Other Uses - I free- 24 6 ft. Indirect only I sign may be changeable standing copy - 2 bldg- 24 aggreg. Top of wall mounted Signs in Nonresidential Districts Requiring a Permit See Section 9.160.050 Signs exempt from sign permit approval See Section 9.160.020 Temporary and semi -permanent signs See Sections 9.160.060 and 9.160.070 9.160.050 Permanent Signs in Nonresidential Districts. Signs identified in Table 1603 following are permitted in nonresidential districts subject to approval of a sign permit per Section 9.160.090. TABLE 1603: PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Note: Free-standing signs shall not be Iocated within Y of a street right-of-way nor within a comer cutoff area identified in Section 9.100.030. • "ID" means identification sign. • Signs required by law shall be allowed at the minimum size specified by such law. Sign Type and Max. 'dumber Max. Area Max. Illumination Additional Placement Height Requirements Free-standing center 1 per street .25 sq/ft per lineal 8 ft. Direct or Aggregate sign or complex ID sign frontage ft. of street front- indirect for area may not be for multi -tenant age up to max. of all signs combined among building or multi- 50 sq/ft per sign street frontages. building shopping and 100 sq/ft Letter height shall center or other aggregate for all be a minimum commercial or office signs 10" high. complex I.oupdate-Signs 160-7 9.160: SIGNS TABLE 1603: PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Note: • Free-standing signs shall not be located within Y of a street right-of-way nor within a corner cutoff area identified in Section 9.100.030. • " ID" means identification sign. • Signs required by law shall be allowed at the minimum size specified by such law. Sign Type and Placement Building -mounted or permanent window ID signs for individual commercial or office tenants Free-standing ID sign for individual commercial or office bldg. Building -mounted ID sign for individual commercial or office bldg. Building -mounted or free-standing directory sign for multi -tenant bldgs or complexes Max. Number 1 flush -mounted plus 1 under - canopy per tenant frontage along a street or along a common -use prkng lot with no direct street frontage 2 (but no more than 1 per each side of building) 1 per entrance to building or complex Max. Area Flush-Mntd: 1 sq/ft per lineal ft. of lease frontage up to max. of 50 sq/ft aggregate. If free-standing sign is also used, building - mounted or permanent window is limited to 50% of allowable sign area. Under -Canopy: 3 sq/ft 50 sq/ft 1 sq/ft per lineal ft. of bldg frontage along a street up to max. of 50 sa/ft aap-re% 18 sq/ft Max.. i Illumination 8 ft. Direct or indirect for all signs 8 ft. I Direct or indirect for all signs Top of Direct or wall indirect for all signs Top of Direct or wall or indirect 6 ft. if free - Additional ID signs not permitted for tenants above the ground floor in buildings with only interior access above ground floor Allowed only if bldg has min. 200 ft. of street Signs are to be designed and oriented to direct pedestrian traffic I.oupdate-Signs 160-8 9.160: SIGNS TABLE 1603: PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Note: Free-standing signs shall not be located within 5' of a street right-of-way nor within a corner cutoff area identified in Section 9.100.030. • "ID" means identification sign. • Signs required by law shall be allowed at the minimum size specified by such law. Sign Type and Max. Number Max. Area Max. Illumination Additional Placement Height Requirements Gas/service stations 1 free-standing 8 ft. Direct or Allowed only for sign per street indirect for stations which are frontage, all signs not accessory to combining bus. 50 sq/ft other uses. Price identification and sign must show gas prices aggregate the lowest price per gallon of all 1 building- Top of grades, including mounted ID wall taxes. Theaters, cinemas, 1 free-standing and Aggregate Top of Direct or and cabarets 1 building- allowed: 20 sq/ft wall or indirect for mounted sign, of plus 10 sq/ft per 12 ft. if all signs which 1 sign may screen/stage over free - be combination ID 1, up to a max. of standing & attraction board 40 sq/ft I building- 6 sq/ft each Top of Indirect only mounted coming- wall attraction poster per screen or stage Church and • 1 free-standing 24 sq/ft 6 ft. Direct 1 of the allowed Institutional Uses or signs may include • 2 Bldg -mounted 24 sq/ft Top of indirect for an attraction aggregate wall all signs board Signs in Residential Districts Requiring a Permit See Section 9.160.040 Signs exempt from sign permit approval See Section 9.160.020 Temporary and semi -permanent signs I See Sec. 9.160.060 and 9.160.070 9.160.060 Permitted Temporary Signs. A. Definition. "Temporary sign" means any non -illuminated sign which may require a sign permit and which is intended to be posted for a maximum of 60 days. Temporary signs include without limitation: political campaign signs, garage sale signs, and seasonal sales signs. I_oupdate-Signs 160-9 9.160: SIGNS B. Maximum Time Periods. No temporary sign shall be posted for more than 60 consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within 90 days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Exeept where wt approva4 is obtained tmder Stibseetion F of this Seetion, Temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed 12 square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed 24 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030 D. Maximum Height. Free-standing temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed O) F. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, mail boxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs, or traffic signs or signals. Temporary signs shall be posted no closer than five feet from the edge of the paved area of any public road or street. Within the public right of way, temporary signs shall be placed no less than 200 feet apart from identical or substantially similar temporary signs and shall not be visible simultaneously within the boundaries of the City. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post more than five temporary signs on private or public property shall make application to the Community Development Department for a sign permit. To insure sign removal upon expiration of the permitted posting time, a refundable deposit as established by City Council Resolution shall be paid in conjunction with the issuance of the sign permit. I_oupdate-Signs 160-10 CHAPTER 9.185: RECREATIONAL VEHICLE PARK Sections: 9.185.150 Common Recreation Area ............ 185-6 9.185.010 Purpose and Intent .................. 185-1 9.185.160 Screening .......................... 185-6 9.185.020 Definitions ......................... 185-1 9.198.170 Exterior Lighting ................... 185-6 9.185.030 Permitted Zone Districts 185-2 9.185.180 Improvement of Spaces .............. 185-6 9.185.040 Applicability ....................... 185-2 9.195.190 Automobile Parking ................. 185-6 9.185.050 Occupancy p y 185-3 9.185.200 Accessways and Roads ............... 185-7 9.185.060 Prohibited Uses ..................... 185-3 9.185.210 Outdoor Storage .................... 185-7 9.185.070 Accessory Structures ................ 185-3 9.185.220 Trash Removal ..................... 185-7 9.185.080 Prohibited Accessory Structures ....... 185-4 9.185.230 Utilities ........................... 185-8 9.185.090 Coverage ........... 185-5 9.185.240 Movement of Recreational Vehicles .... 185-8 9.185.100 Density ............................ 185-5 9.185.250 Subdivision of Lots .................. 185-8 9.185.110 Area of Parks and Lots 185-5 9.185.260 Conflicts with Zoning District 9.185.120 Frontage of Parks and Lots ........... 185-5 Requirements .................. 185-8 9.185.130 Setbacks and Yards ................. 185-5 9.185.140 Landscaping ....................... 185-6 9.185.010 Purpose and Intent. These regulations are intended to provide for development of recreational vehicle rental parks and ownership/membership parks. In a manner which will be compatible with surrounding properties. This Chapter is to define various types of recreational vehicle parks and recreational vehicle campgrounds, and to provide for their proper development, as opposed to mobile home parks, and to provide a reasonable compatibility with adjoining properties while allowing a diversity of uses. 9.185.020 Definitions.. For the purposes of this Section, the following definitions shall apply. A. "Recreational Vehicle" means, as defined by Section 18010 of the California Health and Safety Code, a motor home, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, which meets all of the following criteria: 1. It contains less than 320 square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms. 2. It shall not exceed eight feet in width as measured at maximum horizontal projections, with the exception of one slide -out not exceeding 20 square feet in area. 3. It is built on a single chassis. 4. It is either self-propelled, truck -mounted, or permanently towable on the highways without a permit. 5. It is constructed in accordance with Standard No. A119.2 of the American National Standards Institute, as may be changed by the regulations of the State Department of Housing and Community Development. Loupdate-Recvehpark 185-1 9.185: RECREATIONAL VEHICLE PARK B. "Recreational Vehicle Park" means, a recreational development containing active recreational amenities and lots for the parking of recreational vehicles, as temporary residences. For the purpose of this Code, recreational vehicle parks are further defined as either: 1. Rental Parks, where the recreational vehicle park is owned by a single owner or organization and all recreational vehicle lots are rented or leased for a period not exceeding 180 days in a calendar year. 2. Ownership/Membership Parks, where the recreational vehicle lots are owned by individuals, but the park itself and the amenities, including common areas, are maintained by a homeowner association or other organization in which all recreational vehicle owners must maintain membership, or in which the individual lots are owned by an overall membership organization, of which individual recreational vehicle owners are members, provided in any circumstances the lots are not occupied for a period exceeding 180 days in a calendar year. C. "Recreational Vehicle Lot", means that part of a recreational vehicle park for the exclusive use of the occupants of a recreational vehicle. The recreational vehicle lot shall include the exclusive adjoining parking space and the required open space around the recreational vehicle. An RV lot maybe rented, leased, or, if permitted, herein, purchased as a separate parcel of land. 9.185.030 Permitted Zone Districts. A recreational vehicle park is permitted in the CR and CT Districts by an approved conditional use permit. Such a use is not permitted in any other district. 9.185.040 Applicability. The following uses are permitted in all parks subject to the provisions of this chapter: A. Placement of recreational vehicles for nonpermanent residency. Note per City definition a recreational vehicle does not include mobile homes. B. Permanent residency for manager or other employees in the operation of the park, provided they are not houses in a recreational vehicle or park trailer. C. Delicatessen, snack bar and food store, provided this use is fully contained in a social or recreation center at least 100 feet from any property line of the recreational vehicle park, and serving only park guests. D. Similar uses: The Planning Commission may, by the conditional use permit approval process, permit any other uses which it may determine to be similar to those listed above, operated exclusively for the convenience of recreational vehicle park residents, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in the park, as provided in this Code. All uses shall be subject to the property development standards contained herein. E. Rental Parks: Additional uses applicable to rental recreational vehicle parks: Placement of 7_oupdate-Recvehpark 185-2 9.185: RECREATIONAL VEHICLE PARK park trailers in lots specifically designed for such units. F. Ownership/Membership Parks: Additional uses applicable to Ownership/Membership recreational vehicle parks: No additional uses. Note: Park trailers are specifically prohibited within Ownership/Membership recreational vehicle parks. 9.185.050 Occupancy. A. Rental Parks: The length of occupancy in a recreational vehicle in any one lot shall not exceed 180 days in any one year. B. Ownership/Membership Parks: The length of occupancy in a recreational vehicle in any one lot shall not exceed 180 days in any one year. C. As to Subsections "A"and `B" of this Section, the limitation upon total number of days of occupancy shall apply to any particular recreational vehicle or park trailer, wherever it may be located within the recreational vehicle park. No single recreational vehicle or park trailer shall be permitted to be occupied mor than the specified number of days in any one recreational vehicle park in any one year. If the length of occupancy does not exceed 30 days, Transient Occupancy Tax will be required in accordance with Chapter 3.24. D. "Year"for the purpose of this Section shall include any period of 365 consecutive days. 9.185.060 Prohibited Uses. A. Permanent Residency: Except for park management and maintenance personnel, there shall be no permanent residency in a recreational vehicle park, nor shall any recreational vehicle or park trailer be occupied in any such park by any person or combination or succession of persons totaling more than the number of days specified for that type of park in Section 9.185.050. B. Non -Residential uses: Except as otherwise expressly provided herein, no part of the park shall be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending or similar purpose or any other purpose unrelated to a recreational vehicle park. C. Home Occupations: Not permitted within any recreational vehicle, park trailer, or residence within a recreational vehicle park. D. Propane. The on -site sale of propane is prohibited, except from a mobile commercially - licensed vendor. 9.185.070 Accessory Structures. A. General. The following structures and their uses are permitted in all recreational vehicle parks: Zoupdate-Recvehpark 185-3 9.185. RECREATIONAL VEHICLE PARK 1. Mobile Homes: Not more than one mobile home lot for every 20 RV spaces may be placed in a recreational vehicle park. The mobile home is to be occupied only by the owner, the manager, or employee in the operation of the park. 2. One single family residence for the owner or manager of a recreational vehicle park. The minimum site area requirement for this residence shall be 6,000 square feet. The residence may include office space for use in connection with the park operation. 3. Social and Recreational center, provided such center is at least 100 feet from any property line of the Recreational Vehicle Park. 4. Private recreation facilities for the use of the occupants of the park and their guests, such as swimming pool, putting greens and shuffleboard courts. 5. Common laundry facilities provided there is no dry cleaning equipment or outdoor laundry drying. 6. Common shower, bath, and locker room facilities. Not permitted on recreational vehicle lot as separate structure. 7. Structures to assist the handicapped. B. Rental parks: No additional accessory structures permitted. C. Ownership/Membership parks: Storage structures provided that: 1. The storage structure does not exceed dimensions of 10 feet in width, nine feet in depth and seven feet in height. 2. The storage structures within a given park are similar in design, style, quality, and building materials to other such structures or approved theme designs in the park. 3. The storage structures are located within the rear half of the RV lot. 4. There is a maximum of one storage structure per recreational vehicle lot. 9.185.080 Prohibited Accessory Structures. A. The following structures are prohibited within all recreational vehicle lots: 1. Any enclosed habitable buildings. 2. Garages and carports. 3. Fences. loupdate-Recvehpark 185-4 9.185: RECREATIONAL VEHICLE PARK 4. Curbing for landscape areas and other decorative curbing or containers greater than six inches in height. 5. Freestanding individual mailboxes. 9.185.090 Coverage. The maximum coverage shall be 60% for a recreational vehicle lot. For the purpose of this section, coverage shall include the area of the recreational vehicle, patio cover, and storage shed. 9.185.100 Density. A. The maximum net density in the various permitted recreational vehicle parks is as follows: 1. Rental Parks: the number of recreation vehicle lots shall not exceed 15 per acre. 2. Ownership/Membership Parks: The number of recreational vehicle lots shall not exceed 12 per acre. 9.185.110 Area of Parks and Lots. A. Park Area: Each recreational vehicle park shall have a minimum often acres measured from the property lines of the park. B. Rental Park: Minimum area of recreational vehicle lot shall be 2,000 square feet. C. Ownership/Membership Park: Minimum area of recreational vehicle lot shall be 1,500 square feet. 9.185.120 Frontage of Parks and Lots. A. Park Frontage: Each recreational vehicle park shall have a minimum frontage on a public street of 300 feet. B. Rental Park: The frontage of a recreational vehicle lot shall be a minimum of 40 feet on a roadway. C. Ownership/Membership Park: The frontage of a recreational vehicle lot shall be a minimum of 30 feet on a roadway. 9.185.130 Setbacks and Yards. A. Setbacks for park. Setbacks in which no recreational vehicle lot or structures are to be located. Zoupdate-Recvehpark 185-5 9.185. RECREATIONAL VEHICLE PARK B. Setbacks. No recreational vehicle, park, trailer, or structure may be placed within 10 feet of a roadway, exterior sideyard or rear lot line or within five feet of the interior side lot line. C. Separations: The minimum distance between any recreational vehicle or park trailer and any other recreational vehicle or park trailer shall be 10 feet. 9.185.140 Landscaping. A. Park Yards: All required yards within a recreational vehicle park shall be fully landscaped and irrigated No required parking or vehicular maneuvering areas shall be permitted in required yards, except entry roads crossing through said yards. B. All common open areas except for natural areas, shall be landscaped and irrigated. C. Each recreational vehicle lot shall contain at least 200 square feet of outdoor patio area containing at least one evergreen tree to provide a shade canopy. 9.185.150 Common Recreation Area. A. Common recreation area shall be required for all recreational vehicle parks. The recreation area may contain social halls, swimming pools, game courts, open areas, etc. Open areas may be either designed for active or passive recreation, provided that the slope of the land does not exceed a gradient of 10 percent. Grades above 10 percent shall be common area, but not counted as recreation area. The minimum amounts of common recreation area shall be provided as follows: 1. Rental Parks: 200 square feet per recreational vehicle lot. 2. Ownership/Membership Parks: 300 square feet per recreational vehicle lot. B. The common recreation area shall be for the use of the entire park and shall not be partitioned in any manner for the sole use of any person or group of persons. 9.185.160 Screening. A. Screening shall be provided as required in Section 9.100.150. 9.185.170 Lighting. A. Exterior lighting shall comply with provisions of Section 9.100.150. 9.185.180 Improvement of Lots. All recreational vehicle lots shall contain concrete cement paved areas for automobile parking, outdoor patio and for the parking of the recreational vehicle or park trailer, provided that no more than 70 percent of each lot is covered with nonpermeable material. Loupdate-Recvehpark 185-6 9.185: RECREATIONAL VEHICLE PARK 9.185.190 Automobile Parking. A. Parking shall comply with provisions of Chapter 9.150. 9.185.200 Accessways and Roads. A. Accessways: Parking accessways (p.a.s.) To the park shall have a minimum width of 32 feet and have a clear and unobstructed access to a public street. The p.a.s. shall beat least 100 feet in length from the street curb line and shall have no access to recreational vehicle lots or roadways. No vehicular parking shall be permitted withinthe p.a.s. unless specifically designated for parking pursuant to City -approved plans. B. Roads. 1. Each recreational vehicle lot shall front on a road. No recreational vehicle lot shall take access from a public street, alley or p.a. 2. No vehicular parking shall be permitted within the road unless specifically designated for parking pursuant to City -approved plans. 9.185.210 Outdoor Storage. No construction or flammable material, or vehicle other than a recreational vehicle shall be stored within a recreational vehicle lot, road, or common areas except in special storage areas. Storage areas shall be screened by an opaque living hedge or masonry wall not less than five feet in height and shall be clearly designated on the approved plans. 9.185.220. Trash Removal. A trash removal plan for the recreational vehicle park shall be submitted at the time of application. This plan must include the type of trash collection facilities; location, size and number of trash receptacles; and frequency of removal. Trash collection areas shall be fully screened and inaccessible to animals. 9.185.230. Utilities. A. Electrical Service. Only one power supply connection shall be made to a recreational vehicle. Electric power supply equipment shall be located on the rear half of the recreational vehicle lot. B. Water Service. Each lot shall be served by a domestic water supply system. C. Sewer Service. Recreational vehicle parks shall be connected to sanitary sewerage facilities. Each lot shall be serviced to the system by a three inch riser with `P"trap and basin designed to prevent spillage from contaminating the ground area. I.oupdate-Recvehpark 185-7 9.185: RECREATIONAL VEHICLE PARK D. Undergrounding. All utilities shall be underground. E. Fire Hydrants. Hydrants shall be installed as required by the City Engineer. 9.185.240. Movement of Recreational Vehicles. A. Wheels and/or similar devices shall not be removed from recreational vehicles or park trailers, nor shall any fixture be added or barrier be placed which will prevent the recreational vehicle or park trailer from being moved under its own power or by a passenger vehicle. However, the `tongue "of a park trailer may be removed and fixtures may be placed around the foundation for aesthetic purposes. B. Skirting is permitted provided it can easily be removed and there are proper openings for ventilation. 9.185.250. Subdivision of Lots. Subdivision to create recreational vehicle lots for sale or long-term lease is permitted within Ownership/Membership recreational vehicle parks subject to all applicable codes. 9.185.260. Conflicts with Zoning District Requirements. Where the provisions of this Chapter are in conflict with any other provision of the Zoning Code, the provisions of this chapter shall govern. Where the provisions of the Chapter are silent on a matter, other provisions of the Zoning Code shall govern. Zoupdate-Reuchpark 185-8 9.200. GENERAL PERMITTING PROCEDURES C. Expiration. A development review permit shall expire and be of no further force or effect if: The permit is not established within 24 months of the permit's effective date or such other time period designated by the permit approval, by state law, or by this Code; or 2. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. D. Time Extensions. 1. Upon application before expiration of the period of validity, the original decision -making authority may grant an extension to the period of validity for up to one year if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision -making authority. 2. Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted. 9.200.090 Modifications by Applicant. A. Plan Modifications by Applicant. Plans modified at the initiative of the applicant from those approved by the decision -making authority may be submitted to the Director. B. Procedures. If the Director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision -making authority, and complies with the spirit and intent of the original approving action, the Director may approve the modified plan without further compliance with this Section. If the Director determines that the plan modification may result in a significant change in the project, the Director shall refer the change to the original decision - making authority. 9.200.100 Amendments to Development Review Permits. A. Content ofAmendments. Permit amendments are required for substantial revisions to conditions of approval, alterations to approved plans which are more substantial than the modifications provided for in Section 9.200.090 preceding, new or additional land uses, or similar major changes. I,oupdate-GenPermitting 200-6 9.200. GENERAL PERMITTING PROCEDURES B. Procedures. A development review permit may be amended any number of times by the approval of a subsequent application. All permit amendments shall be for the same parcel or property for which a development review permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the satire film fee required for an original apphcatiolul amendment. Amendments shall be processed in the same manner as an original application. 9.200.110 Public Hearings. A. Applicable State Law. Public hearings required for development review actions shall be carried out in accordance with the procedures set forth in this Section. It is intended that the provisions of this Section 9.200.110 shall be fully consistent and in full compliance with Section 65090 et seq of the state Government Code and that such provisions shall be so construed. B. Failure to Receive Notice. Pursuant to state Government Code Section 65093, the failure of any person to receive notice shall not constitute grounds for any court to invalidate the action of the decision -making authority. C. Conduct of Hearings. Public hearings shall be noticed in accordance with Subsection D of this Section and then held by the decision -making authority prior to action on the relevant application. At the public hearing, the decision -making authority may take action on the application, continue the application to a specified date, or take the application under submission. An application taken under submission may later be taken out of submission for the purpose of taking action on the application without scheduling a new public hearing provided no additional testimony is heard and no further evidence is presented. Further testimony may be heard and further evidence may be presented regarding an application taken under submission only if a new public hearing is held in compliance with this Section. D. Noticing Requirements. Not less than 20 calendar days prior to the hearing, for projects requiring an environmental assessment. Not less than 10 calendar days prior to the hearing, for projects not requiring environmental review. The City shall: 1. Mail or deliver a public notice, which includes the date, time and place of the hearing, the application number, the applicant's name, the location of the property affected, and a description of the land use, development, or other action proposed, to: a. The owner of the subject real property. b. The owner's authorized agent, if any. c. The project applicant. d. Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project. Loupdate-GenPermitting 200-7 9.210: DEVELOPMENT REVIEW PERMITS I. Amendments. Amendments to site development permits shall be processed pursuant to Section 9.200.100. J. Staff Certification of Construction Documents. Prior to issuance of a building permit, the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the site development permit. 9.210.020 Conditional Use Permits and Minor Use Permits. A. Purpose. The purpose of a conditional use permit or minor use permit is to provide for individual approval or denial of land uses requiring such permits under this Code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents, or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. For purposes of this Section, the term "use permit" includes both conditional use and minor use permits. B. Definitions. "Use permit" means a discretionary entitlement under the provisions of this Zoning Code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. 1. Conditional Use Permits. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, residents, or businesses; for example, kennels or animal shelters. 2. Minor Use Permits. Uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents, or businesses. In most cases, such uses are accessory to a main or principal use on the property; for example, a guest house on a lot containing a main residence. C. Applicability. A conditional use permit or a minor use permit is required for all land uses identified in this Code as requiring such permits. D. Decision -Making Authority. Conditional use permits shall be reviewed by the Planning Commission in conjunction with a public hearing held pursuant to Section 9.200.110. Minor use permits shall be processed administratively by the Community Development Director pursuant to Section 9.200.020. E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications, and conditions of approval shown on and/or attached to the permit at all times. F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of either a conditional use permit or a minor use permit: Zoupdate-GenPermitting 210-3 9.210: DEVELOPMENT REVIEW PERMITS 2. Consistency with Zoning Code. The use is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.120. H. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the use, as defined in Section 9.200.080, and/or may establish an expiration date on the use permit itself. Time extensions may be granted pursuant to Section 9.200.080. I. Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100. J. The use permit maybe modified or revoked by the City Council, or Planning Commission, should they determine that the proposed uses, or conditions, under which it is being operated, or maintained, is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated, or maintained, so as to constitute a public nuisance. 9.210.030 Variances. A. Purpose. The purpose of a variance permit is to provide for deviations from applicable standards of this Zoning Code such as the development standards set forth in Chapter 9.50 and 9.90. B. Applicability. A variance permit is required for any development which is not consistent with applicable site development standards or other regulations of this Code and which is not eligible for consideration as a minor adjustment pursuant to Section 9.210.040. C. Decision -Making Authority. Variances shall be reviewed by the Planning Commission in conjunction with a public hearing held pursuant to Section 9.200.110. D. Conditions of Approval. If a variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a variance permit constitutes a precise development plan. Therefore, any development or other activity authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of a variance permit: I.oupdate-GenPermitting 210-4 9.210: DEVELOPMENT REVIEW PERMITS F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of a variance permit: 1. Consistency with General Plan. The variance is consistent with the General Plan. 2. Consistency with Zoning Code. The variance is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. 5. Special Circumstances. There are special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. The special circumstances shall be specified in the adopted finding. 6. Preservation of Property Rights. The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property. 7. No Special Privileges. The variance permit's required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations. 8. No Land Use Variance. The approval does not authorize a land use or activity which is not permitted in the applicable zoning district. G. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the variance permit, as defined in Section 9.200.080. Time extensions may be granted pursuant to Section 9.200.080. H. Amendments. Amendments to variance permits shall be processed pursuant to Section 9.200.100. I. Staff Certification of Construction Documents. If development is provided for under the variance permit, prior to issuance of a building permit the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the variance. Loupdate-GenPermitting 210-5 9.210. DEVELOPMENT REVIEW PERMITS 9.210.040 Minor Adjustments. A. Purpose. The purpose of a minor adjustment permit is to provide for minor deviations from certain specific development standards set forth in this Code. B. Definition. Minor adjustments are deviations in standards which have little or no potential for adverse impacts on the surrounding community and which are reviewed administratively. C. Applicability. A minor adjustment permit may be approved only for deviations of up to ten percent of a numerical development standard (for example, a reduction of one foot from a ten -foot setback requirement) or for deviations specifically identified in this Code. Other deviations shall require consideration of a variance pursuant to Section 9.210.030. Only one setback adjustment per lot shall be allowed. Example -an adjustment of the front and rear yard shall not be approved. D. Decision -Making Authority. Minor adjustments shall be reviewed administratively by the Director pursuant to Section 9.200.020. unless combined with another application which requires discretionary review by the Planning Commission or City Council pursuant to Section 9.200.030. E. Conditions of Approval. If a minor adjustment is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. F. Precise Development Plan. Upon approval, a minor adjustment permit constitutes a precise development plan. Therefore, any development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. G. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of any minor adjustment permit: 1. Consistency with General Plan. The project is consistent with the General Plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. H. Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant to Section 9.200.120. I.oupdate-GenPermitting 210-6 9.210: DEVELOPMENT REVIEW PERMITS I. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the minor adjustment permit as defined in Section 9.200.080. Time extensions may be granted pursuant to Section 9.200.080. J. Amendments to Minor Adjustment Permits. Amendments to minor adjustments shall be processed pursuant to Section 9.200.100. K. Staff Certification of Construction Documents. Prior to issuance of a building permit, the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the adjustment. 9.210.050 Temporary Use Permits. A. Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents, and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment. B. Applicability. A temporary use permit is required for temporary uses permitted under this Code. C. Decision -Making Authority. Temporary use permits shall be reviewed administratively by the Director pursuant to Section 9.200.020. D. Conditions of Approval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a temporary use permit constitutes a precise development plan. Therefore, any use or development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been made if the Director determines that the standards set forth for such temporary uses in the applicable Section of this Code have been satisfied. 9.210.060 Home Occupation Permits. A. Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. Regulations for home occupations are set forth in Section 9.60.110. Loupdate-GenPermitting 210-7 CHAPTER 9.270: NONCONFORMITIES Sections: 9.270.010 Purpose ....................................... 270-1 9.270.020 Definitions ..................................... 270-1 9.270.030 Nonconforming Uses ............................. 270-2 9.270.040 Nonconforming Lots ............................ 270-3 9.270.050 Nonconforming Structures ....................... 270-3 9.270.060 Nonconforming Parking and Signs ................. 270-3 9.270.070 Plans Previously Approved ....................... 270-4 9.270.080 Illegal Uses and Structures ....................... 270-4 9.270.010 Purpose. The purpose of this Chapter is to promote the public health, safety, and general welfare by regulating land uses, lots, and structures which were lawfully established but which do not conform to the provisions of this Zoning Code. This Section is further intended to prevent the expansion of nonconforming uses and structures to the maximum extent feasible, to establish the criteria under which they may be continued, and to provide for the correction or removal of such nonconformities in an equitable and reasonable manner. 9.270.020 Definitions. For the purposes of this Chapter and this Code, certain words and terms shall be defined as follows: 1. Nonconformity: A land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this Zoning Code. The term nonconformity does not include illegal uses, lots, or structures which were not lawful when established or constructed. 2. Nonconforming Use: A land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. 3. Nonconforming Lot: A lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. 4. Nonconforming Structure: A structure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. 270-1 9.270: NONCONFORMITIES 5. Intensity: The level of development or activity associated with a land use, as measured by one or more of the following: a. The amount of parking required for the use per Chapter 9.150. b. The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics. c. The floor area occupied by the use. d. The percentage of the building site occupied by the use or by the structure containing the use. 9.270.030 Nonconforming Uses. A. Continuation of Nonconforming Use. A nonconforming use may be continued subject to the restrictions of this Section. B. Discontinued Nonconforming Uses. If the nonconforming use is discontinued for a period of one year, it shall not be reestablished and any new use of the premises shall conform to the applicable district regulations of this Code. C. Intensification of Nonconforming Uses. 1. A nonconforming nonresidential use shall not be increased in intensity. 2. A nonconforming residential use may be increased in intensity provided the intensification will not create or increase any nonconformity relating to setback, height, or any other development standard. (For example, a "granny flat" may be added to a single family detached dwelling in a district permitting only attached homes provided there is no new setback or other encroachment and all requirements pertaining to creation of second dwelling units are met.) D. Restoration of Nonconforming Use. A nonconforming use occupying a structure which is damaged or destroyed by fire, explosion, earthquake, or other disaster may be reestablished provided: Restoration of the structure will not create or increase any nonconformity relating to setback, height, or any other development standard; and 2. Application for a building permit is submitted within one year of the damage or destruction and construction is commenced and completed under that permit without any lapses of or extensions to the permit. E. Change of Ownership. Changes in ownership, tenancy, proprietorship, or management of a nonconforming use shall not affect its nonconforming status provided that the use or the intensity of use does not change. I.oupdate-nonconforming 270-2 9.270: NONCONFORMITIES 9.270.040 Nonconforming ]Lots. Legally established nonconforming lots may be developed and used in accordance with this Code provided all Code requirements other than those relating to the lot's conformity are met. 9.270.050 Nonconforming Structures. A. Continuation of Nonconforming Structure. A nonconforming structure may be continued and maintained subject to the restrictions of this Section. B. Maintenance and Repairs. Ordinary maintenance and repairs may be made to all nonconforming structures, such as painting, patching, window repair, reroofing, residing, replastering, and replacement of incidental nonstructural elements. C. Structural Alterations. Interior or exterior structural alterations may be made to nonconforming structures provided the alterations do not increase the degree or extent of the structure's nonconformity nor create any new nonconformities. D. Damage or Destruction. 1. Residential and Nonresidential Structures. A nonconforming nonresidential structure which is damaged or partially destroyed by fire, explosion, earthquake, or other disaster to the extent of 50 percent or more of the replacement cost of the structure, as determined by the Director, shall not be restored except in conformity with all development standards and other regulations of this Zoning Code. 2. Determination of Replacement Cost. In determining the replacement cost of a structure, the Director may utilize City building permit records, contractor estimates, assessed valuation, and any other information deemed by the Director to be reflective of replacement cost. : E. Safety of Structures. Nothing in this Section shall be construed to prevent the strengthening or restoration to a safe condition of any structure declared to be unsafe by an officer of the City charged with protecting the public safety upon order of such officer. 9.270.060 Nonconforming Parking and Signs. Refer to Section 9.150.100 for provisions regarding nonconforming parking and Section 9.160.110 for provisions regarding nonconforming signs. Zoupdate-nonconforming 270-3 9.270: NONCONFORMITIES 9.270.070 Plans Previously Approved. Uses, tentative subdivision lots, tentative parcel map lots, and structures approved prior to the effective date of this Zoning Code which are nonconforming under this Code may nevertheless be established, recorded, or constructed in accordance with approved plans or maps provided all other applicable laws and regulations are satisfied. 9.270.080 Illegal Uses and Structures. Nothing in this Chapter shall be construed so as to allow for the continuation of illegal land uses or structures, i.e. uses or structures which did not comply with the zoning ordinance(s) in effect when they were established. Such illegal uses or structures shall be subject to the enforcement provisions of The Municipal Code and shall be removed immediately. I,oupdate-nonconforming 270-4 9.280: DEFINITIONS Dwelling unit means one or more rooms, including a bathroom and kitchen, designed and used for occupancy by one family for living and sleeping purposes. Dwelling unit, second. See Second residential unit. Easement means a recorded right or interest in the land of another which entitles the holder thereof to some use, privilege or benefit in, on, over or under such land. Educational institution means a private or public elementary or secondary school, college or university qualified to give general academic instruction equivalent to the standards prescribed by the state board of education. Elevation means the vertical distance above sea level. Employee's quarters means quarters, with-er without cooking facilities, for the housing of domestic employees and located upon the same building site occupied by their employer. Enclosed means roofed and contained on all sides by walls which are pierced only by windows, vents or customary entrances and exits. Exception means a city -approved deviation from a development standard based on the following types of findings by the decision -making authority: (1) A general finding such as that notwithstanding the exception, the resulting project will still be consistent with the goals and/or policies underlying the development standard; and (2) One or more specific findings justifying the particular exception requested. Family means one or more persons occupying one dwelling unit. The word "family" includes the occupants of congregate living and residential care facilities, as defined herein, serving six or fewer persons which are permitted or licensed by the state. The word "family" does not include occupants of a fraternity, sorority, boardinghouse, lodging house, club or motel. Family day care home. See Child day care home. Flag. See sign definitions, Section 9.160.120. Flag lot or panhandle lot. See definitions under Lot. Flood means a general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused or precipitated by 280-9 Loupdate-Definitions 9.280. DEFINITIONS Grade, average finish means the elevation determined by averaging the highest and lowest elevations of a parcel, building site, or other defined area of land after final grading. Grade, finish means the ground elevation at any point after final grading. Grading means the filling, excavation or other movement of earth for any purpose. Granny flat or Granny housing means a secondary dwelling unit which is: (1) intended for the sole occupancy of one or two adult persons 62 years of age or over, and (2) located on a building site containing an existing single family detached dwelling. The floor area of an attached granny flat does not exceed 30 percent of the existing floor area of the primary single family residence and the floor area of a detached granny flat does not exceed 1200 square feet. (See also Second residential unit). Grazing means the act of pasturing livestock on growing grass or other growing herbage or on dead grass or other dead herbage existing in the place where grown as the principal sustenance of the livestock so grazed. Gross acreage means the land area, expressed in acres, within a parcel or group of contiguous parcels minus any right-of-way for arterial highways not including collector streets. Each acre so determined is a gross acre. Gross density. See Density. Gross floor area means the total square footage of all floors of a building, including the exterior unfinished wall structure but excluding courtyards and other outdoor areas. Gross lot or parcel area. See Lot area, gross. Ground floor area means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings, and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. Ground sign. See freestanding sign in sign definitions, Section 9.160.120. Guest house means an affaehed or a detached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building, an4 their non-paying guests, and domestic employees. Habitable area see Livable floor area. Habitable room means any room usable for living purposes, which includes working, sleeping, I,oupdate-Definitions 280-11 WIIN L. LI NEWKIRK ONE PRIMROSE COURT * RANCHO MIRAGE, CA. M70 Fax 760-324.918 * Home Phone 760-7704= * E Mail LANH412CAOL.COM March 21, 1998 The Planning Commision City Development Department City of La Quinta P. O. Box 1504 La Quinta, California, 92253 Dear Staff and Commissioners: Just a quick note to thank you. for the very beautiful framed resolution and picture presented to me at your meeting March 10. What a very pleasant surprise. My tenure on the Planning Commission was for only 3 years but was an experience I will never forget. I feel that this body is very valuable in keeping the great City of La Quinta moving in the right direction. Even though I have moved away from La Quinta, I still feel that our City is a prime location in our country and know with good control measures, it will remain that way. Rancho Mirage is not that far away and I do intend to keep in close contact with you all. Thank you again for this very nice surprise. Sincerely, E. L. Newkirk 04 CITY OF LA Q Ul-NIA PLANNING COMMISSION NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta Planning Commission will hold a PUBLK HEARING on May 12, 1998, at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78-495 Calli Tampico, on the following item: ITEM: SITE DEVELOPMENT PERMIT 98-620 APPLICANT: KSL DESERT RESORTS, INC. LOCATION: 78-752 AVENUE 52 (NORTH OF AVENUE 52 AND EAST OF CALLS RONDO) REQUEST: APPROVAL TO EXPAND THE EXISTING CITRUS COUNTRY CLUB GOLF COURSE MAINTENANCE FACILITY BY CONSTRUCTION OF A ONE STORY BUILDING (2,660 SQ. FT.) AND OTHER MINOR RELATED FACILITIES LEGAL: LOT #24 OF TRACT #24889 (APN: 769-120- 008) '�.o�oreea— i �y Citrus Country Club ; - 1°'�'°�T G�w,n avcui tc N Site Derelo nt Pe.mit 96-620 An Environmental Impact Report (EIR) was adopted for Specific Plan 85-006 (Oak Tree West) of whicl this project is a part. A Mitigated Negative Declaration jEA 98-356) has been prepared for this case an( is on file with the Community Development Department. The Planning Commission will conside certification of the Mitigated Negative Declaration along with the Site Development Permit. Any person may submit written comments on this case to the Community Development Department pric to the Hearing and/or may appear and be heard in support of or opposition to the project at the time c the Hearing. If you challenge the decision of this case in court, you may be limited to raising only those issues that you or someone else raised either at the Public Hearing or in written correspondence delivered to the Community Development Department at, or prior to, the Public Hearing. The propose, file(s) may be viewed by the public Monday through Friday 8:00 a.m. until 5:00 p.m. at the Communit Development Department, La Quinta Civic Center, 78495 Calle Tampico, La Quinta, California. The public comment period starts from the date of this notice and continues through the Public Hearing of May 12, 1998. In the City's efforts to comply with the requirements of Title II of the Americans With Disabilities Act c 1990, the Administration/Community Development Department requires that any person in need of an type of special equipment, assistance or accommodation(s) in order to communicate at a City publi meeting, must inform the Community Development Department a minimum of 72 hours prior to th scheduled meeting. PUBLISH ONCE ON APRIL 17, 1998 PAGREGlhnpcSDP98-620.wpd • CITY OF LA QU11`'TA PLANNING COMMISSION NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of La Quinta Planning Commission will hold a PUBLIC HEARING on April 14, 1998, at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78- 495 Calle Tampico, on the following items: ITEM: REPEAL OF SPECIFIC PLAN 87-009; VILLAGE AT LA QUINTA ZONING CODE AMENDMENT 98-060 CHANGE OF ZONE 98-085 APPLICANT: CITY OF LA QUINTA LOCATION: THE AREA IS GENERALLY BOUNDED BY EISENHOWER DRIVE, 52ND AVENUE, DESERT CLUB DRIVE AND THE LA QUINTA EVACUATION CHANNEL ACTION: TO REPEAL THE VILLAGE AT LA QUINTA SPECIFIC PLAN, REPLACING IT WITH DESIGN REVIEW GUIDELINES. A NEW PROPOSED "VILLAGE COMMERCIAL" ZONING TEXT, AND ELIMINATION OF THE "VILLAGE RESIDENTIAL" AND MAPPING, WILL BE DESIGNATED WITHIN AND EAST OF THE BOUNDARY. THE "VILLAGE RESIDENTIAL" AREA, EAST OF DESERT CLUB DRIVE, IS PROPOSED FOR REZONING TO LOW DENSITY RESIDENTIAL. The La Quinta Community Development Department has completed Environmental Assessment 98-353. Based on that assessment, the proposed project will have no significant environmental impacts, and a Negative Declaration shall be prepared. The La Quinta Planning Commission will consider a recommendation to the City Council on this determination, aVong with the proposed action. Any person may submit written comments on this case to the Community Development Department prior to the Hearing and/or may appear and be heard in support of or opposition to the project at the Hearing. If you challenge the decision on this proposal in court, you may be limited to raising only those issues that you or someone else raised at the Hearing, or in prior written comments. The project information may be viewed Monday through Friday, 8:00 a.m. until 5:00 p.m., at the Community Development Department, La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California. In the City's efforts to comply with the requirements of Title II of the Americans With Disabilities Act Of. 1990, the Administration/Community Development Department requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk/Community Development Department a minimum of 72 hours prior to the scheduled meeting. --------------------------------------- PUBLISH ONCE ON MARCH 24, 1998 - 1 /8 PAGE DISPLAY AD DRAFT #2 - 3/30/98 CHAPTER 9.65: VILLAGE COMMERCIAL DISTRICT Sections: 9.65.010 Introduction 9.65.020 Permitted Uses 9.65.030 General Development Standards 9.65.040 Design and Development Criteria 9.65.050 Design Review Process 9.65.010 Introduction A. Role of The Village at La Quinta Design Guidelines - The provisions of this Chapter, regulating uses and structures within The Village at La Quinta area, are intended to be consistent with the concepts and guidance set forth in The Village at La Quinta Design Guidelines (Guidelines). Land uses and development proposed in The Village area shall be designed and evaluated in conjunction with those Guidelines. This Chapter and applicable provisions of the Zoning Code shall dictate the administrative framework within which the Guidelines shall be interpreted and implemented. B. Purpose of Design and Development - The following purpose statements reflect the general design concepts envisioned by the Guidelines, as adopted by the La Quinta City Council and as may be subsequently amended. 1. Develop The Village area as a year-round commercial, residential and recreational location, serving residents and guests of the greater La Quinta community. Wt r ^:% c* C:\Wrkgrp\VSPdocs\VCdistrev.wpd. l 2. Guide development to establish The Village at La Quinta as a significant recreational node in the City, with a focus on attracting visitors into the area through the promotion of tourist commercial uses, events, and design of both structural and outdoor spaces which will afford a sense of place to The Village. 3. Promote development projects and activities which will provide goods, services and housing in a design environment that supportive of the thematic concepts set out in the Guidelines: promoting pedestrian accessibility and scale, maintaining connections to La Quinta's artistic and architectural heritage, and guiding design to acknowledge and embrace the desert environment. 9.65.020 Permitted Uses A. Purpose and Intent - Permitted uses in the VC Zoning District are intended to allow the location of goods, services and housing within a reasonable proximity of residential and other outlying areas from The Village. These uses have been determined as being essential to the economic and physical development of The Village, and furthering the type of design environment envisioned by the Guidelines. This will be achieved through a complement of uses which will combine essential day-to-day neighborhood goods and services, tourism and visitor -based retail and entertainment opportunities, and facilities necessary to the operational demands of such uses. Uses permitted in the VC District set forth a broad categorical list of uses and the respective permitting procedures. B. The following uses are permitted in the VC Zoning District, pursuant to the procedures set forth in Section 9.65.050. Where a determination on a particular use is necessary, it shall be made pursuant to Section 9.65.050.C. CAWrkgrp\VSPdocs\VCdistrev.wpd 2 1. Single and multi -family attached dwellings as a secondary use to a mixed -use retail/office/residential project. Such uses include town homes, condominiums, apartments and similar housing types. Residential density shall be determined on a site specific basis, based on the development capacity for the proposed project uses on the site. The ultimate decision on density shall rest with the Planning Commission, based upon a recommendation by the Community Development Director. 2. Commercial guest lodging (including bed and breakfast) and associated uses, such as retail shops, restaurants and conference rooms. 3. Indoor or outdoor professional art studios, displays and/or galleries, for all artistic endeavors and production, to include dance, painting, sculpting, ceramics, jewelry, glass blowing, photography, hand -made furniture, stone cutting, and similar activities. No manufacturing and assembly is permitted, but there may be sales, presentations and displays or demonstrations to the public. 4. Professional service offices providing limited sales, such as medical, dental, veterinary clinic, dietician, optician, catering with no on -site production, attorney, real estate, banking, mortgage broker, social and community service offices, property management, financial services, beautician, barber, reproduction service, tailor, cleaners and laundry, postal services, services such as shoe, watch, jewelry and bicycle repair, and similar uses. Offices with large scale service aspects, such as limousine and auto rental services, are permitted provided no vehicles are stored in the District. Uses such as construction management offices are permitted provided construction materials and job equipment are not kept on premise. 5. Prepared food service for on -site consumption and/or carry -out, such as fast-food restaurants, delicatessen, tea, coffee and ice cream shops, pizzerias, and similar uses. Drive-in and drive -through uses are prohibited. Such uses generally do not have any rCAWrkgrp\VSPdocs\VCdistrev.wpd 3 I. live or other entertainment, or alcoholic beverage sales, associated with them, but this is permissible, provided alcohol sales are for on -site consumption only. 6. Prepared food sold specifically for on -site consumption, with indoor/outdoor seating. Such uses typically include alcohol sales for on -site consumption only, and may include one or more of the following: live, recorded or other entertainment in or outdoors such as music and/or dancing, karaoke, arcade games, pool, billiard or shuffleboard tables, etc. Such uses include fine dining and other low to medium turnover restaurants; cocktail lounges, dinner clubs, sports bar/lounge, bar/grill, night clubs and similar uses. 7. Public indoor assembly and entertainment facilities, such as auditoriums, theaters and dinner theaters, conference center, gymnasium facilities, concert halls and related uses. 8. Indoor facilities for education, training, self-help and improvement, hobbies, or vocational purposes, both public and private. These may be located in any facility which can accommodate the use, such as ability to meet occupancy requirements, etc. 9. Indoor/outdoor cultural, historic and similar displays and galleries for all types of artifacts and/or artistic media, such as museums, auction houses and consignment rooms. Such uses may include sale of display art pieces. 10. Retail merchandise sales of limited goods (goods that can be carried out and hauled by the customer), such as antiques, appliances, bicycles, wholesale and/or retail foods, newspaper and magazines, tobacco products, kitchen and bath shops, video and audio equipment, clothing, pets and pet supplies, office equipment and supplies, party and /or costume rentals, sporting goods, home furnishings, hardware and home improvement, and other related uses. C AWrkgcp\VSPdocs\VCdistrev.wpd 4 Examples of the typical land uses in each category as identified in this Section are not to be considered as encompassing all of the use types contemplated as permissible in the District. Ultimate determination on any proposed use shall be made in writing by the Community Development Director, pursuant to Section 9.65.050.C. 9.65.030 General Development Standards A. Purpose and Intent - This Section outlines the basic development standards to be adhered to in the VC Zoning District. These relate primarily to the performance standards commonly associated with typical zoning enforcement, such as parking, setbacks, and height limits. However, due to the difficulties encountered in past attempts to develop Village area properties, many of the typical development standards promulgated by traditional zoning need to be more flexible, or less rigidly interpreted, in order to achieve the development and design goals set forth in the Guidelines. This Section attempts to provide standards which will allow a "range of compliance" to be established, primarily through design review, within which a development project can achieve aesthetic design goals while maintaining and even augmenting the more functional aspects usually regulated by zoning standards. To that end, This District is to be considered as stand-alone, in that application of the overall Zoning Code to Village area projects shall be done through a design review process that prioritizes the Guideline concepts and the VC Zoning District above the standards of the applicable Zoning Code standards. In essence, the overall Zoning Code development standards as they apply to Village projects must be consistent with the Guidelines and the VC Zoning District. l . Minimum Lot Size. There is no minimum lot size in the VC District due to the wide range of existing parcel sizes. It is strongly advised that smaller parcels be combined whenever possible to allow more site and use flexibility. tq -fag �4A CAWrkgrp\VSPdoes\VCdistrev.wpd 5 2. Setbacks. Setback criteria shall generally be determined based on the existing site conditions and surroundings, in conjunction with the Guidelines and the proposed project characteristics. a. Along La Fonda and Calle Estado, between Avenida Bermudas and Desert Club Drive, a minimum of 10 feet must be provided from property lines fronting on those streets and at their intersections, to allow for pedestrian access along commercial frontages. b. Setbacks along side and rear property lines are not required; however, any setback provided must be made wide or deep enough to be usable space, such as for pedestrian access to side -loading commercial space, stairwells, or through -access between front and rear of the building(s), as may be determined during the design review process. C. Arcades, trellises, awnings and similar architectural treatments are generally exempt from setback requirements, but must be designed to accentuate a pedestrian atmosphere, the proposed use(s), and the project architecture. Setbacks may be imposed on a site -specific basis pursuant to the design review process. d. Upper floors of buildings should be designed to be set behind the immediately lower floor, to achieve a terraced effect. This reduces the appearance of mass to the structure, allows for upper floor outdoor areas and walkways, and enhances pedestrian scale. e. Projects with any retail commercial components shall maintain a minimum 10 foot landscaped setback from any RVL, RL or RMH zoned properties. CAWrk \VSPdocs\VCdistrev. d 6 7 d� 1 3. Heights Building height shall generally be limited to 35 feet, or three (3) stories, for main building mass, but will be determined on a site -specific basis. Features determined to be aesthetic in nature and not a key element of the main building design function may be allowed to exceed the overall building height, as determined during the development review process. 4. Parking Parking area requirements for permitted uses shall generally be determined by staff as set forth in Chapter 9.150 of the Zoning Code, with the following considerations for number of required spaces: a. All projects shall provide on -site parking within a 30% range of the required number of spaces, based on the requirements of Chapter 9.150, Parking. If this standard cannot be met for any reason, applicants for development projects may submit an alternative parking scenario pursuant to Section 9.65.050. b. Legally established on -street parking spaces are permitted to be considered in meeting the total space count requirement as part of the staff determination, or an applicant's alternative proposal. The spaces must front directly adjacent to the linear footage of the applicant's property, and shall not be included in determination of the 30% range criteria. C. All other parking regulations shall be applicable, such as space and aisle dimensions, location of parking areas, etc. However, in the VC Zoning District, variations to parking standards can be approved as part of a formal application under the design review process, provided site specific findings can be made in the project approval. CAWrkgrp\VSPdocs\VCdistrev.wpd 7 V `" 4, 5. Landscaping Project landscaping shall be provided, consistent with the Guidelines and existing City policies, and shall be subject to the design review process. 6. Screening. Project parking service area and trash enclosure screening shall be provided, consistent with the Guidelines and existing City policies, and shall be subject to the design review process. 7. Lighting. Project landscape, parking, building and pedestrian lighting shall be provided consistent with the Guidelines, and shall be subject to the design review process. 8. Special Sign Allowances. For historic structures in the Village area, it is determined that in order to preserve the greater aesthetic benefits of such structures, strict compliance with sign requirements as set forth in Chapter 9.160 can be detrimental to the City's historic preservation effort. As such, designated historic structures are considered exempt from the regulations set forth in Chapter 9.160, with the exception that any signs proposed shall be subject to obtaining an approved sign program through the Certificate of Appropriateness process for historic buildings and structures. 9.65.040 Design and Development Criteria A. Village at La Quinta Design Guidelines as Controlling Document. The criteria contained in The Village at La Quinta Design Guidelines shall govern as guidance to staff and developers in preparing and reviewing project proposals for The Village area. As such, they are hereby incorporated by reference into the VC Zoning District, along with any subsequent amendments thereto. B. The Planning Commission and City Council shall have the authority to recommend CAWrkSAP\VSPdocs\VCdistrev. Pd 8 and/or approve all proposed or staff -recommended variations to design and development standards of the Zoning Code associated with design review of any Village area project. 9.65.050 Design Review Process A. Purpose and Intent. This Section is intended to provide for specific design review procedures for uses and projects proposed in The Village area. B. Preliminary Development Plans. Any potential project applicant in The Village area has the option to file a Preliminary Development Plan (PDP) to ascertain anticipated conditions, requirements and costs associated with a proposal. This allows the applicant to be informed of any potentially significant issues which may affect any decision to pursue the project. There shall be no fees charged to any applicant who wishes to utilize this process, which offers the following advantages: 1. Provides a comprehensive overview of City applications, fees, and other requirements necessary to obtain project approval, in writing. 2. Provides previous project background which can speed up the formal approval process when the project is submitted. 3. The written information can be used as the basis for an estimate of project costs, in order to determine a project's viability. Submittal for this process consists of five (5) sets of a site plan, floor plan and four - point elevations, in conceptual format, and a brief, written project overview which should list the site location, assessors number, acreage, etc. Within thirty (30) calendar days of receipt of a Preliminary Development Plan application, a review letter shall be issued to the applicant, incorporating all comments CAWrkgrp\VSPdocs\VCdistrev.wpd 9 ' received during the review period. C. Interpretations on Permitted Uses. Where it is unclear as to whether a use is permitted, a request for an interpretation of the use in question may be made, in writing, to the Community Development Director. Within ten (10) calendar days of receipt of a such a request, the Director shall either render a decision on the request or inform the inquiring party of deferral of his decision to the Planning Commission. A written decision to defer to the Planning Commission shall specify the earliest available Planning Commission meeting for the decision to be considered, to be no later than 30 calendar days from the date of the Director's notice of deferral. A decision by the Director or Planning Commission may be appealed pursuant to Section 9.20.040. D. Review of Permitted Uses. All permitted, accessory and conditional uses shall be reviewed in accordance with the procedures outlined in Chapters 9.200 and 9.210, as applicable to the subject use provisions. CAWrkgrp\VSPdocs\VCdistrev.wpd 10 iiii1111ui1■ it i AV A r r —Ifs—Sly -ffjA ffis —1-11-ILI City of La Ow" Cdfmo fnL r - & R 1 Nlardt 2& M 0 0 ff�f76Y1S I. INTRODUCTION 1 I.A OVERVIEW 2 I.B GOALS AND GUIDING PRINCIPLES 4 I.0 DESIGN GUIDELINE ORGANIZATION 8 Il. VILLAGE AT LA QUINTA DESIGN GUIDELINES 10 II.A. LAND USE 10 II.B. CIRCULATION CONSIDERATIONS 12 1. Vehicle Traffic and Parking 12 2. Pedestrian Movement 15 II.C. SITE AND BUILDING DESIGN 16 1. Building Character 16 2. Site Design and Activity Space 18 II.D. ACCESSORY PROVISIONS 20 1. Temporary Uses 20 2. Streetscape 21 3. Signing 22 4. Lighting/Landscaping 23 REFERENCES 25 APPENDIX - 26 FMICE These guidelines have been developed in response to numerous concerns regarding the development requirements and standards which have been applied to proposed projects in The Village at La Quinta area. The lack of development in The Village area does not hinge on any one variable, but on several factors such as inefficient circulation and land use patterns, the funding, upgrading and installation of key infrastructure improvements such as streets, sewer and water lines, lighting, sidewalks, etc. and the establishment of flexible design and development standards to implement the intended concept of The Village at La Quinta. These Guidelines are not intended nor should they be construed to be a "cure all" for the problems which exist in The Village area, some of which cannot be changed or are outside the control of a document such as this. The challenge lies in the ability to focus on the positive aspects of a detrimental condition to create a mutual advantage. For example, the physical location of The Village alone plays a large part in explaining the lack of commercial development interest, due to its lack of exposure to any major transportation corridors and the minimal pedestrian and vehicular traffic resulting from this. However, it is exclusively due to it's location and these conditions that make the area's setting arguably one of the most serene and scenic in the entire Coachella Valley. Therein lies the true purpose of these Guidelines; to focus on the positive aspects of The Village area and use them to guide development proposals and activities which will create and enhance The Village concept as it is envisioned for the area. itIiIuIIININ w INTRODUCTION his document was created primarily to provide a more flexible approach to regulating development in The illage area. Although this may not have a gnificant impact on attracting evelopment, it will provide an opportunity those with plans for their property to ike advantage of what is intended to be a rocess that will involve significantly more esign flexibility. Vhen looking at The Village area, two of ie most pressing and difficult problems to eal with are the poor subdivision layout, -nail parcel sizes and the existing irregular treet patterns in the area. There are a iyriad of lot sizes and configurations, ihich make it difficult to apply some of the lost basic zoning standards, such as etback, parking and lot coverage equirements. In addition, many aspects of he circulation system create unnecessary ind unsafe jogs, intersections and access ituations which are not conducive to ypical property development requirements. However, design solutions ipplied to each site proposed for ievelopment in The Village can help nitigate some of the past land planning )ractices in the area. These design guidelines are intended to affer flexibility in the design review process For projects located in The Village at La Quinta. They are not meant to be strictly interpreted or all encompassing for every project or situation. They are to be used by developers and City staff to assess a project's merits in relation to the concepts proposed. It is hoped that this broad -based approach to development in The Village will stimulate alternative design thought by eliminating the perceived rigidity of the previous Specific Plan for The Village area. LA. Overview he City, over the years, has continuously embraced the Village concept as its vision for the ultimate build out of the area, but very little construction activity has resulted based on this approach. Since the Village at La Quinta Specific Plan adoption in February, 1988, the City has approved only two new projects in The Village area (Anchovy's Pizza and Bogan Villas) totaling approximately 8,300 square feet. Events such as the La Quinta Arts and ]azz Festivals and Main Street Marketplace have continued to be successful, and could be perceived as a useful marketing tool in promoting the Village, but because these events are too few and far between they are unlikely to make any significant impact in promoting economic development in the area. Of more immediate concern is that the area has recently lost Mario's Restaurant, La Quinta Village Antiques, and may lose the La Quinta Arts Festival as an attraction in the next few years. The term "downtown village" is, in part, a dichotomy. On the one hand, a downtown vokes an image of established, higher itensity retail and services concentrated in well-defined area with an identifiable oundary. A village may share similar omponents and objectives, such as rovision of goods and services and a efined, identifiable area, but will likely go irther in terms of specialized uses, goods nd services available and development of n identity that is more focused than a ypicai downtown. Where the village oncept is markedly different from that of downtown is in the intensity of its ihysical, economic and social aspects. A iowntown provides a general range of ;ommerciai goods and services, and is raveled to specifically to procure those tems, whereas a village might be an area :hat provides fewer but more specialized ises, with a focus on becoming more of a iestination shopping and leisure point than i "get -in, get -out" shopping district. Simply put, a downtown might be seen as `need -driven", while a village might be more "desire -driven" The basic premise is that the community must determine the proper balance of its desires and needs based upon what it can realistically achieve in the area. Over the past several years, there have been numerous discussions on many different levels, involving City Council, City staff, residents, property owners, realtors and business interests, regarding development potential in The Village and what the area identity should be. The common theme continues be one of a village -oriented area that will maintain the quiet seclusion of the mountain surroundings and the friendly atmosphere, while encouraging business development within that context. 1. B. Goals and Guiding Principles hese Guidelines are offered to allow more flexible interpretation of the development principles set forth in the previous Specific Plan for The Village. They provide a less restrictive context by offering broad goals and objectives, which will allow new development projects to be considered in an environment that will foster alternative ideas and designs which might be precluded by typical master plan processes. From an economic development perspective, "development" does not necessarily mean physical building projects. It is believed that an important part of business attraction is the amount of exposure to available market population. The goal of balanced development for The Village area provides a difficult challenge: how to attract tourism -based retail to an area with minimal foot traffic, and a supporting population in the Cove that would dictate more neighborhood -bases goods and services. The following goals and guiding principle; are applicable to The Village area in it entirety. The original Village concept ha not changed much from what it i R £_.,,• r A nvisioned today. These goals and rinciples serve primarily as an updated pproach to act as a foundation for reation of the Guidelines as set forth in his document. They are intended to be onsistent with each other and with those if the General Plan. ;QAL: Establish The Village at La Quinta as a mixed --use area, providing a wide range of residential and commercial opportunities. ANhat kind of market audience does The ✓illage area actually lend itself to, and how extensive a market is necessary to -ealistically support it? When looking only it uses relating to arts and crafts, it is apparent that such uses will not support a ►ignificant market share on their own; >everai compatible use categories, such as -etaii, service and hospitality/tourism- ariented uses need to be developed in conjunction. Principle - Permit a variety of commercial, residential and lodging uses, which will promote and serve The Village area while allowing private forces to dictate the extent of market availability for various uses in the area. Principle - Development within The Village area shall be facilitated based on real market opportunities and constraints, in conjunction with stated goals and objectives for the area. GOAL; Promote the thematic qualities associated with a Village environment. It may be best to approach development of the Village in small, incremental steps, establishing reasonable objectives based on a recognition of available resources, viable markets and a basic historical perspective of common community values and perceptions for the area. Recent proposals for the historic Kiener building at Frances Hack Park (Village Park) are the best representations of the originally envisioned Village concept. Principle - Encourage more events in The Village area, and focus on expanding events such as Mainstreet Marketplace, in order to give The Village area more exposure to Coachella Valley residents and tourists. Principle - Emphasize and promote the historic resources associated with The Village, such as the La Quinta Historical Society Museum, and encourage their inclusion with The Village design identity. GOAL; Promote the presence ana awareness of artistic ana cultural influences in The Village environment. The La Quinta Arts, Wine and )az, Festivals, Oktoberfest, Mainstree, Marketplace and other significant event continue to return to the area. The Citp, should do its part to augment the succes f these events, and hopefully attract more f them, along with additional support ses. 'rinciple - Focus more efforts of the Arts i Public Places Program into The Village rea. 'rinciple - Encourage public and private ►pen spaces which can accommodate irtistic displays, shows, and similar events. 30AL; Create a sense of design, scale and place that will lend itself to The Village environment. One such method will likely involve Facilitating better parking alternatives, 3edestrian accommodation, and streetscape end other improvements to areas like Frances Hack Park, Avenida La Fonda and Calle Estado. The provision of such improvements need not be expensive, as they can be implemented on an interim basis pending area development. Obviously, building and site design aspects are also critical. Principle - Encourage public and private open spaces which can accommodate artistic displays, shows, and similar events. Principle - Provide for active and passive pedestrian space, street furniture, traffic calming techniques and similar methods to enhance the concept of a Village environment. Principle - Prepare building, architecture and site design guidelines which promote The Village concept and allow flexibility in project proposals and staff direction to applicants in achieving a sense of that concept. This document provides guidelines which follow these broad goal statements, narrowing the focus to encompass significant aspects of design without mandating stringent standards and criteria which, in many cases, are better left to the design professionals closest to a given project's details. If those details further the overall goals of the project itself and The Village area in general, then the criteria of judgement must remain flexible to allow that process to occur. Design Guideline Organization hese Design Guidelines are essentially quite simple. They have not been prepared based on detailed marketing studies, parcel size and configuration analyses, traffic or parking studies, land use distribution analysis, etc. They are not intended to solve all of the inherent problems in The Village which we are all too familiar with by now. Subdivision layout problems cannot N addressed due to the excessive number o individually -owned parcels. Infrastructure needs require funding that is unavailable and outside of this document's purview 4 These Guidelines, along with the VC zoning district prepared to implement :hem, are intended to provide significantly ncreased ability to utilize alternative design and zoning criteria not commonly permitted under traditional development criteria. It is hoped that the essential components of these Guidelines will make this a usable, working document that can allow development without sacrificing the quality environment that everyone wants The Village to be. The Village at La Quinta Design Guidelines were created based on the goal and policy statements of the La Quinta General Plan and objectives for The Village at La Quinta Specific Plan. These documents provided the foundation for establishing revised and updated policies for inclusion into this document. The Guidelines are organized on a straightforward, informal basis. They address several factors relating to development and activities in The Village, based on the general goals and principles outlined previously. Each of these factors, such as land use, circulation, site design, etc., are addressed with broad -based but clear and concise guidance policies, which are intended to provide suggestive approaches for developers and staff reviewers alike. They are not to be taken in the context of zoning code standards, but they are to be considered in any project design or other proposed activity in The Village area. The Village Commercial zoning district provides development standards based on these policies, and are also created to allow flexibility in regard to applying project development standards. I I. VILLAGE DESIGN GUIDELINES he basic intent of the Village at La Quinta Design Guidelines is to establish broad parameters for building design and/or renovation, landscaping, signing, pedestrian and vehicular traffic areas, and other features necessary to encourage the orderly appearance of structures and property, Through application of these Guidelines, viable Village district will hopefully bE created which will be aesthetically pleasing, attractive to residents, shoppers anc tourists alike, and provide pedestrian traffic separation from automobile traffic. H.A. LAND USE These Land Use Guidelines have bees developed based on La Quinta Genera Plan policies and from The Village at L Quinta Specific Plan. • The Village area covered by thes Guidelines shall be the same a that provided for in the Village La Quinta Specific Plan, a shown on the area map in thi document. 'a R Am' WK- N 4I r Village land uses should include a diverse mix of retail, office and residential at varying densities and scale. Land uses in The Village shall include residential mixes, at densities as set forth by the General Plan. In general, residential uses should locate above commercial in common buildings. • Mixed -use development projects • Uses of vacant or developed lands in The Village, for special events and other similar activities, will be encouraged. it Village land use patterns will be encouraged to reflect a sensitivity to the overall accommodation of pedestrian activity. • Compact groupings of shops, offices and other uses are encouraged so as to promote pedestrian mobility and space. are defined as commercial and Attached as the Appendix to these residential uses as part of one Guidelines are excerpts from various project site or building. design documents, which visually represent Retail mixed -use projects may some of the concepts referred to. • exceed any applicable floor/area ratio (F.A.R.) or lot coverage II•B• CIRCULATION standards, in favor of the residential component. The CONSIDERATIONS intensity of the commercial component need not be reduced. Many circulation issues can be directly This shall be determined on a site related to street improvements and desigr specific basis. criteria that cannot be addressed in generalized planning guidance document, • Multi -story commercial However, there are many aspects of sit( retail/office projects should design that can impact circulation pattern: generally locate office uses on and can be addressed to a certain degree. upper floors, but will be reviewed on a site -specific basis. 1, Vehicle Traffic • Land uses which encourage and Parking entertainment, artistic displays and other interactive components The feasibility of vacating poor/k, as part of the primary use are designed, unnecessary ani desirable. unsafe street and alley rights-ol way, etc. should be investigateo -11- -12- especially relating to reuse as pedestrian and/or bike access, providing on -street parking, etc. Right-of-way abandonment and merger of lots should be encouraged and accommodated where logical and feasible. It is desirable to create larger blocks and parcels for siting commercial and mixed -use projects, and such actions taken for traffic purposes may also have this benefit. Both City and private stree tscape projects should equally consider the pedestrian and bicycle in any street improvement and site planning. Streetscape items such as lighting, benches, bus stops and shelters, trash receptacles, bicycle racks, etc., should be addressed by all private and public development projects. • Alleys used for vehicles should be designated one-way to reduce traffic conflicts from adjacent parking areas, deliveries and through traffic. • Rights -of -way for Calle Estado and Avenida La Fonda, between Desert Club and Bermudas, should be investigated for reduction and redesign of medians, curbs and sidewalks to allow better pedestrian movement and on -street parking design. • Access driveways and intersection configurations such as those existing at the intersection of Calle Estado and Avenida Bermudas, shall be discouraged. • The City should establish design standards for special sidewalk and pedestrian street crossing treatments and materials. • All development projects, public and private, shall investigate the use of various traffic calming and pedestrian enhancement techniques, such as traffic chokers, curb bulbs, partial or full street closures, traffic circles, etc. as alternatives in developing all project improvements in The Village. • Off-street parking areas should be located to the rear and sides of buildings, to allow integrated shared parking areas between structures and open up the street frontage to pedestrian access and outdoor activities. Parking areas should be clustered whenever possible. • Where feasible and appropriate, on -street parking may be creditec toward meeting off-street parkinc requirements. J ! / Lj"A ,a.' % Y 2. Pedestrian Movement Public and private projects should provide a clear delineation of all pedestrian circulation areas. Adequate shading for pedestrians along street frontages as well as interior project areas should be provided. Pedestrian focal points, such as community gardens, plazas, courtyards, piazzas, etc., should be provided in public and private projects where deemed appropriate. Consideration should be given to existing surroundings and the project relationship to the overall circulation in the vicinity. • Paving accents, interlocking stones/tiles, and other materials and patterns should be employed in all Village projects so as to define pedestrian zones and spaces, and maintain separation from vehicle traffic. Building frontages along streets require adequate space for pedestrian movement, street furnishings and outdoor spaces, but should also maintain a close proximity to pedestrian travel. • Buildings should be designed wits appropriate architectural variatioi should be and detailing to break ui public and monotonous building elevations private development projects. Linking shall consider the existing pedestrian environment and provide for future access potential. • The City should consider linking pedestrian areas created by private and public projects into a Village -wide system, once development activity demonstrates the potential need. Attached as the appendix to these Guidelines are excerpts from various design documents, which visually represent some of the concepts referred to. H.C. SITE AND BUILDING DESIGN The main focus of the site and building design portions of these Guidelines is tc promote the element of human scale, consistent with the objective of creating pedestrian environment in The Village. ways. Pedestrian links incorporated in all 1. Building Character • Building mass should be reflective of the streetscape and/o surrounding structures. Treatments such as graduated heights, balconies, recessed and extended building sections, staggered setbacks, etc. should be employed. Emphasis should be placed on continuity of scale and massing when evaluating new development, rather than colors, materials and architectural style. However, opposing architectural themes should not be permitted. Buildings located on corners should attempt to orient pedestrian entryways to the corner, providing an opportunity for a small entry court or plaza, water feature location, etc. This also allows for better intersection visibility. Architectural style should not be dictated, but allowed to frame itself against the existing physical environment, and create it's own vision of The Village within the context of these Guidelines. Retail buildings along street frontages should be close to the street and sidewalk areas to promote window shopping and streetside activity. Commercial buildings should be enhanced with various architectural elements such as arcades, trellises, porches, bays, towers and balconies, with the intent of promoting the pedestrian environment. • Buildings should incorporate design elements that draw in pedestrians and reinforce street activities, especially along streets such as Calle Estado and Avenida La Fonda. • Variations in floor levels, steps and stairs, building faces, roof forms and other treatments that help create the appearance of a smaller project are encouraged. • Building heights should graduaNy transition between each other. Heights should be greater in the La Fonda/Calle Estado area and decrease moving away from that area. In order to preserve mountain views and the intrinsic qualities of The Village environment, building height should generally not exceed 3 stories. 2. Site Design and Activity Space As an area that promotes outdoor activities, proper design of outdoor spaces is essential to The Village. These spaces must provide for both passive and active outdoor needs, from sitting quietly to accommodating an art display or outdoor musical performance. While use of these spaces are not intended to be on any large scale, the need for versatile and usable )utdoor space is central to The Village )eing perceived as a "Desert Oasis". Building setbacks should be minimized to allow focusing more open area toward courtyards and other types of pedestrian and passive open space Layout of building sites in The Village should consider movement of pedestrians as significant as the movement of vehicles. Is Adjacent retail and mixed -use projects should consider use of pedestrian alleys, which can be used to lure pedestrians to interior shop areas, plazas, courtyards, restaurants, etc. These can be used effectively to create a desire to explore a given space, drawing pedestrians to different activity areas. • The site layout for any project shall demonstrate adequate capacity for the use envisioned (e.g., an outdoor cafe will require greater streetside setback than a typical retail store); otherwise the use should not be allowed. • In keeping with the vernacular of a "desert oasis",, water features consistent with the desert environment should be incorporated into projects where appropriate. Dw ....-.. • Private projects will be required to participate in the Arts in Public Places Program. Public projects should also participate through the Program by incorporating artistic components into streetscape and similar public projects. • Structures should be sited to create internal spaces, with pedestrian access available from the street or off-street parking areas. • Entries into shops and offices should access directly to a pedestrian oriented street or other pedestrian access; single access multiple tenant buildings should be discouraged. D. ACCESSORY PROVISIONS There are several less significant yet no les, important areas of concern which shoulc be addressed by some general guidelines. 1. Temporary Uses During development activity in The Village there will be many instances where temporary uses of land and structures wi be necessary. There will also be temporar events which will require such temporar uses. Implementation of interim measures which are intended to implement these Guidelines should not be subject to strict review procedures. • Temporary events and uses associated with promotion of The Village should be encouraged through incentives or other appropriate means. 2. Streetscape • Public and private development projects should encourage and facilitate provision of street furnishings, such as bicycle racks, trash receptacles, benches, drinking fountains and similar items. • The City should investigate the feasibility of providing small community garden settings in key areas of The Village, which could provide passive public open areas and public art locations. • Street furniture should be appropriately sited and should not obstruct or block pedestrian travel, or interfere with sidewalk businesses. • The City should investigate establishing a streetside banner mast program, to be used for announcing and defining the area for special events such as Mainstreet Marketplace. These masts could possibly also be leased as advertising space. Street lighting posts could be used as the banner masts. • The City should direct the Chamber of Commerce to assess the formation of a Downtown Business Association, which would address issues such as a business improvement district, attraction, retention and other assistance efforts. 3. Signing • Building signs should be designed as an integral feature of the buildings they relate to, and be in good scale and proportion to the structures. • Architectural features which incorporate sign copy, such as ar awning with the business name, should not be considered subject to sign requirements as long as the building's scale and desigr are not compromised. • Signs and other advertisinc displays which convey an active appearance to The Village, sucl as banners and similar displays should be encouraged. 4. Lighting/ Landscaping • Lighting shall be maintained at a low level and limited primarily to landscaped areas, consistent with the Outdoor Light Control Ordinance. • Any building mounted lighting should be designed to highlight building entries, drama tize specific architectural features and accentuate light and shadow to articulate facades. • Landscaping treatments should be provided to enhance architectural features and to provide shade for pedestrian and parking. areas. • Continuity of landscape design should be maintained between adjacent developments. • Standards for tree wells and street trees should be prepared and adopted. • Where building sites limit the available planting area, the placement of trees in parkways and paved areas should be encouraged. • Screening of parking areas, utility boxes, servicing and waste enclosures, and other unsightly areas should be accomplished by using combinations of landscaping, walls and earthen berms. Hearty species should be used to insure year-round effectiveness. Attached as the appendix to these Guidelines are excerpts from various design documents, which visually represent some of the concepts referred to. -23- -24- :ITY AND COUNTY DOCUMENTS: City of Belmont, CA; Design Control District, Belmont Zoning Ordinance, 1996 City of Downey, CA; General Plan Design Element, 1992 City of La Quinta, CA; Village at La Quinta Specific Plan, SP 87-009, 1988. City of La Verne, CA; General Plan Design Element, 1990 City of Merced, CA; Merced Village Design Guidelines, 1991 City of San Bernardino, CA: - Property Development Standards, Development Code, 1991 - Main Street Overlay District, Development Code, 1991 City of Seattle, WA; Making Streets That Work, Seattle Engineering Department and the Office of Planning and Management, May 1996 County of Santa Cruz, CA; Felton Town Plan, 1987 ADDITIONAL REFERENCES: Peter Calthorpe; The Next American Metropolis: Ecology, Community and the American Dream, Princeton Architectural Press, 1993 • CSPU Pomona, Department of Urban and Regional Planning; Class 431 /432 Design Studio, conducted by Professor Richard E. Lloyd Chamber of Commerce, October 1996 to ]uly 1997: - "The Village" Study and Improvement Proposals, April 1997 - Village Impressions: Design Images for La Quinta Village exercise for U RF :)r the La Quinta -25- APPENDIX: GRAPHIC EXAMPLES OF DESIGN GUIDELINE REPRESENTATIONS -26- Village Design Balconies provide space for people to enjoy the outdoors, and are a good source of Iight for offices. Multi - Lures include retail and l units on the first floor tial units above. soaped medians provide a bul the hard, hot pavement. Ma .sting architectural features a iety of landscape materials, of I stimulation for visitors to 1 [fixed -Use Design it Mixed -use developement is very popular in iauy downtown central business districts. Mixed -use developement allow maximum use f the village and brings people into the ,owntown. It also creates a pedestrian nvironment at human scale. awnings, arches, large windows and planter loxes are important to the architectural baracter of a building and the Village area. Wide sidewalks accomodate outdoor dining. )econd story balconies can be used for estaurant and patio dining. Mixed -use designs offer diverse she consumer needs, within walking dis There is no need to get into a car ant serveral miles to a strip mall. Resta and service businesses also supp needs of employees workir commercial units. Visitors of La Quinta Hotel and resorts will enjoy the Village 1 interesting design features, easy i commercial diversity, and inter architecwre. t R5—::�r i I.. ello Building Design Multi -level structures include covered patios on the ground floor and balconies above. A variety of building elements can be used to create trellises for shade on balconies and increase design appeal. A variety of components can be used to create different and unusual effects. Wood, stucco, glass and iron work produce textures that are interesting and inviting. Planter boxes permit landscape materials to grow just about anywhere. Structures are transformed and softened with plants. Window openings should be proportionate to the buildings, should be multi -pained and allow maximum light at each level. TR „ r.,,; Arcade too�JAW107 Decorative wooden balcony Stairway at Tlaquepaque ILL �I�illl i�i,u. l(i/ I ' Iju�Il I�'I,�L I, r� oil n o 1 11 T\ Sidewalk design is important to the success of the Village. Sidewalks need to provide comfort, safety and visual stimulation for pedestrian traffic. Trees that hang over the sidewalk provide protection from the hot desert sun. Trees are also visually interesting and offer a variety of shades of green and color. Sidewalk construction should consist of a combination of diverse textures, materials, and patterns. Creative designs and colors break up the dull image of a regular concrete sidewalk. Plaza and Garden Desi Street Furniture Design Bus stops, newspaper racks, public telephones, and othi services should be housed in similarly designed architectur structures. These are functional items that should not be le out of the design scheme. Carefully designed street furnitu helps build character for the street and creates consistent in the Village. MWIS Fountains are important visual elements for streetscape. They provide decoration for open spaces and courtyards. They should be designed to enhance and complement the surroundings. The sound of running water is also soothing and stimulates relaxation and comfort. 'I., WIR�'Mfitftll`ii6'1'W',, :Vr _ k' '.ffiq7 _; LF 07 �A& OW More Street Furniture... ...to enhance the Pedestrian streetscape :reetscape Design Building frontages are essential to the downtown pedestrian character of the village. The building should provide openings at street level, to allow display windows for pedestrians and passing traffic. These large windows provide visual interest, and encourages pedestrian activity. Buildings Buildings should be designed to increase activity. Restaun and entertainment adjacent to major pedestrian paths incre traffic in the Village. Outdoor uses should be encourages the Village. should be designed to locate high activity uses such as restaurants and entertainment„ adjacent to major pedestrian paths. Outdoor uses are especially encouraged along pedestrian paths Minimal parking spaces in front of buildings ensures a pedestrian friendly atmosphere. Streetscape Design Street Furniture There are several kinds of street furniture: benches, drinking fountains, kiosks, clocks and others. Be careful to locate street furniture away from crosswalks, curb cuts, fire hydrants, loading and bus zones. Remember that sidewalks must have five feet of clear passage to ensure pedestrian safety. best used If The community wants to: • increase social activity on a street • add distinctive features that help identify an area • provide places to sit or get information (from kiosks or signs) Street Trees W best used If • the entire block would like to plant trees along their street • neighborhood has a plan for the final design of their street • tree placement does not block existing street lighting • a neighborhood plan identifies streets that are most appro- priate for street tree projects • there is both adequate space for trees and for a minimum sidewalk width. Flower Planters and Banners ON Flower planters are a delightful way to show off a business district. The use of district -wide "cross - street" or "pole" banners are an effective way to advertise upcoming events or to identify an area. best used If • community wishes to add attractive detail to the street • community would like to create a visual link throughout entire business district • community would like to promote an area or special event • neighborhood consensus favors a consistent planter or banner program. Traffic Calming Techniques Choker ;o A choker is a set of two curb bulbs that extend out into the street. A choker narrows the road, sometimes down to one lane, and causes motorists to slow when entering and exiting the street. Lrb bulbs extend the sidewalk into the street. The bulbs, uch may be landscaped, improve pedestrian crossings by oviding better visibility between pedestrians and motorists, ortening the crossing distance, and reducing the time that destrians are in the street. Curb bulbs located at the inter- ction also prevent people from parking in a crosswalk or Dcking a curb ramp. Curb bulbs may encourage motorists to ive more slowly by restricting turning speeds and narrowing e roadway. Marked Crosswalks Curb Bulbs Legal crosswalks exist at all intersections, but they are not always marked by signs or pavement markings. Crosswalks can be marked at intersections and at midblock locations. Marked crosswalks alert motorists that they are approaching a high pedestrian location, and guide pedestrians to a safer crossing. Crosswalks are usually marked lines, either two parallel lines or a ladder —type pattern. They can also be tex- tured or made of colored concrete. Midblock crosswalks are accompanied by signs or flashing beacons. More Traffic Calming.. . Pedestrian Refuge Islands Pedestrian refuges are raised islands in the center of the street protecting the pedestrian from moving traffic. They allow pedestrians an opportunity to cross one half of the roadway, with a safe place to stop before crossing the second half of the roadway. They are typically constructed at marked crosswalks either at a midblock location or at an intersection. Full Street Closure Ill A full closure is a physical barrier that closes the street to motor vehicles. Usually landscaped, a full closure can be built to accommodate pedestrians, bicycles and wheelchairs. beat used if • street is used as a cut —through route • a less restrictive device cannot address concerns • there is a desire to create a pedestrian place. Partial Street Closure A partial closure is a curb bulb that physically blocks one • direction of traffic at an intersection on an otherwise two—way street. A temporary partial closure is accomplished through striping and signs (No Right Turn, No Left Turn, Do Not Enter). Cal1e Estado/La Fonda: Schematic Street Plan ►. `r, <' � him' ' � � ►��!'� � .. ,;, d 1 10' sidewalk 12' parking ...................... ................. Water ! _ feature , 20' travel 1 36' center median - usable as pedestrian promenade crosswalk i ...................... r� ...................... t......... .. The above plan is a conceptual view based on the existing 100-foot R.O.W. on both Calle Estado and La Fonda. Travel way, sidewalk, median widths, etc. would be adjusted based on desired intent for pedestrian/vehicular traffic accommodation, appropriate City standards and changes in design concept as shown. Planter areas, fountains, art pieces and pedestrian walks are some of the improvements which are contemplated for the central median concept. Angie parking could be incorporated into such a median, or permitted in lieu of the parallel parking scheme shown here. :44 MIT I tl a i in I + 31. .. �.. ;mod. . �. jib-: � �� • NiI!rA�� 1