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1998 05 26 PC2 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 May 26 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 98-034 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 May 12, 1998 B. Department Report PC/AGENDA V. PUBLIC HEARINGS: A. Item ...................... TENTATIVE TRACT MAP 28776 Applicant ................ KSL Land Corporation Location ................. The east side of Southern Hills and west of Laurel Valley Request .................. A recommendation for approval of a 45 single family and other miscellaneous lots subdivision on 12.53 acres within PGA West. Action ................... Resolution 98- B. Continued Item ....... REPEAL OF SPECIFIC PLAN 87-009-VILLAGE AT LA QUINTA - ZONING CODE AMENDMENT 98-060 AND CHANGE OF ZONE 98-085 Applicant ............... City of La Quinta Location ................ City-wide Request ................. Repeal the Village at La Quinta Specific Plan, replacing it with Design Review Guidelines. Eliminate the Subzones within the "Village Commercial" Zoning text and map. The "Village Residential' area, east of Desert Club Drive, is proposed for rezoning to RL-10,000-17/1 (Low Density Residential, one story,l7-foot height limit,10,000 square foot minimum lot size). Action ................... Resolution 98- Resolution 98- Resolution 98- Resolution 98- , and Resolution 98- C. Continued Items ......... ZONING CODE AMENDMENT 97-058 AND ZONING CODE AMENDMENT 98-061 Applicant ............... City of La Quinta Location ................ City-wide Request ................. Consideration of miscellaneous Amendments to Title 9 (Zoning Code) of the Municipal Code. Action ................... Resolution 98- , VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL VIII. COMMISSIONER ITEMS A. Commission report on the City Council meetings of May 19, 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 May 12, 1998 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:04 P.M. by Chairman Butler who asked Commissioner Kirk 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 Planners Stan Sawa and Fred Baker, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: A. Mr. Jim Jarnigan, part owner of the La Quinta Car Wash, stated he had submitted a letter in regard to Conditional Use Permit 97-036 and Site Development Permit 97- 616, and would like to answer any questions the Commission may have regarding his letter. He has searched the desert over and has found no place where three car washes are located next to each other. When they first appeared before the Commission for their Car Wash, they were denied due to its location. As they felt it was a need of the community, they reapplied at their current location. He again stated his objection was three car washes within 300 feet of each other. B. Mr. Duane Yonker, 38,298 Red Cedar Drive, Palm Desert, part owner of La Quinta Car `'Nash, stated he had several years experience in all types of car washes and he questions the reasoning for three car washes within a 300-foot radius of each other. His main concern is the traffic. The Shell Oil project is a drive -through and can cause a stacking problem in conjunction with the gasoline station/car wash. Any stacking problems could cause potential traffic problems for their site. Should a problem occur within their car wash itself, there is no attendant watching over the person inside the car. He strongly opposes this project. III. CONFIRMATION OF THE AGENDA: Confirmed. PC-5-14-98 I Planning Commission Meeting May 12, 1998 IV. CONSENT CALENDAR: A. Chairman Butler asked if there were any changes to the Minutes of April 28, 1998. There being no corrections, it was moved and seconded by Commissioners Kirk/Abels to approve the Minutes as presented. Unanimously approved with Commissioners Seaton and Tyler abstaining. B. Department Report: 1. Community Development Director Jerry Herman informed the Commission that the City Council had directed staff to rewrite the City Ordinance pertaining to the Planning Commission to create a five member Commission and three member Architectural/Landscaping Review Committee. a. Commissioner Tyler stated the terms would be three people with three year terms and two people with two year terms. Each of the present Commissioners is to submit his/her resignation and reapply if they want to serve on either the Planning Commission or Review Committee. The Review Committee will be allowed one opportunity to review the plans before a recommendation is given to the Planning Commission. b. Commissioner Kirk asked if the Committee would be given a specific task. Staff stated it would be to review architectural and landscaping plans and make a recommendation to the Planning Commission. Commissioner Kirk asked if this would have any affect on the changes being proposed for the Zoning Ordinance. Staff stated it would not. V. PUBLIC HEARINGS: A. Continued Conditional Use Permit 97-036 and Site Development Permit 97-616; a request of A & S Engineering for Shell Oil Company for approval to allow construction of a 2,615 square foot service station/food mart and a 900 square foot car wash. 1. Chairman Butler reminded everyone that the public comment portion of the hearing had been closed and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. PC-5-14-98 2 Planning Commission Meeting May 12, 1998 2. Chairman Butler asked if there were any questions of staff. Commissioner Woodard asked if the revised site plan resolves the concerns that were raised at the last meeting. Senior Engineer Steve Speer stated they would not resolve the issues of traffic that had been raised at the last meeting. Commissioner Woodard asked if there was any way of stopping traffic before it enters the car wash to eliminate the concern. Senior Engineer Steve Speer stated that when construction plans are submitted, they will be looking for a striping plan. Commisioner Woodard asked if this could be made a conditon of approval. He then asked why the drive leading up to the trash enclosure continues to get larger. Staff stated it is his understanding that it allows the truck to maneuver in and out of the area. 3. Commissioner Seaton apologized for not being at the previous meeting, but asked staff to review the flow of traffic in and out of the car wash. Principal Planner Fred Baker reviewed the circulation plan. 4. Commissioner Woodard asked how the gas filling trucks would enter/exit. Staff stated fueling is usually at night when there is less congestion. 5. Commissioner Seaton stated it was her concern that it would be highly congested at the time the trucks are filling. 6. Commissioner Tyler asked if the project had been conditioned to require refueling only occur during the night hours; it is his understanding that they can refuel at any time of the day. Can the City regulate the hours of refueling? His main concern is the number of activities that are going on within a small parcel. It has been his experience that in drive -through car washes, the patron will stop somewhere and make detail changes to the car after washing. 7. Commissioner Gardner questioned where the traffic enters off Highway I I I and asked if there were any provisions to block the view of anyone entering the other car wash. Staff stated there was a hedge and curb that would prevent the two uses from mingling. 8. Chairman Butler asked if the applicant would like to address the Commission regarding the questions that had been raised. Mr. Ghaderi, representing Shell Oil, stated he would respond to any questions. 9. Commissioner Tyler asked if the applicant could verify that the refueling would only be done at night. Mr. Ghaderi stated the refueling would occur as the demand is made and he would not want any restrictions on when this could happen. City Attorney Dawn Honeywell stated the Commission has the ability to regulate the hours of operation. PC-5-14-98 Planning Commission Meeting May 12, 1998 10. Commissioner Seaton asked if the gas patron would have to make a u-turn to get back to the car wash after obtaining their gas. Mr. Ghaderi stated they would. He went on to state this site is one of Shell Oil's largest sites. It appears small due to the amount of landscaping they have dedicated. The site will accommodate the u-turn with no problem. 11. Commissioner Woodard thanked the applicant for the revised plan, but he still had a problem. He questioned the circulation plan as there was a lot of traffic patterns on such a small lot. He asked staff if the landscaping was excessive compared to what the City normally requires. Planning Manager Christine di Iorio stated they were meeting the requirements for the Highway I I I Design Landscaping Guidelines. 12. Commissioner Tyler asked if the pumps were designed for full service including the car wash. Mr. Ghaderi stated they were. 13. Commissioner Abels stated there was a station in Banning that had a high volume of business and a customer is able to manage getting gas and any other services without any problems entering or leaving. The La Quinta Car Wash was aware of the Center's plans to have a car wash at this location since it purchased its site. 14. Commissioner Gardner questioned the landscaping along Highway 111 and asked staff to elaborate. Staff explained the landscaping was installed as a part of the La Quinta Car Wash. The driveway in front of the La Quinta Car Wash is to be landscaped on both sides to prevent the two uses from mingling. Commissioner Gardner stated he was still concerned with the overloading of fast food operations and now, car washes along Highway 111. 15. Commissioner Kirk stated it was his impression that it was an unusual site. The applicant has done the most with an awkward site and he thanked him for the revisions he had made. 16. Chairman Butler also thanked the applicant for the changes that had been made. However, he had a concern about having three car washes in the same vicinity, but as this is not a concern of the Commission, he supports the project. 17. There being no further discussion, it was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 98- 022 approving Conditional Use Permit 97-036, subject to the amended conditions requiring the hours of refueling to occur from 7:00 p.m. to 7:00 a.m. PC-5-14-98 4 Planning Commission Meeting May 12, 1998 a. Commissioner Woodard stated he would be voting for the project, but still believes the traffic problems at the Adams Street entrance are going to be a problem in the future. b. Commissioner Gardner stated that as a Planning Commissioner he believes they have the right to deny any use they feel is not right for the community. C. Commissioner Seaton stated she has driven by the site and believes the site is overloaded. d. Commissioner Tyler stated that he too cannot support the project because of the traffic congestion at this corner. e. Commissioner Woodard asked if most of the traffic would be coming from Adams Street or Highway 111. Senior Engineer Steve Speer stated it was the applicant's assumption that most of the traffic would enter from Highway 111. He went on to state there was a similar access point to this at the westerly end of the Center that operates without problems. This traffic situation at Adams Street and Highway 111 is better than what is currently at the ARCO station off Washington Street. ROLL CALL: AYES: Commissioners Abels, Kirk, Woodard and Chairman Butler. NOES: Commissioners Gardner, Seaton, and Tyler. ABSENT: None. ABSTAIN: None. 17. It was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 98-023, approving Site Development Permit 97-616, subject to adding a new Condition #30 requiring the site plan to provide a "keep clear" zone at its entry near Adams Street. ROLL CALL: AYES: Commissioners Abels, Kirk, Woodard and Chairman Butler. NOES: Commissioners Gardner, Seaton, and Tyler. ABSENT: None. ABSTAIN: None. A. General Plan Amendment 98-056 and Zoning Code Amendment 97-057 amending the Zoning Code Chapter 9 140-Hillside Conservation Regulations and the General Plan Land Use and Environmental Conservation Element regarding Hillside Development Density Transfer; a request of the City to amend Hillside Conservation Regulations and related General Plan Amendments. PC-5-14-98 5 Planning Commission Meeting May 12, 1998 1. Chairman Butler opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler stated that on a recent trip, he had seen a vast proliferation of hillside development and he was glad La Quinta was taking steps to prevent this from happening. The language needs to be made clear regarding the General Plan changes. Commissioner Tyler questioned Page 65, Item #65 where post and beam is used in conjunction with the hillside. Commissioner Kirk clarified that this referred to the retaining of the slopes. Commissioner Tyler stated he basically agreed with staff s recommendation. 3. Commissioner Seaton asked staff to explain "toe of slope". Senior Engineer Steve Speer displayed a drawing that best explained the formulation for determining the "toe of slope" and steepness of the slope. Commissioner Seaton asked staff to elaborate on Page 54 where single family residences would be allowed. Staff explained it is expected that property owners will want to develop their property, but it will be allowed only in an area that has a less than 20% slope gradient above the toe of slope. 4. Commissioner Woodard asked if an applicant could go through an exploratory process to review his project prior to submittal of an application. Staff stated they could review a project with an applicant before requiring an application. Commissioner Woodard asked why staff was asking the applicant to come back with a building elevation. Staff stated it is part of the Site Development review process. Commissioner Woodard asked why a boulder field was considered precious. Staff stated that during the field trips that were held with City Council and Commissioners, concern was raised about losing that unique geologic setting that is offered by a boulder field. Discussion followed as to what is reviewed during the site development/conditional use permit process. 5. Commissioner Woodard asked if an applicant could work with staff to determine the toe of slope before submitting an application. Staff stated this was correct. Commissioner Woodard questioned the use of word "adjacent property owner" on Page 64, Item 2.j. Staff stated this could be removed. Commissioner Woodard questioned Page 66, Item 1.C. Staff clarified this was to be required under the biology reporting. Commissioner Woodard questioned Page 68, Item 2, the building height. Staff clarified the concern was the visual impact, but the sentence could be reworded for clarity. PC-5-14-98 6 Planning Commission Meeting May 12, 1998 6. Commissioner Gardner asked if any land would be negated from being built upon if these changes were adopted. City Attorney Dawn Honeywell stated the intent was to make development regulations in the hillside more clear. It is not intended to change anyones' rights, but to clarify more specifically how the calculations are done and that the conditional use permit process would be required for any construction above the toe of slope. Commissioner Gardner stated his concern that a property owner may be prohibited from developing his property due to this ordinance. Staff stated they have not changed the ordinance, only clarified. 7. Commissioner Kirk questioned whether or not any member of the Commission had a conflict of interest. City Attorney Dawn Honeywell stated it was clarified that the Commissioner in question had no financial gain from the changes proposed in the ordinance. Commissioner Kirk asked if the changes proposed prohibited all construction on land above the 20% toe of slope. Staff stated no. Commissioner Kirk asked if any questions had been raised regarding the "taking" of property. City Attorney Dawn Honeywell stated no, because any challenges had to have been made in 1989, when the Hillside Ordinance was first adopted. Commissioner Kirk questioned whether the area that is less than 20% and above the toe of slope could be developed. Staff stated it could. They would, however, have to meet all the other criteria which includes Federal and State regulations. Commissioner Kirk discussed possible scenarios where development could take place under the new regulations. Commissioner Kirk asked if the City Council asked to be the final approving authority on the boulder field boundary. Staff stated it was staff s recommendation to have the City Council be the final authority. It could be changed to the Planning Commission. Commissioner Kirk suggested some other changes. 8. Chairman Butler asked if anyone would like to address the Commission. Ms. Nicole Criste, Terra Nova Planning, representing Mr. Meyer's property stated her concern with the lack of specifity in the ordinance. There is no specific verbiage on how the viewshed should be directed, the location and method of how this is to be done. The issue of visible roads has limited performance standards; issue of off -site locations, the difficulty of adjacent property owners getting along and unwilling to grant access all are a problem for Mr. Meyers. Mr. Meyers would be prohibited from developing a road under the proposed changes, and he has a concern regarding the definition of "toe of slope". The calculation method should not apply to areas that are eroded rather than bedrock. Finally, regarding the issue of boulderfields, the definition allows for the development of a grid system within 100 square feet and a two foot caliper for the largest of the boulders. Their concern is about an area that happens to have large rocks at 15-20 foot intervals. PC-5-14-98 7 Planning Commission Meeting May 12, 1998 9. Chairman Butler asked if these issues would be addressed during the conditional use permit application that Mr. Meyers would be required to submit. Planning Manager Christine di Iorio stated yes. Chairman Butler asked if Mr. Meyers would be taking his project through the conditional use permit process. Staff stated yes, and staff would be determining the areas of study. 10. Mr. Chevis Hosea, 55-920 PGA Boulevard, stated his concern was viewshed and intrusion into the mountain. In particular as it relates to golf courses. He suggested this item be continued and offered to work with the City and other property owners, to determine finite wording that could be site specific. There needs to be a method of controlling flood debris that comes off the mountain. He would like to request a series of meetings to create better wording. 11. Chairman Butler asked if golf courses and watershed development would be affected by the ordinance. Staff stated they should be addressed. Senior Engineer Steve Speer stated the reluctance has been expressed by both the Commission and City Council to allow any physical changes on the slope area of the mountain. Chairman Butler asked about the viewshed. Staff stated this is one of the issues that complicates the ordinance. 12. There being no other public comment, the public participation portion of the hearing was closed and open for Commission discussion. 13. Commissioner Kirk asked if Page 65, Item 7 allows some soil to be moved up against the hillside. Staff stated it did. Commissioner Kirk stated it was his belief this may be one of the most important decisions they make. The conditional use permit process seems to make some sense as every property is different. However, he is concerned that property owners such as Mr. Meyers are not given any amount of certainty as to what he is able to develop. He asked if the ordinance could be tightened up any further to give the property owner more definition as to what he is able to do. Staff stated no, as it is impossible to make a requirement for every possible situation. Commissioner Kirk asked if any other cities have used the conditional use permit approach. Staff stated that this ordinance is a compilation of what has been researched and received from 50 other cities. City Attorney Dawn Honeywell stated a lot of other cities use the conditional use permit process for a lot of different applications and most commercial projects. P(7-5-14-98 8 Planning Commission Meeting May 12, 1998 14. Commissioner Woodard stated he shared Commissioners Kirk's concern that it is not more specific and yet he applauds staff s work. The issues raised by Ms. Criste of Terra Nova could be resolved by tightening up the ordinance even more. If the ordinance is not tightened up, it opens the City up to more difficult interpretation. It may be worth the City's efforts to hold meetings with major property owners. 15. Commissioner Tyler stated he agreed with Commissioner Kirk that this was important and he was not comfortable that it is written correctly. Based on the issues that have not been raised, he too would agree with continuing this item. 16. There being no further discussion, it was moved and seconded by Commissioners Gardner/Tyler to continue this item to June 9, 1998. 17. Chairman Butler stated he too believes this to be an important ordinance that needs to be adopted, and perhaps allowing property owners the opportunity to speak regarding this issue should be allowed. 18. City Attorney Dawn Honeywell stated the ordinance should be written by what the City wants and not be developer driven. 19. Commissioner Abels stated it has been known that the Planning Commission has been discussing this issue and he is disappointed that so few people have shown up to speak. 20. Commissioner Kirk stated that in providing direction to staff, he would suggest that more certainty be given to the issues raised by Ms. Criste of Terra Nova. Staff should offer some options on the key areas such as boulder fields and toe of slope. In comparison to this he would be interested in what would happen if you were to draw a line and say nothing would be allowed above the toe of slope? He would suggest staff prepare one or two hillside properties and show the impact the ordinance would have on them. Staff stated the examples would be difficult as no contours are available and it is not known what type of development would be proposed. Commissioner Kirk again stated examples staff might use. 21. Chairman Butler asked for a voice vote and the motion to continue Zoning Ordinance Amendment 97-057 and General Plan Amendment 98-056 carried unanimously. Chairman Butler recessed the meeting for break at at 9:10 p.m. and reconvened at 9:18 p.m. PC-5-14-98 9 Planning Commission Meeting May 12, 1998 B. Continued - 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 a recommendation to allow a 34.4 acre, 86 single family residential lot subdivision and 118 senior apartments with recreational amenities on 12 acres, and a reduction of private street widths from the General Plan required 36-feet to 28 and 32-feet. The project is affordable from very low through moderate income levels. 1. Chairman Butler opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff and asked staff to define a hummock. Staff stated it was a type of sand dune. 3. Mr. John O'Brien, Catellus Residential Group gave a presentation on the project. Mr. David Smith, Land Planner and Architect, for the project spoke regarding the idea of community. 4. Commissioner Kirk commended the applicant on the project and asked if the property management firm would be providing transportation assistance until bus service was provided by Sunline. Staff stated the property management firm has stipulated in a letter to the City, they would provide this service. Community Development Director Jerry Herman stated that by the time the senior units are built, the public bus service should be available. Commissioner Kirk asked if this project would assist in meeting the City's requirement for affordable housing. Staff stated the City would still be about 1,000 units short. Commissioner Kirk asked if the City's Redevelopment Agency would be financially assisting in this project. Staff stated Catellus and the Agency were in negotiations regarding the amount of assistance the Agency would be providing. 5. Commissioner Gardner asked if staff knew when the public bus service would be provided as he believed it was essential to the completion of the senior apartments. Staff stated the project could be conditioned to have alternative transportation service provided until the public transit is available as part of the Specific Plan conditions. Commissioner Gardner asked the applicant where they had built other projects. Mr. O'Brien stated they were working in San Diego County, Orange County, San Francisco Bay area and PC-5-14-98 10 Planning Commission Meeting May 12, 1998 Los Angeles County. Commissioner Gardner asked what provisions are in place to see that the units are maintained. Mr. O'Brien stated the management firm that will be managing the senior apartments are hired for this purpose and have extensive experience in managing multi -family tax credit projects. Commissioner Gardner asked what the height of the berm/wall is for the perimeter of the project. Mr. O'Brien stated it was an eight to nine foot acoustical wall. Jefferson Street would have contoured berming to offset the impact of this wall. 6. Commissioner Abels stated he agreed with the comments that had been made so far and commended the applicant on the project. 7. Commissioner Woodard questioned the applicant as to what they interpreted zero property line to mean. Mr. Smith explained the zero lot line was only on the garage wall side. Commissioner Woodard stated the rear wall has windows facing the neighboring windows. He also commented on the five foot rear yard setback for the houses along Avenue 48 as he believed this to be unacceptable. He questioned where the play equipment was to be placed as it was not shown on the plans. The landscaping and setbacks for both the entrances were minimal in light of what the Commission was wanting to see at an entrance. He asked if the distance between the entrances was adequate. Senior Engineer Steve Speer explained it was. Commissioner Woodard questioned the orientation of the recreation building and pool. Mr. Smith explained that it had been rotated to better meet their design objectives. Commissioner Woodard asked if desert landscaping had not been required for the streetscape. Staff stated the City had no policy requiring the landscaping to consist of desert plants. Commissioner Woodard asked what the setback was for the house on Avenue 48. Mr. O'Brien stated the setback along 48' Avenue have some variation between five and ten feet. Commissioner Woodard asked if the applicant could provide alternative garage door designs. Mr. Smith stated to date they had not addressed any designs for the garage doors. Commissioner Woodard asked what the distance from the curb was for the single family units. Mr. O'Brien stated the idea was to bring the life back to the street. Therefore the homes were plotted with 10 foot minimum setbacks and one unit with a nine foot setback to the back of the sidewalk. 8. Commissioner Seaton stated her concern was that there was no emergency exit to the north of the project. Mr. Smith stated the problem was with the requirements for the southerly entrances. Mr. O'Brien stated they could continue to work on this. Community Development Director Jerry Herman stated the two accesses meet the Fire Department requirements. To the west is the Evacuation Channel, to the north is the City of Indio, and it is not the City's desire to have any accesses on Jefferson Street. PC-5-14-98 11 Planning Commission Meeting May 12, 1998 9. Commissioner Tyler added his complements on the project and asked who would be approving the lighting and landscaping plans. There appears to be a potential conflict regarding public utility easements that needs to be clarified. The caliper of tree sizes needs to be increased and he questioned why the channel was not required to be concreted. He was concerned about the use of wood fences. If wood was to be used, they should use a product that would hold up better in this weather. 10. Chairman Butler asked if anyone else would like to speak regarding this project. There being none, the public participation was closed and open for Commission discussion. 11. Commissioner Kirk stated his support of the project and suggested it be submitted to State and Federal agencies for an award. He liked the desert landscaping, but would not support any additional entrances into the project. The project shows that three and four bedroom homes can work from the parking standpoint and gets away from having garage doors along the streetscape. They do however, need variation on the garage doors. Smaller streets do make good sense in these types of residential developments. 12. Commissioner Gardner asked if the 20-foot light pole would meet the `Dark Sky Ordinance. Staff stated yes, if the lights were directed downward and shielded. 13. Commissioner Abels stated he supported the project. 14. Chairman Butler stated he still agreed with having the cars off the streets. As to this project, he highly supported it and believed it would be a bonus to the City. 15. Commissioner Woodard stated it was a very well planned project, but he would have to vote no due to the homes on 48' Street being allowed to be setback so close to the street. 16. Commissioner Seaton stated she was still concerned about the emergency access, but would support the project. 17. Commissioner Tyler stated his concern was the bus service and questioned the management company that would provide van service until the public transit service was in place. He suggested the transportation service continue even after the public bus lines are started. PC-5-14-98 12 Planning Commission Meeting May 12, 1998 18. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 98- 024 recommending Certification of an Addendum to the Environmental Impact Report for Redevelopment Project Area No. 2 (SCH #88041111) for Environmental Assessment 97-349, according to the Findings set forth in the Resolution. ROLL CALL: AYES: Commissioners Abels, Gardner, Kirk, Seaton, Tyler, and Chairman Butler. NOES: Commissioner Woodard. ABSENT: None. ABSTAIN: None. 19. It was moved and seconded by Commissioners Abels/Gardner to adopt Planning Commission Resolution 98-025 recommending to the City Council approval of General Plan Amendment 97-055. ROLL CALL: AYES: Commissioners Abels, Gardner, Kirk, Seaton, Tyler, Woodard and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 20. It was moved and seconded by Commissioners Abels/Gardner to adopt Planning Commission Resolution 98-026, recommending approval of Tentative Tract Map 28601, subject to conditions. ROLI, CALL: AYES: Commissioners Abels, Gardner, Kirk, Seaton, Tyler, and Chairman Butler. NOES: Commissioner Woodard. ABSENT: None. ABSTAIN: None. 21. It was moved and seconded by Commissioners Abels/Seaton to adopt Planning Commission Resolution 98-027, recommending to the City Council approval of Specific Plan 97-031, subject to conditions as recommended and added below: a. The letter dated April 22, 1998, from the property manager, Ecumenical Association for Housing, regarding the provision of transportation to surrounding services shall be included and implemented. b. The plant palette specifications for tree caliper size shall be in conformance with nursery standards for the specific tree type. C. Alternative wood fence options shall be pursued. ROLL CALL: AYES: Commissioners Abels, Gardner, Kirk, Seaton, Tyler, and Chairman Butler. NOES: Woodard. ABSENT: None. ABSTAIN: None. PC-5-14-98 13 Planning Commission Meeting May 12, 1998 22. It was moved and seconded by Commissioners Abels/Gardner to adopt Planning Commission Resolution 98-028, recommending to the City Council approval of Site Development Permit 97-618, subject to conditions as added below: a. Prior to issuance of the first building permit, provide an additional garage door design for the single family residences. ROLL CALL: AYES: Commissioners Abels, Gardner, Kirk, Seaton, Tyler, and Chairman Butler. NOES: Commissioner Woodard. ABSENT: None. ABSTAIN: None. C. Site Development Permit 98-622; a request of Citrus Development, LLC (Alicante on the Citrus) for compatibility approval of a new 4,084 square foot residential prototype plan. 1. Commissioner Gardner excused himself due to a possible conflict of interest pertaining to the next four public hearing items and left the dias. 2. 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. 3. Chairman Butler asked if there were any questions of staff. There being no questions of staff, Chairman Butler asked if anyone would like to speak regarding the project. There being no public comment, Chairman Butler closed the public participation portion of the public hearing and opened for issue for Commission discussion. 4. There being no discussion, it was moved and seconded by Commissioners Tyler/Seaton to adopt Planning Commission Resolution 98-029, approving Site Development Permit 98-622, subject to conditions. ROLL. CALL: AYES: Commissioners Abels, Kirk, Seaton, Tyler, Woodard and Chairman Butler. NOES: None. ABSENT: Commissioner Gardner. ABSTAIN: None. D. Specific Plan 90-017 - Annual Review: a request of KSL Desert Resorts, Inc. for approval of a second annual review for a Master Planned Community of 880 single family houses and golf course fairways on 220 acres pursuant to Condition #7 of City Council Resolution 91-105. PC-5-14-98 14 Planning Commission Meeting May 12, 1998 Commissioner Woodard withdrew due to a possible conflict of interest and left the dias. 2. 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. 3. Chairman Butler asked if there were any questions of staff. Commissioner Tyler suggested that future reviews be periodic. 4. There being no further questions of staff, Chairman Butler asked if anyone would like to speak regarding this project. There being no public participation, the public comment portion of the public hearing was closed and open for Commission discussion. 5. There being no discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 98-030, approving Specific Plan 90-01-Annual Review, subject to conditions. ROLL, CALL: AYES: Commissioners Abels, Kirk, Seaton, Tyler, and Chairman Butler. NOES: None. ABSENT: Commissioners Gardner and Woodard. ABSTAIN: None. E. Tentative Tract 28522; a request of KSL Land Corporation -The Woodard Group for a recommendation of approval for a subdivision of 14.46 acres into 18 estate single family and other common or street lots within the boundaries of Specific Plan 83- 002, Amendment #3 and Specific Plan 90-017. 1. Chairman Butler opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff and asked if the street circulation was different. Mr. Chevis Hosea, representing the applicant, stated this was a new design that is anticipated to be an experience to drive down the streets. 3. Commissioner Tyler asked when the Planning Commission would review each of the houses. Staff stated it is unknown at this time. PC-5-14-98 15 Planning Commission Meeting May 12, 1998 4. There being no further public comment, Chairman Butler closed the public participation portion of the hearing and opened it for Commission discussion. There being no discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 98-031, recommending to the City Council approval of Tentative Tract 28522, subject to conditions. a. Prior to final map approval for Tract 28522, Parcel Map 28803 shall be recorded. If not approved, Tentative Tract Map 28522 shall be null and void. ROLL CALL: AYES: Commissioners Abels, Kirk, Seaton, and Chairman Butler. NOES: None. ABSENT: Commissioners Gardner and Woodard. ABSTAIN: None. Commissioner Woodard rejoined the Commission. F. Site Development Permit 98-620 and Environmental Assessment 98-356; a request of KSL Desert Resorts, Inc. for approval to add a golf maintenance building and other miscellaneous facilities to the existing Citrus Country Club maintenance facility located at the northeast corner of Calle Rondo and Avenida Nuestra. 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. Chairman Butler asked if there were any questions of staff. Commissioner Woodard asked if there was a reason for the building to be so high. Staff stated that in order to accommodate the necessary equipment the height was needed. 3. There being no further public comment, the public participation portion of the public hearing was closed and open for Commission discussion. 4. There being no discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 98-032, approving a Negative Declaration of Environmental Impact for Environmental Assessment 98-356 for Site Development Permit 98-620. ROLL CALL: AYES: Commissioners Abels, Kirk, Seaton, Tyler, Woodard and Chairman Butler. NOES: None. ABSENT: Commissioner Gardner. ABSTAIN: None. PC-5-14-98 16 Planning Commission Meeting May 12, 1998 5. It was moved and seconded by Commissioners Abels/Seaton to adopt Planning Commission Resolution 98-033, approving Site Development Permit 98-620, subject to conditions. ROLL CALL: AYES: Commissioners Abels, Kirk, Seaton, Tyler, Woodard and Chairman Butler. NOES: None. ABSENT: Commissioner Gardner. ABSTAIN: None. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONERS ITEMS. A. Commissioner Tyler gave a report of the Council meeting of May 5, 1998. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Tyler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held on May 26, 1998, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:49 P.M. on May 12, 1998. PC-5-14-98 17 DH A STAFF REPORT PLANNING COMMISSION DATE: MAY 26, 1998 CASE NO.: TENTATIVE TRACT MAP 28776 REQUEST: RECOMMENDATION FOR APPROVAL OF A SUBDIVISION OF 12.53 ACRES INTO 45 SINGLE FAMILY AND OTHER COMMON OR STREET LOTS WITHIN THE BOUNDARIES OF SPECIFIC PLAN 83- 002 (AMENDMENT #3) IN PGA WEST LOCATION: ON THE EAST SIDE OF SOUTHERN HILLS AND WEST OF LAUREL VALLEY ABUTTING THE EXISTING JACK NICKLAUS TOURNAMENT GOLF COURSE APPLICANT/ PROPERTY OWNER: KSL LAND CORPORATION DEVELOPER: ENGINEERS: M.D.S. CONSULTING (MR. STANLEY C. MORSE, P.E.) ENVIRONMENTAL CONSIDERATION: TENTATIVE TRACT MAP 28776 IS WITHIN SPECIFIC PLAN 83-002 (PGA WEST). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER PUBLIC RESOURCES CODE SECTION 65457(A). AN ENVIRONMENTAL IMPACT REPORT (SCH. #83062922) WAS CERTIFIED BY THE CITY COUNCIL ON MAY 15, 1984 (RESOLUTION 84-28). NO CHANGED CIRCUMSTANCES, OR CONDITIONS, EXIST WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT PURSUANT TO PUBLIC RESOURCES CODE 21166. GENERAL PLAN/ ZONING/ SPECIFIC PLAN DESIGNATIONS: LOW DENSITY RESIDENTIAL/RL (LOW DENSITY RESIDENTIAL) AND RESIDENTIAL (SPR) PER SPECIFIC PLAN 83-002 (AMENDMENT #3) STPC28776-24 RES028776-23, CONDTTM28776-23 BACKGROUND: PGA West Background The PGA West Resort and Club is made up of numerous tentative tract maps which have been approved since the 1984 approval of Specific Plan 83-002 (Resolution 84-31). Housing units range in size from 1,283 square feet to over 5,000 square feet, with many houses being attached, or detached one story units. Started in 1986, PGA West, within Specific Plan 83-002, is a country club community of approximately 1,700 residences (5,000 houses are allowed) and multiple championship golf courses. Site Information The vacant site was mass graded a few years ago during construction of the existing golf course and in preparation of the construction of airspace condominiums by The Sunrise Company. The site is surrounded by existing attached and detached houses. Proiect Request This map resubdivides a portion of Tract 28149. Proposed are 45 single family and various other nonresidential lots on 12.53 acres in the northeast section of PGA West (Attachment 1). Site access occurs on Southern Hills, an existing private street. The proposed lots front onto private streets and back up to the existing Jack Nicklaus Tournament golf course. Big Spring, a 33-foot wide (curb to curb) street, is proposed to the east of the intersection of Oakmont and Southern Hills. The proposed singe family lots vary in size from 8,880 square feet to 20,606 square feet with an average of 11,035 square feet. Lot widths are typically 60-feet (or greater) in width. The project density is approximately 3.59 dwellings per acre. Various landscape/open space and pool lots (i.e., Lots "B" and "C") have been provided to enhance the streetscape appearance. The 45 lots are designed for 37 Ryder units and eight custom houses. The Ryder units (2,065 square feet to 2,380 square feet) were approved by the City in 1995 under Plot Plans 95-552 and 95-565. The custom lots are located in the vicinity of Southern Hills and Big Spring. Public Notice This application was advertised in the Desert Sun newspaper on May 13, 1998. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required by the Subdivision Ordinance of the La Quinta Municipal Code. Additionally, public hearing notices were mailed to all property owners within PGA West. This expanded noticing request exceeds the City's Subdivision Ordinance requirements. To date, no comments have been received. STPC28776-24 2 RES028776-23, CONDTTM28776-23 Public Agency Review All written comments received are on file with the Community Development Department. All agency comments received have been made Conditions of Approval for this case. STATEMENT OF THE ISSUES: Based on the provisions of the General Plan, Specific Plan 83-002, Zoning Code and the Subdivision Ordinance the following overview of the project is provided: Issue 1 - General Plan and Specific Plan Consistency The City's General Plan designates the subdivision as Low Density Residential (2-4 dwellings per acre) which allows single family housing (e.g., attached or detached housing units). The PGA West Specific Plan is consistent with the existing General Plan and its internal elements because up to 5,000 homes are approved for the PGA West development along with other commercial resort amenities. This map proposes lots greater than 8,880 square feet which exceeds the plan's minimum requirements of 6,500 square feet. The proposed single family development is consistent with the City's General Plan and PGA West Specific Plan as designed because detached single family houses are permitted, provided development standards are met. Traffic generation from the development is expected to be 450 vehicle trips per day or less. The number of vehicles is 0.008% of the vehicles planned for the ultimate build -out of SP 83-002. Issue 2 - Tract Design/Improvements Infrastructure improvements are installed with the exception of Big Spring Street. Therefore, impacts associated with development of the project can be mitigated through adherence to the recommended conditions. Issue 3 - Health and Safety Infrastructure improvements necessary for development of the tract exist, or will be extended as needed. The health, safety and welfare of residents is ensured based on recommended conditions. CONCLUSION: The tentative tract map, as conditioned, is consistent with adjacent development in the immediate area, and in conformance with City and Specific Plan requirements. Findings for a recommendation for approval as noted in the attached Resolution can be made. STPC28776-24 3 RES028776-23, CONDTTM28776-23 RECOMMENDATION: Adopt Planning Commission Resolution 98-_, recommending to the City Council approval of Tentative Tract Map 28776, subject to findings and conditions. Attachments: 1. TTM 28776 - Reduced 2. Large Exhibits (Planning Commission Only) Prepared by: Submitted by: Greg Trousdell, Associate Planner Christine di lorio, Planning Manager STPC28776-24 4 RES028776-23, CONDTTM28776-23 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 45 SINGLE FAMILY AND OTHER COMMON LOT SUBDIVISION ON 12.53 ACRES LOCATED EAST OF SOUTHERN HILLS AND WEST OF LAUREL VALLEY IN PGA WEST CASE NO.: TENTATIVE TRACT MAP 28776 APPLICANT: KSL LAND CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of May, 1998, hold a duly noticed Public Hearing for KSL Land Corporation for a 45 single family residential and other common lot subdivision on 12.53 acres, generally east of Southern Hills and west of Laurel Valley in PGA West, more particularly described as: Being a portion of Tract 28149 as recorded in Book 257 Pages 8-15, inclusive, records of Riverside Country, California, located in the east one-half of Section 16, T6S, R7E, S.B.B.M. WHEREAS, the City Council, by approval of Specific Plan 83-002, established a master planned community consisting of 5,000 residential units oriented around four golf courses in conjunction with commercial and hotel related land uses. Overall, the adopted Plan offers guidelines promoting a balanced and functional mix of land uses consistent with the City's General Plan; 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 recommending approval of said Tentative Tract Map 28776: Finding Number 1 - Consistency with General Plan: A. The property is designated Low Density Residential (LDR). The Land Use Element of the General Plan allows residential land uses not exceeding 4 dwelling units per acre. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) because attached and detached residential units are permitted and the project density is 3.59. The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element. Finding Number 2 - Consistency with Specific Plan (SP 83-002, Amendment #3) and City Zoning Ordinance: A. The proposed single family lots exceed the minimum Specific Plan size requirement of 6,500 square feet. Specific Plan 83-002 allows 5,000 houses oriented around golf courses and other resort commercial land uses. The proposed 45 residential lots will not impact the overall growth and development of PGA West. RF,SOPCTTM 28776-23 Planning Commission Resolution 98- Tentative Tract Map 28776 (KSL Land Corp.) B. The proposed single family lots are consistent with the City's Zoning Code in that development standards and criteria contained in the PGA West Specific Plan supplement and/or replace those in the City's Zoning Code. Single family houses are planned to be constructed as required by SP 83- 002. Conditions are recommended ensuring compliance with both the PGA West Specific Plan and Zoning Code. Findinq Number 3 - Compliance with the California Environmental Quality Act: A. Tentative Tract Map 28776 is within Specific Plan 83-002. The project is exempt from the California Environmental Quality Act per Public Resources Code Section 65457(a). An Environmental Impact Report (SCH# 83062922) was certified by the City Council on May 15, 1984. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code 21166. No additional mitigation monitoring is required. Finding Number 4 - Site and Landscape Design: A. The proposed site design conforms with the design guidelines identified in SP 83-002 and provides a harmonious transition between other approved residential houses in PGA West. The proposed lots on Laurel Valley have been determined to be contiguous to the lots on Southern Hills pursuant Section 66424 of the Subdivision Map Act. B. The proposed common landscaping will be privately maintained. The landscape design complements the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. C. That the site is physically suitable for the proposed land division. Finding Number 5 - Site Improvements: A. Stormwater runoff will be diverted to the existing golf course to ensure off - site properties are not impacted from seasonal storms. B. The proposed private street serves all proposed lots and connects to other existing streets in the PGA West development. Internal access is provided as required ensuring public safety vehicles proper access to this residential area. C. Infrastructure improvements such as gas, electric, sewer and water will be extended to service the site in underground facilities as planned under the Specific Plan. No adverse impacts have been identified based on letters of response from affected public agencies. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: RESOPCTTM 28776-23 Planning Commission Resolution 98- Tentative Tract Map 28776 (KSL Land Corp.) 1. That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does hereby require compliance with those mitigation measures required for Specific Plans 83-002, as amended; 3. That it does hereby confirm the conclusion that the certified Environmental Impact Report for Specific Plan 83-002, as amended, has adequately assessed the environmental concerns of this tentative tract; 4. That it does hereby recommend that the City Council approve Tentative Tract Map 28776 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 City Planning Commission, held on the 261 day of May, 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 RESOPCTTM 28776-23 PLANNING COMMISSION RESOLUTION 98- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 28776 KSL LAND CORPORATION MAY 26, 1998 CONDITIONS OF APPROVAL GENERAL 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. 2. Tentative Tract Map No. 28776 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). 3. This map approval shall expire and become null and void within two years of approval unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 4. 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 • Coachella Valley 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. %ACondTTM28776.wpd(23) Page 1 of 10 PROPERTY RIGHTS 5. 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. 6. 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. 7. 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 alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 8. The applicant shall dedicate 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 9. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 10. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 11. 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) 12. Prior to approval of a final map, 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. 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. UCondTTM28776.wpd(23) Page 2 of 10 IMPROVEMENT PLANS 13. 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. 14. 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. 15. 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 16. 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 approval 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. 17. The applicant shall construct or provide security as part of an executed agreement for construction of a share of the off -site improvements required of this Tentative Map as k:\ComdTTM28776.wpd(23) Page 3 of 10 specified in the Off -site Improvement Phasing Plan being prepared by the applicant at this time of approval of this Tentative Map. 18. 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. 19. 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. 20. 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. Installation of permanent power for landscaping and irrigation improvements in the portion of Madison Street median lying south of this development. 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 21. 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. 22. 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. A:\CondTT1N428776.wpd(23) Page 4 of 10 23. The applicant shall comply with the City's flood protection ordinance. 24. The applicant shall furnish a thorough preliminary geological and soils engineering report (the "soils report") with the grading plan. 25. 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. 26. 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 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. 27. 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 28. The development shall be graded to conform with the approved hydrology report and plan for Specific Plan 83-002, PGA West. 29. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development or on adjacent golf course areas unless otherwise approved by the City Engineer. UTILITIES 30. 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. 31. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to the hardscape improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. k:\CondTTM28776.wpd(23) Page 5 of 10 32. The applicant shall obtain approval from the appropriate Home Owners Association prior to performing any excavation within Southern Hills and Laurel Valley to relocate water and sewer laterals to serve the single family residential lots of this Tentative Map. STREET AND TRAFFIC IMPROVEMENTS 33. The City is contemplating adoption of a revised infrastructure fee 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. 34. The applicant shall construct its share of off -site improvements as specified in the Off -site Improvement Phasing Plan being prepared by the applicant at the time of approval of this Tentative Map in accordance with the General Plan and City standards. 35. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. 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) Collector (>- 300 homes or 3,000 vehicles/day) - 40 feet wide 3) Cul de sac curb radius - 45' Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 36. 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. 37. 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. 38. 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 k:\CondTTM28776.wpd(23) Page 6 of 10 Standard and Supplemental Drawings and Specifications, and as approved by the City Engineer. 39. 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. 40. 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. 41. 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. 42. The applicant shall refurbish the street pavement of Southern Hills and Laurel Valley with a minimum one -tenth foot (0.10') grind and asphalt concrete overlay where multiple excavations occur as a result of abandonment of existing, or installation of new water and sewer laterals. The grinding and asphalt concrete overlay shall extend from curb to curb and encompass all trenches excavated within existing paved street sections. Trench excavation backfill and pavement replacement, grinding, and overlay shall meet the approval of the appropriate Home Owners Association and the City Engineer. 43. 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 Page 7 of 10 A:\CondTTM28776.w1)d(23 ) 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 44. Perimeter walls and 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. 45. The applicant shall install permanent power to landscape and irrigation improvements in the portion of the Madison Street landscape median adjacent to and north of the proposed development. 46. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a landscape architect and be prepared based on the water conservation measures in Chapter 8.13 of the Municipal Code. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation plans shall be submitted to the Public Works Department for review 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. 47. 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. 48. 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 five feet of curbs along public streets. 49. 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. 50. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 51. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition as required by Section 9.60.240 (E3) of the Zoning Ordinance. QUALITY ASSURANCE 52. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. Page 8 of 10 XXondTTM28776.wpd(23) 53. 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. 54. 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. 55. 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 56. 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 57. 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. 58. 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. 59. Plan checking fees shall be paid to the Riverside County Fire Department when plans are submitted for review and approval. FIRE DEPARTMENT 60. Fire hydrants in accordance with CVWD standard W-33 shall be located at each street intersection paced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,500 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. Fire flow and flow duration for dwellings having a fire area in excess of 3,600 square feet shall not be less than that specified in UFC Table A-111-A-1. 1:1CondTTM28776.wpd(23) Page 9 of 10 61. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 62. 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. Plans shall conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed and approved by the 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." 63. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 64. 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. MISCELLANEOUS 65. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 66. Applicable conditions of Specific Plans 83-002 (Amendment #3) shall be met prior to building permit issuance. 67. On -site signs (temporary or permanent) shall comply with Chapter 9.160 of the Zoning Ordinance. 68. Temporary on -site sales facilities are subject the requirements of Section 9.60.250 of the Zoning Ordinance (i.e., Minor Use Permit). 69. The recreation amenities package (i.e., two common pools/spas and two open space areas) shall be constructed prior to occupancy of the tract houses. Phasing of recreation amenities shall be approved by the Community Development Director prior to the issuance of building permits for tract houses. 70. Restroom facilities shall be provided at each common pool and spa complex. Separate restroom facilities shall be accessible to the golf course maintenance workers and gardeners during their working hours. 71. Developer (or property owner) 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. V\CondTTM28776.wpd(23) Page 10 of 10 ATTACHMENTS TENTATIVE TRACT NO. 28776 -- m+c a ieRIIDN a t N mIr a NQ9MOCD r aooi n� °rsan°rsaol�� w � a.c�ciar tp0a�i. to.uNls � Nwlw. NMCi ] us. 9iii sAIeROeio IEwr+ 4�I1L►41A['4 I� Y IRIS 1 lINO11W U - m Gw couR lD1Y • - GOIf COONS[ Mill I=OS O•L -AAtLI BLam pt 1015 i0t i - �bF OwfR A400elIOF t01 IIR(�t 101 - RAm 9 Swu61 IO1 - ICAO Si .Uma IDI - IIAeN s LOT OOIMT A NIOEII OOlECIpa._.�.__ J7 (OP i,QIM) NC2.lYJ.GY rtOt - W1161A WWf InOIR 06INS1 4Y0 - COeOIOL� YYIIY �1FR 061NI.] C6 - fi)I1RR1M Re1tPrN G S WIINUif IOIDtiPE - QIIOML TaAONC RFICIROI] - tliONIL MCeIW OKIRf.T IDL1A9011 - WYG 101Y190N It1] IRIfE iW-BOO-Oi! T.pOIO. 0.10 10YllQ-WI TaIOM OQ] XO-0O-0DI 1NM1W m� i09!]O-Op] t O]O ovmm1 Dk ® L AND CORPORATION x-Ir x• ai.re.a IAINe see -lose 4 yenta cA YRYea ALL INeee see-reo a� na co®sf/tTim,o MDS. wre.r esotslN slwnro WlE PRiDNR[D YARCR /], teYR RMS[D AM 27. I996 An 9n Dmm. DIOR!-er3:DDR sm"" M Wl s Rpslucl i 19�MB fm/aefD) ATi PGA WEST A TENTATIVE MAP A wmm cmacm. (M .-Q - m iO14 C RIS]W LOIS (IO)• .IOC) - ] WR ® IN4IEST IDI W. [Y6tNei COIIIRI4S �r V 061Pm tnMRINS Wt Y WI[ ® iNONSFD a OEVN�OR it lOV OF RING Ii 1C INpt1 P0111 eFAIINIL OIRUE �5— $ SiIIIIIRY Y�f'A SIOIAI ONeR S/f SeRD IRV ltb(.T BOIIxOeIN TRACT No. 2BMD M6 PC. 267 / 8'B. I t[7 ]6D i 31-41 FX6T140 FttSoENTW. T"%ft DR9ss RFC:" PH #2 STAFF REPORT PLANNING COMMISSION DATE: MAY 26, 1998 (CONTINUED FROM 3/24, 4/14 AND 4/28/98) CASE NO: ZONING CODE AMENDMENT 98-060 CHANGE OF ZONE 98-085 REPEAL OF SPECIFIC PLAN 87-009, AND ADOPTION OF VILLAGE DESIGN GUIDELINES REQUEST: 1.) AN AMENDMENT TO THE LA QUINTA ZONING CODE, REVISING CHAPTER 9.65 (VILLAGE COMMERCIAL) TO DELETE SUB -ZONE DESIGNATIONS, AND CONSOLIDATE DEVELOPMENT STANDARDS; 2.) A ZONE CHANGE OVER THE CURRENT VILLAGE BOUNDARY, FROM VC, VN, VP, VS, AND VT TO VC, AND THE EXISTING RESIDENTIAL AREA IMMEDIATELY EAST OF THE VILLAGE BOUNDARY, FROM VR-10,000 TO RL-10,000-17/1, AND; 3.) REPEAL OF THE VILLAGE AT LA QUINTA SPECIFIC PLAN, TO BE REPLACED WITH VILLAGE AT LA QUINTA DESIGN GUIDELINES LOCATION: EXISTING VILLAGE AREA AND EASTERLY RESIDENTIAL TRACT (ATTACHMENT 1). THE ZONING CODE AMENDMENT APPLIES CITY-WIDE. APPLICANT: CITY OF LA QUINTA ENVIRONMENTAL CONSIDERATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS PREPARED ENVIRONMENTAL ASSESSMENT NO. 98-353 FOR THIS PROPOSAL. STAFF RECOMMENDS THAT THE PLANNING COMMISSION CONFIRM THE ENVIRONMENTAL DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR, AND ADVISE THE CITY COUNCIL TO CERTIFY A NEGATIVE DECLARATION FOR THIS PROPOSAL. BASED UPON THIS ENVIRONMENTAL ASSESSMENT, THERE ARE NO POTENTIALLY SIGNIFICANT ADVERSE IMPACTS IN ANY OF THE ISSUE AREAS IDENTIFIED; THE PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. CACorel\Wrkgrp\PCrpt\Pcrptvdg52698.wpd &OZ19111A B The existing Village at La Quinta Specific Plan document was adopted in February, 1988. The content of the plan defines a pedestrian -oriented shopping district, consisting of tourism based retail and service uses, office space, art galleries and accessory residential uses. However, under the plan only about 13,200 square feet of new retail and office space has been constructed since its adoption, including the recently relocated Mario's La Quinta Garden Cafe. The City Council discussed the Village at La Quinta Specific Plan on May 20 and December 2, 1997. The discussion on May 20 dealt with reducing restrictions of the plan, relaxing the regulations and simplifying the development process. The Council gave staff the following direction: 1) Revise the Village at La Quinta Specific Plan and provide some more generalized guidelines; 2) create zoning without any subzones; 3) reduce parking requirements; 4) don't expand the existing boundary of The Village; 5) do some interim infrastructure improvements in the area; and 6) provide options for an exchange for Frances Hack Park, to transform it into a cultural plaza (minutes are at Attachment 2). The approved Capital Improvement Program includes funding for a prototype street and infrastructure improvement project, and staff is discussing the Frances Hack Park issue with the Coachella Valley Recreation and Parks District. The other noted issues are addressed in the attached draft Guidelines and zoning standards. In October 1996, the Chamber of Commerce commissioned students from California State Polytechnic University at Pomona to conduct a design exercise involving The Village area. The study was completed in late July, 1997 with the materials forwarded to the City for review in October 1997. Using the findings and other information from their study, staff developed the proposed Village at La Quinta Design Guidelines based on the approach taken with the Highway 111 Design Theme; to create broad -based guiding policies which are less limiting when applied to potential projects, and allow greater flexibility in project design. The proposed Village at La Quinta Design Guidelines provide a flexible context within which to review any given project in The Village. The boundary of the existing 101-acre specific plan area remains as defined in the plan, and will be subject to the revised VC zoning district regulations. The Guidelines emphasize a pedestrian environment, promotion of a cultural (art -oriented) presence, creation of a unique architectural theme, and other objectives. These are then C:\Corel\Wrkgrp\PCrpt\Pcrptvdg52698.wpd expanded upon under four issue areas; Land Use, Circulation, Site and Building Design and Accessory Provisions, which includes landscaping, lighting, signs and other considerations. REVISED VC ZONING DISTRICT: The VC Zoning District has been revised to eliminate the sub -zone designations and simplify development standards. The new district essentially brings the entire Village area under one set of permitted uses and broad development standards. Development projects would be reviewed under a combined Conditional use and site development permit process, referred to as a "Village Use Permit". The residential area immediately east of this boundary, generally between Desert Club Drive and the Senior Center, will be rezoned from RV-10,000 (Village Residential; 10,000 s.f. minimum lot size ) to RL-10,000/17/1 (Low Density Residential; 10,000 s.f. minimum lot size, 17 foot/one story height limit). Figure 1 shows the areas discussed here. PROJECT NOTICING: Notices of public hearing were prepared, published and mailed out for tonight's meeting as required. Staff received several phone calls, as well as two written responses, which are included as Attachment 3. RECOMMENDATION: 1 . Adopt Planning Commission Resolution No. 98 - , recommending that the City Council certify a negative declaration of environmental impact for Environmental Assessment 98-353. 2. Adopt Planning Commission Resolution No. 98 - , recommending that the City Council repeal Specific Plan 87-009, for The Village at La Quinta. 3. Adopt Planning Commission Resolution No. 98 - , recommending that the City Council adopt design guidelines for The Village at La Quinta. 4. Adopt Planning Commission Resolution No. 98 - , recommending that the City Council adopt a revision to Chapter 9.65 of Title 9 of the La Quinta Municipal Code (Village Commercial). 5. Adopt Planning Commission Resolution No. 98 - , recommending that the City Council approve Change Of Zone 98-085, to re -zone certain real property from VC, VN, VP, VS, and VT to VC, and from VR-10,000 to RL-1 0,000-17/1. CACorel\Wrkgrp\PCrpt\Pcrptvdg52698.wpd Attachments: 1. Map of areas affected by Guidelines and zoning actions. 2. Minutes of City Council meeting from 5/20/97 and 12/2/97. 3. Comments received to date Prepared by: Submitted by: Wallace Nesbit, Associate Planner Christine di lorio, Planning Manager C:\Corel\Wrkgrp\PCrpt\Pcrptvdg52698.wpd Planning Commission Resolution 98 - PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 98-353 ENVIRONMENTAL ASSESSMENT 98-353 VILLAGE AT LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of May, 1998, hold a duly -noticed Public Hearing to consider recommendations on Environmental Assessment 98-353, Repeal of Specific Plan 87- 009, the adoption of Village at La Quinta Design Guidelines, Zoning Code Amendment 98-060 and Change of Zone 98-085; and, WHEREAS, said applications have complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 98-353); and, WHEREAS, the Community Development Director has determined that said applications will not have a significant adverse effect on the environment and that a Negative Declaration of Environmental Impact should be filed; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts, findings, and reasons to justify a recommendation to certify said Environmental Assessment: 1. The proposed Specific Plan repeal and related proposals will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, in that no significant impacts have been identified. 2. The proposed Specific Plan repeal and related proposals will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards. 3. The proposed Specific Plan repeal and related proposals do not have the P:\peresoea353.wpd Planning Commission Resolution 98 - potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposal will not significantly alter the types or intensity of the Village Commercial uses already contemplated in the General Plan. 4. The proposed Specific Plan repeal and related proposals will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that the proposed Guidelines and zoning are a consistent representation of the project type desired in The Village area as long as the current General Plan land use designations are applicable. 5. The proposed Specific Plan repeal and related proposals will not have environmental effects that will adversely affect the human population, either directly or indirectly, as the proposal encourages uses similar to those already assessed under ultimate development of the La Quinta General Plan, and which were addressed in the EIR previously certified for the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: That the recitations are true and correct and constitute the findings of the Planning Commission for this Environmental Assessment. 2. That it does hereby recommend to the City Council certification of Environmental Assessment 98-353 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, attached hereto and on file in the Community Development Department. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 261h day of May, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: P:\peresoea353.wpd Planning Commission Resolution 98 - RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California P:\peresoea353.wpd ENVIRONMENTAL CHECKLIST FORM Environmental Assessment No. 98-353 Case No: CZ 98-085; ZCA 98-060 Repeal of SP 87-009 Adoption of Village at La Quinta Design Guidelines Date: February 6,1998 1. Name of Proponent: City of La Quinta Community Development Department Address: 78-495 Calle Tampico/P.O. Box 1504 La Quinta, CA 92253 Phone: 760-777-7125 (FAX 760-777-7155) Agency Requiring Checklist: City of La Quinta Project Name (if applicable): Change of Zone 98-085, Zoning Code Amendment 98-060; Village Zoning District Consolidation and map changes. The proposed project area encompasses approximately 101 acres, located generally between Eisenhower Drive, Calle Tampico, Desert Club Drive and 52' Avenue. The proposal involves repealing the existing Village at La Quinta Specific Plan (SP 87-009), eliminating the Village Sub -zone districts, rezoning existing residential areas to conform to the 1996 Zoning Code Revision and creating one overall Village Commercial zoning district. This is being done in conjunction with preparation of The Village at La Quinta Design Guidelines. 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 Earth Resources Water 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 v 11 environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project COULD have significant effect(s) on the environment, there will not be significant effect(s) 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 significant effect(s) on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but, 1) at least 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. Signature Date: 2G . / 4 CJ Printed Name and Title: A)4u*cE ✓ i-saif I A3.% cw-rA-m For: City of La Quinta, Community Development Department A:\cklst353.wpd -ii- Potentially Potentially Significant Less Than Significant Unless Significant No Imnact Mitieated Imvact Imnad 3.1 LAND USE AND PLANNING - Would the project: \X\XX \ISMSI Conflictgeneral plan or • • designations? ZINNMI \/�/ NMI b) Conflict with applicable environmental plans or ►/�/ IMI NNMI policies adopted by • " 1 • \/`/�/IMI • / • \/`/`NMI \/�/'/./K/ c) Affect agricultural resources or operations K/ MI impacts to soils or farmlands, or from/�/ \/ \(e.g. NMI land uses)? 0 d) Disrupt or divide the physical arrangement of an established community (including a I w- income or minority community)? POPULATIONincompatible 3.2 1 Would the project: a) Cumulatively exceed official regional or local population projections? NMI K. <1 IM • • • • 1 • ►/�/� \/`/`MR." • • • • • " • / " 1 / / / / \/`/` IM, ♦NNN6 C) Displace existing housing, especially affordable • • ►/� LC LLL EARTH3.3 Would the project in or expose people to potential impacts involving: a) Fault rupture? Seismic ground shaking? ����� 01b) C) Seismic ground failure, including liquefaction? • Seiche, tsunami, or •hazard? • • ' • / • ►/\/X/X/X,� "KMI�/� , f) Erosion, topography changes or unstable soil ZNMIIMI conditions fi-oni excavation, grading or fill? g) Subsidence of the land? ZN'9M9<' ZNMIIMIh) Expansive soils? A:\cklst353.wpd -111- Potentially Potentially Significant Less Than Significant Unless Significant No Imnact Mitieated Imnact Imvact uld the roJectresult in: • WATER - Would 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? f) Change 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? 35 AIR QUALITY -Would the project: . Q J P a) Violate any air quality standard to contribute to 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? Would the - W 3 6 TRANSPORTATION/CIRCULATION • ro 'ect P result in: J a) Increased 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)? AAck1st353.wpd -1v- Potentially Potentially Significant Less Than Significant Unless Significant No c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on or off site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 3.7 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? 3.8 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? 3.9 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)? A:\cklst353.wpd -V- b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazards? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? 3.10 NOISE - Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? 3.11 PUBLIC SERVICES. Would the proposal affect or result in a need for new or altered government services in any of the following areas: 3.12 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: 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 f) Solid waste disposal? A.\cklst353.wpd -vl- Potentially Potentially Significant Less Than Significant Unless Significant No Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact -Elm EM 3.14 CULTURAL RESOURCES. Would the proposal MENEMNIM a) Disturb paleontological resources? b) Disturb archaeological resources? C) Affect historical resources? /�/�/�/�/�/ d) Have the potential to cause a physical change which • 1 affect unique \/�/�/�/�� values? 1 e) Restrict existing religious of sacred uses within the potential impact 3.15 RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? A:\cklst353.wpd -Vll- Potentially Potentially significant Less Than Significant Unless Significant No Impact Mitigated Impact Impad T RY FI DI OF SIGNIFICANCE - 16 MANDATORY FINDINGS 3 • Does the P: r(yect :i4::•ii:•::+�::::;:;::yj$iii:•:�:•::Siiiiii:CC•iiii}iii:•i:•:•>::�i:•i:?::•?:•:•::•:4<ii?iiiiiiii a) Have potential to degrade the quality of the environment, substantially reduce habitat of a fish/wildlife species, cause any fish/wildlife population to drop below self-sustaining levels, threaten to eliminate any plant/animal community, reduce in number or restrict the range of any rare or endangered plant/animal, or eliminate important examples of California history or prehistory? b) Have potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Have impacts that are individually limited, but cumulatively considerable ("cumulatively considerable" means that incremental effects of a project are considerable when viewed in connection with the effects of past, current and probable future projects). d) Have potential for substantial adverse environmental effects to human beings, either directly or indirectly? EARLIER ANALYSES: Earlier analyses may be used where, pursuant to the tiering, program EIR, 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. A:\cklst353.wpd -V111- INITIAL STUDY - ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 98-353 Prepared for: REPEAL OF SPECIFIC PLAN #87-009 VILLAGE AT LA QUINTA REZONING CITY OF LA QUINTA CHANGE OF ZONE #98-085 ZONING CODE AMENDMENT #98-060 Prepared by: Community Development Department City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 March 24, 1998 2 Section 1 2 3 4 TABLE OF CONTENTS Page INTRODUCTION 3 1.1 Project Overview 3 1.2 Purpose of Initial Study 3 1.3 Background of Environmental Review 3 1.4 Summary of Preliminary Environmental Review 4 PROJECT DESCRIPTION 4 2.1 Project Location and Environmental Setting 4 2.2 Physical Characteristics 4 2.3 Operational Characteristics 4 2.4 Objectives 5 2.5 Discretionary Actions 5 2.6 Related Projects 5 ENVIRONMENTAL ANALYSIS 5 3.1 Land Use and Planning 5 3.2 Population and Housing 6 3.3 Earth Resources 6 3.4 Water 7 3.5 Air Quality 8 3.6 Transportation/Circulation 9 3.7 Biological Resources 10 3.8 Energy and Mineral Resources 11 3.9 Risk of Upset/Human Health 11 3.10 Noise 12 3.11 Public Services 12 3.12 Utilities 13 3.13 Aesthetics 14 3.14 Cultural Resources 14 3.15 Recreation 15 MANDATORY FINDINGS OF SIGNIFICANCE 15 EARLIER ANALYSIS 16 C : \C orel\W rkgrp\IAdoc s\ea983 5 3 . wpd SECTION l: INTRODUCTION 1.1 PROJECT OVERVIEW The City of La Quinta is the Lead Agency for project review, as defined by Section 21067 of the California Environmental Quality Act (CEQA). A Lead Agency is the public agency which has the principal responsibility for carrying out or approving a project 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 make a decision on the proposal. 1.2 PURPOSE OF THE INITIAL STUDY As part of the environmental review for the proposed project, the City of La Quinta Community Development Department has prepared this Initial Study. This document provides a basis for determining the nature and scope of the subsequent environmental review for the Village zone change, design guidelines and zoning code revision. The purposes of the Initial Study, as stated in Section 15063 of the CEQA Guidelines, include the following: To provide the City with information to use as the basis for deciding whether to prepare an environmental impact report (EIR) or a negative declaration for a project; To enable the applicant or the City of La Quinta to modify the project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a mitigated negative declaration of environmental impact; To assist in the preparation of an EIR, should one be required, by focusing the analysis on those issues that will be adversely impacted by the proposed project; To facilitate environmental review early in the design of the project; To provide documentation for the findings in a negative declaration that the project 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 Village at La Quinta zoning code revisions and preparation of the Village at La Quinta Design Guidelines (VLQDG) was deemed subject to the environmental review requirements of CEQA in light of its potential project. impacts. The Community Development Department has prepared this Initial Study and addendum for review and certification by the Planning Commission and City Council of the City of La Quinta. C:\Corel\Wrkgrp\liAdocs\ca98353.wpd L 1.4 SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT This Initial Study checklist does not indicate any potential for significant environmental impacts. As a result, specific mitigation measures have not been incorporated, and a Negative Declaration of Environmental Impact will be recommended for this project. 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. 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 and county lands to the south. The City of La Quinta was incorporated on May 1, 1982. The proposed project consists of rescinding the existing Village at La Quinta Specific Plan (VSP) document, originally adopted in February, 1988, and replacing it with Design Guidelines; a revised zoning text is also proposed, which eliminates the existing sub -zone structure. 1 2.2 PHYSICAL CHARACTERISTICS The proposed Village revisions do not include any specific development proposal, nor were they initiated due to discussion and/or submittal of any public or private project. These revisions are prepared to accommodate any potential development proposals in the Village area. The boundary of the existing 101 acre specific plan area remains as defined in the plan, and will be subject to the revised VC zoning district regulations. The residential area immediately east of this boundary, generally between Desert Club Drive and the Senior Center, will be rezoned from RV-10,000 (Village Residential; 10,000 s.f minimum lot size ) to RL- 10,000/ 17/1 (Low Density Residential; 10,000 s.f. minimum lot size, 17 foot/one story height limit). Figure 1 shows the areas discussed here. Tlus is necessary because the rewrite of the VC zone eliminates the VR section of the zoning; it will also make the area consistent with similar lot sizes and configurations on the east side of Washington Street (Desert Club Tract Unit 5), which have the same zoning designation. 2.3 OPERATIONAL CHARACTERISTICS Approval of this project, as proposed, requires the filing of a city -initiated change of zone, zoning code amendment; and the repeal by resolution of The Village at La Quints Specific Plan document, adopted in February 1988. As set forth by the La Quinta Zoning Code, all of the applications will be considered concurrently. The Village at La Quinta Design Guidelines (VLQDG) will be adopted as a resolution action, which will allow revisions to any of it's concepts and provisions to be done more efficiently. C :\Corel\W rkgip\EAdocs\ea98353. wpd 2.4 OBJECTIVES The objective of these revisions is to develop design guidelines for The Village at La Quinta that can be flexibly be applied to any given project design or land use concept. The intent is to encourage development activity in The Village area. 2.5 DISCRETIONARY ACTIONS A discretionary action is an action taken by a government agency (for this project, the government agency is the City of La Quinta) that calls for the exercise of judgment in deciding whether to approve a project. The proposed Village at La Quinta Design Guidelines and related zoning changes will require discretionary approval from the Planning Commission and City Council for the following: • Certification of the Environmental Assessment for the project (Resolution action); • Repeal of the Village at La Quinta Specific Plan (Resolution action); 0 Approval of the Village at La Quinta Design Guidelines (Resolution action); • Approval of the Zoning Code Amendment for the revised Village Commercial District (ordinance action), and; • Approval of the Change of Zone for establishing the Village Commercial District area and removing and replacing the VR zoning designation for the defined area (ordinance action). 2.6 RELATED PROJECTS There are no related projects to this proposal under review at present, beyond those being considered here. SECTION 3: ENVIRONMENTAL ANALYSIS This section analyzes potential environmental impacts associated with the proposal. CEQA issue areas are evaluated in this addendum as contained in the Initial Study Checklist. Under each checklist item, the environmental setting is discussed, including a description of conditions as they presently exist within the City and the areas affected by the proposed project. Thresholds for 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 plant and animal life. Topographic relief ranges from 237 feet below mean sea level (msl) to about 2,000 feet above msl. The Valley is surrounded by the San Jacinto, Santa Rosa, Orocopia, and San Bernardino Mountain Ranges. The San Andreas fault transects the northeastern edge of the Valley. Primary industries are tourism and agriculture. The area is primarily characterized by a low density, resort based land use pattern with several thousand acres in golf course uses. Local Environmental Setting C :\Corel\Wrkgrp\liAdocs\ca98353. wpd C1 The subject area is sparsely developed with various commercial and residential uses, and there is a significant amount of vacant land within the identified boundary of the proposal. The current land use for the area is Village Commercial, which defines a pedestrian oriented shopping district, consisting of tourism based retail and service uses, office space, art galleries and accessory residential uses. Under the existing Village at La Quinta Specific Plan, which was adopted in 1988, only about 13,200 square feet of new retail and office space have been constructed. A Through D - No Impact. The project as proposed is consistent with the current land uses in the General Plan. The La Quinta General Plan allows residential uses to locate in the Village area, and specifies higher density residential in the Urban Mix classification. The proposal will have no conflicts with any environmental policies or plans in effect which would apply to the project area. There are no existing or potential agricultural operations or uses which could be affected in any way by this project; the site has no historical evidence of agricultural use or resource potential. 3.2 POPULATION AND HOUSING Regional Environmental Setting The City's population as of January, 1997 was estimated by the State Department of Finance to be 18,931 persons. It is anticipated that the City's January 1998 estimate will be close to 20,000 permanent population. In addition to permanent residents, the City has approximately 9,400 seasonal residents who spend three to six months in the City (WDL Economic Overview; 1997 Ed.). It is estimated that approximately 30% of all housing units in the City are used by seasonal residents. The average occupancy is 2.85 persons per occupied unit, based on the 1990 Census, but the 1997 State Department of Finance estimates a figure of 3.12. Local Environmental Setting The site is designated Village Commercial (VC) on the City's General Plan Land Use Policy Diagram. To the south is a residential area known simply as The Cove, a 1930's subdivision of approximately 5,000 lots, 90% of which are approximately 5,000 square feet. A through C. No Impact. The project is not anticipated to significantly increase the local population. Development in the Village area will provide housing opportunities, and will attract mostly visiting or existing residents to retail and office uses located within it. Substantial growth in the area is not anticipated, directly or indirectly, as the proposal does not identify infrastructure improvement proposals, in that it deals strictly with design related items. The proposal itself will not exceed any current growth forecasts currently available to or used by the City, nor will it cause any significant change in anticipated growth patterns or numbers, as these forecasts are based on the build out scenarios in the General Plan. The proposal, as stated previously, will provide additional housing opportunity and therefore is not anticipated to displace any existing housing. 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quinta has a varied topography, from gently sloping alluvial fans, steep hillside, to relatively flat desert floor. The alluvial soils that make up most of the City's soil types 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, due to the alluvial deposits from C:\Corel\Wrkgrp\FAdocs\ea98353.wpd 7 tributary drainage areas of the mountains. Local Environmental Setting The site is approximately 40 feet above sea level, and consists of Myoma and Indio series soils. These soil types generally are well drained, with moderate to rapid permeability. Myoma soils are commonly used for homesites and other urban uses, while Indio series are considered prime agricultural soils by the State SCS (LQGP Final EIR 1992). There are no agricultural uses in operation in the area, about 21 acres of non- commercial producing date palm grove was removed within the last year. The site is located within a Ground shaking Zone 3, referenced as a moderate level of shaking activity. There are no active faults in the area, inferred faults show no evidence of Holocene activity, i.e., within the last 11,000 years (La Quinta MEA; 1992). A, B, C - Less Than Significant Impact. The project will not present any additional exposure to geologic hazards associated with fault rupture, as only inferred fault traces have been identified in proximity to the site. The site is not within an Alquist-Priolo Special Studies Zone, and surface rupture due to faulting is not considered a significant hazard, due to the absence of known active faulting within the City boundaries (LQGP Final EIR 1992). The existing physical conditions in the area will not be changed in a manner which would create any impacts beyond those associated with development of the site in accordance with the General Plan, the current Village zoning districts or the proposed VLQDG and zoning revision. The project is located in a Ground shaking Zone 3, associated with moderate impacts from seismic activity. As a result, the site is potentially subject to some ground shaking effects associated with earthquake activity on outlying faults. Impacts involving potential seismic activity also relate to possible risk associated with upset conditions. The soil characteristics indicate that ground failure due to such activity is minimal, based on its use in urbanized development and the condition of existing buildings in the area. There are some historic and substandard structures in the Village area which will require seismic retrofitting for their reuse. Liquefaction potential is negligible, as the Village area is not identified as subject to such potential (LQMEA; 1992). D Through I - No Impact. There is no potential for seiche, tsunami or volcanic activity. The site is level and not subject to slide or mudflow impacts. The La Quinta Evacuation Channel does not affect property adjacent to it during drainage flows (LQMEA). There will be some change in surface features due to project grading on a site -specific basis, as growth in the area occurs. Such changes will only affect stability of the site where the natural substructure is modified due to development. Relief throughout the project area is minimal. Soil erosion potential will increase due to loosening and movement of soil material during development. Standard erosion control and soil management methods as identified in project soil reports, and addressed in grading plans required for project sites, will ensure that such impacts are mitigated based on the level of individual development impact, as identified during project review. Soil instability and expansion generally do not occur within the City due to the physical nature of the underlying geology and sand soil units (LQMEA). There are no unique geologic or other physical features in the Village area. 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) and groundwater basins separated by bedrock or layers of soil that trap or retain groundwater. Water supplies are also augmented with surface water from the Colorado River transported via the Coachella Canal C:\Corel\Wrkgrp\FAdocs\ea98353.Nvpd and stored at Lake Cahuilla. Percolation from the tributaries of the Whitewater River flowing into La Quinta from the Santa Rosa Mountains provide a natural source of groundwater replenishment. Local Environmental Setting The Village area is protected from design storms by the La Quinta Evacuation Channel flood control facility and Bear Creek Channel improvements completed in 1987. The site is particularly level and, while soil characteristics indicate well drained soils, frequent widespread ponding usually occurs even during moderate rainfall. The site is designated Zone AO on the federal Flood Insurance Rate Maps in effect for the area, subject to inundation of one to three feet, based on 100 year flood events (LQMEA). A, C Through H. No Impact. Current runoff rates will be significantly increased due to pad, building and hardscape area development associated with individual projects. The implementation of the zoning revisions and Guidelines will not alter the occurrence of these impacts; they will occur with or without them. If the proposed revisions are implemented, they may increase the rate of growth in the area. Compliance with NPDES requirements attached to all future project permitting will ensure that storm water runoff associated with the project's development will not create any measurable impact to water quality, quantity or hazards. B - Less Than Significant Impact. The area is currently protected from flood impacts by existing flood control facilities, specifically the Bear Creek Flood Control and La Quinta Evacuation Channels. Developments in the project area will be required to provide adequate storm water protection on site to mitigate flooding impacts to any surrounding properties. No surface waters exist in the area which could be affected by the project's development; the CVWD does not permit discharge of project runoff into their facilities, but it is conceivable that some discharge will enter the La Quinta Evacuation Channel. However, as the Channel is maintained in a natural state it is not anticipated that any runoff which may enter it would cause a significant impact, such runoff will likely be limited to nuisance water from irrigation activities and impervious area runoff, or occasional breaks in irrigation systems. 3.5 AIR QUALITY Regional Environmental Setting The Coachella Valley is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD), and is located in the Southeast Desert Air Basin (SEDAB). SEDAB has a distinctly different air pollution problem than the South Coast Air Basin (SOCAB). Currently, the SEDAB does not meet federal standards for ozone, carbon monoxide, or particulate matter. Local Environmental Setting The City 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. In the Coachella Valley, the standards for PM 10 are frequently exceeded. PM 10 is particulate matter 10 microns or less in diameter that become suspended in the air primarily due to winds, grading activity, and by vehicles on unpaved roads. The Valley is currently designated by the EPA as a serious non -attainment area for PM 10, however SCAQMD anticipates that recent data will show that the Valley has been in attainment over the last three years. Based on this, SCAQMD has prepared and adopted a PM 10 Maintenance Plan in order to have the area redesignated to attainment status. C:\Corel\Wrkgrp\FAdocs\ea98353. wpd E A Through D. No Impact. An air quality analysis was not conducted, as development activity under the proposed guidelines and zoning will not vary from development under the current regulations. The land use and permitted uses proposed do not differ such that there can be any reasonably foreseeable impact above the current condition. Although ultimate development of the Village area will have some impact to air quality, that impact will not be significant as it will not be substantially different from development that will eventually occur under current conditions and the General Plan. Several General Plan policies promote the concept of pedestrian accessibility and alternative travel modes, which assist in both air quality and circulation impact mitigation (Policies 9-2.1.2, 9-2.1.3, 9-4.1.4). The proposed Village at La Quinta Design Guidelines provide several pedestrian circulation and design concepts which are intended to guide development proposals in the Village area. Such development will create both long term and short term air quality impacts, and will be assessed for their impact on an individual project basis. However, it is anticipated that such impacts will be negligible. Any residential uses in the Village area can be considered a sensitive receptor for pollutants to a limited degree, but this exposure is not anticipated to be significant. Typical such receptors include hospitals, schools, retirement communities and congregate care facilities, etc. The nearest non-residential sensitive receptor is an elementary school, located immediately northeast of the Village boundary. Residential receptor areas exist surrounding the Village area to the west, south and east. The proposed guidelines and zoning revisions have no potential to effect any climatological change or objectionable and/or possibly unhealthful odors. The intended scale and development intensity envisioned by the proposal would support a determination that there is no basis for anticipating any more than negligible impacts to air quality due to the proposal. 3.6 TRANSPORTATION/CIRCULATION Regional Environmental Setting The City's existing circulation system is a combination of early roadwork constructed by Riverside County and new and resurfaced roadways since incorporation of the City in 1982. Key roadways include State Highway 111, Washington Street, Jefferson Street, Fred Waring Drive, Miles Avenue and 50th Avenue. Traffic volumes in La Quinta experience seasonal variation; late winter/early spring months represent the peak tourist season. Local Environmental Setting The Village area is serviced by a street network developed in the early 1930's. There are several intersections with too many legs, improper alignments and inadequate spacing. The configuration and ownership patterns associated with area properties show that it would be infeasible to completely redesign the existing street network. The La Quinta General Plan establishes a minimum Level of Service (LOS) "D" for all intersections during A.M. or P.M. peak hours without adequate mitigation. LOS is a hierarchical classification of qualitative measures of traffic flow, ranging from A (free flow) to F (unacceptable saturation). A, B - Less Than Significant Impact. The development of The Village area will create increased trips and congestion, whether the status quo is maintained or the proposed Guidelines are established. This type of growth impact due to buildout conditions are recognized in the certified Final EIR for the La Quinta General Plan. The 1988 Village at La Quinta Specific Plan document (the plan) projected that ultimate buildout of the Village area would result in over 41,000 ADT. It is estimated that currently there are approximately 81,200 square feet of office space, 21,500 square feet of retail, and 19,400 square feet of restaurant uses in the Village C:\Corel\Wrkgrp\FAdocs\ea98353.wpd 10 boundary, for a total of 122,100 square feet. Using the latest CVAG TUMF Handbook (amended 2/23/98) to estimate current ADT rates, the number associated with the current building area is 8,368 ADT. The design features of the proposed Guidelines will not create any safety hazards. It is proposed that pedestrian walkways would be distributed throughout the project area, along with typical street sidewalks. These would be located based on each project's design and layout. Parking is proposed to be limited to rear and side areas of projects, and to on -street parking areas. The Guidelines reference the use of traffic "chokers", curb bulbs, and other street calming techniques which serve to narrow streets at intersections and at entries to other areas of potential conflict, such as where on -street parking occurs. This serves to slow traffic entering these areas and provide better delineation of on -street parking areas. When incorporated into the sidewalk pattern, these bulb areas also reduce the width of the street at pedestrian crossings. Other traffic safety improvements as typically required of new development, as it occurs in the Village, will also mitigate routine traffic hazard impacts commonly associated with such development. Incorporation of these techniques and required improvements, even to a minimal level, should improve the overall safety level of the Village area intersections and street pattern. C Through G - No Impact. The proposed Guidelines should have no impact on emergency or other access - related issues. Any Village development under the Guidelines should actually improve the existing conditions, which do not reflect any existing access problems beyond those associated with the intersection and street pattern conditions previously identified. Parking capacity will be determined on a site -specific basis, but it is not anticipated that reductions to parking requirements in the Village Commercial zoning district revision will have any significant impact to area parking under current conditions. The Guidelines propose pedestrian - friendly concepts to improve pedestrian circulation and accessibility; it is anticipated that traffic calming and the general intent of reducing automobile oriented development (parking reductions, etc.) should also reduce hazards to bicycle traffic. It is unlikely that any project in the Village area would be required to provide for alternative transportation infrastructure, or to submit a Transportation Demand Management (TDM) plan, based on the scale and intensity of development anticipated. The site is not proximate to, nor is it affected by, water, air or rail traffic. 3.7 BIOLOGICAL RESOURCES Regional Environmental Setting The City of La Quinta lies within the Colorado Desert. Two ecosystems are found within the City; the Sonoran Desert Scrub and the Desert Transition. The disturbed environments within the City are classified as urban or agricultural. A discussion of these ecosystems is found in the LQMEA. Local Environmental Setting The Village area is characterized by vacant and developed lands, with a significant amount of urbanized area relative to potential biologic habitat. The native vegetation is desert scrub, but due to the scattered development patterns of the area and its urban character there is little undisturbed vegetation. There are no riparian/wetland habitats or streambeds on the site. The LQMEA identifies the entire Village area as within the range of the California Ditaxis, and portions of the Village are within the outer range of the Coachella Valley Fringe -Toed Lizard (CVFTL), for which a federal l0A permit was obtained pursuant to adoption of the CVFTL Habitat Conservation Plan (HCP). A Through D - No Impact. There is little to no potential for wildlife habitat to exist in the Village area due C ACore1\Wrkgrp\EAdocs\ea98353. wpd 11 to its urban characteristics. The range of the Coachella Valley Fringe -Toed Lizard (CVFTL) is identified as extending into the area, but the topographic and physical makeup of area soils and vegetation, in combination with existing urban development and influence, indicate that it is unlikely for this species to inhabit the area. The CVFTL Habitat Conservation Plan (HCP) also does not include the Village area within the habitat mitigation fee area as delineated. The California Ditaxis was considered a Species of Special Concern at the time of completion of the LQMEA and the General Plan. This is a non -listed status, and the species has not been sighted within it's identified range since 1984. The City has not required any mitigation related to this species in the past. No wetland areas are shown to be on or traverse the Village, and the existence of an established road system, a major drainage channel facility, school facility, scattered commercial land use and surrounding golf and residential development precludes any potential migration or dispersal of any wildlife. 3.8 ENERGY AND MINERAL RESOURCES Regional Environmental Setting La Quinta contains both areas of insignificant and significant Mineral Aggregate Resources Areas (SMARA), as designated by the State Department of Conservation. There are no known oil resources in the City. Energy resources used in the City come from the Imperial Irrigation District and Southern California Gas Company. Local Environmental ,Setting The site does not lie within an identified area sensitive to mineral resources. Soils within the site consist of Myoma and Indio series; these soils are well -drained and permeable, and can be used for agricultural uses; Indio soils are considered to be prime agricultural soils in the State Soil Classification System. The Village area has been a commercial/retail land use district through most of its history, with no mining or similar activities having ever occurred. A, B - No Impact. Adoption of the proposed Guidelines, zone change and zoning revision has no potential to impact energy or mineral resources in any manner which could be considered wasteful. Construction within the Village area will be required to meet State energy standards as typically enforced by the Building and Safety Department, and to comply with conservation policies as established in the La Quinta General Plan. 3.9 RISK OF UPSET/HUMAN HEALTH Regional Environmental Setting Although large scale, hazardous waste generating employment is not yet located within the Coachella Valley, the existence of chemucals utilized in dry cleaning operations, agricultural operations, restaurant kitchen cleaning, landscape irrigation and exposure to large scale electrical facilities may post significant threats to various sectors of the population. Currently, there are no hazardous disposal waste sites located in Riverside County: transportation of such materials out of and through La Quinta takes place. Local Environmental Setting The Village area is characterized by vacant and developed commercial land uses, and has not been used for any type of manufacturing or similar use in the past. The commercial uses in the Village boundary are primarily offices, food services and some retail. Two fuel dispensing facilities, one with minor auto repair capability, are located in the Village area; these constitute the most significant risk potential. A Through E - No Impact. There is extremely limited potential risk of explosion and/or release of hazardous substances due to the project; any such risk is primarily associated with potential natural disaster or accident C :\C orel\W rkgrp\l?Adocs\ea9 83 5 3. wpd 12 such as fire, chemical spill, etc. that would not be directly related to this proposal. Adoption and implementation of the proposed Guidelines and zoning revision do not have any potential to interfere with emergency response plans/programs, based on the nature of the project land use. It also is not considered capable of creating any health hazards, as there are no changes to permitted uses or proposed changes to area land use patterns. The site is not in an area susceptible to increased fire hazards relative to brush, grass or trees, as minimal susceptible vegetation exists in the immediate area or on the site that is in a flammable state, primarily due to area development patterns. 3.10 NOISE Regional Environmental Setting Noise levels in the City are created by a variety of sources in and near the City. The major sources include vehicular noise on City arterials and Highway 111, and temporary construction noises. The ambient noise levels are dominated by vehicular noise along the Highway and major arterials, but can be impacted by aircraft noise from Bermuda Dunes and Thermal Airports, usually of a short duration. Local Environmental Setting Primary noise sources in the subject area are associated with vehicle traffic within and surrounding the Village area. The property development patterns in the area do not currently constitute a significant source of noise. Commercial land uses in the Village are of a low intensity and not significant noise generators; there are several residential areas in and around the Village boundary which are considered as noise sensitive. A, B - No Impact. No significant increases in noise levels are anticipated due to the proposal. Any increases will be incremental as development occurs, and are to be anticipated with any growth permitted under the General Plan. Roadway noise will increase as traffic volumes increase. The majority of the traffic volume in this area is and will continue to be related to established residential and commercial projects around the Village, such as the La Quinta Village shopping center, The Seasons residential project, the DSUSD elementary school site and continuing development in the La Quinta Cove, The Tradition and other residential areas. Most of the project's on -site uses will be minimal sources of noise, with recreation and/or entertainment based uses probably the greatest noise generators. It is not anticipated that the additional volumes attributable to the type of development expected in the Village will create any significant increases in noise levels from this source. The anticipated noise levels are not expected to impact existing or future land uses in the immediate area. 3.11 PUBLIC SERVICES Regional Environmental Setting Law enforcement services are provided to the City through a contract with the Riverside County Sheriff's Department. Fire protection service is provided to the City by Riverside County Fire Department. The Fire Department administers two stations in the City; Station #32 on Frances Hack Lane, and Station #70, at the intersection of Madison Street and Avenue 54. Paramedic services are provided by Springs Ambulance Service. Local Environmental Setting Riverside County Fire Station #32 is located immediately south of the Village area, and Station 470 is approximately 3 miles southeast of the project area. Station #31 is located in Bermuda Dunes on 42nd Avenue at Adams Street, approximately 5 miles north of the project site. The Sheriffs office maintains a check -in facility in the City's Emergency Operations Center at City Hall. Other governmental services in La Quinta are provided by City staff at the Civic (City Hall)and Senior Centers. The La Quinta branch of the County library C:\Wrkgrp\FAdocs\ea98353.wpd 13 system operates out of a 2,800 square foot office on Calle Estado. The La Quinta Chamber of Commerce staffs an office in the Plaza La Quinta Center on Highway 111. Health care services are provided in the City through JFK Memorial Hospital in Indio, and the Eisenhower Immediate Care Clinic located in the One -Eleven La Quinta Shopping Center. A Through E - No Impact. The proposal will have no impact to public services, as the Guidelines and associated zoning revisions do not substantially alter planned land use, circulation patterns, permitted uses and other factors which could impact public services. All necessary public services can be and are being provided to the Village area; it is not anticipated that the proposal's implementation will alter existing levels of public service. The Desert Sands Unified School District maintains that all new development valley -wide places additional demand for school facilities and services which they are currently unable to provide. At present, the only feasible mitigation available is through school fees and land dedication requirements. Projects proposed and approved under the Guidelines and revised zoning will have to pay school fees as established by Desert Sands Unified School District at issuance of building permit(s). 3.12 UTILITIES Regional Environmental Setting The City of La Quinta is served by the Imperial Irrigation District (IID) for electrical power supply and the Southern California Gas Company (SCG) for natural gas service. General Telephone Exchange (GTE) provides telephone services for the City. MediaOne provides 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. The City's stormwater drainage system is administered by 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 Setting The Village area is currently served by all required utilities, but at varying service levels. Street and flood control improvements have been partially constructed or are in place around the Village, but little work has been accomplished within the actual Village area boundaries. Sewer and water lines are generally undersized or deficient in some areas. Utility thank extensions and connections will be necessary to develop any properties in the Village area. A GTE switching facility is partially within the Village boundary on the east, at Desert Club Drive and Avenida La Fonda. A Through F - No Impact. As development occurs in the Village, development interests (public and private) will be required to extend, improve and connect to utilities. These requirements are generally not affected by design and planning documents such as the proposed Guidelines and Village zoning revisions. It is not anticipated that the proposed Guidelines and zoning revisions will create need for new or substantially altered systems when compared to development under existing conditions. Individual projects will be reviewed for their respective impacts and required to mitigate those impacts as appropriate. C:\C orel\ W rkgrp\F:Adocs\ca98 3 5 3. wpd 14 3.13 AESTHETICS Local Environmental Setting The City of La Quinta is partially located within a desert valley cove. The Santa Rosa and Coral Reef Mountains exist to the south and west of the City, with some limited views to the north of the Indio Hills. Views of the desert and surrounding mountains are visible on clear days throughout most of the City. The Village area has some of the best overall Citv viewsheds of the Santa Rosa and Coral Reef mountain ranges. A - Less Than Significant Impact. Impacts on scenic vistas relate primarily to building height. The Guidelines allow two stories for structures, and proposes that height should generally peak in the main commercial area in and around Calle Estado and La Fonda. These heights could cause impact to the views currently available in the Village area. The current zoning allows four of the five sub -zones 30 to 35 feet in height, not to exceed two stories. It also allows architectural projections to extend up to 40 feet, depending on the sub -zone. The revisions to the VC zoning district as proposed will eliminate the sub -zones and relate the entire Village area to the proposed 2-story/35 foot building height. It is anticipated that review of Village area projects will ensure minimization of the visual impact of structures against the mountain backdrops. B, C - No Impact. There is no evidence that the project could produce any demonstrable negative effects, from an aesthetic point of view. The architectural, building and site design components of the proposed Guidelines are based on the existing specific plan for the Village, and as such they are generally consistent with the City's adopted General Plan and policies of development. There are no aspects of the proposed Guidelines which could compromise the aesthetic standards maintained by the City; their intent is to improve aesthetic qualities of proposed development projects in the Village area. Overall, development in accordance with the proposal will create some additional light and glare, but no more than is anticipated due to any development under current regulations. Current land uses in the Village area are primarily commercial and will not be impacted by lighting associated with future projects in the Village area. The City has adopted a "Dark Sky" ordinance which regulates lighting types and shielding characteristics. Landscaping and other lighting plans will be reviewed during the project design review process, to be consistent with the Outdoor Light Control provisions of the Zoning Code for height, shielding and lighting type. 3.14 CULTURAL RESOURCES Regional Environmental Setting The most likely locations of prehistoric cultural resources in the La Quinta area are along the foothills. The settling of the La Quinta area has been chronicled by the La Quinta Historical Society in several publications and museum exhibits. There are 13 designated historical structures and sites recorded on the California Historic Resources Inventory. These resources are listed in the La Quinta General Plan. Local Environmental Setting The Village is a developing urbanized commercial area. Four local historic structures exist within the area boundary; the Kiener lumber yard and office building at 77-895 Avenida Montezuma, the existing El Ranchito restaurant/Tri-State Engineering office building at 78-039 Calle Estado, the La Quinta Real Estate office at 78-023 Calle Estado and the La Quinta Historical Society Museum at 77-835 Avenida Montezuma. The Village area is generally barren of any significant topographic or other features (Detailed information on historic resources throughout the City are contained in the City of La Quinta Historic Resources Survey dated October 1, 1997 and prepared by Mellon and Associates). C:\Corel\Wrkgrp\l;Adocs\ea98353. wpd 15 A, B, C - Less Than Significant Impact. The northeasterly portion of the Village area boundary is within the limits of the ancient lakebed of Lake Cahuilla, as indicated on the lakebed delineation map on file in the Community Development Department. Projects proposed in these areas may be required to perform preliminary paleontologic and archaeologic investigations, depending on record search results, to determine the impact potential associated with any given site. There are historic structures present in the Village area, any development proposed in conjunction with alterations to such structures will be subject to review by the Historic Preservation Commission, in accordance with associated state and local policies and procedures for rehabilitation of historic buildings. D, E - No Impact. Development within the Village area has no potential to affect any known cultural values, and no existing religious uses are associated with the site. 3.15 RECREATION Local 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 contains approximately 28.7 acres of developed parkland for Quimby Act purposes. There are also bike and equestrian pathways and trails within the City and designated pedestrian hiking trails. The Frances Hack Park is located in the Village area along Avenida Montezuma, immediately east of its intersection with Eisenhower Drive. The park is approximately 2 acres. The City is currently constructing a public pool with associated facilities at Fritz Burns Park, which is at the southeast corner of Avenida Bermudas and 52"d Avenue, just south of The Village boundary. A, B - No Impact. The proposed Guidelines and Village zoning revisions are not expected to affect recreational facilities or existing recreational opportunities. The existing Frances Hack Park has hosted several special events in the past, and provides adequate parkland and other recreational and open space needs for the area residents. It is not anticipated that the demand from this project for off -site recreational opportunities, such as City -sponsored recreation -oriented classes and activities, regional park space, etc., will be other than negligible. SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE No significant or potentially significant impacts were associated with the proposed Village at La Quinta Design Guidelines, Village Commercial zoning text revision and rezoning actions, and the repeal of the existing Village at La Quinta Specific Plan, #87-009. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines and based on the results of this environmental assessment: a) The proposed Guidelines and related zoning actions will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards. The project has not been identified as having the potential to eliminate any important example of California prehistory; C:\Corel\Wrkgrp\EAdocs\ea98353.wpd 16 however, investigations of the site will be conducted as part of any projects proposed in the Village area to identify any localized impacts and appropriate mitigation alternatives. b) The proposed Guidelines and related zoning actions will not have the potential to achieve short term goals, to the disadvantage of long term environmental goals. The proposed project will have no additional impact potential beyond those related to Village area development as already contemplated in the General Plan. c) The proposed Guidelines and related zoning actions will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that the proposed project, whether approved or not, is of a similar development intensity to those uses anticipated to be proposed for the Village project area under the current General Plan land use and zoning designations. d) The proposed Guidelines and related zoning actions will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project does not contemplate uses at a substantially revised intensity than those already assessed under ultimate development of the La Quinta General Plan, and which were previously addressed in the EIR certified for the General Plan. SECTION 5: EARLIER ANALYSES A. Earlier Analyses Used. The following documents were used and/or referred to in the preparation of this assessment: • La Quinta General Plan Update; October 1992 • La Quinta Master Environmental Assessment; October 1992 • Final EIR La Quinta General Plan Update, October 1992 • Village at La Quinta Specific Plan, adopted February 2, 1988 • Environmental Assessment #88-094, prepared for rezoning of the Village at La Quinta Specific Plan area, certified May 2, 1989 • Coachella Valley Association of Governments; TUMF Handbook, adopted July 1, 1989 and as amended February 23, 1998 • Coachella Valley Fringe -toed Lizard Habitat Conservation Plan; U.S. Fish and Wildlife Service, June 1985 • Wheeler's Desert Letter; Economic Overview of the Coachella Valley, 1997 Edition, Vol VII, June 1997 • City of La Quinta Historic Resources Survey, October 1, 1997; Mellon and Associates These and various other documents on file with the Community Development Department were referred to in the preparation of this Initial Study. B. Impacts Adequately Addressed. As it was determined that no significant impacts can be anticipated C :\C orel\Wrkgrp\EAdocs\ea98 3 5 3 . wpd 17 due to adoption and implementation of this proposal, there are no environmental issues which can be addressed at this time. C. Mitigation Measures. No mitigation measures are proposed in conjunction with this project; therefore, a Mitigation Monitoring Plan (MMP) is not required. Prepared by: Date: 9- ZY-98 Wallace H. Nesbit Associate Planner C:\Corel\Wrkgrp\FAdocs\ca98353.wpd Planning Commission Resolution 98 - PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THE REPEAL OF SPECIFIC PLAN 87-009, FOR THE VILLAGE AT LA QUINTA REPEAL OF SPECIFIC PLAN 87-009 VILLAGE AT LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26"' day of May, 1998, hold a duly -noticed Public Hearing for consideration of a recommendation to repeal Specific Plan 87-009; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 98-353); and, WHEREAS, the Community Development Director has determined that the repeal of Specific Plan 87-009 will not have a significant adverse effect on the environment and that a Negative Declaration of Environmental Impact should be filed; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify a recommendation to repeal said Specific Plan: 1. The proposed Specific Plan repeal will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, in that no significant impacts have been identified. 2. The proposed Specific Plan repeal will not have the potential to degrade the quality of the environment, as the repeal action does not involve physical development, nor is it anticipated to significantly affect existing patterns or trends in the Village area's development. 3. The proposed Specific Plan repeal does not have the potential to achieve short- term environmental goals, to the disadvantage of long-term environmental goals, as the proposal will not alter the types or intensity of the Village P:\peresorepeal.wpd Planning Commission Resolution 98 - Commercial uses already contemplated in the General Plan. 4. The proposed Specific Plan repeal will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, as repealing the Specific Plan will not create any physical environmental impacts. The proposed Guidelines and zoning are a consistent representation of the project type desired in The Village area as long as the current General Plan land use designations are applicable. 5. The proposed Specific Plan repeal will not have environmental effects that will adversely affect the human population, either directly or indirectly, as the proposed Guidelines and Zoning revisions encourage uses similar to those already assessed under ultimate development of the La Quinta General Plan and for The Village at La Quinta Specific Plan, and which were addressed in the EIR previously certified for the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the recitations are true and correct and constitute the findings of the Planning Commission for this Specific Plan repeal action. 2. That it does hereby recommend to the City Council repeal of Specific Plan 87- 009 for the reasons set forth in this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 26th day of May, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: P:\peresorepeal.wpd Planning Commission Resolution 98 - RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California P:\peresorepeal.wpd Planning Commission Resolution 98 - PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING ADOPTION OF THE VILLAGE AT LA QUINTA DESIGN GUIDELINES VILLAGE AT LA QUINTA DESIGN GUIDELINES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of May, 1998, hold a duly -noticed Public Hearing for consideration to recommend adoption of The Village at La Quinta Design Guidelines; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 98-353); and, WHEREAS, the Community Development Director has determined that said Guidelines will not have a significant adverse effect on the environment and that a Negative Declaration of Environmental Impact should be filed; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify a recommendation to adopt said Guidelines: 1 . The proposed Village at La Quinta Design Guidelines are consistent with the goals, objectives and policies of the La Quinta General Plan, as they incorporate the General Plan land use and design concepts as stated therein. 2. The proposed Village at La Quinta Design Guidelines will not have the potential to degrade the quality of the environment, as The Village area, under the Guidelines, will not be developed in any manner inconsistent with the General Plan and other current City standards. 3. The architectural design aspects proposed by the Guidelines are compatible with the type and quality of design prevalent in the City and desired for development in The Village area. 4. The proposed Village at La Quinta Design Guidelines will not have impacts P:\peresovdg526.wpd Planning Commission Resolution 98 - which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that the proposed Guidelines are a consistent representation of project types desired in The Village area under the current General Plan land use designations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1 . That the recitations are true and correct and constitute the findings of the Planning Commission for the proposed Guidelines. 2. That it does hereby recommend to the City Council adoption of The Village at La Quinta Design Guidelines for the reasons set forth in this Resolution, and incorporated as Exhibit attached hereto. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 261h day of May, 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:\peresovdg526.wpd i AMSISAWSAFFIV-SHIAES Prepared by: Community DeYelopment Department MAf��YIbYTS 1. INTRODUCTION 1 LA OVERVIEW 1 I.B GOALS AND GUIDING PRINCIPLES 2 11. VILLAGE AT LA OU/NTA DES/GN GU/DEL/NES 3 II.A. LAND USE 3 I1.B. CIRCULATION CONSIDERATIONS 5 1. Vehicle Traffic and Parking 5 2. Pedestrian Movement 7 II.C. SITE AND BUILDING DESIGN 9 1. Building Character 9 2. Site Design and Activity Space l 1 II.D. ACCESSORY PROVISIONS 12 1. Streetscape 12 2. Signing 13 3. Lighting/Landscaping 13 REFERENCES 15 APPENDIX 16 . INTRODUCTION his document provides a flexible and positive approach to regulating development in The Village area. Khen looking at The Village, there are several problems which relate primarily to ,he size of parcels and the existing street )atterns in the area. There are a myriad of of sizes and configurations, which make it fiffcult to apply some of the most basic zoning standards, such as setback, parking ind lot coverage requirements. In addition, :he existing circulation system incorporates ogs, intersections and access situations Nhich are not conducive to typical )roperty development requirements. -lowever, site design and development ;olutions set forth by these Guidelines can ;erve to build on the positive attributes in :he Village, such as climate, ambiance and :he natural views afforded the area. LA. Overview 0 ver the past several years, there have been numerous discussions on many different levels, involving the City Council and 'tanning Commission, City staff, residents, 3roperty owners, realtors and business nterests, regarding development potential n The Village and what the area identity ihould be. The common theme continues )e 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. LB. Goals and Guiding Principles GOAL; Establish The Village at La Quinta as a mixed -use area, providing a wide range of residential and commercial opportunities. 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. GOAL; Promote the presence and awareness of artistic and cultural influences in The Village environment. Principle - Focus efforts of the Arts in Public Places Program into The Village area. Principle - Encourage public and private open spaces which can accommodate artistic displays, shows, and similar events. GOAL: Create a sense of design, scale and place that will lend itself to The Village environment. Principle - Provide for active and passive pedestrian space, street furniture, traffic -1- -2- alming techniques and similar methods to ,nhance the concept of a Village ,nvironment. 'rinciple - Prepare building, architecture ind site design guidelines which promote Fhe Village concept and allow flexibility in )roject proposals and staff direction to applicants in achieving a sense of that :oncept. I. VILLA GE DESIGN GUIDELINES //,A. LAND USE These Land Use Guidelines have been ieveloped based on La Quinta General 'Ian policies and other documents as listed ender References. The Village area covered by these Guidelines shall be as shown on the area map in this document (Figure 1). Village land uses shall 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 shall locate above commercial uses in common buildings, or stand-alone multi- family residential buildings. • Mixed -use development projects are defined as commercial office/retail, along with residential uses, as part of one project site or building. • Retail mixed -use projects are not subject to any floor/area ratio (F.A.R.) or lot coverage standards. The intensity of the commercial component and residential density shall be determined on a site -specific basis, under the Village Use Permit process. • Multi -story commercial retail/office projects shall generally locate office uses on upper floors, but will be reviewed on a site -specific basis. • Land uses which encourage entertainment, artistic displays and other interactive components as part of the primary use are desirable. • 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. -3- -4- 11111111111 mil ■ kttached as the Appendix to these guidelines are excerpts from various Design documents, which visually represent �ome of the concepts referred to. //. B. C/RCULA T/ON CONS/DERA TONS Many circulation issues can be directly elated to street improvements and design Ateria that cannot be addressed in a ;eneralized planning guidance document. lowever, there are many aspects of site iesign that can impact circulation patterns ind can be addressed to a certain degree. 1. Vehicle Traffic and Parking Development projects shall address the feasibility of vacating unnecessary street and alley rights -of -way, especially relating to potential adaptive reuse as pedestrian and/or bike access, on -street parking, etc. Right-of-way abandonment and merger of lots shall 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. -5- • Both City and private streetscape projects shall 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., shall be addressed by all private and public development projects. • Alleys used for vehicles shall 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, shall 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 bank building at the intersection of Calle Estado and Avenida Bermudas, shall be discouraged. • The City shall establish design standards for special sidewalk and pedestrian street crossing treatments and materials. • All development projects, public -6- 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 shall not be located in the front of buildings, but to the rear and sides to allow integrated shared parking areas between structures and open up the street frontage to pedestrian access and outdoor activities. Parking areas shall be clustered whenever possible, any off-street parking not provided on -site shall be located in designated City (public) parking areas to achieve this. Where feasible and appropriate, on -street parking may be credited toward meeting off-street parking requirements. 2. Pedestrian Movement • Public and private projects shall provide a clear delineation of all pedestrian circulation areas. • Adequate shading, through landscaping or building design features, for pedestrians along s tree t frontages as well as interior project areas shall be provided. • Pedestrian focal points, such as community gardens, plazas, courtyards, piazzas, etc., shall be provided in public and private projec is where deemed appropriate. Consideration shall 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 shall be employed in all Village projects so as to define pedestrian zones and spaces, and maintain separation from vehicle traffic. • Building frontages along s tree is require adequate space for pedestrian movement, street furnishings and outdoor spaces, but shall also maintain a close proximity to pedestrian travel ways. • Pedestrian links shall be incorporated in all public and private development projects. Linking shall consider the existing pedestrian environment and provide for future access potential. • The City shall consider linking pedestrian areas created by private and public projects into a Village -wide system, once -7- -8- development activity demonstrates the potential need. kttached as the Appendix to these : uidelines are excerpts from various iesign documents, which visually represent ;ome of the concepts referred to. If. C. SITE AND BUILDING DESIGN The main focus of the site and building Design portions of these Guidelines is to )romote the element of human scale, :onsistent with the objective of creating a )edestrian environment in The Village. 1. Building Character Building mass and scale shall be compatible with that of surrounding structures. Buildings shall be designed with appropriate architectural variation and detailing to break up monotonous building elevations. Treatments such as graduated heights, balconies, recessed and extended building sections, staggered setbacks, etc. should be employed. • Buildings located on corners shall 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. • Retail buildings along street frontages shall be close to the street and sidewalk areas to promote window shopping and streetside activity. • Commercial buildings shall be enhanced with various architectural elements such as arcades, trellises, porches, bays, towers and balconies, with the intent of promoting the pedestrian environment. • Buildings shall 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 gradually transition between each other. In order to preserve mountain views and the intrinsic qualities of The Village environment, building height shall not exceed 2 stories. However, architectural features integral to the building design and which contribute to a consistent - 9- -10- building appearance and scale should be permitted to exceed any prescribed height limit to a reasonable extent. 2. Site Design and Activity Space As an area that promotes outdoor activities, proper design of outdoor spaces s essential to The Village. These spaces nust provide for both passive and active )utdoor needs, from sitting quietly to accommodating an art display or outdoor nusical performance. • 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. • Water features shall be incorporated into projects where appropriate. • Structures should be sited to create internal spaces, with pedestrian access available from the street or off-street parking areas. Courtyards and other types of pedestrian and passive open Entries into shops and offices space shall be provided when off- should access directly to a site parking scenarios are pedestrian oriented street or employed, other pedestrian access; single access multiple tenant buildings Layout of building sites in The should be discouraged. Village should consider movement of pedestrians as /1.D. ACCESSORY significant as the movement of vehicles. PROVISIONS 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. 1. Streetscape • Public and private development projects should encourage and facilitate provision of street furnishings, such as bicycle racks, trash receptacles, benches, drinking fountains, etc. • Street furniture should be appropriately sited and should not -11- -12- 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. Street lighting posts could be used as the banner masts. The formation of a Downtown Business Association, which would address issues such as a business improvement district, attraction, retention and other assistance efforts, should be encouraged. 2. 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. 3. 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, dramatize 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. -13- -14- REFERENCES MY 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 July 1997: - "The Village" Study and Improvement Proposals, April 1997 - Village Impressions: Design Images for La Quinta Village -15- exercise for U RP for the La Quinta APPENDIX: GRAPHIC EXAMPLES OF DESIGN GUIDELINE REPRESENTATIONS -16- A W to ' y tti HV •--� •H %' •N •M > :S O V b C) " ai rA 4 •" U ® 04 .d 64 w j ,� eq J3 O N a> O ao •d " � ° � Q, � a �. ., o 3 i oo ca. , v° � co �cis CO ,d = � CO a .c El as y O GD e0 y ed bOA 03 Q 3 c � 3 0 ° 4.4 r.,M CA b o cq cn a 3 'CA � •� � � O O "'' .O Cc U CA a oV .cc o 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. Arcade Decorative wooden balcony Stairway at Tlaquepaque la-G Ir • 1 11 T • Sidewalk design is important to the succes of the Village. Sidewalks need to provide comfort, safety and visual stimulation fo. pedestrian traffic. Trees that hang over the sidewalk provide protection from the hot desert sun. Tree are also visually interesting and offer variety of shades of green and color. Sidewalk construction should consist of combination of diverse textures, materials and patterns. Creative designs and color break up the dull image of a regula concrete sidewalk. Plaza and Garden Design Street Furniture Design Bus stops, newspaper racks, public telephones, and otl services should be housed in similarly designed architectu structures. These are functional items that should not be 1 out of the design scheme. Carefully designed street furnit helps build character for the street and creates consister in the Village. 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. � u eetscape 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. Restat and entertainment adjacent to major pedestrian paths inc traffic in the Village. Outdoor uses should be encourag 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 stree� 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 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 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 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. ;urb bulbs extend the sidewalk into the street. The bulbs, vhich may be landscaped, improve pedestrian crossings by )roviding better visibility between pedestrians and motorists, ,hortening the crossing distance, and reducing the time that )edestrians are in the street. Curb bulbs located at the inter- iection also prevent people from parking in a crosswalk or )locking a curb ramp. Curb bulbs may encourage motorists to Irive more slowly by restricting turning speeds and narrowing ,he 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 i 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. best 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). Calle Estado/La Fonda: Schematic Street Plan 10' sidewalk VIA ...---•........................................••--•......................i 12' parking .............Yeature�.................. Water One-way 20' travel Pedestrian path One-way .......................................................... ,,rig>.<; 36' center median - usable as pedestrian promenade Crosswalk ...................h...... 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. Angle parking could be incorporated into such a median, or permitted in lieu of the parallel parking scheme shown here. Planning Commission Resolution 98 - PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING ADOPTION OF AN AMENDMENT TO CHAPTER 9.65 OF TITLE 9, OF THE LA QUINTA MUNICIPAL CODE ZONING CODE AMENDMENT 98-060 CHAPTER 9.65; VILLAGE COMMERCIAL WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26`h day of May, 1998, hold a duly -noticed Public Hearing to consider a recommendation on Zoning Code Amendment 98-060; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 98-353); and, WHEREAS, the Community Development Director has determined that said applications will not have a significant adverse effect on the environment and that a Negative Declaration of Environmental Impact should be filed; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify a recommendation to adopt said Zoning Code Amendment: 1. The proposed Zoning Code Amendment will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, in that no significant impacts have been identified. 2. The proposed Zoning Code Amendment is consistent with the goals, objectives and policies of the La Quinta General Plan, in that adoption of these revisions will further the protection of the health, safety and general welfare of the citizens of La Quinta, and protection of the physical environment desired in The Village area. 3. The proposed Zoning Code Amendment is consistent with applicable provisions of the City's Zoning Code, as adoption of the proposed zoning revisions will permit uses which allow project types desired in The Village area and similar P:\peresozca06O.wpd Planning Commission Resolution 98 - to those already contemplated under ultimate development of the La Quinta General Plan, and which were addressed in the EIR previously certified for the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the recitations are true and correct and constitute the findings of the Planning Commission for this Zoning Code Amendment. 2. That it does hereby recommend to the City Council adoption of Zoning Code Amendment 98-060 for the reasons set forth in this Resolution, and incorporated as Exhibit A attached hereto. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 26' day of May, 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:\peresozca060.wpd 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 Village Use Permit 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, implement 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. B. Purpose of Design and Development - The following purpose statements reflect the general design concepts envisioned by the Guidelines. 1. Develop The Village area as a year-round commercial, residential and recreational location, serving residents and guests of the greater La Quinta community. 2. Promote development standards to accommodate projects and activities which will provide goods, services and housing in a design environment supportive of the 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 C:\Corel\WrkgT\VSPdocs\VCdistfmal.wpd 1 A. Permitted uses in the VC Zoning District will combine essential day-to-day neighborhood goods and services, tourism and visitor -based retail and entertainment opportunities, and facilities necessary for the operational demands of such uses. B. The following uses are permitted in the VC Zoning District with approval of a Village Use Permit (VUP), 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. 1. Single and multi -family dwellings. 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. 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. 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 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 larger scale service aspects, such as limousine and auto rental services, are permitted (vehicles may be stored in the District). Uses such as construction management offices C:\Corel\Wrkpp\VSPdocs\VCdistfmal.wpd 2 are permitted provided construction materials and job equipment are not kept on premise. 5. Prepared food service for on -site consumption, drive-in and drive -through, and/or carry -out, including fast-food restaurants, delicatessen, tea, coffee and ice cream shops, pizzerias, and similar uses. 6. Prepared food sold specifically for on -site consumption, with indoor/outdoor seating. 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, with alcohol sales for on -site consumption only, along with live, recorded or other entertainment in or outdoors such as music and/or dancing, karaoke, arcade games, pool, billiard or shuffleboard tables, etc. 7. Public indoor assembly/entertainment facilities, such as auditoriums, theaters, 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 C:\Corel\Wrkgrp\VSPdocs\VCdistfmal.wpd 3 improvement, and other related uses. The permitted uses in The Village area do not preclude other similar uses which are compatible with the specifically identified uses and otherwise meet the criteria for Village Use Permit. 9.65.030 General Development Standards A. Purpose - 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. This District is to be considered as stand-alone, in that application of the overall Zoning Code to Village area projects shall be accomplished through design review during the Village Use Permit process, prioritizing the Guideline concepts and the VC Zoning District above the applicable Zoning Code standards. 1. 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. 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). C:\Corel\Wrkgrp\VSPdocs\VCdistfmal.wpd 4 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. 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. 2. Heights. Building height shall generally be limited to 3 5 feet, or two (2) stories, for main building mass. Architectural and roof projections not providing habitable or otherwise usable space, such as chimneys, spires, finials, and similar features shall be permitted to extend up to three feet above the maximum structure height. Structure height shall be measured pursuant to Zoning Code Section 9.50.050. 3. 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 consideration: a. All current parking regulations shall be applicable, such as required number of stalls, space and aisle dimensions, location of parking areas, etc. However, in the VC Zoning District, variations to any parking standards can be approved. Such site specific findings may include the ability to provide off -site parking potentially including payment of in -lieu fees. 4. Landscaping Project landscaping shall be provided to implement the Guidelines and existing City policies. C:\Corel\Wrkgrp\VSPdocs\VCdistfmal.wpd 5 5. Screening. Project parking service area and trash enclosure screening shall be provided to implement the Guidelines and existing City policies. 6. Lighting Project landscape, parking, building and pedestrian lighting shall be provided to implement the Guidelines and existing City policies. 7. Special Sign Allowances. For Village area development, it is determined that in order to preserve the greater aesthetic benefits and historic character of The Village area, designated landmarks or historic resources, as defined in Chapter 7.02 of the La Quinta Municipal Code, 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 Village Use Permit 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: l . 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 C:\Corcl\Wrkgrp\VSPdocs\VCdistfmal.wpd 6 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 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. Village Use Permit Requirements. All new development proposals in the Village area shall be required to file an application for a Village Use Permit. A "new development proposal" is defined as any of the following: 1. New building construction proposed for vacant property or associated with demolition and reconstruction of an existing building; 2. Any change of use exceeding 50% or more of the building floor area of the originally permitted use; and, C:\C orel\Wrkgrp\VSPdocs� VCdistfmal. wpd 7 3. Any expansion/addition to an existing use comprising a 25% or more increase in the existing building's net floor area. Village Use Permits shall be subject to review by the Planning Commission as a Public Hearing. E. Any proposal in the VC zoning district determined as not meeting the criteria in Section 9.65.040.D shall be subject to review as either a Minor or Major Deviation. Minor Deviations may be approved by the Community Development Department with no public hearing or other formal review process. A Minor Deviation is any proposal not meeting the criteria in Section 9.65.040.13, which constitutes a change of less than 5% of any approved or existing building area; columns, dormer vents, window size changes, plant -on locations, color and stucco texture changes. 2. Major Deviations are subject to review and approval by the Planning Commission. A Major Deviation is any proposal not meeting the criteria in Section 9.65.040.D, which constitutes a change of 5% to 25% for any approved or existing building area; any exterior architectural modification not determined to be a Minor Deviation. 3. Major Deviations shall be processed under the Site Development Permit process, as set forth under Section 9.210.010. F. Findings for Approval. The following findings shall be made by the decision -making authority prior to the approval of any Village Use Permit: 1. Consistency with General Plan. The development of the proposed use is consistent with the La Quinta General Plan. 2. Consistency with Zoning Code. The development of the proposed use is consistent with the La Quinta Zoning Code. 3. Compliance with CF.QA. The proposed Village Use Permit application has been processed in compliance with the requirements of CEQA. C:\Corel\Wrkgip\VSPdocs\VCdistfmal.wpd 8 4. Surrounding Uses. Approval of the proposed Village Use Permit 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. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development and the quality of design illustrated in the Village at La Quinta Design Guidelines. 6. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and the quality of design illustrated in the Village at La Quinta Design Guidelines. 7. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence design and elements of the Village Use Permit are compatible with surrounding development and the concepts of the Village at La Quinta Design Guidelines. 8. Sign Programs. Per Section 9.160.090 (Sign Permit Review), in order to approve a planned sign program the decision -making authority must find that: a. The sign program is consistent with the purpose and intent of Chapter 9.160 (Signs); b. The sign program is in harmony and visually related to: (1) All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, C:\Corel\Wrkgrp\VSPdocs\VCdistfmal.wpd 9 illumination, sign type or sign shape. (2) The buildings they identify. This may be accomplished by utilizing materials, colors or design motif included in the building being identified. (3) Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. E. Appeals, Amendments and Time Extensions. Appeals, amendments and time extensions relating to Village Use Permits shall be reviewed pursuant to Chapter 9.200 of this Title. C:\Corel\Wrkgrp\VSPdocs\VCdistfmal.wpd 10 Planning Commission Resolution 98 - PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL OF CHANGE OF ZONE 98-085 TO RE -ZONE CERTAIN REAL PROPERTY FROM VC, VN, VP, VS, AND VT TO VC, AND FROM VR-10,000 TO RL-10,000-17/1 CASE NO. 98-085 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 261h day of May, 1998, hold a duly -noticed Public Hearing to consider a recommendation on Change of Zone 98-085; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 98-353); and, WHEREAS, the Community Development Director has determined that said Change of Zone will not have a significant adverse effect on the environment and that a Negative Declaration of Environmental Impact should be filed; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts, findings, and reasons to justify a recommendation to approve said Change of Zone: 1. The proposed Change of Zone is consistent with the goals, objectives and policies of the La Quinta General Plan, in that adoption of these revisions will further the protection of the health, safety and general welfare of citizens of La Quinta, and of the physical environment desired in The Village area. 2. The proposed Change of Zone will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, in that no significant impacts have been identified. 3. The proposed VC zoning is compatible with zoning on adjacent properties, as the proposed zoning will not alter the types or intensity of the commercial and residential uses already contemplated under the General Plan. The surrounding P:\peresocz085.wpd Planning Commission Resolution 98 - properties are zoned RC, RMH, RM, RL AND PR. The revised VC zoning allows uses which can be located in these districts, and provides for setback and design standards which will help integrate uses in adjoining areas. 4. The proposed VC zoning is suitable and appropriate for the subject area, as adoption of the proposed zoning will permit uses which allow project types desired in The Village area and similar to those already contemplated under ultimate development of the La Quinta General Plan, and which were addressed in the EIR previously certified for the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1 . That the recitations are true and correct and constitute the findings of the Planning Commission for this Change of Zone. 2. That it does hereby recommend to the City Council approval of Change of Zone 98-085 for the reasons set forth in this Resolution, as shown for the area delineated on Exhibit A attached hereto. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 26th day of May, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: P:\peresocz085.wpd Planning Commission Resolution 98 - RICH BUTLER, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California P:\peresocz085.wpd 11111111 -�.•..1 CALLE ESID"o ATTACHMENTS ii11iiiimi• I t Ai.1HME_i(N i .' t8 �1A61 1Ji City Council Minutes 15 May 20, 1997 3. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION, LMC 1995196 WITH LUNDEEN PACIFIC CORP., AND APPROVAL OF CONTRACT CHANGE ORDER NO. 2 FOR THE ADDITION OF TRACT 23913, QUINTERRA, AND TRACT 26188, DEL REY, AND FRITZ BURNS PARK MAINTENANCE. 4. APPROVAL OF PROJECTS FOR INCLUSION ON THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM. 5. APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT FOR TRACT 27899, CENTURY CROWELL COMMUNITIES. 6. APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT FOR TRACT 25363-2, DEL REY AT LA QUINTA NORTE. 7. AWARD OF CONTRACT FOR JEFFERSON STREET RESURFACING, PROJECT NO. 96-01 TO GRANITE CONSTRUCTION, FEDERAL AID PROJECT NO. STPL- 5433001. 8. AUTHORIZATION TO ADVERTISE AND RECEIVE BIDS FOR CALLE TAMPICO BICYCLE AND PEDESTRIAN SAFE ROUTE, PROJECT NO. 97-04. 9. ACCEPTANCE OF IMPROVEMENTS WITHIN PROJECT NO. 95-10, BEAR CREEK CHANNEL BIKE PATH, URBAN FORESTRY PROJECT AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION. MOTION - It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO. 97-76. 1. DISCUSSION OF SUMMATION ON MEETINGS HELD WITH THE VILLAGE AREA PROPERTY AND BUSINESS OWNERS REGARDING DEVELOPMENT OF THE VILLAGE AREA. Ms. di lorio, Planning Manager, advised that in March, three meetings were held with property owners and business owners to discuss the specific plan for The Village. The main topics of discussion were: ?) the need for both City and- private funding for development costs; 2) reducing the art focus in favor of more cafes, shops, and entertainment uses; 3) the need for regional attraction as opposed to tourism; 4) additional allocation of funds for The Village for marketing efforts, street maintenance, and dust control; 5) less domination of art theme, but still providing a specified area in The Village for the Arts Festival; 6) financing alternatives for street improvements; 7) the need City Council Minutes 16 May 20, 1997 to fund projects that stimulate investment and interest; 8) better interaction for Village businesses to participate in events in their area 9) creation of a Village task force; and, 10) direct attention to immediate needs such as lighting, pedestrian improvements, street repairs, and landscaping. Mr. Herman, Community Development Director, advised that a Cal Poly urban design class is working with the Chamber and is expected to make a presentation and recommendation on June 25th. Mayor Holt wished to have it brought back at a Special Study Session. Council Member Sniff didn't feel that it's too late to do something constructive in The Village and suggested that it be divided into subsections wherein the infrastructure needs and costs could be developed for each area with a logical progression for installation. He further suggested that a task force, consisting of one or two Council Members, at least six property owners, and two members at large, be appointed to address this issue. He noted that the City has dealt with this for a long time without any progress and he felt that subsections may be the way to go. Council Member Perkins wasn't sure it's the way to go, but agreed that something must be done, stating that he's always wanted to scrap the specific plan and start over. He felt the City should take a hard look at The Village and get the property owners involved and, hopefully, get something going before November. He wished to include this in the budget discussions to decide what can and cannot be done. Audrey Ostrowsky, P. 0. Box 351, felt that streets are the greatest need in The Village and questioned why they're being built everywhere except The Village, noting that those being constructed south of the Civic Center will have to be reconstructed when sewers are installed. She commented on the Art Foundation's use of downtown property to park during the Art Festivals and felt that the only way to have a downtown is to move the Arts Festivals out. She believed art galleries are wonderful culturally, but not economically and suggested the City spend money for street improvements to bring in new businesses instead of giving it to non-profit organizations. Council Member Henderson agreed that there may have been some mis- guidance of funds over the years when infrastructure was needed and that the specific plan has probably hindered development in The Village, but she didn't know how to move forward without forming a task force which she felt usually carries a cloud with it. She noted that $200,000 has been set aside for capital improvements in the upcoming budget. City Council Minutes 17 May 20, 1997 Council Member Adolph felt that everyone is wanting the same thing and that it will take a cooperative effort by everyone to make it work, noting that the meetings were attended mostly by staff. In response to Mayor Holt, Mr. Herman advised that upon the conclusion of Cal Poly's presentation on June 25th, their vision on how to proceed will be brought to Council in July. It will then be reviewed by the Planning Commission and brought back to Council, hopefully, on August 5th. Council Member Sniff felt the main issue is lack of funding and asked for support in dividing the area into subsections. Mr. Genovese advised that it could be included in the next discussion. He noted that the challenge is not knowing what the potential development is. Mayor Holt advised that she wished to reconsider Business Session Item No. 9. A brief discussion ensued regarding the policy for reconsidering a vote and Ms. Honeywell, City Attorney, advised that Council has adopted its own procedure for such action with there being no special consideration for seconding the motion and she then read the related section of Council's Rules of Procedure. MOTION - It was moved h- Mayor Holt and seconded by Council Member Perkins to reconsider Business Sep -_ item No. 9. Motion carried with Council Members Adolph/Sniff voting NO. ,UTE ORDER NO. 97-77. BUSINESS SESSION .......... continued 9. SECOND READING OF ORDINANCES. ORDINANCE NO. 302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 12.32.120 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE, EXEMPTING CERTAIN COMMERCIAL VEHICLES FROM PARKING RESTRICTIONS. Council Member Adolph advised that he has supported the ordinance because he wished to help Mr. Donlin by giving him six months to purchase equipment that meets City Code. In response to Council Member Adolph, Mr. Hartung, Building & Safety Director, advised that staff has not enforced the Code with Mr. Donlin, but City Council Minutes 18 May 20, 1997 they haven't made any promises either. He advised that he was uncomfortable about stretching the non -enforcement out for six months. Mayor Holt felt that Council has sympathized with Mr. Donlin, but she was concerned that this is something that could go on and on. Mr. Hartung advised that staff would continue to be reasonable in working with Mr. Donlin, but reiterated that he didn't feel it could go on for six months. MOTION - It was moved by Mayor Holt and seconded by Council Member Henderson to deny Ordinance No. 302. Motion was withdrawn. MOTION - It was moved by Mayor Holt and seconded by Council Member Perkins to deny the second reading of Ordinance No. 302. Motion carried with Council Member Sniff voting NO. MINUTE ORDER NO. 97-78. Council Member Perkins noted that there hasn't been a big rush to take advantage of the change, but stated that he wasn't sure it's proper to change an ordinance for one person. 2. DISCUSSION REGARDING LEAF BLOWERS. Mr. Herman, Community Development Director, advised that on April 15, 1997, staff was directed to research the regulation of leaf blowers in the neighboring cities and to bring options back to Council for their consideration. The only local jurisdictions with specific regulations are Indian Wells, Cathedral City, Rancho Mirage, and Palm Desert and they are as follows: Indian Wells: electrically -powered blowers may be used by occupants; gas - powered blowers may be used by golf courses between September 15th and December 1st; hours of operation are 8:00 a.m. to 5:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday; use is also restricted within 10 feet of windows, doors, or mechanical air ducts. Cathedral City: gas or electrically -powered blowers may be used; hours of operation are 8:00 a.m. to 8:00 p.m. in residential areas and 7:00 a.m. to 8:00 p.m: in all other areas. City Council Minutes 15 December 2, 1997 Council Member Henderson suggested the tour invitation be extended to the Planning Commission as well. Council concurred. 2. DISCUSSION REGARDING THE VILLAGE PLAN. Ms. di lorio, Planning Manager, advised that in March 1997, staff met with business and property owners of The Village to discuss the Village Specific Plan. Various solutions were discussed as follows: 1)retain an art focus and establish a permanent Arts Festival location; 2) make the Frances Hack Park a major focus for Village activities; 3) create a Village Stakeholder Committee; 4) enhance the Mainstreet Marketplace; and, 5) be consistent in use approvals. She noted that the Cal Poly Pomona Study verified the most previously - identified problems and issues and it concurred that The Village needs a special draw to compensate for the lack of traditional commercial development precursors. It also presented a bold plan for a resort/hotel and spa. She advised that staff is looking for direction regarding the Village Specific Plan and presented the following options for Council's consideration: 1) eliminate the existing plan and zoning in favor of more flexible, conceptual guidelines; 2) establish a program to address interim improvements; 3) purchase the Frances Hack Park; 4) focus on attracting events and activities to draw people to The Village; 5) limit requirements placed on temporary events; 6) reduce required parking and/or allow alternative means; 7) provide interim streetscape enhancements; and, 8) increase attention to The Village area concerns. Council Member Sniff felt a bold stroke should be considered, but wasn't sure the idea of a resort/hotel and spa was the answer. He suggested a tower with an elevated restaurant and shops on the ground level and wished to see a historical/cultural plaza in concert with the La Quinta Historical Museum. He felt the City should stop waiting for something to happen and develop a comprehensive plan of its own. He suggested land banking and breaking up the area into sub -zones to make development easier to accomplish, cutting down the massive cost of infrastructure. Mayor Pena felt a realistic approach should be taken, noting that more and more activities are being lost to the Highway 111 Corridor and that the arts focus is moving out of The Village. He was disappointed that none of the property owners were present to help determine the destiny of The Village, noting that that has always been part of the problem. He felt some short-term incentives would help, such as lessening some of the requirements and possibly enhancing City Council Minutes 16 December 2, 1997 the lighting in the restaurant areas, including Calle Estado. He also liked the idea of expanding the street fair to include some daytime hours, possibly on Saturday, but felt a main draw is needed, noting that economics and marketing have always been a problem. Council Member Henderson felt the property owners have lost interest because the infrastructure hasn't been provided, but didn't feel it's feasible for the City to provide infrastructure at this time. Council Member Sniff felt if the area was divided into sub -zones, that the City could take an area like Calle Estado and accomplish something meaningful and attractive and possibly create some sense of excitement. Mayor Pena noted that most of the businesses in The Village are located on Calle Estado. Council Member Henderson agreed that lighting on Calle Estado is a big issue, even in regard to the library. Mayor Pena felt it would be relatively inexpensive for the City to provide some lighting improvements and that it would enhance the area and provide the merchants with the most benefit. Council Member Sniff suggested a sidewalk be constructed on the south side of the street as well. Mayor Pena agreed. Council Member Sniff noted that Council set aside $ 150,000 in the budget for infrastructure and suggested using it for these improvements. Council Member Henderson wished to see the "beginning" infrastructure fund left intact for a few years and preferred using some of the $160,000 set aside for a park in the Cove. Mr. Herman asked what type of changes Council wished to make to the Specific Plan. Mayor Pena suggested a modified Village Plan without a lot of the restrictions, such as parking. Council Member Perkins didn't feel that it works for cities to plan areas for certain types of business and felt that the Village Plan should be eliminated. He City Council Minutes 17 December 2, 1997 agreed that property owner involvement is needed and believed that in order to layout the infrastructure, the City needs to know what type of development is going to go in. He supported finishing the sidewalk on Calle Estado and the installation of lighting, suggesting some type of rustic, old-fashioned style be used as opposed to traditional lighting. He felt The Village property owners want too much for their property and that they should work with the City in coming up with some ideas. In response to Council Member Perkins, Mr. Vogt'advised that staff. is looking into the parking stall problem in The Village parking area. Mr. Genovese, City Manager, pointed out that economic development issues exist as well as planning issues. The City has tried 10-12 different proposals in The Village, but some serious economic deficiencies have hindered those efforts. He agreed that a lot of the problems relate to infrastructure, but felt there must be enough synergy for something to happen and noted that the Economic Development Plan shows that the focus of current development has moved to Highway 1 1 1. Council Member Henderson felt it's time to move on from the current Specific Plan and believed its restrictions have stopped some minor development from happening. Council Member Sniff agreed with relaxing the restrictions and simplifying the process and felt the way to go is to do something in demonstration areas, such as Calle Estado and the Historical Museum area. Council Member Adolph agreed that Calle Estado is a good area to do some type of enhancement, but agreed with Council Member Henderson in wishing to keep the infrastructure fund intact for a few years. Mr. Herman then reviewed what he understood Council's direction to be as follows: revise the Village Specific Plan with some general guidelines for development; create zoning without sub -zones; reduce the parking regulations; and, discuss some interim improvements in the plan. He asked if Council wished to expand The Village beyond the current 90 acres. Council concurred on not expanding the boundaries. Council Member Henderson advised that she would support some consideration of a purchase or land swap for the Frances Hack Park in order to change it from a playground to some type of town square. City Council Minutes 18 December 2, 1997 In response to Mayor Pena, Mr. Herman advised that the date grove north of Calle Tampico is zoned for auto -related type of uses where parking could be accomplished, office, etc. Once the revisions have been made to the Village Specific Plan, staff will try to stimulate some participation from the property owners and schedule public hearings before the Planning Commission and City Council, probably in July 1998. Council Member Adolph asked if staff has received any input from property owners in The Village since the commercial parking restrictions were relaxed under the Zoning Ordinance to which Mr. Herman responded no. Council Member Sniff wished to have staff bring back some options for possibly trading something for the Frances Hack Park in order to transform the area into some type of cultural plaza. Council concurred. Council recessed to 7:00 p.m. 7:00 P.M. PUBLIC COMMENT James Cicalese, 54-825 Avenida Juarez, felt there's somewhat an over -bearing law enforcement and code enforcement presence in the Cove, advising that his unregistered vehicle was towed away recently without any prior notification to move it off the street. In addition, a lot of vehicles are being stopped for rolling through stop signs and his neighbor is being cited for parking a tow truck in his driveway overnight which he needs for night responses. Council Member Henderson noted that commercial vehicle parking regulations were recently reviewed by Council and advised that she, too, has been stopped recently for not completely stopping at a stop sign. Trent Butzlaff, 45-712 Indian River Road, Indio, owner of Plaza Shell Towing, advised that he has been cited three times this year for having his commercial vehicles parked in the driveways of his drivers' homes in La Quinta. He advised that having to park the vehicles elsewhere is not only a burden for him and his drivers, but an inconvenience and safety factor for those individuals who break down, especially at night, and have to wait from 45 minutes to an hour for a tow truck instead of 10-15 From : PRELUDE DEU. CC PHONE No. : 619 568 3569 rlar.20 1998 9:39HM P01 Prelude Deuelopment Company, Inc. ASSET MRNRGEMENT DIUISILIN 72-791 Fleetwood Clrclf!* Palm Desert. California 92260 Tei_ 700 346-9880 FAX 760 568-3569 DON GITTELSON PRESIDENT FRH TO 777-7181 MRRCH 20, 1998 5 'A(.:[t ")�p WRtLACE NESBIT RSSOCIRTE PLANNER CITY nF IA QUINTA COMMUNITY DEVELOPMENT DEPT. P.O.9CH 1594 I0 OUINTR, Ell_ 02253 RE: 4 ACRE PARCEL NORTH OF RUE 52, ERST OF DFSFRTVIU8 DRIVE. HAR WALLRCC; YOUR NOTICE OF THE PLANNING COMMISSION. PUDLIC HERRING REGRADING THE 'VILLAGE RT LA QUINT110 HAS PROMPTED ME TO WRITE THIS LETTER 11E611ROIN6 THE RHUU1 PARCEL. WE HRUE DISCUSSED THE PROPOSED USE OF THIS PARCEL SEUEHRL TIMES IN THE PRST Y1HR. IRIS IS R LOGICAL TIME TD INCLUDE THE LRNO ERST Of DESERT CLUP IN ANY ACTION RELRTED TO OVERALL MRSTER PINNNING. CLOSE INSPECTION OF THE 'VILLAGE EUMMERCiRL' ZONING WILL SNOW THE NECESSITY TO ROD THE LAND ERST OF DESERT CLUB DRIVE TO THE DUERALL COMMEHCiRL LONE NORTH OF RUE. 52. RT Till$ TIME, WE RRE NOT REROY TO SUBMIT PRELIMINARY S111 DEDELUPMENT PLANS I OR YOUR REDIEUI, BUT HAVE EBPLORED SEVERRL NEW IDERS. THE PROPERTY 13 NOT SUITED TO ITS PRESENT RESIDENT111L ZONING. THE AITEIINATIUE USES BEIRTT13 TO UILLRGE CDMMERCIRL ARE MORE RPPROPRIRTI, HND SIDE THE CITY R 13RORDER CII9ICE 1N ULTIMATE LAND USES. PLERSL KEEP ME INFORMED OF ANY PROPOSED CITY MEETING RND RCTIONS HLURADINB THIS GENET §.L DCR LY0 3, _ d N SITTELSON icy M��a flows 03-29-98 69:30 RECEIVED FROM:619 568 3569 P•0I W Ck= z O U; 4 ~ O cG y- WV Un m u p O i J .. 14 Aprile 198 Change of Zone 98-085 City of La Quinta Chairman of Planning Commission Att: Jerry Herman P.o. Box 1504 La Quinta, CA. 92253 Sir:, & Ladies: APR 151998 LI CITY OF LE' QJiNTA, I PLANNING DEPARTMENT t I would like to ask the City Planning Commission to consider rezoning the five lots facing Calle Tampico, framed on both sides and across Calle Tampico by commercial lots. These fiv:- lotts # 62-64 are for some strange reason the only lots zoned residential on Calle Tampico. I feel this is a great in.justice to the lot owners, as it leaves us with the only alternative to build some small rental house (such as the one now standing on lot # 62) in order to realize some usuage from this land. It is ;completely inadequate to build any other sort of residence in this commercial zone on a main street. If these lots were zoned commercial then it would leave the possibility to sale or use them together to form a nice development buildling that would fit in with community planning and the continued elegance of our City Hall. This would be an enhancement on our main thoroughfare instead of an eye sore. May I suggest then that you consider moving the new commercial zone line to the back of these which would be a happy solution tii= Cities' Beautification. Sincerely, Arlene Turi lots on Avenida Buona Ventura, for both the lot owners and 48800 Ave. Fernando P.O. Box 1094 La Quinta, CA. 92253 Tel: 760/564.3349 Lot # 65 Desert Club Tract MetroScan / Riverside (CA) Parcel : 769 083 005 Pos Int RefAPN :000 000 000 Owner : Turi W Arlene Land : $19.457 CoOwner Struct Site : *No Site Address* Other .flail : PO Box 1094 La Quinta Ca 92253 Total : $19.457 Xjered : 08/01/93 Doc # : 334364 Exempt Price Deed : Trust Transfer Type Loan,4mt Loan % Imprvd Lender IntTyp % Owned : 100 VestTvp Tax Area : 20-016 Use : Y04Vacant,Other 97-98 Tax : $239.32 Plat .21 Map Grid Census : Tract Block OwnerPh S : T : R Q : Tenant Ph Bedrms Stories Acres Year Built BthFull : Fireplace : No LotSgFt : Street Type Bth30t Pool : No Bldg SF Waterfront BthHalf : RmAddtns : No AddOnSF Gas Service Cnt1Ht :No AddPkgTyp GarSgFt Water Source Cnt1A/C : No Roof Type Gar Type Sewer Type Agri Preserve 769-08 r.a.4 020-0/6 czo-oev NZ vw4 sw4 CIV. c6J SEC. 6 T.6S. R.7E. n AVE. 59 610 - J "BUEN4 P. l .a. 0 4VEAY04 B1 - - ; +�•• �.. N•• 34 �ii a -=---- --- - -- � n • b L4 FON04 4yEA1'DA 6 ,... �. • J ry M B 2.160 ors[,7r cL[,B rRArr unlr &0 4 (aJ) RNERSOr MMTY M#r .' i��'�U�t The Information Provided Is Deemed Reliable, But Is Not Guaranteed. PH #3 PLANNING COMMISSION STAFF REPORT DATE: MAY 26, 1998, CONTINUED FROM MARCH 24, AND APRIL 14,1998 CASE NO.: ZONING CODE AMENDMENTS 97-058 AND 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: Previous Review These amendments were previously reviewed by the Planning Commission and continued to this meeting. On March 24, focus was given to the Cove Residential District requirements (Attachment 1). Suggestions were made which have been incorporated into the revised code. Furthermore, Staff has made several other changes we believe are needed. 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 p:\stan\pc rpt zca 97-058 & 98-061 berming requirements along street setbacks, residential tract and country club architectural design requirements, and custom home design requirements. Staff will be recommending some subdivision related design standards in the upcoming Subdivision Ordinance update. Revisions to The Village Specific Plan and Hillside Conservation Regulations are being processed and presented separately. 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. Attached is a letter from Coronel Construction regarding fence and wall requirements (Attachment 2). RECOMMENDATION: Adopt Planning Commission Resolution 98- , recommending approval of Zoning Code Amendments 97-058 and 98-061, amending the La Quinta Zoning Code (Title 9). Attachment: 1. Minutes of the Planning Commission meeting of March 24, 1998 2. Letter from Coronel Construction dated March 3, 1998 3. Recommended Zoning Code changes Prepared by: `�5, &' Stan B. Sawa, Principal Planner Submitted by: L'4' rlV "' for (rWristir)6 di lorio, Planning Manager p:\stan\pc rpt zca 97-058 & 98-061 PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL ADOPTION OF CHANGES TO VARIOUS SECTIONS OF THE MUNICIPAL CODE (TITLE 9) ZONING CODE AMENDMENTS 97-058 AND 98-061 CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 261h day of May, 1998, continued from the 24t' day of March (ZCA 97- 058), and the 141h day of April (ZCA 98-061), 1998, hold duly noticed Public Hearings to consider Zoning Code Amendments; and, WHEREAS, it has been determined that changes are needed to the Zoning Code to ensure development of high quality ; and, WHEREAS, changes to various sections are needed to be clarified to allow better development practices; and, WHEREAS, the Planning Commission desires to minimize and control these adverse impacts and thereby protect the health, safety, and general welfare of the citizens, preserve quality of life, preserve property values and the character of the City; and, WHEREAS, said Amendments have been determined to be exempt per Section 15061 (b,3) of the Guidelines for Implementation of the California Environmental Quality Act; and, WHEREAS, the Planning Commission determined the following findings can be made: 1. The proposed code amendments are consistent with the goals, objectives, and policies of the General Plan in that the amendments will provide for enhanced residential and nonresidential development throughout the City. 2. The proposed code amendments will not create conditions materially detrimental to the public health, safety, and general welfare in that they are created to enhance the developed City, thus ensuring the protection of the cities citizens. NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: pAstan\pc reso-na 97-058 & 98-061 Planning Commission Resolution 98- 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That it does hereby recommend to the City Council approval of Zoning Code Amendments 97-058 and 98-061 for the reasons set forth in this Resolution and as noted in Exhibit "A" attached hereto and made part of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission, held this 26th 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 b0'*0oU p:\stan\pc reso-zca 97-058 & 98-061 ATTACHNAEN 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 wZaerder at 7:00 P.M. by Chairman Butler who asked Commissioner Wthe flag salute. B. Chairman Butler requested the roll call: Prese rs Abels, Kirk, Seaton, Tyler, Woodard and Chairman Butler. S oted that Commissioner Gardner had called and asked to be excused. It w oved and seconded by Commissioners Abels/Tyler to excuse Commissio ardner. Unanimously approved. C. Staff present: Community Delopment Director Jerry Herman, City Attorney Dawn Honeywell, Planning M er Christine di Iorio, Senior Engineer Steve Speer, Principal Planner Stan a, and Executive Secretary Betty Sawyer. I1. PUBLIC COMMENT: N II1. CONFIRMATION S# THE AGENDA: A. Staff as that the approval of the Minutes of March 10, 1998, be removed from the agen . Staff also noted that the Repeal of the Village Specific Plan, scheduled for pu c hearing at this meeting would be continued. It was moved and seconded by mmissioner Tyler/Seaton to approve the agenda as amended. Unanimously 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. I one. IV. PUBLIC HEARINGS A. Zoninig 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. �< .. [[�� �. P('-3-24-98 1 ii U 0 (j v J 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. 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 create a nuisance 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 Eommtmity Deveiopment Department 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." e. Building Design Standards -Exterior: The "Maximum 24 inch eave into the setback area. " Under Roof Designs, change the wording to "Eaves sha-H 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 000oui 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 " " " o v 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. PC-3-24-98 5 Planning Commission Meeting March 24, 1998 13. Commissioner Woodard asked how the addition of 200 square feet to a house 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. 13C-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. 0000162 PC-3-24-98 7 M F N T- "I IC13HONEL CONSTRUCTION 619-564-4604 P.O. BOX FAX 619-564-4202 LA MINTA, CA 92253 UC.# 634981 'r-T r' I ( 11 H : � 'J. 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H ! -' ii'l-It Tip i, p 4 PRC-TERTY, T"4I9 RESUr_,TS -IN EXTRA AND UNNECESSARY (.-'OST AN-P, LJABILITY 10 11L"CJ1�I'LY WITH THE SECTION THIS PEOU'1RES OUR. EMPLOYEES 110 CROSS ANO TkVbDF P P-.IVATE PR()PERTY, AND WHAT HAP-FNS IN 'Fi4w_ EVENT VTHFNT AN EMPLOYEE GETS INJURED ON THAT FIRTVATE PROPERTY,' IT SIMPLY RAISES ,S-OLUITION: TO AMEND THE SECTION AND ALLOW THE FENCING MATERIAL 'Dr,", BE NAILED ON THE !�SIP.F EDGE OF THE 41' X 4" POST. THIS WOO.Lu PFSCIL " VE Alil, THE CONCERNS EXPF,FSSED ABOVE, F ("A NE OF A N'T' V_-'S'STANCF. PL,F,AS,'F-' FEEL FREE '.170 (If-iNT41-T W'-", ("N F� SINCERELY, PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL ADOPTION OF CHANGES TO VARIOUS SECTIONS OF THE MUNICIPAL CODE (TITLE 9) ZONING CODE AMENDMENTS 97-058 AND 98-061 CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 26th day of May, 1998, continued from the 24th day of March (ZCA 97- 058), and the 14t' day of April (ZCA 98-061), 1998, hold duly noticed Public Hearings to consider Zoning Code Amendments; and, WHEREAS, it has been determined that changes are needed to the Zoning Code to ensure development of high quality ; and, WHEREAS, changes to various sections are needed to be clarified to allow better development practices; and, WHEREAS, the Planning Commission desires to minimize and control these adverse impacts and thereby protect the health, safety, and general welfare of the citizens, preserve quality of life, preserve property values and the character of the City; and, WHEREAS, said Amendments have been determined to be exempt per Section 15061 (b,3) of the Guidelines for Implementation of the California Environmental Quality Act; and, WHEREAS, the Planning Commission determined the following findings can be made: 1. The proposed code amendments are consistent with the goals, objectives, and policies of the General Plan in that the amendments will provide for enhanced residential and nonresidential development throughout the City. 2. The proposed code amendments will not create conditions materially detrimental to the public health, safety, and general welfare in that they are created to enhance the developed City, thus ensuring the protection of the cities citizens. NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: pAstan\pc reso-wa 97-058 & 98-061 0 o t) Gr 15- Planning Commission Resolution 98- 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That it does hereby recommend to the City Council approval of Zoning Code Amendments 97-058 and 98-061 for the reasons set forth in this Resolution and as noted in Exhibit "A" attached hereto and made part of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission, held this 26th 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 0000,1 p:\stan\pc reso-zca 97-058 & 98-061 CHAPTER 9.30: RESIDENTIAL DISTRICTS Sections: 9.30.010 Summary of District Regulations ................. 30-1 9.30.020 RVL Very Low Density Residential District ........ 30-2 9.30.030 RL Low Density Residential District .............. 30-2 9.30.040 RC Cove Residential District .................... 30-3 9.30.050 RM Medium Density Residential District .......... 30-4 9.30.060 RMH Medium High Density Residential District ... 30-5 9.30.070 RH High Density Residential District ............. 30-6 9.30.080 RSP Residential Specific Plan Overlay District ..... 30-7 9.30.090 RR Rural Residential Overlay District ............ 30-8 9.30.010 Summary of District Regulations. A. Permitted Uses. Chapter 9.40 specifies the land uses allowed in each residential district. B. Development .Standards. Development standards (such as minimum setbacks and maximum building heights) for each residential district are summarized in this Chapter and set forth in more detail in Chapter 9.50. C. Supplemental Regulations. Sections and page numbers containing supplemental regulations applicable to residential uses are as follows: 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 ................. 60-6 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 .............. 60-13 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 Mobilehomes . 60-19 9.60.190 Family Day 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 ............... 60-23 9.60.260 Condominium Conversions ............ 60-26 9.60.270 Density Bonuses for Affordable Housing.. 60-28 9.60.280 Bed and Breakfast Regulations .......... 60-31 9.60.290 Time Share Regulations ............... 60-33 9.60.300 Compatibility Review for Partially -Developed Subdivisions ...... 60-38 9.60.310 Restrictions on Multi -Story Buildings at Project Boundaries ....... 60-40 D. Height Limits Near Major Arterials. Residential buildings located near major highways are limited in height per Section 9.50.020. E. Definitions. For purposes of this Chapter and this Code, the following definitions shall apply: 1. Livablefloor area means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted), but excluding walls. Livable floor area does not include a garage or any accessory structure. I.oupdate-residential&supresidential 30-1 (,10 t ` , 9.30: RESIDENTIAL DISTRICTS 2. Lot coverage means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" shall mean 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. 3. Project area means all of the land area included within a development project excepting those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. 9.30.020 RVL Very Low Density Residential District. A. Purpose. To provide for the development and preservation of very low density neighborhoods (zero -to -two units per acre) with one and two-story single family detached dwellings on large lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one and two-story single family attached, townhome, or condominium dwellings, with generous open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Min. Lot Size ................................... 20,000 sq/ft Min. Lot Frontage ................................ 100 ft. Max. Structure Height ............................ 28 ft. Max. No. of Stories ............................... 2 Min. Front Yard Setback ........................... 30 ft. Min. Interior/Exterior Side Yard Setbacks ............. 10/20 ft. Min. Rear Yard Setback ........................... 30 ft. Max. Lot Coverage ............................... M 40010 Min. Livable Floor Area Excluding Garage ............ 88 2,W sq/ft Min. Landscape Setbacks Adjacent to Perimeter Street ... 10' min. at any point, 20' min. average over entire frontage Chapter 9.50 contains additional details and illustrations regarding development standards. 9.30.030 RL Low Density Residential District. A. Purpose. To provide for the development and preservation of low density neighborhoods (two -to -four units per acre) with one and two-story single family detached dwellings on large or medium size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one and two-story single family attached, townhome, or condominium dwellings, with generous open space. ii0110t3 I.oupdate-residential&supresidential 30-2 9.30: RESIDENTIAL DISTRICTS B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development .Standards: Min. Lot Size ................................... 7200 sq/ft Min. Lot Frontage ................................ 60 ft. Max. Structure Height ............................ 28 ft. Max. No. of Stories ............................... 2 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback .............................. 25 ft.' Min. Interior/Exterior Side Yard Setbacks ............. 5/10 ft.2 Min. Rear Yard Setback ............................ 10 ft. for existing recorded lots and 20 ft. for new lots.' (Revised 4/97) Max. Lot Coverage ............................... 4$ 5W/0 Min. Livable Floor Area Excluding Garage ............ 1400 sq/ft Min. Landscape Setbacks Adjacent to Perimeter Streets' .. 10' min. at any point, 20' min. average over entire frontage * Projects with ten or more condgu©rff dwelling units facing the same street dyvellingartits shall incorporate front setbacks varying between 20 ft. and 25 ft.+ in order to avoid streetscape monotony. ' 20 ft. if "roll -up" type garage door is used. Z For interior side yards, add i fbot additionalsetb.it fib, every foot 5 feet minimum plus 1 foot additional setback for every foot of building height above 17 feet, or fraction thereof, up to a maximum setback of 10 feet when said height above 17 feet is located between 5 and 10 feet from said sideyard property line. ' Existing recorded lots means lots recorded prior to May 1, 1997. Chapter 9.50 contains additional details and illustrations regarding development standards. 9.30.040 RC Cove Residential District. A. Purpose. To provide for the development and preservation of the medium density "Cove" residential area with one-story single family detached dwellings on medium size lots. B. Permitted Uses. Chapter 9.40 lists permitted land uses. I.oupdate-residential&supresidential 30-3 0 0 0 V 1 R) 9.30: RESIDENTIAL DISTRICTS C. Development .Standards. Min. Lot Size ................................... 7200 sq/ft (However, existing lots under 7200 sq. ft. are buildable provided other standards are met)(Revised 4/97) Min. Lot Frontage ................................ 60 ft. Max. Structure Height ............................ 17 ft. Max. No. of Stories ............................... 1 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback .............................. 25 ft.' Min. Interior/Exterior Side Yard Setbacks ............. 5/10 ft. Min. Rear Yard Setback ........................... 10 ft. Max. Lot Coverage ............................... 60% Min. Livable Floor Area Excluding Garage ............ +2% 1400 sq/ft * Projects with ten or more contiguous dwelling units facing tke same s~ dwel ingunits shall incorporate front setbacks varying between 20 ft. and 25 ft.+ in order to avoid streetscape monotony. ' 20 ft. if "roll -up" type garage door is used. Chapter 9.50 contains additional details and illustrations regarding development standards. i / I • 1. # J 1.. ': ! . • • ! r • s s. r ( _ 11rA_VL• • _ ■ ! ! • • a _ keet-miLywovit" i _ _ : * WiMot, h # r • •' ! '" M T .t _ • :r r s • _ ! • • •' # :r • � .r � -- :r • - - r r r s - s .r y - # r ' r r i# r a r► s_ r • Y "• -•# -t rr s## --• to s »-: F.-i iw lr' r•r M:r• +% r !i r !� • a •F14PPORP MW, rr k WTAJ • - - * s Ir Ir - :! # i aM w • r T A rr: �•. ! ! r r ! ! w i tr s r • ••: rr e• , •. Yj e 4 r-- - r •r ! el r /r #r:r r. _ I s i Ilia AFRI - _ i r r ! ! • � I_oupdate-residential&supresidential 30-4 9.30: RESIDENTIAL DISTRICTS 9.30.050 RM Medium Density Residential District. A. Purpose. To provide for the development and preservation of medium density neighborhoods (four -to -eight units per acre) with single family detached dwellings on medium and small size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one and two-story single family attached, townhome, or multifamily condominium dwellings, with open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development .Standards. Min. Lot Size ................................... 5000 sq/ft Min. Lot Frontage ................................ 50 ft. Max. Structure Height ............................ 28 ft. Max. No. of Stories ............................... 2 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback .............................. 25 ft.' Min. Interior/Exterior Side Yard Setbacks ............. 5/10 ft.z Min. Rear Yard Setback ........................... 15 ft. Max. Lot Coverage ............................... 60% Min. Livable Floor Area for Single Family Detached Excluding Garage ................ 1400 sq/ft Min. Landscape Setbacks Adjacent to Perimeter Streets' .. 10' min. at any point, 20' min. average over entire frontage Min. Common Open Area' ......................... 30% * Projects with ten or more enntiguans dwelling units facing the saute street d"effingrnnits shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. ' 20 ft. if "roll -up" type garage door is used. '- For interior side yards, building height "Vel i 7, tip to a required setback of tO feet- 5 feet minimum plus 1 foot additional setback for every foot of building height above 17 feet, or fraction thereof, up to a maximum setback of 10 feet when said height above 17 feet is located between 5 and 10 feet from said sideyard property line. 3 Does not apply to single family detached if a specific plan is required. Landscaping and open area shall be per the standards of Sec. 9.60.240. (Revised 4/97) Chapter 9.50 contains additional details and illustrations regarding development standards. loupdate-residential&supresidential 30-5 0000 1 9.30: RESIDENTIAL DISTRICTS 9.30.060 RMH Medium High Density Residential District. A. Purpose. To provide for the development and preservation of medium -high density neighborhoods (eight -to -twelve units per acre) with one and two-story single family detached dwellings on small lots, one and two-story single family attached dwellings, and one and two-story townhome and multifamily dwellings. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development .Standards. Min. Lot Size for Single Family Detached or Attached ... 3600 sq/ft Min. Project Size for Multifamily Projects ............. 20,000 sq/ft Min. Lot Frontage for Single Fam. Detached or Attached . 40 ft. Min. Frontage for Multifamily Projects ............... 100 ft. Max. Structure Height ............................ 28 ft. Max. No. of Stories ............................... 2 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback for Single Family Det. Or Att. ..... 25 ft.' Min. Interior/Exterior Side Yard Setbacks for Single Family Detached and Multifamily Buildings ... 5110 ft.2 Min. Sideyard Setbacks for Single Family Attached ...... 0' on attached side, 10' on open side Min. Rear Yard Setback ........................... 15 ft. Max. Lot Coverage ............................... 60% Min. Livable Floor Area for Single Family Detached Excluding Garage ................ 1400 sq/ft Min. Livable Floor Area for Multifamily Units Excluding Garage ......................... 750 sq/ft Min. Landscape Setbacks Adjacent to Perimeter Streets' .. 10' min. at any point, 20' min. average over entire frontage Min. Common Open Area' ......................... 30% * Projects with ten or more contiguous dwelling units facing the same street shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. ' 20 ft. if "roll -up" type garage door is used. 2 For interior side yards, bniiding height eve, 1 ?, tip to a sequired setback of H feet S feet minimum plus 1 foot additional setback for every foot of building height above 17 feet, or fraction thereof, up to a maximum setback of 10 feet when said height above 17 feet is located between 5 and 10 feet from said sideyard property line.. ' Does not apply to single family detached if a specific plan is required. Landscaping and open area shall be per the standards of Sec. 9.60.240. r ` s� °N Zoupdate-residential&supresidential 90-;_ w.. 9.30: RESIDENTIAL DISTRICTS Chapter 9.50 contains additional details and illustrations regarding development standards. 9.30.070 RH High Density Residential District. A. Purpose. To provide for the development and preservation of medium to high density neighborhoods (12-to-16 units per acre) with one to three-story single family attached dwellings and one to three-story townhome and multifamily dwellings. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Min. Lot Size for Single Family Attached .............. 2000 sq/ft Min. Project Size for Multifamily Projects ............ 20,000 sq/ft Min. Frontage for Multifamily Projects ............... 100 ft. Max. Structure Height ............................ 40 ft. Max. No. of Stories ............................... 3 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback for Single Family Attached ........ 25 ft.' Min. Interior/Exterior Side Yard Setbacks ............. 10/15 ft.2 Min. Rear Yard Setback ........................... 20 ft. Max. Lot Coverage ............................... 60% Min. Livable Floor Area Excluding Garage ............ 750 sq/ft Min. Landscape Setbacks Adjacent to Perimeter Streets' .. 10' min. at any point, 20' min. average over entire frontage Min. Common Open Area' ......................... 30% *Projects with tenor more contiguous kos facing the same ,sweet Single 6tnily dvveffing tinkshall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. ' 20 ft. if "roll -up" type garage door is used. Z For interior side yards, 5 feet minimum plus 1 foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet b located between 5 and 10 feet from said sideyard property line.. ' Per the landscaping and open area standards of Sec. 9.60.240. Chapter 9.50 contains additional details and illustrations regarding development standards. 9.30.080 RSP Residential Specific Plan Overlay District. A. Purpose. To provide flexible regulations via the specific plan process thereby allowing the use of modern land planning and design techniques to create master -planned developments incorporating 7.oupdate-residential&supresidential 30"7�.. 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. DO 40-1 9.50: RESIDENTIAL DEVELOPMENT STANDARDS 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. �t00t 40-2 9.50: RESIDENTIAL DEVELOPMENT STANDARDS 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 s �. a s I 01 �, a 5. LAND USE RVL RL RC RM RMH RH Residential Uses Single family detached dwellings P P I 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 9.60.320 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 carefadlit y 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, subs. to 9.60.200 1 X X X X C C I,oupdate-residential&supresidential 40-3 00004 9.50. RESIDENTIAL DEVELOPMENT STANDARDS TABLE 401: PERMITTED USES IN RESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A = Accessory Use H = Dome Occupation Permit C = Cond. Use Permit S Specific Plan Required' X = Prohibited Use DISTRICT a , ,�, 14 Big q ti.'. C a w 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, equestrian, 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 Outdoor antelinas and 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 calports, 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 4,1k 4000 I.oupdate-residential&supresidential 40-4 9.50: RESIDENTIAL DEVELOPMENT STANDARDS 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 �, � me � � �;•� a �°� 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 finned to one Morse per 2.5 acres. A 'X 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 C C C C C Community recreational vehicle storage lots, noncommercial X X X P P P Zoupdate-residential&supresidential 40-5 9.50: RESIDENTIAL DEVELOPMENT STANDARDS TABLE 401: PERMITTED USES IN RESIDENTIAL DISTRICTS DISTRICT P = Principal Use M = Minor Use Permit A = Accessory Use H Dome Occupation Permit; C = Cond. Use Permit S = Specific Plan Required z X = Prohibited Use > , 0 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 Director or Planning Commission Other principal, accessory or temporary uses not listed in this to determine whether use is permitted Table. in accordance with §9.20.040 loupdate-residential&supresidential 40-6 9.50. RESIDENTIAL DEVELOPMENT STANDARDS CHAPTER 9.50: RESIDENTIAL DEVELOPMENT STANDARDS Sections: 9.50.010Mobile Home Park Development Standards ...... 50-1 9.50.020 Height Limits Near Arterial Highways ........... 50-1 9.50.030 Table of Development Standards ................ 50-1 9.50.040 Illustration of Development Standards ........... 50-3 9.50.050 Maximum Building Height ..................... 50-7 9.50.060 Architectural Projections ....................... 50-7 9.50.070 Irregular Lots ................................ 50-8 9.50.080 Setbacks from Surface Easements ............... 50-9 9.50.010 Mobile Home Park Development Standards. Mobile home parks shall conform to the following standards: 1. Minimum 30 percent common open area; 2. Landscaped Perimeter setbacks for structures: minimum 20 feet at any point and minimum 25 feet average over the entire perimeter; 3. Perimeter setbacks shall not count toward the common open area requirement or vice versa. 9.50.020 Height Limits Near Arterial Highways. In order to facilitate noise screening for residents and preserve visual openness, it is necessary to limit residential building heights near major highways. Therefore, notwithstanding the height standards set forth elsewhere in this Code, additional height limitations shall apply to buildings within 150 feet of the edge of right-of-way of the following General Plan -designated arterial highways: • Major Arterials: All buildings limited to one story. • Primary Arterials: 75 percent of buildings limited to one story. 9.50.030 Table of Development Standards. A. Definitions. For purposes of this Section and this Code, the following definitions shall apply: 1. Livable floor area means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. 2. Lot coverage means the ground floor area of the buildings on a site expressed as a percentage of the net site area. For purposes of this definition, "ground floor area" shall mean all enclosed area, including exterior walls and mechanical spaces. Carports, garages, and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. I oupdate-residential&supresidential 50-1 9.50. RESIDENTIAL DEVELOPMENTSTANDARDS *As shown on the approved specific plan for the project. "As provided in the underlying base district. ' Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Min. lot frontage for flag lots shall be 4-91 S feet. Z Not including basements. Also, notwithstanding above Table, the maximum structure height = 22' for all buildings within 150 of any General Plan -designated major arterial except in the RC'Zone, wAkh is 17feet ' For non -garage portions of dwelling only. Also, projects with ten or more coa tknous single family dwelling units facing the some street shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. ' For all but RVL District, min. garage setback shall be 20' if "roll -up" type garage door is used. Also, for side -entry type garages, the garage setback may be reduced to 20' in the RVL District and 15' in all other residential districts. The following are exceptions to the minimum side setbacks shown: • For interior side yards in the RL, RM, and RMH Districts, a& 4- foot sdditiattM setbwk for every foot of bttilding height $ feet minimant plus I foot addWonal setback for everyfont of building height above 17 feet, orftacdon thereof, up to a maiden n setback of 10 feet when said height above I7 feet is located between S and 10fewfront said sideyard property line.. For RH, S feet minhnum plus ]foot aakl"nal setback far every foot of building height above 28 feet, or fraction thereof, up to a maidnam setback of 15 feet when said height above 17feet is located Between 5 and 10 feet from said sideyard property lime. • Zero lot line homes: 10' aggregate of both sides. • Single family attached homes: 0' on attached side and 10' on open side. • Garages taking access through a side yard shall conform to the minimum garage setbacks shown in this table. Common open area and perimeter landscape requirements do not apply to single family detached projects. Common open area _ % of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: 1 st no. = min. at any point; 2nd no. _ min. average over entire frontage (thus, 10/20). See Sec. 9.60.240 for add'I landscape/open area standards. Zoupdate-residential&supresidential 50-3 9.50: RESIDENTUL DEVELOPMENT STANDARDS 9.50.040 Illlustration of Development Standards. FIGURE 501 RVL VERY LOW DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 20,000 sq/ft Max. Lot Coverage: 40% Min. Livable Floor Area (excluding garage): 2500 sq/ft M �8 ex Max Ht.. 2 i �0t Frontage ,100' RL LOW DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 7200 sq/ft Max. Lot Coverage: 50% Min. Livable Floor Area (excluding garage): 1400 sq/ft MO Ht. a 281 storles..2 i �Mln' �0t F r0ntage � g0 .2 Min. Rear Setback = 30' Min. interior Side Setback = 10' Min. Exterior Side Setback = 20' y garages min. 20' Min. Rear Setback = 20' for new lots and 10' for existing recorded lots °woe -Min. Interior Side Setback = 5' plus add 1' additional setback for every foot of building height over 17', or fraction thereof, up to a Min. front at ackto maximum setback of 10' when said Non -Garage Portion = 201. Min. Garage Setback = 25' height above 17' is located betwee+ (20' if roll-up•type 5 and 10 ft from said side yard prol garage door is used) Min. Exterior Side Setback = 10' line sG US, 50-4 9.50: RESIDENTUL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS: RC DISTRICT ]FIGURE 502 DEVELOPMENT STANDARDS: RM AND RMH DISTRICTS RC COVE RESIDENTIAL DISTRICT Min. Lot Size: 7200 sq/ft' Max. Lot Coverage: 60% Min. Livable Floor Area (excluding garage):1400 sq/ft M S,0` 7,=1 Gore" a�kiln. dot. 4 Front,,, Min: Front Si g®, -Non-Garage Min. Garage • Existing lots under 7200 square feet are (20' if roll -up buildable provided other standards are met. garage door Min. Rear Setback = 10' Min. Interior Side Setback = 5' Min. Exterior Side Setback =10' )ack to ortlon = 20'. Aback = 25' e used) 9.50: RESIDENTL4L DEVELOPMENT STANDARDS FIGURE 503 DEVELOPMENT STANDARDS: RM AND RMH DISTRICTS RM► MEDIUM DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 5000 sq/ft Max. Lot Coverage: 60% Min. Livable Floor Area (excluding garage): 1400 sq/ft Min. Common Open Area: 30%* Min. Perimeter Landscape Setbacks: 10/20* Mex. t- * 28,a 2 1 . dot Frohta For single family attached side setbacks, see RMH below Min. Rear Setback =15' n. Interior Side Setback = 5', but add 1' additional setback for every foot of building height over 171, or fraction thereof, up to a maximum setback of 10' when 20' said height above 17' is located = 25' between 5' and 10' from said side yard property line. Min. Exterior Side Setback =10' Zero Lot Line Homes = *Common open area = % of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: 1st no. = min. at any point; 2nd no. = min. avg. over entire frontage (thus, 10120), This standard does not apply to detached single family residential. See Sec. 9.60.240 for additional landscapelopen area standards. RMH MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT Min. Lot Size for Single Family: 3600 sqlft Min. Project Size for Multifam. Projects: 21 Max. Lot Coverage: 60% Min. Livable Floor Area (excl g garage):1400 sq/ft; Multi f .: 750 sglft Min. Common Open ,Area: 3 ' Min. Perimeter Landscape Setbacks:10120* attachedMax• Sto flee a 2 aide !A , ttln ,,1, 5 Min. Fr�� 00 or Mu 91e Femt item Pr le to a 4p, cts Q 100, Min. Rear Setback =15' MULTIFAU ND SGL FAM. DETACHED: MInJaWrlor Side Setback = 5% but add 1' ditional setback for every foot of building height over 17', up to a maximum setback of 10' when said height above 17' is located between 5' and 10' from said side yard property line. Min. Exterior Side Setback = 10' Zero Lot Line Homes = 10' Aggregate, both sides SINGLE FAMILY ATTACHED: 0' on Attached Side, 10' on Open Side 50-6 00001,315 9.50: RESIDENTIAL DEVELOPMENT STANDARDS FIGURE 504 DEVELOPMENT STANDARDS: RH AND RSP DISTRICTS RH HIGH DENSITY RESIDENTIAL DISTRICT Min. Project Size for Apt. Projects: 20,000 sq/ft Min. Lot Size for Single Family Attached: 2000 sq/ft Max. Lot Coverage: 60% Min. Livable Floor Area for Apt. Units: 750 sq/ft Min. Common Open Area: 30%* Min Perimeter Landscape Setbacks: 10/20* Max Nt.. 40, ex. Stones �tih, Froht$8s for M� Itffam pro leoga a 100 Min. Rear Setback = 20' MUL ILY BUILDINGS: Interior Side Setback =10', 5' minimum plus 1' additional setback for every foot of building height above 28', or frection thereof, up to a maxims setback of 15' when said height above rack to 17' is located between 5' and 10' from ortlon = 20'. said sideyard property line etback = 25' Min. Exterior Side Setback =15' ape SINGLE FAMILY ATTACHED: used) 0' on Attached Side, 10' on Open Side * Common open area and perimeter landscape requirements do not apply to single family detached projects unless a specific plan is required. Common open area = % of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: 1st no. = min. at any point; 2nd no. = min. avg. over entire frontage (thus, 10/20). See Sec. 9.60.240 for additional landscape/open area standards. RSr RESIDENTIAL SPECIFIC PLAN OVERLAY DISTRICT Min. Common Open Area = 30% Perimeter Landscape Setbacks:* * 10' min. at any point, 20' min. average over entire perimeter,"* Other development standards to be as shown on approved specific plan for the project k; Perimeter Lar dsca ing: 10' Min. 20' Min. Average Project Boundary "Perimeter setback area shall not be counted as common 50-7 open area or vice versa 9.50: RESIDENTIAL DEVELOPMENT STANDARDS 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 II II II II II I I Max. Height II II II II Max. I Height Walls und Exterior Finish Grade Aro 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 31/2 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'/2 feet to any property line. 3 . , 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 flog space. 000001 7.oupdate-residential&supresidential 50-8 9.50: RESIDENTIAL DEVELOPMENT STANDARDS 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 sAa s�EYa� f SETBACK IV REAR LOT LINE for E K3 SETBACK ACCESSYM REARYARD , SETBACK / SIDEYARa :SETBACK STREET RIGHT OF WAY 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. i� AiOZR REAR LOT 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. 00()"fo � I oupdate-residential&supresidential 9.50: RESIDENTUL DEVELOPMENT STANDARDS 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 DIRECTOR fFROBUILDABLE AREA LINE ACROSSACCEFLA AY, ACCESSMY Figure 508: Flag Lot Setbacks and Front Lot Line dep than 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 +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 Radendal Design Procedures. loupdate-residential&supresidential 50-10 9.50. RESIDENTIAL DEVELOPMENT STANDARDS 2. Manual on Architectural and Landscape Standards: The Planning Commission shall, by resolution, adoptArchitectural andLandwape Manuals to be used as guidelines in reviewing landscape materials, architectural style, exterior building materials, colors, and mass and scale. 3. Architectural Variety: Duplication of houses having the same architectural design features on the front elevation of other houses located within two hundred feet of each other, shall make provisions for architectural variety by using different colors, roof treatments, window treatments, garage door treatments, and methods. 4. Minimum gross livable area: One thou sand four hundred (1,400) square feet, excluding the garage, as measured from the exterior walls of the dwelling. S. Bedroom dimensions: A minimum ten foot clear width and depth dimensions, as measured from the interior walls of the roam. &. Bathrooms: There shall not be less than one and one -had baths in one -or two -bedroom dwellings, and not less than one and three-quarter bans in dwellings with three or more bedrooms. 7. Exterior walls shall be cement plaster and may be anted with stone, brick, wood, or other similar materials. 8. Sloping roofs on new homes shall be constructed of clay, or concrete tile. Replacement of existing roofs shall also require the use of clay, or concrete tile, unless the Community Development Director determines that the roof support structure will not support such materials. Building additions and accessory structures may have roofs of the same or similar materials as the existing home. All properes listed on the City's Historic Building Survey shall be exempt from this requirement) 9. Landscaping: All front and exterior side yards shall be landscaped to property line. 10. The landscaping shall include trees, shrubs and groundcover of sufficient size, spacing, and variety to create an attractive and uning appearance. Landscaping shall be in substantial compliance with the standards set forth in the Manual on Architectural Standards and the Manual on Landscape Standards as adopted by the Planning Commission. 11. An irrigation system shall be provided for all areas required to be landscaper. 12. The landscaping shall be continuously maintained in a healthy and viable condition. 13. Screening: Refuse containers and bottled gas tanks shall be concealed by landscaping, or masonry walls. loupdate-residential&supresidential 50-11 9.50: RESIDENTIAL DEVELOPMENT STANDARDS 14. Underground Utilities: All electric services, overhead wires, or associatedstructures must be installed underground. 15. Lighting: Ali exterior lighting shall be located and dire so as not to shine directly on adjacent properties and shall comply with the Dark Shy Ordinance. 16. Fencing: Rear and side yards shall he completely enclosed and screened by view -obscuring fencing, walls, or combinations as illustrated in the Manual on Architectural Standards. 17. Earth fill shall not exceed what is necessary to provide minimum required drainage to the street` 18. Wken there is a combined ruining and ganten waX and the retaining wall exceeds three feet, the garden wall shall not exceedfive, feet in height. B. Building design guidelines Multiple approvals. Developers or applicants who have obtained, or applied for, twenty or more approvals for construction of single-family houses within the RC District shall comply with the following: 1. Master design guidelines. Submit master design guidz Ines to the Planning Commission for approval. Guidelines are to contain plans and information specrfying the methods for varying the exterior appearance of the single-family houses. 77#is shall include, but not be limited to, variations of architectural design including roof types, window treatments, entry treatments, and setbacks. Z Compliance with guidelines: Cove Residential Design approvals for single-family houses shall comply with the Design Guidelines as approved by the Planning Commission. C. Limit on Approvals. 1. A maximum of five unsold houses may be under construction by a single applicant at any one time unless an adjustment has been approved pursuant to section 9.50.090 D 7. D. Cove Residential Design Application Procedures. 1. Cove Residential Design. The following procedures shalt apply to all applications for approval of a Cove Residential permit: Applications for consideration of a Cove Residential Design approval shall be made to the Community Development Department"anning Commission. The application shall be accompanied by three complete sets of plans consisting, at a minimum, of the site plan, floor Plan and front building elevation, and if appropriate the shwt sideyard elevation, a deed 600041 Zoupdate-residential&supresidential 50-12 9.50: RESIDENTIAL DEVELOPMENT STANDARDS showing the applicant's ownership of the subject property, or a letter of authorization from the property owner consenting to the submittal of this application, and a filing fee as set by resolution of the City Council. 2. Determination of ConVietenem The Community Development Department shall make a determination of completeness at the time of submittal of theapplicadon and shall not accept for processing any application which is not completew This determination shall be based upon a written checklist, a copy of which shall he provided to the applicant if the application is determined to be incomplete. 3. Required Plans. The plans shall be drawn to scale (1 " = ff using a 24" X 36" sheet format) and shall indicate clearly, and with full dimensioning where applicable, the following: a. Name and address of the applicant. b. Name and address of all property owners of the subject property. G Legal description and assessors parcel number. d. Lot dimensions. e. Location of adjacent streets, drainage structures, utilities and other features that nary affect the use of the property. f The use and dimensions of all proposed buildings and structures (including existing structures proposed for retention), and their setbacks from property boundaries and between buildings g. Location and construction of proposed driveways and off-street parking areas h. Exterior building materials and colors. i. Landscaping plan for the front yard, and sideyards adjacent to the street for corner lots, shall indicate the size, species, and location of all materials. 1 Location and type of materials, for all fences or walls, including retaining walls. k. Grading and drainage plan showing existing elevations at one -foot contour intervals, proposed elevations, adjacent roadway elevations, finish floor elevation of garage, finish elevations at each building corner and flow litres of surface water on and off the site. 4. Findings Required for Approval. No Cove Residential Permit shall be approved unless the Community Development l3irectorManning Commission determines that it complies with the following standards: 0 0 04" Zoupdate-residential&supresidential 50-13 9.50: RESIDENTIAL DEVELOPMENT STANDARDS a. The proposed use and design conform to all appikable requirements ref the City's General Plan and any other applicable speciflc plan adapted by the City in effect at the date of approval. b. The proposed development complies with the requirements o, j'the RC District c. The architectural aspects of the front elevations have varied architectural design features from other houses within 200 feet. d. Approval of the development shall not be a detriment to the public's health, safety, and welfare. a The design tapes into account the existing physical characteristics of the site, including topography, drainage, and trees f. Approval of this development does not exceed the nsaximum limit offlve unsold houses under construction by a single applicant at any one time, unless an adjustment raising this limit has been approved 5. Review of Application. Within two weeps after acceptance of a complete application, the Community Development Direr shalt approve, conditionally approve, or deny the precise plan application; or shall advise the applicant that an adjustment must be requested 6. Term for Approval. A Cove Residential permit shall be approved for a period of time not to exceed six tenths, by which time a buUdingpermitshalf have been obtainers. Upon securing a building permit, time limits set forth in the Uniform Building Code shall apply. 7. Conditional Use Pernutprocedure for affordable housing. Applications for conditional use permits shall be made for variations of development standards pursuant to Section 9.60.270.D.4. for affordable housing units produced In conlianee with State or Federal housing program implementation. 8 Adjustments Procedure. Where provided for in this Section, an applicant may request an adjustment to certain design and development standards. a. Filing. Applications for the consideration of an adjustment shall be made to the Community Development Director. The application shall be accompanied by nine complete sets of plans consisting of a minimum of. the site plan, f loor plan, and exterior building elevations, a deed showing the applicant's ownership of the subject property or a letter of authorization from the property owner consenting to submittal of this application, a listing of all property owners within a two -hundred foot radius of the subject property, and a filing fee as set by resolution of the City Council 000043 I.oupdate-residential&supresidential 5 0-14 9.50: RESIDENTIAL DEVELOPMENT STANDARDS b. Determination of completeness: sante as Subsection D2 of this section. e. Required plans: same as Subsection D3 of this section. d. Findings required for approval: saute as Subsection D4 of this section. e. Review ofApplicadon. Within thi y days after r ace nee of a complete application, the application shall be presented to the Planning Conwission, who shall approve, conditionally approve, or deny the application. f. Notice of Planning Commission Review. A notice shall be mailed within a minimum of seven calendar days prior to the Planning Commission Ming to all property owners within a two -hundred (200) foot radius of the subject property. g. Term of approval. same as Subsection D6 of this section. S. Appeals Procedure. An applicant, or any other interested party, may appeal in writing, stating the reasons for appealing the decision of the Community Development Director to the Planning Commission, or the decision of the Planning Commission to the City Council, withinjifieen (IS) calendar days o,f'the date of decivion,, in accordance with the provisions of Section 9.200.120. J0,0u 4 T I.oupdate-residential&supresidential 50-15 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 Speciai 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 ...... 60-43 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: 1. Open railings, up to 48 inches high, placed on top of a retaining or other wall and Figure 601: Measurement of Fence Height required for pedestrian safety shall not be included in the height measurement. Ej��tv4J I.oupdate-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. H=imum 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 C.4. 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 00004 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 parkway wMth is less tkan 12 feet wtde� 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 dHveway gauss shall be constructed of ornamental ironitabular steel and metal if soliA If screening an RV, the gate shall be constructed v, f a solid opaque material. 2. Width. Pedestrian gates shall not exceed 48 hiches 5-feet in width, except that ether gates may be any width in sideyark fertees 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: 1. 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. I.oupdate-residential&supresidential 00004 i 60-3 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 and installed per the Uniform Building Code placed five+eet an eeryta. A41 fences SWI 1mve a Concrete footing oT approved post base or be embedded in cm=ete in a nmvm Mfich alfaws stwiding vv ter drain front flye post he*. fhe posts sW! be instaiW on the intetior side of the lot Wi fencing materiai on the outside edge of the nVport 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 and Construction Fences. The use of barbed wire, razor wire, chain link, or similar materials in or on fences is prohibited in all residential districts. in additierr, chain link fiencing is preffibited vvitifin mquimd front setbwks or between the stiect and building adjacent to a street orb: Chain link fencing is permitted for temporary construction fences when authorized by a minor use permit issued in accordance with Section 9.210.020. Said ruiner use permit shall not be approved until a permit for grading, or construction has ben, filed for, which ever comes first: Zoupdate-residential&supresidential 60-4 i C�004 � 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: 1. The location of decks wtd be4eot�es 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. 3. 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. , arbom, and sirrAlarsftttetwes; Eaves or roofs may overhang into the required setback a maximum of one f IS inures. 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. I.oupdate-residential&supresidential 60-5 9.60. SUPPLEMENTAL RESIDENT79L 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 f, . 9. No patio cover, trellis, gazebo, arbor, similar structure, or combination thereof shall cover more than 50 percent of the ywd rear area required setback between -the msidetwe and the re property line. 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. 1. 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 1-5 .............................. 101-200 10 5 .................... 20 5 10 5 :........................ ................................... :.................. 201+ :..................................... 17 ;........................ 10 :........................ .................. same as for main building 7.oupdate-residential&supresidential 60-6 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS 9.60.060 Garages and Carports. A. Height. The maximum structure height shall be 14 feet for a detached carport and 17 feet for a detached garage, except that garages may be up to 28 feet in height if a second dwelling unit complying with the provisions of Section 9.60.090 is located above the garage. B. Setbacks. 1. In the RVL district, the minimum garage or carport setback shall be 30 feet. In all other residential districts, the minimum setback for front -entry type garages or carports shall be 25 feet if a standard "pivot" type garage door is used, 20 feet if a "roll -up" type garage door is used, and 20 feet for a carport. For side -entry type garages, the minimum garage setback shall be 20' in the RVL District and 15' in all other residential districts. 2. When alleys, private streets or common driveways at the rear of a lot are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests and emergency vehicles, garages and carports may be placed up to a minimum of five feet from such alley, private street or common driveway. C. Lot Coverage Maximums. The placement of a garage or carport on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. 9.60.070 Swimming Pools. A. Applicability. The provisions of this Section shall apply to any outdoor swimming pool, whirlpool, spa (in -ground or above -ground), or open tank or pond containing or normally capable of containing water to a depth ofdwee 18 inches or more at any point. For purposes of this Section, the term "pool" means all or any of the foregoing facilities. B. Standards. Pools are permitted as accessory uses in residential districts subject to the following requirements: Location. Pools shall be located at least three feet (measured from water's edge) from any property line . No adjustment to these minimums shall be approved with the exception of private gated communities, pools may be located up to the property line if adjacent to common open area. (Revised 4/97) 2. Filter and Heating Equipment. Mechanical pool equipment, such as a pump, filter or heater, shall may be located within the required front, side, or rear yard setback areas. The equipment shall be no closer than4m three feet from the side property line unless such equipment is placed within a building, underground vault, or other I.ou date-residential&su residential 60f-}7 P P 60005 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS enclosure. The Director shall determines if' this provides effective noise and vibration attenuation. Equipment try be placed adjacent to the front or rear property tine if enclosed on at least three sides wfth a block enclosure. The equipment cannot be located in the front yard area for a pool that is located in the rear of the house and vise versa.. v+ieh 44te . Equipment shall be screened from view from the street when in the front yard. In addition, equipment shall be screened from ground view of surrounding properties. Such visual screening may consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting. 3. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the City's Building Code Chapter 8.06 state law and other applicable laws and ordinances. (Revised 4/97) 4. Screening shall be provided as required in Section 9.60.14OB(2). 9.60.080 Satellite Dish and Other Antennas. A. Purpose. Satellite dish and other antennas consistent with the design and location provisions of this Section shall be permitted as accessory structures within any residential district. B. 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). Satellite dish and other antennas are permitted as accessory structures in nonresidential districts in accordance with Section 9.100.070. C. Permitted Noncommercial Antennas. Noncommercial privately -owned television and/or radio antennas shall be contained entirely within a building except for: (1) satellite dish antennas and other antennas which cannot function when completely enclosed by a building, and (2) amateur radio antennas used by operators licensed by the Federal Communications Commission (FCC, pursuant to 47 CFR § 97). Such permitted outdoor antennas shall comply with the following design standards and requirements: 1. Number. No more than one satellite dish and one amateur radio antenna shall be permitted per lot. 2. Height and Diameter. Satellite dish antennas shall not exceed eight feet in height measured from adjacent grade or finish floor and shall be no more than eight feet in diameter. Amateur radio antennas shall not exceed the maximum building height for the district as specified in Section 9.50.030. Zoupdate-residential&supresidential 60-8 9.60. SUPPLEMENTAL RESIDENTL4L 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. 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 dorm% 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. 'IcHi51J I,oupdate-residential&supresidential 60-11 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS D. Standards for Guest Houses. A guest house may be constructed as an accessory use in the RVL or RL Districts subject to approval of a minor use permit. All guest houses shall conform to the following standards: 1. Detached guest houses shall conform to all applicable Building Code standards and all development and design standards of the zoning district in which they are located. In addition, the height of the guest house shall not exceed 17 feet and shall not be more than one story. 2. Guest houses shall be architecturally compatible with the main unit. 3. The floor area of the guest house shall not exceed 30 percent of the existing living area of the principal residence. 4. The placement of a guest house on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. 5. There shall be no kitchen or cooking facilities within a guest house. 6. A guest house shall be used only by the occupants of the main residence, their non-paying guests, or domestic employees. The guest house shall not be rented or otherwise occupied separately from the main residence. 7. A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guest house to a rental unit, to a unit for sale, or to add a kitchen or cooking facility. 8. If a private sewage disposal system is used, approval of the local health officer shall be required. 9.60.110 Home Occupations. A. Purpose. The regulations set forth in this Section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. B. Permit Required. Establishment and operation of a home occupation shall require approval of a home occupation permit processed by the Director of Building and Safety in accordance with Section 9.210.060. Information shall be provided to ensure that the proposed home occupation complies with the requirements of this Section. Additional information necessary to make the findings required for approval may be required by the City. C. Use and Development Standards. In addition to the requirements for each residential district, the following standards shall apply to the establishment and operation of home occupations: I,oupdate-residential&supresidential 60-12 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS owner who owns a vacant lot immediately adjacent to their permanent place of residence, may park only their RV on said lot with appropriate pad. Areas containing grass or native soil are not approved for the parking or storage of RV's. RV's parked in the driveway or immediately adjacent to and parallel to the driveway, may encroach into the right-of-way, provided that no part of the RV extends over any sidewalk, curb, or travelway. E. Storage on Commercial Property. The storage of RV's is prohibited on commercially zoned property unless it is in a validly established RV storage, sales, or repair facility. F. Habitation. Habitation of any RV legally parked or stored, is not to exceed 72 consecutive hours or for a combined total exceeding 72 hours during any seven day period, at any location or combination of locations within the City. G. Utilities. Legally parked or stored RV's may be connected to an approved source of electricity in conformance with the National Electric Code. Except for in a legally established RV Park, water and sewer connections cannot be made to any RV unless it is for temporary maintenance purposes. No generator may be used in any RV parked or stored in the City unless it is for temporary servicing or during a lapse of commercial electrical power in the area in which the RV is located. H. RV Maintenance. It shall be unlawful and a public nuisance to park, store, or leave standing in public view, upon any public or private property, any RV that is wrecked, dismantled, unregistered, inoperative or otherwise unsightly. Any RV shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled, or the RV exterior becomes otherwise dilapidated. I. Enforcement. 1. Any violation of this Section which occurs in the public right-of-way is declared a public nuisance and is subject to citation and/or removal at the owner's expense. 2. Any violation of this Section which occurs on private property is declared a public nuisance and is subject to citation and/or formal abatement procedures as contained in Chapter 11.72 of the La Quinta Charter and Municipal Code. 9.60.140 Screening. A. Parking Area Screening. Screening of common parking areas shall be provided for all residential projects in accordance with the requirements for nonresidential uses in Section 9.100.050. B. Equipment Screening. 1. Roof -Mounted Equipment. Roof -mounted utility and mechanical equipment, including but not limited to air conditioning, heating, restaurant exhaust fans, electrical elevator structures, roof accesses, etc., may be permitted only if as follows: () (l 01 is I,oupdate-residential&supresidential 60-15 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS a. For flat roofs, a screened enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. For all reef, Screening shall be an integral part of the roof design and not appear as an afterthought. b. Such screening shall be provided so that the highest point of the equipment is below the surrounding architectural feature and is screened from view to a minimum horizontal sight distance of 1320 feet as viewed from a point five feet above finish grade, whichever provides the most screening. c. A* Roof mounted equipment shall be screened from view of surrounding two-story (or more) residential development and, where feasible as determined by the city, from two-story commercial and other types of development. d . No equipment shalt be placed on any sloped roof. 2. Ground -Mounted Equipment. Ground -mounted utility, mechanical, and pool, or spa, or water feature equipment shall be screened from ground view of surrounding properties. Such screening may consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting. Equipment within unenctused exterior side yards shall be screened by an opaque wall. 3. Solar Equipment. Solar heating equipment, whether roof- or ground -mounted shall be installed so that the underside of the equipment is not visible from surrounding properties. 4. Access Ladders. Wall -mounted exterior roof access ladders are prohibited unless screened from view by surrounding features. C. Facility Screening. Within multifamily and condominium projects, storage, trash, and loading areas 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 9.60.220. Decorative overhead structures such as trellises shall be integrated into the enclosure design if it is visible from higher terrain. 3. Loading Areas. Loading platforms and areas shall be screened from view from adjacent streets and residential, open space and recreation areas. 9.60.150 Tennis and Other Game Courts. A. Permits Required. Construction of tennis and other game courts, including fencing, may be permitted as indicated in Section 9.40.040. Enclosed game courts shall comply with Section 9.60.050 I.oupdate-residential&supresidential 60-16 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS d. Maximum 15 bunting signs, with maximum size to be approved by the Director of Community Development. 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. Site Develepm+ettt Minor Use Permit Required. Approval of a site -d ele ent 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 Z.oupdate-residential&supresidential 60-19 000057 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS approved unless the Commission Director finds that the dwelling meets 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. 9.60.190 Fad Child Care Facilities A. Purpose. The purpose of this Section is to provide standards for the establishment and operation of child or f��!y day 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 B�qy Child Care Facilities. Family 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 licensed and 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 meted to less than five feet in height. C. Large BkZy Child Care Facilities. Fly 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 d" child care facilities plus the following: 1. A minor use permit approved by the Community Development Director shall be required to establish a large f�mily&y 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 family 4" 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. r ".)I Zoupdate-residential&supresidential 60-20 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS 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. 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 Dousing. 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 licensed and 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) 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. Zoupdate-residential&supresidential 60-21 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS 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: 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 I,oupdate-residential&supresidential 60-22 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS setback adjacent to the street curb or sidewalk shall include earth bergs varyingfrom twofoot tofour feet in height over a minimum of 75% of the area. If storm water retention area is required, or needed, in the setback, it may beprovidedparsuant1bSubsecdon Fof this Section. 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. 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. 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 adjacent to the perimeter streets shall not be used four storm water retention for storm water falling on the project site, but may be used, for some storm water retentionfor storm wetter 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 ZO 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� Loupdate-residential&supresidential 60-23 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS c. The maximum slopefor at le t 50% of4e perioderof a d4wessed area shall not exceed a steepness ratio of 8r1 (8 horizontal units to one ven*af unit), d. The maximum slopefor r up to 56016 of thepeMneter olF'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 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. I.oupdate-residential&supresidential 60-24 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS 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. 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. United States, state, and otker similar flags shall count in the maximum ®f eight flags. 2. Height. Flag poles 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. I.oupdate-residential&supresidential 60-25 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS 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. 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. 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 (bonds, letters of credit, eta) 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: I,oupdate-residential&supresidential 60-26 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS 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, miss materials, colors, and overall appearance. C. Applicability. This Section applies to all second story adds 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 fling 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 men uttiHouses whkin a trrad under the compatibility review I.oupdate-residential&supresidential 60-39 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS 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. 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 dwellings), 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 morass and scale 600 r Zoupdate-residential&sup,-esidential 60-40 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS 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 nun*er of trees on each lot to be the saw as that provided far 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 less fkan the square footage of the original units by the original developer which have either been approved or constructed. 6. Residential units whh identical, or similar, front elevations shall not be placed on adjacent lots or directly across the street from one another. 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. A minor design deviation can be approved by the Community Development Department without a public hearing. Minor design deviation means a modification of an approved architectural unit within a subdivision that involves items such as, but not limited to, less than 5% change in square footage of existing constructed or approved units; columns, dormer vents, window size changes, plant -on locations, color, and stucco texture changes. The Community Development Director may refer the minor design deviation to the Planning Commission as a Business Item under the site development permit process. 2. A major design deviation is subject to the compatibility review for partially developed subdivisions. A major design deviation means a five percent or more change in square footage of existing constructed or approved units; any exterior architectural modification not to defined as a minor design deviation. 9.60.310 Restrictions on Multi -Story Buildings at Project Boundaries. A dwelling located next to a project or City/County, or tract boundary shall be limited to one story if an existing one story dwelling is within 50-feet of the common property line, unless there is a street separating the two. 00006 I,oupdate-residential&supr�-sidential 60-41 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS Section 9.".320 Resort Residential A. Purpose. Resort Residential provides for the development and regulation of a range of specialized residential uses that are indi dually owned but rented, for per s of 30 consecutive days or less, on a regular basis and oriented to tourist and resort actiaify as part of a Golf/Resort Country Club. Land uses include single family detached or attached residential uses, 200 roarer resort hotels, eating and drinkingfizeffifies, small accessory retail and personal service shops, and recreational buildings. B. Review Process, Resort residential uses are peratNed when developed as part of a residential golf country club. The conditional use application review process small be used subject Section 9.2T 0.020. C: Development Standards. The following standards apply to the development of Resort Residential uses: Min. Lot Frontage Max. Building Height M" No. Of Stories Min. Livable Floor Area Excluding Garage Min. Front Yard Setback from: Street or Parking Stall Curb Pedestrian Circulation Walks Garagelcarport Setbackfrom Street Curb Min. Building to Building Setback: Without Partial Attachment (See Note) With Partial Attachment (See Note) Min. InteriorlExterior Side Yard Sete Min. Rear Yard Setback Maximum Allowable Fall height Minimum Parking Required Jo ft. 28 ft.(1) 22 ft.(]jAdjacent to Arterial Street. 2 420 sglft. 8A 5 ft: 5 ft. 6f. 4 ft. 3 ft.(2) 5 fi. 8fk I Space per Bedroom 1 Space per 300 sq/ft. GFA Note: Partial attachment of two buildings is made when an enclosed area having a typical interior function such as a hot water heater closet, furnace closet, or other essential use, is attached to two otherwise separate buildings. Construction standards and fire ratings shall meet U.B.C. requirements. 1. r .Chimneys, roof vents, finiahs spwes� and sWar architectural features not containing usable space are permitted to extend up to three feet alcove the maximum structure height 2. Residential unit's supporting mechanical equipment shall be allowed within side yard setback area with a minimum three foot clearance to the side property 000JG� loupdate-residential&supresidential 60-42 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS D. Allowable Resort Residential Units and Commercial Uses. The densdy of the allowable units is determined by the underlying General Plan land use designation. The eating and drinking facilities, small accessory retail and personal service shops, and recreational buildings shall be an integral Apart of the development These facilities shall not utilize mare than five acres of the total site. E. Transient Occupancy Tax. Resort residential shall be applicable to all provisions of Chapter 3.24 of the Municipal Code. 9.60.330 Residential Tract and Country Flub Architectural Design Guidelines. A. Purpose. The purpose of this Sec9on is to: 1. Provide architectural guidelines to insure a varied and aesthetically attractive view from the street as well as from the lot for all new tracts and country clubs. 2. Provide for an increased spatial variety in plotting of un. 3. Provide for an attractive project entrance B. Applicability. The provisions of this Section shall apply to all residential tracts and country club developments. C. Site Development Permit Required. All projects subject to these guidelines shall obtain approval of a Site Development Permit from the Planning Condssion as a business item, unless required otherwise. D. Design Guidelines. 1. Each prototype plan proposed shall be pr d with a minimum two derent front elevations with structural changes (roof f'type, height, etc.)to insure a varied and marked difference. 2. No more than one o, f 'each prototype playa shall have a continuous (one height) roof (such as a hipped or gable) when viewed from the front and rear of the unit. 3. Any side of a residential unit than is, f cat (one ccaadnaous plane) shag have windows (2' X 2' or larger) and doors provided with plastered or wood surrounds (3" minimum depth) on at least two sides of the frame. 4. Activity areas such as the kitchen, nook, and family rooms shall be designed to be adjacent and accessible to exterior courtyards and large rear yard areas. Conversely, the master and 7.oupdate-residential&supresidential E 0(1E1G3 60-43 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS accessible to exterior courtyards and large rear yard areas. Conversely, the master and secondary bedrooms should be located adjwent to the smaller, more private exterior areas. E. Project Entrance. 1. Vehicular entrances into projects shall be provided with an enhanced design. This shall include, but not be limited to, increased landscaping quanfifies and sizes, earth terming, upgraded corner wall design and project identification sign. 9.60.340. Custom Home Design Guidelines. A. Purpose. Because custom home subdivisions and projects have homes that are individually designed and constructed by property owners, design guidelines shall be required to insure that the residences are compatible. B. Applicability. The provisions of this Section shall apply to subdivisions and residential projects which are entirely or partially made up of custom homes. C. Planning Commission Approval, The design guidelines shall include, but not be limited to, the following: 1. Statement that compliance with minimum design standards is required (Le., setbacks, lot coverage, building height, landscaping, unit size, screening, garages, etc.). There standards may be more restrictive than City requirements. Z. Standards for architectural We materials, and colors, etc., of residences and related construction. 3. Formation, composition, and operation of an architectu l and design review coma ddee for the project. D. Allowable Resort Residential Units and Commercial Uses. The density of the allowable units is determined by the underlying General Plan Land Use designation. The eating and drinking facilit%s, small accessory retail and personal service shops, and recreational buildings shall be an integral parrs of the development. These facilities shall not utilize more than five acres of the total site: E. Transient Occupancy Tarim Resort residential shall be applicable to allprovisions of Chapter 3.24 of the Municipal Code. I.oupdate-residential&supresidential 60-44 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 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 .............. 100-21 9.100.030 Fences and Walls .................. 100-1 9.100.170 Construction and Guard Offices ...... 100-21 9.100.040 Landscaping ...................... 100-3 9.100.180 Relocatable Buildings .............. 100-22 9.100.050 Screening ........................ 100-4 9.100.190 Recycling Collection Facilities ....... 100-23 9.100.060 Detached Accessory Structures ........ 100-6 9.100.200 Trash and Recyclable Materials Storage 100-25 9.100.070 Satellite Dish and Other Antennas ..... 100-7 9.100.210 Noise Control .................... 100-26 9.100.080 Christmas Tree Sales ............... 100-8 9.100.220 Operational Standards .............. 100-28 9.100.090 Halloween Pumpkin Sales ........... 100-9 9.100.230 Hazardous Waste and Materials ...... 100-29 9.100.100 Produce and Flower Stands .......... 100-9 9.100.240 Service Station Standards ........... 100-30 9.100.110 Outdoor Vendors ................. 100-10 9.100.250 Child Day Care Centers ............. 100-32 9.100.120 Outdoor Storage and Display ........ 100-10 9.100.260 Senior Group Housing .............. 100-32 9.100.130 Sidewalk Sales and Commercial Events 100-12 9.100.270 Single Room Occupancy (SRO) Hotels 100-33 9.100.140 Temporary Outdoor Events ......... 100-13 9.100.280 Bus Stop Benches and Shelters ....... 100-33 9.70.020 NR Nonresidential Overlay District. 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. Zoupdate-nonresidential 70-1 9.70: NONRESIDENTIAL DISTRICTS 9.70.030 CR Regional Commercial District. A. Purpose and Intent. To pri► verity 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. Zoupdate-nonresidential 0U(.)0°�'� 70-2 CHAPTER 9.80: NONRESIDENTIAL PERMITTED USES Sections: 9.80.010 Development 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.I.8, single family residential uses may be established in the CR District outside the NR Nonresidential Overlay as pwt of mixed tise pyojects. 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 o, f'single fatuity residen al. 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. 61000 E .J Zoupdate-nonresidential 80-1 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 specific elan 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 = Specific Plan 3a o re F o ° o S W W W z�, W W v LAND USE CR CP I CC ICN CT I 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 I 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. lti 00V 7.oupdate-nonresidential 80-2 9.80: PERMITTED NONRESIDENTIAL USES TABLE BUI: PERMITTED USES IN NONRESIDENTIAL DISTRICTS DISTRICT P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit. Permit X = Prohibited. Use C = Conditional Use S = Specific Plan p LAND USE CR CF CC CN CT 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 Store e 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, blue2rinting 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 I 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) Zoupdate-nonresidential 0008M 9.80. PERMITTED NONRESIDENTIAL USES TABLE $01: 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 I�= Ic U U g 4 LAND USE CR CP I CC ICN CT I 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 princi al 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 Graf courses and country clubs (see GC Distrkt permitted uses, Chapter 9.120 X C A X C X C A *-P DrMng Range Unlighted P *A C E X P *A P Commercial Recreational P X P C P X C Driving Range Lighted C X C C C X C Tennis clubs or co leases C A C X XC A C Health clubs, martial arts studios, and dance studlrns, SOIiO s / t oar area or less M P M P M P M P M P M P 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 I P Loupdate-nonresidential 1 �8[[0-4 4 9.80: PERMITTED NONRESIDENTIAL USES TABLE $01: PERMITTED USES IN NONRESIDENTLAL 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 U ; H u LAND USE CR CF CC CN CT CO MC Museum or gallery displaying sculpture, artwork or crafts, including schools for above P P P P P P P Parks, unlighted la fields, and open sace P P P P P P P Lighted playfields X I 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 Private swim schools :tCEC EC X C X C I.oupdate-nonresidential O00071 80-5 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 g �^ a t. as LAND USE CRI 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 S X X X X X X Sixr le argil 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 Accessory 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 Sin le room occupancy (SRO) hotels, sub'. 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 -use proj : residential and q A aMnbm iall es X x ex, X X X Hotels and motels C X C X C X X RVRental Parks and OwnershiplAk*ersft Parks C X X X 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 N - 0000 Loupdate-nonresidential 9.80: PERMITTED NONRESIDENTIAL USES TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A = Accessary Use T = Temporary Use Permit C = Conditional Use Permit X = Prohibited Use}� S= Specific Plan DISTRICT ail4.3 py U a UU � to zv o ,^ n U ° q U L G w � LAND USE CR CP CC CN CT CO Me 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 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 C X X X X X Truck and/orequipment rentals C C 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 Display) 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 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 4 Accessory Use T = Temporary Use Permit C = Conditional Use Permit X = Prohibited Use S '"' Specific Plait DISTRICT -3 U = U fl e U z U o U p LAND USE CR J CP CC I CN CT I 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 cleanin or laundryplants C C C X X X X Communication or relayfacilities/antennas as rims 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 I X I X X X X Sign making, except sandblasting P P I 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 I A A A A A A Loupdate-nonresidential � t3 r. } - �80-g 0 (� f.� �y l 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 n s a4 LAND USE CR CP CC CN CT 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 Ternporary 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.f8110.480* 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 ermitted. 0U0�i loupdate-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 walls at a vertical distance equal to the specified maximum height. This definition is illustrated below: STRUCTURE MAY NOT PENETRATE IMAGINARY PLANE II ' II I II II II I I Max. Height I� II i 11 I i1 Max. 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 otiiet anten Communication Towers and Equipment regulations). vUri��N I,oupdate-nonresidential 90-1 9.90: NONRESIDENTML DEVELOPMENT STANDARDS TABLE 901: 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. Struetttre Bu3f ding 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)2 .35 .50 .30 .25 .25 .30 n/a From Highway I I I Right -of- Way' 50/ 50 50/ 50 50/ 1 50 n/a n/a n/a n/a 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 Setbacks From all other Perimeter Street Rights -of -Way' 20/ 10 20/ 10 20/ 10 20/ 10 20/ 10 20/ 10 20/ 10 (in ft.)4 From residential districts and 50/ 50/ 50/ 30/ 30/ 30/ 30/ PR, OS, & GC districts' 10 10 10 15' 15 s 15' 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 1 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.) 4 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 00- 0oS: I.oupdate-nonresidential 90-3 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 offence 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 00()0S 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS C. Height Standards. The construction and installation of fences shall be in compliance with the following standards: 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 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 ifpar*way width is less than 12;feet wide. I.oupdate-nonresidential 100-2 0000 S: 9.100: SUPPLEMENTAL NONRESIDENTUL 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. 77se we of barbed wire, razor wire or similar materials in or on fences is prohibited in all l nonresidential Zon es. In addition, chain link fencing is prohibited in any location where it is readily visible from off Me 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.ou date -nonresidential 1,O073 p 600WEE 9.100. SUPPLEMENTAL NONRESIDENTIAL 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 suet curb or sidewalk shall include landscaped earth berms varyingfrom two to three feet in height over 75% of the area. Berms shall not be more than 28 feet in width at the baser If rm water retention area is required, or needed in the setback, it may be provided pursuant to Subsection C of 'this Section. C. Use of Landscape Setback Areas for .Retention. Tire 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 nWer fartling within the setback area itself and the adjacent street right of way provided the retention areas are des4ped to the following guidelines: 1. The maximum depth of the depressed areas for storm water retention shall not exceed Z 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 Srlo tr, f'the ammeter 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 necessa7 to mitigate adverse visual impacts created by the project. V 0 t-) f 1 IS I,oupdate-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). 0 0 0 0 S I.oupdate-nonresidential 100-5 9.100: SUPPLEMENTAL NONRESIDENTIAL 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. base: Landscaped berms may be used for screening individUally Or in combinat%n 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. Zoupdate-nonresidential 6 v O (18 J 100-6 9.100. SUPPLEMENTAL NONRESIDENTIAL 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: 3.0 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: 1. 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. 0101109; I.oupdate-nonresidential 100-7 9.100: SUPPLEMENTAL NONRESIDENTL4L REGULATIONS 3. Within the panhandle portion of a panhandle building site. 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)mid 4his-Seefie - 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: 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 Sfoot 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: 00009_' I.oupdate-nonresidential 100-8 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 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. 9.100.100 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. Geneheile YeAley grown; Fresh 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: , 1J!100U, Loupdate-nonresidential 100-10 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 1. 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 it 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 pemonent 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 NONRESIDENTL4L 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. c. 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: 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. 00000 Zoupdate-nonresidential 100-12 9.100: SUPPLEMENTAL NONRESIDENTIAL 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 loca don, 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 arc 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 Owftfour 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 conducted on sidewalk areas and 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 NONRESIDENTL4L REGULATIONS 2. Outdoor Building/Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing, or other purpose is prohibited except with incandescent fixtures less than 160 watts, fossil fuels, and/or glass tubes (see table in Subsection F of this Section) 3. New Mercury Vapor Installations. The installation of mercury vapor fixtures is prohibited. All existing mercury vapor lights installed shall be fully shielded. 4. Illuminated Awnings. Tire use of ligk ing inside a transparent or translucent ground or wall mounted awning is prohibited. H. Procedures for Compliance. 1. Applications. a. Any individual intending to install outdoor lighting fixtures (other than incandescent of 160 watts or less) shall submit an application to the Building and Safety Department providing evidence that the proposed work will comply with this Section. b. Any individual applying for a building permit and intending to install outdoor lighting fixtures (other than incandescent of 160 watts or less) shall as a part of the application submit such evidence as may be requested that the proposed work will comply with this Section. Utility companies, lighting or improvement districts entering into a duly approved contract with the City in which they agree to comply with the provisions of this Section shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting. 2. Contents of Application. The application shall contain, but shall not necessarily be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in the City regulations for the required permit: a. Plans indicating the location on the premises and the type of illuminating devices, fixtures, lamps, height, supports, and other devices. b. Description of the illuminating devices, fixtures, lamps, supports, shielding, filtering and other devices. This description may include but is not limited to, wattage, lighting output, manufacturer's catalog cuts, and drawings (including sections where required). c. The above required plans and descriptions shall be sufficiently complete to enable the building official to readily determine whether compliance with the requirements of this Section will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab. 00009 ` Zoupdate-nonresidential 100-19 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 3. Issuance of a Permit. Upon the determination that the installation will be in compliance with the requirements of this Section, the Building Official shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application. 4. Appeals. Appeal procedures of the zoning regulations for decisions of the Building Official shall apply. 5. Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the Building Official for approval. with adequate information to assure compliance with this Section. I. Exemptions. Nonconforming Fixtures. All outdoor light fixtures existing and fully and legally installed, prior to the effective date of Ordinance 148 (the original ordinance adopting these outdoor lighting regulations) may remain in use as nonconforming structures indefinitely provided, however, that no change in use, replacement, structural alteration, and (after abandonment) no restorations of outdoor light fixtures other than bulb replacement shall be made unless it thereafter conforms to the provisions of these regulations. 2. Fossil Fuel Light. Light fixtures using fossil fuel (i.e. Light produced directly or indirectly by the combustion of natural gas or other utility type fossil fuels) are exempt from the requirements of this Section. 3. Government Facilities. Those facilities and lands owned and operated or protected by the federal government, the state of California, the County of Riverside, or the City of La Quinta are exempted by law from all requirements of this Section. Voluntary compliance with the intent of this Section at those facilities is encouraged. 4. Recreational Facilities. The illumination of outdoor recreational facilities, public and private, is exempt from the requirements of this Section with the following limitations: a. The light fixtures for outdoor recreational facilities shall meet the shielding requirements in the table in Subsection F of this Section. b. No such outdoor recreational facility shall be illuminated by nonconforming means after 10 p.m. except to conclude a specific recreational or sporting event or any other activity conducted at a ballpark, outdoor amphitheater, arena, or similar facility in progress prior to 10 P.M. J. Temporary Exemptions. Loupdate-nonresidential 100-20 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 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: 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. 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 temporsul use permit. U U " () 9 Loupdate-nonresidential 100-22 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 9.100.250 Child Hay -Care Centers. Child dtry 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 t6y 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 licensed and 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. 3. All facilities shall be operated in accordance with state and local health, safety, and other regulations. 4. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety equipment as specified by the Fire Chief and/or state regulations. 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. /.oupdate-nonresidential 100-33 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 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. 9.100.270 Single Room Occupancy (SILO) Hotels. Single room occupancy hotels (SRO's) shall conform to the following requirements: Occupancy shall be limited to maximum two persons per unit. Minimum unit sizes (not including toilet compartment) shall be: for one person, 150 sq.ft.; and for two persons, 175 sq.ft. 2. Each SRO unit shall be provided with the following minimum amenities: a. Kitchen sink with garbage disposal. b. A toilet and sink located in a separate room within the unit that is a minimum 20 square feet. c. One closet per person. d. Telephone and cable TV hookups. If full bathrooms are not provided in each unit, shared showers shall be provided on each floor at a ratio of one per seven occupants or fraction thereof on the same floor, with doors lockable from the inside. 4. If full kitchens are not provided in each unit, shared kitchen facilities shall be provided on each floor consisting of a range, sink with garbage disposal, and refrigerator. 5. If laundry facilities are not provided in each unit, common laundry facilities shall be provided, with one washer and one dryer for every 25 units for the first 100 units and one washer and one dryer for every 50 units over 100. 6. Elevators shall be required for SRO's of two or more stories. 7. A manual fire alarm system and a fully automatic fire suppression system, including a central monitoring system, alarm and fire annunciator, shall be designed and installed to the satisfaction of the Fire Chief. 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. loupdate-nonresidential 100-34 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. 44ay Child care centers, I space per staff member plus I space Stacking analysis may be including preschools and per 5 children. Parking credit may be required to define a drop-off nursery schools 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 I 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. i-, 0 0 L I,oupdate-Parking 15 0-14 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. loupdate-Signs 160-1 Uf �4t� ter;: 9.160: SIGNS TABLE 1601: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type Placement Max. Area Illumination is allowed In this Table: • 'Wa" 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- I 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 s /ft No Zoupdatc-Signs 160-2 j cJ C1-1,-,,: 9.160: SIGNS TABLE 1601: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type Placement Max. Area Illumination is allowed In this Table: • "n/a" means not applicable or no restriction • "Building -mounted" means signs mounted flush -to -wall only 13. Within commercial districts, chalkboards or small placards Building- 3 sq/ft Indirect only (e.g. restaurant menu boards) mounted 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 6 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 minimmm 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 Zoupdate-Signs 160-3 vU�JL" 9.160: SIGNS 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; 9.160.030 General Sign Standards. A. Applicability. Signs in the City of La Quinta, including exempt, permanent, semi -permanent, and temporary signs, are subject to the general standards of this Section. B. Planned Sign Programs. Planned sign program review is required, per the provisions of Subsection 9.160.090D, for submissions which: (1) include three or more permanent signs; (2) are in conjunction with review of a site development permit by the Planning Commission; or (3) include a request for a sign adjustment to a sign previously approved under a planned sign program. C. Interpretation of Provisions. Where a matter of interpretation arises regarding the provisions of this Chapter, the more specific definition or more rigorous standard shall prevail. Whenever the Community Development Director determines that the application of any provision of this Chapter is uncertain, the issue shall be referred to the Planning Commission for determination. D. Application of Standards. If the Director determines that a staff -reviewed sign does not conform to one or more of the general standards set forth in this Section, the applicant shall be given the option of modifying the sign or applying for a minor adjustment E. Measurement of Sign Area. Sign area shall be measured as follows: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including non- structural perimeter trim but excluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. 3. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. 4. Double -Faced .Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 sq. ft., a double-faced sign may have an area of 20 sq. ft. per face. 7.oupdate-Signs ( J tl 9.160. SIGNS 5. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maximum permitted sign area is 20 sq. ft., the maximum allowable area for each face is only five sq/ft. 6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. F. Measurement of Sign Height. Sign height shall be measured as follows: 1. Building -Mounted .Signs. The height of building -mounted signs shall be measured from the average finish grade directly beneath the sign. 2. Free -Standing Signs. The height of a free-standing sign shall be measured from the top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the Director determines that a free-standing sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. G. Sign Placement. 1. Setback from .Street. Free-standing signs shall not be located within five feet of a street right- of-way nor within a corner cutoff area identified in Section 9.100.030D. 2. No Off -Premise Signs. All signs shall be located on the same premises as the land use or activity identified by the sign, unless specifically permitted to be off -premise in this Chapter. 3. Utility Lines. No sign shall be located closer to overhead utility lines than the distance prescribed by California law or by the rules duly promulgated by agencies of the state or by the applicable public utility. 4. Traffic Safety No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic. 5. Public Right -of -Way. No sign shall be located within, over, or across a public right-of-way unless specifically permitted in this Chapter. H. Illumination. Illumination from or upon any sign shall be shaded, shielded, directed, or reduced so as to avoid undue brightness, glare, or reflection of light on private or public property in the surrounding area so as to avoid unreasonably distracting pedestrians or motorists. "Undue brightness" y T.oupdate-Signs 160-5 9.160. SIGNS is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. Illuminated signs which face or are adjacent to residentially zoned property shall be restricted to minimize the illumination, glare or reflection of light which is visible from the residentially zoned property. I. Maintenance. Any sign displayed within the City, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The Community Development Director may request the Director of Building and Safety to order the repair or removal of any sign determined by the Director to be unsafe, defective, damaged, or substantially deteriorated. J. Landscaping of Free -.Standing Signs. All free-standing signs shall include, as part of their design, landscaping and/or hardscaping about their base so as to prevent vehicles from hitting the sign, to improve the overall appearance of the installation, and to screen light fixtures and other appurtenances. The applicant shall maintain all landscape areas in a healthy and viable condition. K. Inspection. All sign owners and users shall permit the periodic inspection of their signs by the City upon 10 days notice. L. Specific Plan Standards to Apply. Signs to be located within the boundaries of a specific plan or other special design approval area shall comply with the criteria established by such plan or area. M. Exposed Raceways. No exposed raceways behind signs shall be permitted, unless it is designed as an integral part of the background or wall upon which it is mounted Determination as to whether it is allowed shall be made by the Community Development director. 9.160.040 Permanent Signs in Residential Districts. Signs identified in Table 1602 following are permitted in residential districts subject to approval of a sign permit per Section 9.160.090 Zoupdate-Signs 160-6 9.160. SIGNS TABLE 1603: PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Note: • Free-standing signs shall not be located within Sofa 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 Free-standing center or complex ID sign for multi -tenant building or multi - building shopping center or other commercial or office 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. 7_oupdate-Signs Max. Number 1 per street frontage 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 I per each side of building) Max. Area .25 sq/ft per lineal ft. of street front- age up to max. of 50 sq/ft per sign and 100 sq/ft aggregate for all signs Flush-Mntd: 1 sq/ft per lineal ft. of lease frontage up to max. of 50 sq/ft aggregate. Iffreee-standiNg *n is also used, building. mounted ur perm"ent window is limited to 50016 of allowable sign arm 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 sq/ft aggre€ Max. 1 Illumination 8 ft. Direct or indirect for all signs 8 ft. I Direct or indirect for all signs 8 ft. I Direct or indirect for all signs Top of Direct or wall indirect for all signs Additional Aggregate sign area may not be combined among street frontages. Letter height shall be a minimum 10" high. 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 160-8 i� 0 E,. it 9.160. SIGNS 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. 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. , 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 «la 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 vf'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. vUEjl�. I_oupdate-Signs 160-10 9.160: SIGNS 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. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the Community Development Department a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the City for any costs incurred by the City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. a. Within ten business days of the Community Development Department's receipt of a temporary sign permit application, the Community Development Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The Director shall approve or disapprove any permit application for temporary signs based on character, location, and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this Section. b. The Director's decision with respect to a permit application for a temporary sign may be appealed to the Planning Commission. H. Maintenance and Removal of Temporary Signs. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the City determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice. 3. Removal from Private Property. If the City finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the City shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to Subsection F of this Section, that the temporary sign is in violation of this Section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the City cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to Loupdate-Signs U 01 160-11 9.160: SIGNS each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefor fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the City may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the City. I. The placement of temporary signs for existing commercial businesses during the construction of any Department of Public Works contract over 45-days in length, where the ingress and egress points to a commercial establishment, have been interrupted, and further when the construction/modification of the public street involves a distance of more than 3,000 feet in length, the above regulations pertaining to temporary signs and the associated processing fees, shall not be enforced for the duration of the Department of Public Works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. J. A grand opening banner is allowed on each building street frontage within six months of the business opening with a sign permit. The signs shall consist of light -weight fabric or similar material attached to the building wall below the eave line for a period not to exceed 30-days. The signs shall be non -illuminated and its size shall not exceed 32 square feet. 9.160.070 Permitted Semi -Permanent Signs. A. Definition. "Semi -permanent sign" means a non -illuminated sign which requires a sign, such as advertising the future construction of a facility, model home complex, commercial, or residential subdivision identification which is intended to be erected or posted for a minimum of 61 days and a maximum of one year. A permit for semi -permanent signs advertising future facility construction shall not be approved until a Development Review Application has been sibred approved by the City. B. Maximum Time Periods. No semi -permanent sign shall be posted for more than one year. In addition, all semi -permanent signs shall be removed within ten days after the occurrence of the event, if any, which is the subject of the semi -permanent sign. (For example, a semi -permanent sign advertising the future construction of a facility on the site shall be removed within ten days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be removed within ten days after the model homes are completed and sold). 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. semi -permanent signs may not exceed 32 square feet in area. The aggregate area of all semi -permanent signs placed or maintained on any parcel of real property in one ownership shall not exceed 64 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. Zoupdate-Signs 160-12 i��r(ti� 9.160. SIGNS D. Maximum Height. Free-standing semi -permanent signs shall not exceed eight feet in height. Semi -permanent signs which are posted, attached or affixed to multiple -floor buildings shall not be placed higher than the finish floor line of the second floor of such buildings and such signs posted, attached or affixed to 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 number of signs on any parcel exceed 10. F. Placement Restrictions. Semi -permanent signs may not be posted on public property, as defined in Section 9.160.130QQ. Semi -permanent signs may not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. Temporary signs may not be posted on sites approved for semi -permanent signs unless specifically authorized by the semi -permanent sign permit. G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post or erect a semi -permanent sign shall make application to the Community Development Department for a semi -permanent sign permit. Statement of Responsibility Required. Each applicant for a semi -permanent sign permit shall submit to the Community Development Department a statement of responsibility certifying a natural person who will be responsible for removing each semi -permanent sign for which a permit is issued by the date removal is required, and who will reimburse the City for any costs incurred by the City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. a. Within ten business days of the Community Development Department's receipt of a semi- permanent sign permit application, the Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The Director shall approve or disapprove any permit application for semi -permanent signs based on character, location, and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this Section. b. In any event, no permit application shall be approved which proposes to place in excess of ten semi -permanent signs on private or public property which will be visible simultaneously from a single location and orientation within the boundaries of the City. c. The Director's decision with respect to a permit application for a semi -permanent sign may be appealed to the Planning Commission. 01 0011 :' Zoupdate-Signs 160-13 CHAPTER 9.185: RECREATIONAL VEHICLE PARK Sections: 9.195.150 Common Recreation Area ............ I85-6 9.185.010 Purpose and Intent .................. 185-1 9.185.160 Screening .......................... 185-6 9.185.020 Definitions ......................... Il85-1 9.19&170 Exterior Lighting ................... 185-6 9.185.030 Permitted Zone Districts Il85-2 9.185.190 Improvement of Spam .............. 185-6 9.185.040 Applicability ....................... Il85-2 9.195.190 Automobile Parking ................. 185-6 9.185.050 Occupancy ......................... 185-3 9.185.200 Accessways and Roads ............... 185-7 9.185.060 Prohibited Uses ..................... Il85-3 9.185.210 Outdoor Storage .................... 185-7 9.185.070 Accessory Structures ................ Il85-3 9.185.220 Trash Removal ..................... I85-7 9.185.080 Prohibited Accessory Structures ....... Il85-4 9.185.230 Utilities ........................... 185-8 9.185.090 Coverage .......................... Il85-5 9.1 .240 Movement of Recreational Vehicles .... i85-8 9.185.100 Density ............................ Il85-5 9.185.25t1 Subdivision of Lots .................. 185-8 9.185.110 Area of Parks and Lots Il85-5 9.185.260 Coofiicts with Zoning Dktrict 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 providefor development of'recreational vehicle rental parks and ownership/membership parAL In a mariner 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 theirpra r dew1opnient, as opposed to mobile home parks, and to provide a reasonable compadbil r with adjoining propertie s while affewing a diversity of uses 9.185.020 De, f lnitions.. 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 occrncy, which meets all of the following criteria: 1. It contains less than 320 square feet o, f' internal ling room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cubinetr, kitchen units or fixtures, and bath or toilet rooms. 2. It is built on a single chassis. 3. It is either se f propelled, truck -mounted, , or permanently towable on the high ways without a permit. 4. 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. B. "Recreational Vehicle .Park" means, a recreational development containing active recreational amenities and lotsfor the parking of reemaROnal vehkl+es, as tensporary residences For the purpose of this Code, recreational vehicle parrs are further def lned as either: V �) 7.oupdate-Recvehpark 185-1 9.185: RECREATIONAL VEHICLE PARK L 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 210 days in a calendar year. 2. ownership/Membership Parks, where the recreational vehicle lots are owned by individuals, but the park itself and the amenit'u , 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 organizadon,-of which indisddlual recreational vehicle owners are members, provided in any circumstances the lots are not occupied for a period exceeding 210 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 regruimd open space around the recreational vehicle. An RV lot may be rented, leased, or, if perms ed, herein, purchased as a separate parcel of land. 9.185.030 Permitted ,done 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. S. Permanent residency for manager or other enloyees in the operation of the park In a detached single family residence. C. Delicatessen, RV accessories, snack bar and food store, provided this use is fully contained in a social or recreation center at least 100, eet f -ont any property line of the recreational vehicle park, and serving only park guests. D. Similar uses. The Planning Commission Wray, by the conditional use permit approval process, permit any other uses which it may determine to be sindlar to those listed above, operated exclusively for the convenience of recreational vehicle park residents, and not more 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. 9185.050 occupancy. A. Rental Parks: The length of occupancy in a recreational vehicle in any one lot shall not exceed 210 days in any one calendar year. 110 CA 1,4 Zoupdate-Recvehpark 185-2 9.185: RECREATIONAL VEHICLE PARK B. OwnerskiplAlembersi* Park: Tke length ofoecupaiwy in a recreational vehicle in any one lot shall not exceed 210 days in any one calendar year. C. As to Subsections "A"and "B0 of this Section, the fimMadon 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. 1Vo single recreational vehicle orpark trailer shall be permitted to be occupied more than the spec#led number ofda)w in any one recreational vehicle park in any one year. If the length of occupancy dries not exceed 30 days, Transient Occupancy Tax will be required in accordance with Ckapter 3.24. D. "Year"for the purpose of this Section shall include anyperiod of 365 consecutive days. 9.185.060 Prohibited Uses. A. Permanent .Residency. kept for park management and maintenance personnel, there shall be no permanent residency in a recreational vehicle park, nor $hail 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 specyledfor that type ofPdrk 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 b iness, cow nerda4 manufacturing, mercantile, storing, vending or similar purpose or any other purpose unrelated to a recreational vehicle park. C. 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: 1. One single family residence far the owner or manager of a recreational vehicle park. The minimum lot area requirement for this residence shall be 6,000square feet. The residence may include offce space for use in connection wilk the park operation. 3. Social and Recreational center, providedsuch center Is at least 100 feet from any property line of the Recreational Vehicle Parr 4. Private recreation facilities for the use of the occupants of the park and their guests, such as swimming pool, putting greens and shuffleboard coin 5. Common laundry facilities provided there is no dry cleaning equipment or outdoor laundry drying. I.oupdate-Recvehpark 185-3 41 tsv0l1a 9.185: RECREATIONAL VEHICLE PARK 8. Common shower, bath, and locker Loom faciNks. Not permitted on recreational vehicle lot as separate structure. 7. Structures to assist the handicapp uL B. Rental parrs: No additional accessory structutw permiitet C. Ownership/Membership parks: Storage structures provided that: 1. The storage structure does not exceed dimensions of 1 ti feet in width, nine feet in depth and seven feet in height. 2. The storage structures wAfhin a given park are similar in design, style, quality, and building materials to other such structures or approved theme designs in the parr 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 PrFohibitedAccessory S'trucct'ur A. The following structures are prohibited within all rocnational vehicle lots: 1. Any enclosed habitable buildings. 2. Garages and carports. 3. Fences. 4. Curbing, for landscape areas and oiker decorative curbing or containers greater than six inches in height S. 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 emceed 15 per acre. I.oupdate-Recvehpark 185-4 0011'e; 9.185: RECREATIONAL VEHICLE PARK 2. Ownershipf embership Parks: The number of regional vehicle lots shalt not exceed 12 per acre. 9.185.110 Area of Parks and Lots. A. Park Area: Each recreational vehicle park shalt have a minimum often acres measured from the property lines of the park. B. Mental Park: Minimum area of recreatla►nal vehicle lot shall be 2,OM square feet. C. OwnetshiplMembershipPa : Miniomm area efrecrnat vehlclelotshall be 1,500square feet. 9.185.120 Frontage of Parks and Lois. A. Park Frontage: Each recreational vehicle park shall have a minimum frontage on a public street of 300 feet B. Lot Frontage: The frontage of a recreational vehicle lot shall be a minimum of 40 feet on a interior roadway. 9.185.130 Setbacks and Yards. A. Setbacks for park. Setbacks in which no recreational vehicle lot or structures are to be located. B. Setbacks. No recreational vehicle, or structure may be placed within l0 feet of a roadwuv, exterior sideyard or rear lot line or within f ive, feet of the interior side lot tine. C. Separations: The minimum distance between any recreational vehicle or park trailer and any other recreational vehicle or park trailer shall be M 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 ntaneuverinng 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. I.oupdate-Recvehpark 185-5 9.185: RECREATIONAL VEHICLE PARK 9.185.150 Common Recreation Area. A. Common recreation area shall be required for all rreational vehicle Parks. The recreation area may contain social halls, swimming poems, 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 Ili percent: Grades above Ili 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 reemila►nal vehicle Mt. 2. OwnershiplMembership Parks: 300squarejeetperrecreasional vehicle lot B. The common recreation area shall be for the use of the entire park and shall not be partitioned in any m nner for the sole use of'any person or group o, f persons. 9185.160 Screening. A. Screening shall be provided as rewired in Section 9.100.150. 9.185.170 Lighting. A. Exxterior lighting shall comply with provisions of Section 9.100.ISO. 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, provided that no more than 70 percent of each lot is covered with nonpermeable materiak 9.185.190 Automobile Parking. A. Parking shall comply with provisions of Chapter 9.I50. 9.185.200 Driveways and Roads. A. Driveways: Driveway to the park shall have a minimum width of 32 feet and have a clear and unobstructed access to a public street. The driveway shall be at least 100feet 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 driveway unless specifically de*natedforparking pursuant to Chy- approved plans. B. Roads. �«(-�.1j loupdate-Reevehpark 185-6 9.185: RECREATIONAL VEHICLE PARK 1. Each recreational vehicle lot shall front on a road. No recreational vehicle lot shall take access from a public street, alley or dt*away& 2. No vehicular parking shall be permitted wi in the road un a specfflcally designated for parking pursuant to City -approved plans. 9.185.210 Outdoor Storage. No construction orflammable 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 kedge or masonry wall not less than f ive feet in height and shall be clearly designated on the approved plans. 9.185.220. Trash Removal. A trask removal plan for the recreational vehicle park shag be submitted at the tithe of application. This plan must include the type of trash col tBon facilities; location, size and number of trash receptacles; and frequency of remote 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 hat, (of the recreational vehicle lot B. Water Service. Each lot shalt 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 OP "trap and basin designed to prevent spillage from contaminating the ground are& A 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 andlor similar devices shalt not be removedfrom recreational vehicles, nor shall any fixture be added or barrier be placed which swill prevent the recreadonal vehicle or park trailer from being moved under its own power or by a passenger vehicle. B. Skirting is permitted provided it can easily be removed and there are proper openings for ventilation. 7.oupdate-Recvehpark 185-7 9.185. RECREATIONAL VEHICLE PARK 9.185.250. Subdivision of Lots. Subdivision to create recreational vehicle lots for sale or long-term lease is permitted within OwnershiplMembership recreational vehicle parks subject to all applicable codes. 9.185.260. Conflicts with Zoning District Requkements. OW ere the provisions of this Chapter are in confl t with any otherprovhion of the Zoning Code, the provisions of this chapter shall govern. Where the pions of the Chapter are silent on a matter, other provisions of the Zoning Code shall govern. I.oupdate-Reuchpark 185-8 9.200: GENERAL PERMITTING PROCEDURES 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. 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 smite filin fee required for an er,igilgd applicatims 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 Hand 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. t� 4" I'" d. Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project. I_oupdate-GenPennitting 200-7 9.200: GENERAL PERMITTING PROCEDURES e. All owners of real property as shown on the last equalized assessment roll within 5% 1000 feet of the subject real property. If the number of owners to whom notice would be mailed is greater than 1000, the City may instead place a display advertisement of at least one -eighth page in a newspaper of general circulation ; and 2. Publish a legal notice in a newspaper of general circulation or post a notice at two public places in the City and one place at the subject site. E. Additional Notice. The Community Development Director may require that additional notice be given by enlarging the notification radius or by other means determined by the Director. F. Other Notice. The City shall also provide any other notice required by law. 9.200.120 Appeals. A. Appealable Decisions. Any development review action by the Director may be appealed to the Planning Commission and any development review action by the Planning Commission may be appealed to the City Council in compliance with the provisions of this Section. B. Designation of Board of Appeals. The Planning Commission shall constitute the board of appeals for decisions by the Community Development Director and the City Council shall constitute the board of appeals for decisions by the Planning Commission. C. Persons Who May Appeal. Any interested person may appeal a decision of the Director or the Planning Commission regarding the action taken on a development review permit application for a development project upon submittal of the required documents and information and the payment of the required fee. D. Call -Up Review. The board of appeals (either the Planning Commission or City Council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the Director or the Planning Commission regarding the action taken on a development review permit application. The board of appeals' call-up review shall be processed in accordance with Subsection E of this Section and may be exercised at any time prior to the expiration of 15 days from the date on which the decision was made. E. Appeal Procedures. 1. Time Limits for Filing Appeals. All appeals shall be filed with the Director within 15 calendar days of the date on which the decision being appealed was rendered. If the 15th day is a nonworking day for the City, the appeal period shall be extended to include the next City working day. No appeal shall be accepted after the appeal period has expired. I.oupdate-GenPermitting 200-8 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 nemsi1en 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. ... ,. __ .. r w w a a -IL$ ..� _ .r iX.. 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. Defer to Section 9.150.100 for provisions regarding nonconforming parking and Section 9.160.110 for provisions regarding nonconforming signs. UU01 : 3 Loupdate-nonconforming 270-3 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, vex 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 accumulations of water on or under the ground. 280-9 Zoupdate-Definitions 9.280: DEFINITIONS 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 tm aftwhed or 0 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, mtd their non-paying guests, and damesdc efiV10yees. Habitable area see Livable floor area. Habitable room means any room usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used only for storage purposes is not a habitable room. Hazardous waste means a waste or combination of wastes which, because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, or flammability, or its physical, chemical, or infectious characteristics, may: 1) cause or significantly contribute to an increase in mortality or an :fit;}���—` 4.� ♦I 280-11 Zoupdate-Definition s PLANNING COMMISSION RESOLUTION 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE MANUAL ON ARCHITECTURAL STANDARDS AND THE MANUAL ON LANDSCAPE STANDARDS. WHEREAS, Section 9.50.090 of Chapter 9.50 of the La Quinta Municipal Code requires the Planning Commission to adopt a Manual on Architectural Standards and a Manual on Landscape Standards; and, WHEREAS, the Manual on Architectural Standards will provide guidelines for additional design treatment of the single-family houses in order to improve the overall appearance, and also to provide architectural variety within the Cove Residential Neighborhoods; and WHEREAS, the Manual on Landscape Standards will provide additional guidelines for water conserving methods for landscaping and irrigation. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of La Quinta, California, does hereby approve and recommend to the City Council adoption of the "Manual on Architectural Standards for Single -Family Houses", and the "Manual on Landscape Standards", copies of which are attached hereto and incorporated herein as though set forth at length. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held this 2e day of May, 1998, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RICH BUTLER, CHAIRMAN, City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California PCRESO-ARCH-STAND MANUAL ON ARCHITECTURAL STANDARDS FOR SINGLE FAMILY HOUSES IN THE COVE RESIDENTIAL DISTRICT City of La Quinta Q o o < <1JO Q 5 Q J � Q o �¢ z LU 0 z w P. s■o Q J ENUE 152 T NORTH NTS COVE RESIDENTIA] DISTRICT TABLE OF CONTENTS DEVELOPMENT STANDARDS . . . . . . . . . . . . . . . . . 3 SITE DEVELOPMENT REQUIREMENTS GENERAL REQUIREMENTS .................. 4 INTERIOR LOT . . . . . . . . . . . . . . . . . . . . . . . . . . 5 CORNER LOT . . . . . . . . . . . . . . . . . . . . . . . . 6 8t 7 FENCING REQUIREMENTS .................. S BUILDING DESIGN STANDARDS FLOOR PLAN REQUIREMENTS .............. 9 EXTERIOR DESIGN REQUIREMENTS .......... 10 ARCHITECTURAL STYLES .................. 11 SPECIAL REQUIREMENTS .................. 12 ADDITIONAL DESIGN OPPORTUNITIES RELATIONSHIP BETWEEN THE HOUSE AND THE SITE . 14 BUILDING DESIGN OPPORTUNITIES ............. 15 ROOF DESIGN BASIC TYPES .......................... 16 VARIATIONS .......................... 17 ROOF TYPES ROOF PITCHES AND LINES ................ 18 WINDOW DESIGN .......................... 19 WALL TREATMENTS ......................... 20 u0i11 �3 DEVELOPMENT STANDARDS SITE DEVELOPMENT STANDARDS GENERAL REQUIREMENTS ALL FRONT AND EXTERIOR SIDEYARDS MUST BE FULLY LANDSCAPED TO THE BACK OF CURB. IRRIGATION SYSTEMS MUST BE INSTALLED IN THESE AREAS. THE REAR AND SIDE YARDS MUST BE ENCLOSED AND SCREENED BY A MINIMUM FIVE FOOT HIGH, VIEW -OBSCURING FENCE, OR WALL. NO MECHANICAL EQUIPMENT, INCLUDING AIR CONDITIONERS, CAN BE LOCATED ON A SLOPING ROOF OR WITHIN THE REQUIRED SETBACK AREAS. BOTTLED GAS TANKS AND REFUSE CONTAINERS MUST BE CONCEALED BY A VIEW -OBSCURING FENCE OR WALL. ELECTRIC, TELEPHONE AND OTHER UTILITY SERVICES TO THE HOUSE MUST BE INSTALLED UNDERGROUND. ALL EXTERIOR LIGHTING MUST BE LOCATED AND DIRECTED SO THAT IT DOES NOT SHINE DIRECTLY ONTO ADJACENT PROPERTIES IN COMPLIANCE WITH THE CITY'S DARK SKY REGULATIONS. 4 f3l_1013 SITE REQUI REMEHTS INTERIOR LOT SIDEYARD: 5 FEET MD MM M EACH SIDE FRONTYARD: 20 FEET 5 REARYARD: 10 FEET I AEA TO BE ' MMSCAPED i PROPERTY I LINES CURBLINE SITE 1REQWIREMEHTS CORNER LOT SIDEYARD: S FEET M2fiMUM ft., REARYARD: I FRONTYARD: 20 FEET bENUAIy'M owowm\ GARAGE SETBACK: A AT Is f LOCATE DRIVEWAY AWAY FROM TBE INTERSECTION 1 G0Q1J SITE REQUIREJMEHTS CORNER LOT SIDEYARD: 5 FEET MiNJdVIIJM SIDEYARD: 10 FEET RF.ARYARD: 10 FEET I I I I I 1 I I � I } { I f I o � I I I o 1 I { I� ` AREAS TO BE LA1 CAM { / FRON'TYARD: ZO FEET Nmin M#*07 %000- 0--oo' e LOCATE DRIV)EsWAY AWAY FROM THE INTERSECTION 7 PROPERTY LINES O001 :1 SITE REQUI REMEH73 FEHCIWG REQUIREMENTS REAR AND SIDE YARDS MUST BE COMPLETELY ENCLOSED AND SCREENED BY A MINIMUM FIVE (5) FOOT HIGH VIEW -OBSCURING FENCE, OR WALL. PERIMETER CHAIN -LINK FENCING IS PROHIBITED. MINIMUM REQUIRED FENCING __4 8 FENCES AND WALLS CAN BE A MAXIMUM OF FIVE FEET HIGH IN THE FRONT AND STREET SIDEYARDS, SIX FEET HIGH IN THE REAR AND SIDEYARD, AND 30 INCHES IN THE CORNER CUT -BACK AREA ON CORNER LOTS. ALL FENCES AND WALLS MUST BE MAINTAINED IN GOOD REPAIR CUTBACK AREA BUILDING DESIGN STANDARDS FLOOR PLAN ALL BEDROOMS MUST HAVE MIN. 10' X 10' INTERIOR DIMENSIONS PROVIDE A MINIMUM OF lY2 BATHS FOR ONE AND TWO BEDROOM HOUSES, AND 13/4 BATH FOR LARGER HOUSES. MINIMUM DWELLING SIZE: 1,400 SQUARE FEET, AS MEASURED FROM THE EXTERIOR OF THE OUTSIDE WALLS, EXCLUDING THE GARAGE. BUILDING DESIGN STANDARDS EXTERIOR MAXIMUM 24 INCH EAVE INTO THE SETBACK AREA MAXIMUM HEIGHT: EXTERIOR MATERIALS ROOF DESIGN: BUILDING COLORS ACCESSORY USES: CONCRETE OR CLAY TITLE • 17YOOT MAXIMUM IT BUILDING HEIGHT ITIN THE RC DISTRICT CEMENT PLASTER AND MAY BE ACCENTED WITH STONE, BRICK, WOOD, OR OTHER SIMILAR MATERIALS. ROOF EAVES CANNOT EXCEED 24 INCHES FROM THE WALL. EAVES MAY BE LARGER WHERE NECESSARY TO PROVIDE ADEQUATE PROTECTION OVER THE FRONT DOOR OPENING. EXTERIOR SIDING, ROOF, AND TRIM COLORS ARE SUBJECT TO APPROVAL. HEATING AND COOLING EQUIPMENT SHALL BE GROUND -MOUNTED FOR SLOPING ROOFS. BUILDING DESIGN STANDARDS ARCHITECTURAL STYLES THE FOLLOWING GENERAL ARCHITECTURAL STYLES ARE EXAMPLES OF STYLES THAT WILL BE PERMITTED. SIGNIFICANT VARIATIONS FROM THESE STYLES WILL REQUIRE PLANNING COMMISSION APPROVAL. A/ �I i y7 Ar raw � ti .ww 1 d BUILDING DESIGN STANDARDS SPECIAL REQUIREMENTS ARCHITECTURAL VARIETY WHEN HOUSES USING SIMILAR ARCHITECTURAL DESIGN DETAILS ARE LOCATED WITHIN 200 FEET OF EACH OTHER, FACADE AND STREET FACING BUILDING ELEVATIONS SHALL MAKE PROVISIONS FOR ARCHITECTURAL VARIETY BY STRUCTURAL CHANGES OR BY USING DIFFERENT COLORS, ROOF PITCH AND TYPE, WINDOW SHAPES AND DECORATIVE ELEMENTS, GARAGE DOOR DECORATIVE ELEMENTS, AND SIMILAR DESIGN TREATMENTS. MULTIPLE APPROVALS DEVELOPERS, OR APPLICANTS WHO HAVE OBTAINED, OR HAVE APPLIED FOR TWENTY (20) OR MORE APPROVALS FOR CONSTRUCTION OF SINGLE- FAMILY HOUSES WITHIN THE RC DISTRICT SHALL COMPLY WITH THE FOLLOWING: A. MASTER DESIGN GUIDELINES: SUBMIT MASTER DESIGN GUIDELINES TO THE PLANNING COMMISSION FOR APPROVAL SPECIFYING THE METHODS FOR VARYING THE EXTERIOR APPEARANCE OF THE HOUSES. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, VARIATIONS OF ARCHITECTURAL DESIGN, ROOF STYLES AND ITCH, WINDOW, ENTRY, AND VARYING OF SETBACKS. B. COMPLIANCE WITH GUIDELINES: APPROVALS FOR THE SINGLE- FAMILY HOUSES SHALL COMPLY WITH THE DESIGN GUIDELINES AS APPROVED BY THE PLANNING COMMISSION. LIMIT ON APPROVALS A MAXIMUM OF FIVE (5) UNSOLD HOUSES MAY BE UNDER CONSTRUCTION BY A SINGLE APPLICANT AT ANY ONE TIME UNLESS AN ADJUSTMENT HAS BEEN APPROVED PURSUANT TO SECTION 9.50.090.D.7 OF THE ZONING CODE ADDITIONAL DESIGN OPPORTUNITIES 13 RELATIONSHIP BETWEEN THE HOUSE AND THE SITE CONCERNING THE RELATIONSHIP OF THE HOUSE WITH THE SITE, THERE ARE TWO BASIC DESIGN CONSIDERATIONS: THE APPEARANCE OF THE HOUSE WITH RESPECT TO THE NEIGHBORHOOD, AND THE INTERRELATIONSHIP BETWEEN THE HOUSE DESIGN AND THE LOT. Add single fussily character with buy windows or other design features popular locally y L,, twoce garage door monotony with corner 3r►sils varied shapes and turning. EACH HOUSE MUST BE DESIGNED WITH THE STREETSCAPE IN MIND, PARTICULARLY WHEN THE DENSITY IS MORE THAN FIVE UNITS PER ACRE. FOR NEIGHBORHOOD APPEAL, THE IMPACT OF THE GARAGES SHOULD BE MIN][MIZED. FENCING AND LANDSCAPING AROUND AND AMONG UNITS TIE HOUSES TOGETHER AND CREATE A FLOWING, COHERENT STREETSCAPE. THIS REDUCES THE IMPACT OF DENSITY AND HELPS TO SOLVE THE BIG HOUSE/SMALL LOT VISUAL PROBLEM. THE DESIGN OF THE FLOOR PLAN AND HOW IT RELATES TO THE SURROUNDING YARD AREAS IS AN EFFECTIVE WAY TO INCREASE THE APPEARANCE OF THE ROOM SIZES BY PROVIDING FOR AN INDOOR -OUTDOOR FLOW OF SPACE, AND TO MAXIMIZE THE USE OF THE LOT AREA. 14 ��0Gk1. BUILDING DESIGN OPPORTUNITIES DESIGN OPPORTUNITIES FOR THE BUILDING CAN INCLUDE: ♦ THE STYLE AND PITCH OF THE ROOF ♦ THE USE OF VARIED WINDOW SHAPES AND DESIGNS TREATMENT ♦ THE APPLICATION OF WALL TREATMENTS, SUCH AS TRIM OR FACING 15 (j(j, �� ; ROOF DESIGN BASIC TYPES AS THE MAJOR ARCHITECTURAL FEATURE, THE TYPE AND DESIGN OF THE ROOF HAS THE GREATEST INFLUENCE ON THE OVERALL ARCHITECTURE OF THE HOUSE HIPPED GABLE SHED FLAT WITH PARAPET (E 0 (1l t. 4.3 ROOF DESIGN VARIATIONS VARYING THE ROOF DESIGN IS AN EFFECTIVE WAY TO CREATE INTEREST AND AVOID A HOUSE WHICH APPEARS "BOXY". VARIATIONS CAN BE PROVIDED BY REPEATING THE SAME ROOF TYPE, MIXING ROOF TYPES, VARYING ROOF PITCHES, AND BREAKING -UP THE ROOF LINE. REPEAT SAME ROOF TYPE • a MIX ROOF TYPES 17 ROOF TYPES ROOF PITCHES AND LINES -1kii ���NINUiiW i 16 1, WALL TREATMENTS THE USE OF MINOR DESIGN ACCENTS SUCH AS BRICK FASCADES AND SPECIAL DESIGN TREATMENT OF VENTS ADD TO THE OVERALL "FINISHED" APPEARANCE OF THE HOUSE AND PROVIDE VISUAL INTEREST. STONE AND MASONRY ACCENTS SPECIAL TREATMENT OF ATTIC VENTS 20 ` ii MANUAL ON LANDSCAPE STANDARDS _mt SINGLE FAMILY HOUSES IN THE COVE RESIDENTIAL DISTRICT City of La Quinta INTRODUCTION The intent of the Landscape Manual is to provide guidelines as it relates to types of plants, irrigation systems, and maintenance of the installed landscaping and irrigation. The requirements found in this manual are mandatory, the guidelines representational and are provided for the homeowners. TABLE OF CONTENTS PAGE LANDSCAPE REQUIREMENTS - SINGLE FAMILY HouSES 1 MINIMIZING WATER USAGE $ . .......... ............ .... ...... ........ .. 1 ....... 2 REcomm J7LiL1J DRouGi i ToLERANT f 6m1 s....................................... 6 _LANDSCAPE REQUIREMENTS SINGLE FAMILY HOUSES ge•oo• exam ffb« wi V o• &wa 0 —t t'W. 6-fFTUS L�N•1bOY.CMlI� • Ib r� � iP.` > • • 11 GARAGE �- -T-1 i1►Z/eLia• rtttv......•. ^.w ....a.-b O.hK luto*ata - 1 I I IMGA6YtRls �JN►A�.O'V� e+Uarrv. J J HartivC Soi.. PR. SANp�IN[ •d6Jt�ib REQUIRED LANDSCAPING: THE FRONT YARD, IN ADDITION TO THE SIDE YARD ON CORNER LOTS, SHALL BE FULLY LANDSCAPED WITH IRRIGATION INSTALLED PRIOR TO FINAL INSPECTION. IF A FIVE FOOT WALL IS PROPOSED ALONG THE PROPERTY LINES) ADJACENT TO A STREET FRONTAGE, THE AREA BETWEEN THE WALL AND STREET SHALL BE PLANTED AND MAINTAINED BY THE PROPERTY OWNERS. A MINIMUM OF THREE (3) IV, CALIPER TREES SHALL BE PLANTED IN THE FRONTYARD OF INTERIOR LOTS, AND A MINIMUM OF FIVE (5) 1% CALIPER TREES SHALL BE PLANTED IN THE YARDS ADJACENT TO THE STREET. LANDSCAPE DESIGNS WHICH INCORPORATE DROUGHT -TOLERANT AND LOW-WATER USAGE PLANTS ARE ENCOURAGED. PLANTINGS LOCATED WITHIN THE 20-FOOT CORNER CUTBACK AREA OF CORNER LOTS SHALL BE MAINTAINED SO THAT VISIBILITY AT THE INTERSECTION IS UNOBSTRUCTED. LANDSCAPING & IRRIGATION HOW TO SAVE WATER IN THE LANDSCAPE. DESIGN lour of the basic elements in landscape: the plants, the irrigation, the soil; and the paving. Each of these elem\ �` ,a jleyily be developed to save water. 1 Wke C • �A 0 THE PLANTS 1. Use low water consuming plants and group them according to their water requirements. 2. Instead of thirsty and time consuming lawns, use colorful groundcovers in areas not used for recreation. 3. If you must include lawn, use low water using species. 4. Preserve existing trees and shrubs. Established plants are often adapted to low-water conditions, and provide shade which reduces transpiration in adjacent plantings. 5. When retrofitting or replacing areas of an existing' landscape, consider using drought resistant plant material and retrofittin the irrigation system to apply the correct amount of water. 6. Place all plants that require summer watering in sites protected from drying winds and out of direct sunlight. u 15 �A THE IRRIGATION SYSTEM 1. In ycur irritation schedule, specify watering in the cool of the day to reduce evaporation. 2. If possible, specify irrigating trees and shrubs (with deep root systems) longer and less frequently than shallow -rooted plants, which require smaller amounts of :rater more frequently. 3. Include an.automatic timer in the irrigation system. Automatic timers allow watering on a schedule suited to each area of the landscape and allow watering in the cool of the day. Tensiometers allow the system to water only when needed. u. Use water efficient irrigation systems such as drip. Drip irrigation applies water at a slow rate, which reduces runoff and allows for deep watering; and it applies water only where needed - at the base of the plant, which encourages good root growth. THE SOIL -� 1. In your planting plan, specify the use of soil amendments to improve the soil's water holding capacity. Gypsum and lime added to clay soils will improve drainage and aeration. Perlit pumice, and vermiculite, improve the texture of clay soils and improve sandy soils by increasing their capacity to hold water and dissolved nutrients. 2. Specify the use of mulch, such as woodchips (ground.bark), gra: clippings, compost,.animal manuers, straw, hoed or pulled weed; dry leaves, or sawdust on top of exposed soil. Mulch reduces evaporation, soil compaction, and weeds,. and keeps the soil co and moist longer. THE PAVING Use porous paving such as brick or decomposed granite. Porous paving allows rainfall to penetrate to the soil, preventing runoff into conventional drainage features (i.e. gutters). 3 .MAINTENANCE Listed below are several .gays to save water :chile maintaining a landscape. 1. Don't over water. Water only when the soil is dry. Stick a pencil about 4 to 6 inches into the ground. If the tip gets damp, no water is necessary. 2. Don't let water run off the landscape while watering, which occurs when the soil is unable to absorb water as fast as it is given. Generally, it is important to water thoroughly, making sure the plant's entire root zone receives moisture. Sandy soils dry out quickly, and require frequent watering. Clay soils (which hold more water than sandy soils) dry out slowly, because drainage is slow, and require slow, infrequent watering. Loam soils, which are intermediate between the extremes of clay and sandy, drain well but do not dry out too quickly. 3. Check for and repair leaky hose connections and sprinkler valves. Small leaks can be highly wasteful. 4. Use a broom to sweep the paving, not a hose. Thousands of gallons of water per year can be wasted cleaning a sidewalk. 5. Raise the height of the lawn mower (2 to 3 inches). Longer grass blades will shade each other and the soil, cutting down on evaporation. 6. When replacing plants, use the same species or one with similar water requirements. Also, add compost to the soil to improve its water holding capacity. 7. Maintain at least a 2-inch layer of mulch at all times to reduce evaporation,"soil compaction, and weeds. 8. In winter, water plants in leaf infrequently as they can exist for days or weeks on much less water than they demand in summer. V n IRRIGATION AND LANDSCAPE DESIGN GUIDELINES 1. IRRIGATION SYSTEM AND AUTOMATIC CONTROLS ARE TO BE DESIGNED TO ACCOMMODATE PLANT GROUPS BY USE CLASSIFICATION. 2. PLANTINGS ARE TO BE GROUPED BY WATER USE CLASSIFICATIONS: LOW WATER USE: CACTUS AND NATIVES MEDIUM WATER USE: NON-NATIVE TREES AND SHRUBS HIGH WATER USE: LAWNS 3. TIME CLOCKS SHOULD BE SUFFICIENTLY SOPHISTICATED TO PERMIT WATERING DURATION AS SHORT AS FIVE (5) MINUTES. AUTOMATIC TIME CLOCK CONTROLS ARE REQUIRED. AUTOMATIC CONTROL SYSTEMS ARE TO BE RE -SET AFTER THE SUMMER WATERING SEASON. 4. INSTALL AND MAINTAIN IRRIGATION SYSTEMS SO THAT WATER IS RETAINED ON -SITE AND NOT ALLOWED TO RUN INTO THE STREET OR ADJOINING PROPERTIES. 5. ENCOURAGE THE USE OF: DRIP IRRIGATION SYSTEMS TENSIOMETERS (MOISTURE PROBES) LOW WATER USE PLANT MATERIAL 6. STEEP SLOPES ARE TO BE IRRIGATED BY A DRIP SYSTEM TO PREVENT WATER RUN-OFF. 7. ALL IRRIGATION SYSTEMS WILL BE MAINTAINED IN GOOD REPAIR SO THAT THERE ARE NO LEAKS, NO MISSING HEADS, NO RESTRICTED HEADS, AND THAT ALL HEADS ARE PROPERLY ADJUSTED TO ELIMINATE ANY OVERSPRAY ON PAVED AREAS, BUILDINGS, OR WALLS. AUTOMATIC CONTROL SYSTEMS ARE TO BE CHECKED PERIODICALLY (AT LEAST MONTHLY) TO INSURE PROPER SETTINGS. 8. SUMMER SEASON WATER SHOULD BE DONE AT NIGHT. 9. INSTALL SPRAY HEADS NO CLOSER THAN SIX (6) INCHES TO ANY PAVED AREA, BUILDING, OR WALL. 10. SITE GRADING WILL BE DESIGNED AND CONSTRUCTED TO PREVENT IRRIGATION RUN-OFF FROM THE PROPERTY. t�i.s!a.vJ RECOMMENDED DROUGHT TOLERANT P THE FOLLOWING PAGES LIST THE RECOMMENDED DROUGHT TOLERANT PLANTS WHICH SHOULD BE INCORPORATED INTO ALL LANDSCAPING PLANTS IN ORDER TO MINIMIZE WATER USAGE. ADDITIONAL INFORMATION ON DROUGHT TOLERANT PLANTS CAN BE OBTAINED FROM THE COACHELLA VALLEY WATER DISTRICT AT (760) 398-265I E115 0 c n A Y A A Q G O'�Opp C u R7 40� N x W C y A tY L .2 OY Q N t7 IO A A C A� �?OrOCO1> CC C O U �p NOLcAAA O - pcA6t� cx _ y NnAE tS_ vNpnSa �:'o Z� O cpac ,tlt2i • V N CQ Wi 11 A LC I.- cn C u W Tv N O NO C N-. {y/ c O rj � 1L. 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C: G y y O C O V N d A A N C C Y l G LA N C C y W d of m d, J O\ ~ cl �O -aC �.. «O,� Oi roM00• A t N O C =y G in61 g�G !v! .� c;$ O E .'S � W ES F N in'�' w Ste N W Q- v N WQ N; O qi ` •� c - � ►0- CCA In N VNl_ N a L ��o a� i a� Ni = NyQ �J G CA CC*C W m A $ a 9 l9 to us oa N Nq p N F .d� a rm M! z� �� ae g z= ocO NyyC co NNO MN•O.. y N m Y! WinL'Y W«CSC E Ct O06 y W a U t to RI ►- "�-{7� V W :i CwQ7l �� u N QQ G Z H"e�pp"Q "' 'ro N 'C Qy QI LR u C m E 05 17 TW�v 4 4 Q" COUNCIL/RDA MEETING DATE: May 19,1998 Consideration of an Amendment to the La Quinta Charter and Municipal Code amending Chapter 2.29 "Planning Commission". RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: -7 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1. Move to take up Ordinance by title and number only and waive further reading. 2. Motion to introduce Ordinance on first reading. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council on May 12, 1996, discussed the reorganization of the Planning Commission and formation of a review committee. After discussions, Council directed staff to prepare the draft an ordinance revising the Planning Commission to a five member body. Three Commissioners would serve two year terms and two members one year term. In addition, Council requested the establishment of a three member Architectural and Landscaping Review Committee. Two members serving two year terms and one member a one year term. An alternate would be selected to serve a two year term. As directed by Council, the City Attorney has drafted the attached Ordinance. FINDINGS AND ALTERNATIVES: The options available to the City Council are as follows: 2. Approve the ordinance as submitted 3. Modify the ordinance 4. Provide direction to staff. rry 4fL, Hern ommunity Development Director CCJH.W6 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, AMENDING TITLE 2, CHAPTER 2.29 OF THE LA QUINTA CHARTER WHEREAS, the City Council desires to utilize a separate Architectural and Landscaping Review Committee ("ALR Committee") to make recommendations to the Planning Commission concerning design review issues; and WHEREAS, the City Council had previously increased the size of the Planning Commission to seven (7) members upon repealing a prior design review board; and WHEREAS, the City Council has determined that with the creation of an ALR Committee that five (5) member Commission size is more appropriate, and in the best interest of the City's health, safety and welfare; and WHEREAS, the City Council has determined that in light of the proposed new structure for the Commission and the creation of the ALR Committee, it is in the City's best interest to disband the current Commission membership and, after solicitation of applications, appoint members to both the Planning Commission and the ALR Committee to be effective in July, 1998. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: e i n . Title 2, Chapter 2.29, Section 2.29.010 shall be amended to read as follows: 2.29.010 Created. Pursuant to Section 65100 et seq. of the California Planning and Zoning Law, there is established for the City a planning agency, consisting of a Community Development Department, a Planning Commission, and the City Council, acting in combination. The Planning Commission shall consist of five (5) members, serving at the will of the City Council, with such compensation as the City Council may from time to time determine. The appointments shall be for two-year terms, with the exception that the initial appointments, to be effective in July 1998, shall be for three (3) members have two-year terms and two (2) members having one-year terms. It shall have the powers, functions and duties prescribed in the Planning and Zoning Law, and in the La Quinta Zoning Ordinance and in this code and other local ordinances; provided, that it shall not exercise any direct contracting authority as specified in Section 65007 of the Planning and Zoning Law. Ordinance No. _ Amending Title 2, Chapter 2.29 ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California Ordinance re Amending Title 2, Chapter 2.29 of LO Charter.wpd I c=� CITY OF LA QUINT..A. �x COMMUNITY DEVELOPMENT DIRECTOR'S OF NOTICE OF PUBLIC HEARING 'ICE IS HEREBY GIVEN that the City of La Quinta Community Development Director will hold a PUBI ,RING on June 11,1998, at 2:00 p.m. in the City Hall North Conference Room, 78-495 Calle Tampico, ollowing item: TENTATIVE PARCEL MAP 28805 LICANT: KSL LAND CORPORATION :ATION: ON THE SOUTH SIDE OF SOUTHERN HILLS, 800- FEET WEST OF LAUREL VALLEY WEST: APPROVAL OF A FOUR SINGLE FAMILY AND ONE COMMON LOT SUBDIVISION ON 1.28 ACRES IN PGA WEST iAL: BEING A, PORTION OF PARCEL 7 OF PARCEL MAP 20426-4 AS RECORDED IN BOOK 129 OF MAPS PAGES 49-55 INCLUSIVE, TOGETHER WITH LOTS 1-4 OF TRACT 28341-1 AS RECORDED IN BOOK 231 OF MAP PAGES 69-72 RECORDS OF RIVERSIDE COUNTY, CALIFORNIA 52nd JAVENUE 53►d AVENUE 4 541h AVENUE PARCEL NO. ' 28805 < o I AIRPORT BLVD. SOUTHERN , HILLS 58th AVENUE 4 native Parcel Map 28805 is within PGA West Specific Plan 83-002, an approved mixed use master planr munity of 5,000 houses oriented around championship golf courses and other commercial facilities. l ect is exempt from the California Environmental Quality Act (CEQA) per Public Resources Governm e Section 65457(a) because an Environmental Impact Report (SCH# 83062922) was certified by the ( ncil on May 1, 1984. No changed circumstances or conditions exist which would require a subsequ ironmental Impact Report pursuant Public Resources Code Section 21166. La Quinta Community Development Director will consider the proposed subdivision at the Head public comment period will continue from the date of this notice through the Public Hearing on JL 1998. The proposed file(s) may be viewed by the public Monday through Friday 8:00 a.m. until 5:00 p he Community Development Department, La Quinta Civic Center, 78-495 Calle Tampico, La Quir fornia. person may submit written comments on this case to the Community Development Department prior to rring and/or may appear and be heard in support of or opposition to the project at the time of the Heari )u challenge the decision of this case in court, you may be limited to raising only those issues that yot ieone else raised either at the Public Hearing or in written correspondence delivered to the Commu felopment Department at, or prior to, the Public Hearing. ie City's efforts to comply with the requirements of Title II of the Americans With Disabilities Act of 1 c Administration/Community Development Department requires that any person in need of any type of spe ipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform nmunity Development Department a minimum of 72 hours prior to the scheduled meeting. ------------------------------------------------------------------------------------------------------------- 3LISH ONCE ON MAY 29, 1998 PAGREG1hnTPM28805.wpd