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1995 07 11 PCjp W�V►TI OA T4ht PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California July 11, 1995 3:00 P.M. **NOTE** ALL AGENDA ITEMS NOT CONSIDERED BY 11:00 P.M. MAY BE CONTINUED TO THE NEXT COMMISSION MEETING Beginning Resolution 95-029 Beginning Minute Motion 95-028 CALL TO ORDER - Flag Salute ROLL CALL PUBLIC COMMENT This is the time set aside for citizens to address the Planning Commission on matters relating to City planning and zoning which are not Agenda items. When addressing the Planning Commission, please state your name and address. WORKSHOP - Discussion of the Zoning Ordinance Update RECESS TO 7:00 P.M. PUBLIC COMMENT PUBLIC HEARINGS 1. Item ............ PUBLIC USE PERMIT 95-016 Applicant ...... Desert Sands Unified School District Location ....... Northeast of the intersection of Dune Palms Road & 48th Avenue Request ........ Approval to construct District Educational Services Center with approximately 164,000 square feet of floor space Action .......... Resolution 95- , Minute Motion 95- PC/AGENDA 2. Item ............. Applicant ....... Location ........ Request ......... Action .......... BUSINESS ITEMS - ZONING ORDINANCE AMENDMENT 95-046 City of La Quinta City-wide Amendment to the La Quinta Municipal Code by adding new Chapter 5.80 and amending Chapter 9.154 relating to Adult Oriented Businesses Resolution 95- 1. Item ............. SPECIFIC PLAN 90-015 Applicant ...... KSL PGA West Corporation Foster Land L.P. Location ....... East side of Madison Street, north of Airport Boulevard and west of Monroe Street Request ........ First Annual Review of an approved development plan that allowed 1,060 dwelling units on 265 acres Action ......... Minute Motion 95- 2. Item ............ SPECIFIC PLAN 95-016 Applicant ..... KSL La Quinta Corporation/KSL Grove Land L.P. Location ...... Generally east of Jefferson Street, south of 50th Avenue, and north of 52nd Avenue Request ....... First Annual Review of an approved Development Plan that allowed 1,208 dwelling units and a Neighborhood Commercial project on 327 acres Action ......... Minute Motion 95- 3. Item ............ CONDITIONAL USE PERMIT 95-017 Applicant ...... Jim L. Jarnagin (La Quinta Car Wash) Location ....... North side of Highway 111, approximately 300 feet west of Adams Street in the One Eleven La Quinta Center Request ........ Approval of preliminary landscaping plans for Car Wash Action .......... Minute Motion 95- CONSENT CALENDAR 1. Approval of the Minutes of the Planning Commission meeting of June 27, 1995. COMMISSIONER ITEMS. 1. Commissioner report of City Council meeting 2. Distribution of Planning Commission packets ADJOURNMENT STUDY SESSION Tuesday, July 10, 1995 Study Session Room NONE PC/AGENDA TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: JULY 11, 1995 SUBJECT: LA QUINTA ZONING ORDINANCE UPDATE BACKGROUND: The last Zoning Ordinance Update review occurred on June 27, 1995. At that time, the Planning Commission reviewed changes to Chapters 9.160 (Sign Ordinance), 9.170 (Communication Towers and Equipment), 9.180 (Transportation Demand Management), and 9.190 (Transfer of Development Rights).. Attached are Chapters 9.160 (Signs), 9.200 (Discretionary Review), 9.210 (General Permitting Procedures), 9.220 (Discretionary Permits), 9.230 (Zone Changes and Code Amendments), 9.240 (General Plan Amendments), 9.250 (Specific Plans), 9.260 (Other Discretionary Actions), 9.270 (Fees), 9.280 (Nonconformities), 9.290 (Code Enforcement) While there are a lot of Chapters attaches, many of them are one to two pages in length. RECOMMENDATION: Staff recommends that the Planning Commission review the submitted Zoning Ordinance Update Chapters and note any revisions that may be appropriate at this time. Attachments: 1. Excerpts from Zoning Ordinance Update (Chapters 9.160, 9.200, 9.210, 9.220, 9.230, 9.240, 9.250, 9.260, 9.270, 9.280, and 9.290). MEMOSS.242 Draft. 119195 ATTACHMENT CHAPTER 9.160: SIGNS Sections: 9.160.010 Purpose and Intent .:......................... 1 9.160.020 Exempt Signs ............................... 1 9.160.040 Permanent Signs in Residential Districts ......... 5 9.160.050 Permanent Signs in Nonresidential Districts ....... 6 9.160.060 Permitted Temporary Signs .................... 9 9.160.070 Permitted Semi -Permanent Signs .............. 11 9.160.080 Sign Permit Review ......................... 13 9.160.090 Prohibited Signs ........................... 17 9.160.100 Existing Signs ............................. 19 9.160.110 Enforcement .............................. 20 9.160.120 Sign Definitions ............................. 21 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 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 following signs do not require a sign permit nor shall the area and number be included in the aggregate area or number of signs permitted for any premises or use. Such signs shall not be illuminated nor placed within any public right-of-way unless specifically permitted hereinbelow. 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, (2) proper sign maintenance, or (3) compliance with applicable provisions of this Chapter or of any other law or ordinance: TABLE 9-...: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type 7 Placement I Max. Area I Illumination In this Table: 0 'Wa" means not applicable or no restriction 0 "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 LQZC SIGNS [Draft: 1/9 Iv. R 11 j TABLE. 9-:.: `EXEMPT SIGNS NOT REQUIRING Ac SIGN PERMIT ign.Type `.:'>'<::::' ` ; »<>:`.:;: ':: :P.Iacement . .'`: Max. Ilium' Building- Area 2 sq/ft No 2. Wi in residential districts si identifying the residential ices and/or a 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. Lsigns or tablets, stained glass windows, or dates Building- 3 sq/ft No of erection cut into the surface of a wall or pedestal or mounted or free - projecting not more than two inches 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 "Credit—Z *fisted," "Open/Closed," "Assoeiatio Window or 2 sq/ft No Membership" and similai signs, six signs maximum pe building -mounted aggregate premises 7� Decorations clearly incidental and customary an� n/a n/a Yes commonly associated with any national, local or religious holiday I 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. o respassing," "No Parking," etc.), Building- 3 sq/ft Yes informational/directional signs (e.g, "Restrooms," "Exit," mounted etc.) and warning signs (e.. "High Voltase") or free-standing 10. Directional signs used to identify street entrances and exits, Building- 3 sq/ft Yes maximum three feet high if free-standing mounted or free-standing 11. Directional pavement marking - n/a n/a n/a 12.-Newspaper stand identification � n/a 3 sq/ft No 13. Restau,ant menus or chalkboards Building- 3 sq/ft Indirect only mounted 14. Bulletin boards Building- 6 sq/ft No mounted 15. Signs affixed to motor vehicles which are regularly used Vehicle -mounted n/a No for delivery, transportation, or services in connection with the business or activity identified on the vehicle. 16. Vending machine signs and automatic teller signs n/a n/a Yes Temporary and Semi -Permanent Signs: See Sections... and ... LQZC SIGNS [Draft: 111 . Flags, blemsj Ins"' ias. or insignias, of a tion,al ubdivis non ommercial, no rofiic haracter dis lays do not con 'ner ial adve pro essionai names, p fese 'ces, bussol bartered, or give ap vided suus established by the oor orgamare limited to one per re arcel with a squ a feet. Flags on notial property reg ated by Section ...; flan residential distric , non- uminated fla s, em em n, or fraternal or rel gious or 'zation, d flags f exempt from sign ern it req 'rements rovided s c 'sement(s) such product es, b ess e ess logos, or any icle or me handise 'ch is t l h displays comply 'th any gui elines conc ruing e tion represented. 1 such flag , emblems, r insi i; aximum hei of 18 feet ana maxim area l ar not exe from sign permi equire nts an a C. Repainting. The repainting of a sign in original colors shall not be considered an erection alteration which requires sign approval unless a structural change is made; 9.160.030 General Sign Standards. A. Applicability. Signs in the City of La Quinta, including exempt, permanent, semi-permanen and temporary signs, are subject to the general standards of this Section. B. Interpretation of Provisions. Where a matter of interpretation arises regarding the provisio of this Chapter, the more specific definition or more rigorous standard shall prevail. Whenever t Director determines that the application of any provision of this Chapter is uncertain, the issue shall referred to the Planning Commission for determination. C. Application of Standards. If the Director determines that a staff -reviewed sign does r conform to one or more of the general standards set forth in this Section, the applicant shall be giv the option of modifying the sign, applying for a sign adjustment, a variance, or of appealing the st determination to the Planning Commission. D. Measurement of Sign Area. Sign area shall be measured as follows: 1. Basic Rule. Sign size or area shall bo defined as the entire area of the sign face, including nc structural perimeter trim but excluding siructures or uprights on which the sign is support, Z. Window Signs. Window sign area shall be considered to be the entire area of any sign plac on or inside a window and not painted directly on the glass. For signs painted directly on 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 pain on or otherwise affixed to the wall or window shall be considered to be the area within single continuous perimeter encompassed by a straight-line geometric figure which enclo the extreme limits of the letters or other characters. LQZC SIGNS [Draft. 119] 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. 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. E. 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. F. 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 .... 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 LQZC 4 C SIGNS — [Draft: U unless specifically permitted in this Chapter. G. Illumination. Illlumination from or upon any sign shall be shaded, shielded, directed, or reduce so as to avoid undue brightness, glare, or reflection of light on private or public property in tl surrounding area, and so as to avoid unreasonably distracting pedestrians or motorists. "Und7 brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonab visible to the average person on an adjacent street. Illuminated signs which face or are adjacent residentially zoned property shall be restricted to minimize the illumination, glare or reflection of lig which is visible from the residentially zoned property. H. Maintenance. Any sign displayed within the City, together with supports, braces, guy anchors, and electrical components, shall be maintained in good physical condition, including t replacement of defective parts. Exposed surfaces shall be kept clean, in good repair, and painted wht paint is required. The Director may order the repair or removal of any sign determined by the Direct to be unsafe, defective, damaged, or substantially deteriorated. I. Landscaping of Free -Standing Signs. All freestanding signs shall include, as part of th design, landscaping and/or hardscaping about their base so as to prevent vehicles from hitting the si and to improve the overall appearance of the installation. The applicant shall maintain all landsca areas in a healthy and viable condition. J. Inspection.All sign owners and users shall permit the periodic inspection of their signs by tl City upon reasonable notice. K. Specific Plan Standards to Apply. Signs to be located within the boundaries of a specific pi or other special design approval area shall comply with the criteria established by such plan or are 9.160.040 Permanent Signs in Residential Districts. Signs identified in Table 9-... following are permitted in residential districts subject to approval a sign permit per Section ...: LQZC I. , SIGNS [Draft: 1/9 ..:.:: ABLE*9=.o.c PERMANENT:SIGNS PERMITTED IN. RESIDENTIAL :..:::::....:...:.: :::.....::..::::..... S'VVITH:ASIGN PERMTT Sign Typeamd '< ': Max. �, Max. Area '< Max. ' ; ::.nIumAd it* Placement plumber (sq/ft) :,;:...... .'Height ::..:..::;..;: Y.: Idequiremeats. Note: :: • Free-standing signs sha11'not be Iocated within 5"of a street right=of way nor within a corner cutoit identified Se ur coon ::::...:..;:.. means identification sign.. Tree -standing 2 per entry 24 6 ft. Indirect only 1 monument sign permitted project/neighborhood street on each side of street entry monument sign . Free-standing apartment 2 per entry 18 6 ft. Indirect only 1 permitted on each side of complex ID sign entry drive to the complex Building -mounted I per street 18 Top of wall Indirect only For single apt. bldgs only. Si apartment building ID frontage above for multi-bldg sign complexes. Building -mounted or 1 per 18 Top of wall or Direct or Signs are to be designed and free-standing directory entrance to 6 ft. if free- indirect for oriented to direct pedestrian sign for multi -tenant building or standing all signs traffic buildings or complexes complex Building -mounted or 1 of either 12 Top of wall; or Indirect only Permanent sign giving yenta free-standing apartment per street 6 ft. if free- information for buildings or rental frontage standing complexes containing 4 or (permanent) more units f Church and Institutional • 1 free- 24 6 ft. Direct or 1 sign may be changeable Uses standing indirect for copy all signs • 2 bldg- 24 aggreg. Top of wall mounted Signs exempt from sign permit approval: See Section ... Temporary and semi -permanent signs: See Sections.- and ... 9.160.050 Permanent Signs in Nonresidential Districts. Signs identified in Table 9-... following are permitted in nonresidential districts subject to appmi of a sign permit per Section ...: LQZC ru SIGNS [Draf1:1/S :. T.ABLE:9=:..: PERIVIANENT SIGNS PERMiTTED�:IN;NONRESIDEN'ITAL..."'..,��`:{;:' :...::.:..:.... . :.. -::DISTRICTS VVIM.:A SIGN -PERMIT :: ...:::.::.:>::.:•:> Sign Type ead: Max..Number ,:. Max: Area Maa..::' :°>Xllumination ::Additional -Placement :.. .. ::<' <:::: .. `.:._`s.. :;::. `: :' .......::.. Height ,. .: Requirements Note: Ftee-standing signs shall not be located within 5':of a street right -of vvay _nor within a. coiner cutoff a identified in Section:.. "ID" means identification sign. Permanent window I per window 10°/m of window n/a No See Section... foi signs area temporary windo • signs allowed Free-standing ID sign 1 per street frontage .25 sq/ft per 8 ft. Indirect only Aggregate sign for multi -tenant lineal ft. of street area may not be building or multi- front -age up to combined anion@ building shopping max. of 50 sq/ft street frontages center or other per sign and 100 commercial or office sq/ft aggregate complex for all signs Building -mounted ID 1 flush -mounted plus 50 sq/ft Top of Direct or sign for individual 1 under -canopy per aggregate wall indirect for all commercial or office tenant frontage along signs tenants a street or along a common -use parking lot with no direct street frontage Free-standing ID sign 1 50 sq/ft 8 ft. Indirect only Allowed only if for individual bldg has min. 2C commercial or office ft. of street bldg. frontage Building -mounted ID 2 1 sq/ft per lineal Top of Direct or sign for individual % of bldg - wall indirect for all commercial or office fronta4e along a signs bldg. street up to max. Hof 50-sq/ft aggregate Building -mounted or 1 per entrance to 18 sq/ft Top of Direct or Signs are to be free-standing directory building or complex wall or 6 indirect designed and sign for multi -tenant ft. if free- oriented to dire( bldgs or complexes standing pedestrian traffi Hotels and motels 1 free-standing, 2 50 sq/ft for free- 12 ft. Indirect only Allowed for stagy building -mounted standing sign for free- alone hotels or and 100 sq/ft standing. motels which ai aggregate for all Direct or not part of a lar, signs indirect for multi -use comp bldg-mounted LQZC SIGNS _ [Draft: 1/9 : ;:._::.:;: TAELE9-�s PERMA1vENTSIGNS. PERMTITED II�i. NO1�iRESIDENTIAI� ::°':'::�:�:': :. ..... :.... I A N PERNW ..::'; Sign Type and . ; .::: Max. Number Max. Area :: .; . Maa:..:Illumination Additional Placement :: ; :. ::;.::>' ' ;'' : ::'':`.:::.:.;:..<.:>:::::::: ,Height ;::... :.:.::. Requiiements Gas/service stations 1 free-standing sign 32 sq/ft 8 & Direct or Allowed only for per street frontage, indirect for all stations which are combining business signs not accessory to identification and gas other uses. Gas prices price sign must show the lowest I building -mounted 12 sq/ft Top of price per gallon o ID wall all grades, including taxes. Theaters, cinemas, and 1 free-standing and 1 Aggregate Top of Direct or cabarets building -mounted allowed: 20 sq/ft wall or 12 indirect for all sign, of which 1 sign plus 10 sq/ft per ft. if free- signs may be combination screen/stage standing ID and attraction over 1, up to a board max. of 40 sq/ft Top of 1 building -mounted 6 sq/ft each wall Indirect only coming -attraction poster per screen or stage Church and • 1 free-standing 24 6 ft. Direct 1 of the allowed Institutional 'Uses or signs may includ • 2 bldg-mounted 24 aggreg. Top of indirect for all an attraction boa wall signs Signs exempt from sign permit approvals See Section .» Temporary and semi -permanent signs: See Sections.— and ... LQZC SIGNS 9.160.060 Permitted Temporary Signs. [Draft: 119] A. Definition. "Temporary sign" means any sign which is intended to be posted for a maximum of 60 days. Temporary signs include without limitation: political campaign signs, special event signs, garage sale signs, search lights, real estate for sale, for lease, for rent or open house 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 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 shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under Subsection F. of this Section, 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 .... D. Maximum Height. Temporary signs which are placed on public or private property may not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings must not be higher than the finished floor line of the second floor of such buildings 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. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, 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. Temporary signs shall be placed no less than 200 feet apart from identical or substantially similar temporary signs. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. F. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post: (a) more than five temporary signs on private or public property which will be visible simultaneously within the boundaries of the City, or (b) temporary signs larger than the maximum allowed size shall make application to the Planning and Development Department for a sign permit. LQZC SIGNS [Draft: 1191 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the Planning and 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 Planning and Development Department's receipt of a temporary 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 temporary signs based on character, location, and design, including design elements such as materials, letter style, colors, illumination, 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 temporary 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 may approve a permit application for temporary signs which are proposed to exceed the maximum size allowed under Subsection C of this Section upon making the following findings: (1) Additional size is necessary to make the temporary sign visible or readable to its intended audience. (2) The size of the temporary sign is no larger than necessary to make the sign visible or readable to its intended audience. (3) The additional size of the temporary'si'gn is not likely to harm the public health, safety or welfare. d. The Director's decision with respect to a permit application for a temporary sign may be appealed to the Planning Commission. G. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the Building Inspector determines that a temporary sign LQZC 10 SIGNS [Draft: 1/91 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 three days of the date of notice. 3. Removal, from Private Property. If the Building Inspector 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 Inspector 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 Building Inspector cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to 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 mailed, delivered or posted, the temporary sign shall be deemed abandoned, and the Building Inspector 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. 9.160.070 Permitted Semi -Permanent Signs. A. Definition." Semi -permanent sign" means a sign which is intended to be erected or posted for a minimum of 61 days and a maximum of one year. 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 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, and shall not exceed ten feet in height. 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 .... D. Maximum Height. Semi -permanent signs may not exceed six feet in height. Semi -permanent signs which are posted, attached or affixed to multiple -floor buildings must not be higher than the finished 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 LQZC 11 SIGNS [Draft: 1191 shall be measured to the highest point of the surface of the sign. E. Placement Restrictions. Semi -permanent signs :may not be posted on public property, as defined in Section .... 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. F. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post or erect a semi -permanent sign shail make application to the Planning and Development Department for a semi -permanent sign permit. Statement of Responsibility Required. Each applicant for a semi -permanent sign permit shall submit to the Planning and 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 Planning and Development Department's receipt of a temporary 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 temporary signs based on character, location, and design, including design elements such as materials, letter style, colors, illumination, 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 may approve a permit application for semi -permanent signs which are proposed to exceed the maximum size allowed under Subsection C of this Section upon making the following findings: (1) Additional size is necessary to make the semi -permanent sign visible or readable to its intended audience. (2) The size of the semi -permanent sign is no larger than necessary to make the sign visible or readable to its intended audience. LQZC 12 SIGNS [Draft: 119] (3) The additional size of the semi -permanent sign is not likely to harm the public health, safety or welfare. d. The Director's decision with respect to a permit application for a semi -permanent sign may be appealed to the Planning Commission. G. Time Extensions. The applicant may apply for a time extension of up to one year from the date of expiration. The Planning and Development Director shall approve the application for an extension of time upon finding that the semi -permanent sign is otherwise in compliance with the requirements of this Section and that the time extension is necessary to accomplish the purposes for which the semi- permanent sign has been posted. H. Maintenance and Removal of Semi -Permanent Signs. 1. Maintenance. All semi -permanent signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal.If the Building Inspector finds that any semi -permanent sign is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the Inspector shall give written notice to the owner of the semi -permanent sign, or the person who has claimed responsibility for the semi -permanent sign pursuant to Subsection F of this Section, that the semi -permanent sign is in violation of this Section, shall specify the nature of the violation, and shall direct the owner of the semi -permanent sign or responsible person to remove or alter such semi -permanent sign. If the Building Inspector cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to each semi -permanent sign which is in violation. If the owner of the semi- permanent sign or the person responsible therefor fails to comply with the notice within five days after such notice is mailed, delivered or posted, the semi -permanent sign shall be deemed abandoned, and the Building Inspector may cause such semi -permanent sign to be removed and the cost thereof shall be payable by the owner or person responsible for the semi -permanent sign to the City. 9.160.080 Sign Permit Review. A. Sign Permit Required. Sign permit approval is required prior to obtaining a building permit for the placing, erecting, moving, reconstructing, altering, or displaying any sign on private property within the city, unless the review procedure is exempt under Section ... of this Chapter or other provisions of this Chapter. Signs requiring approval shall comply with the provisions of this Chapter and all other applicable laws and ordinances. Signs legally existing prior to the effective date of the ordinance codified in this Chapter shall not require approval until such time as the sign is moved, structurally altered, changed or relocated; at which time, the review and approval provisions of this Chapter shall apply before a sign permit and/or building permit is issued. LQZC 13 SIGNS [Draft: 119] B. Submission Materials. The following shall be submitted by the applicant to the Planning and Development Department at the time of permit application unless otherwise modified by the Planning and. Development Director: 1. Completed sign application obtained from the City; 2. Appropriate sign plans with number of copies and exhibits as required in the application; 3. Appropriate fees as established by City Council resolution; 4. Letter of consent or authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected. 5. Sign plans with the following information: a. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy and illumination method; b. Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy, and method of illumination indicated for each; c. Building elevations with signs depicted (for building -mounted signs). C. Review Procedures: Standard Sign Application. 1. The standard sign application is used by the Planning and Development Department to process the following sign applications using the standards and provisions contained in this Chapter. a. Two or less permanent signs; b. The modification of signs within a previously approved planned sign program pursuant to Subsection ... of this Section. ' ' 2. The Planning and Development Director or other authorized staff member shall review standard sign applications and shall make a determination to either approve, approve with modification, or deny the application. The review shall consider the size, design, colors, character and location of the proposed signs. 3. A standard sign application shall only be approved after a finding that the proposed sign is consistent with the purpose and intent of this Chapter and the regulations herein. D. Review Procedures: Planned Sign Programs. LQZC 14 SIGNS [Draft: 119] 1. Planned sign program review is required for submissions with more than two permanent signs, in conjunction with review of a site development permit by the Planning Commission, or for requests for sign adjustments to signs previously approved under the planned sign program pursuant to Subsection ... of this Section. 2. The Design Review Board shall review applications made under the planned sign program and make recommendations to the Planning Commission. 3. The Planning Commission shall make a determination to either approve, approve with modifications, or deny planned sign program applications; 4. The Planning Commission, upon completion of its review, may attach appropriate conditions to any sign program approval. In order to approve a planned sign program, the Commission must find that: a. The sign program is consistent with the purpose and intent of this Chapter; b. The sign or signs are in harmony with and visually related to: (1) Other signs included in the planned sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, 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. Approval of a planned sign program shall not adversely affect surrounding land uses or obscure adjacent conforming signs. 5. Modification of signs within a previously -approved sign program shall be made in the following manner: a. The Director may approve the following -modifications using the provisions of the standard sign program. However, at the discretion of the Director modification requests may be referred directly to the Design Review Board for recommendation and the Planning Commission for action. (1) Up to a twenty-five percent increase in the sign area and/or dimensions; (2) Relocation of sign(s) to a new position on the same building elevation or street frontage; (3) Change in method of permitted illumination or the lighting of signs. b. All other modification requests will be reviewed by the Design Review Board and approved by the Planning Commission using the provisions of the planned sign program. LQZC 15 SIGNS [Draft: 119] c. For purposes of this Subsection, exempted signs shall not be included in the above calculations. E. Sign Adjustments. Adjustments to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination or additional height may be granted by the Planning Commission. The applicant for a planned sign program application must request the adjustment in writing on forms provided by the Planning and Development Department. The Planning Commission must find that one or more of the following facts exist when an adjustment is made: 1. Additional Area: a. To overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location; b. To achieve an effect which is essentially architectural, sculptural, or graphic art; c. To permit more sign area in a single sign than is allowed, but less than the total sign area allowed on the site, where a more orderly and concise pattern of signing will result; d. To allow a sign to be in proper scale with its building or use; e. To allow a sign compatible with other conforming signs in the vicinity; f. To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot. 2. Additional Number: To compensate for inadequate visibility, or to facilitate good design balance. 3. Alternative Locations: a. To transfer area from one wall to another wall or to a free-standing sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback; b. To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street. In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a sign within the access easement; c. Additionally, alternative on -site locations may be granted in order to further the intent and purposes of this Chapter or where normal placement would conflict with the architectural design of a structure. LQZC 16 SIGNS [Draft: 119] 4. Alternative Type of Sign: To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance on the site. 5. Additional Height: To permit additional height to overcome a visibility disadvantage. F. Disposition of Plans. When revisions to sign plans are required as a condition of approval, the applicant shall submit the required number of copies of the revised plans to the Planning and Development Department to be stamped "Approved." The department will retain copies and a set will be returned to the applicant. 2. After approval is granted, it shall be the responsibility of the applicant to submit all required applications, plans, bonds, and fees to the building and safety department of the Planning and Development Department for issuance of the building permit. G. Sign Permit Expiration and Time Extensions. l . Approval of a standard application or planned program application shall expire one year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the Director for an extension of up to one year from the date of expiration. The Director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if the Director finds that there has been a substantial change in circumstances. 2. The expiration date of the sign approval(s) shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign. 3. A sign approval shall expire and become void if the circumstances or facts upon which the approval was granted changes through some subsequent action by the owner or lessees such that the sign would not be permitted per this Chapter under the new circumstances. H. Appeals. Any decision of the Planning and Development Director made pursuant to this Chapter may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. The appeal must be made within 15 calendar days of the decision date, in accordance with Section .... 9.160.090 Prohibited Signs. The signs and displays listed in this Section are prohibited. Such signs are subject to removal by the City at the owner's or user's expense. Prohibited signs include the following: LQZC 17 SIGNS _ _ [Draft. 1/ 1. Any sign not in accordance with the provisions of this Chapter; 2. Abandoned signs; 3. Rotating, revolving, or otherwise moving signs; 4. Traile isr igns purposes; to vehicles sel and used for advertising or directior 5. Flags, pennants, streamers, spinners, festoons, windsocks, valances, or similar displays„ unh specifically permitted in this Chapter; 6. Animated or flashing signs; 7. Portable signs, unless specifically permitted in this Chapter; 8. Off -premise signs, unless specifically permitted in this Chapter; 9. Billboards or outdoor advertising signs; 10. Signs which identify or advertise activities which are illegal under federal, state, or local la in effect at the location of such signs or activities; 11. Building -mounted signs placed on or above the roof or above the eave line of any structu 12. Signs which purport to be, are an imitation of, or resemble an official traffic sign or signs 13. Signs which, by reason of their size, location, movement, content, coloring, or manner illumination may be confused with or construed as a traffic -control sign, signal, or device, the light of an emergency or radio equipment vehicle, or which obstruct the visibility of traffic or street sign or signal device;; 14. Signs that create a potential safety hazard by obstructing clear view of pedestrian or vehict traffic 15. Signs located upon or projecting over public streets, sidewalks, or rights -of -way (unl specific approval has been granted); 16. Signs attached to utility poles or stop signs or other municipal sign structure. 17. Balloon signs, inflatable animal or other figures, or other inflatable displays, whether tethe or not. LQzC SIGNS - — [Draft: 1/9j 18. Signs located closer to overhead utility lines than the minimum distance prescribed by California law, or by the rules duly promulgated by agencies of the state or by the applicable public utility. 19. "Far Sale" signs affixed to vehicles parked on public right-of-way or on any vacant property 20. Portable signs, such as A -frame type; 21. Neon signs, except those specifically approved as an activity's major identification sign; 22. Signs drawn or painted onto or otherwise affixed to trees or rocks; W 23. Advertising statuary; 24. Any temporary sign or banner, unless specifically permitted in this Chapter; 25. Commercial signs on bus stop benches or enclosures. 9.160.100 Existing Signs. A. Legal Nonconforming Signs. 1. Every legal sign in existence on the effective date of this Code which does not conform to th provisions of this Chapter but which was in conformance with City sign regulations in effec prior to said effective date, shall be deemed a legal nonconformity and may be continued an maintained provided: a. The sign is properly maintained and does :not in any way endanger the public; and b. The sign was covered by a valid permit or variance or complied with all applicable laws o the date of adoption of the ordinance codified in this Chapter. 2. No nonconforming sign shall be changed to another nonconforming sign, changed in an manner that increases the sign's noncompliance with the provisions of this Chapter, nc expanded or structurally altered so as to extend its useful life. This restriction does not preclud change of sign copy or normal maintenance. 3. Any nonconforming sign which is damaged or destroyed beyond 50 percent its value shall removed or brought into conformity with the provisions of this Chapter. The determinatic whether a sign is damaged or destroyed beyond such 50 percent of value shall rest with tt Planning and Development Director and shall be based upon the actual cost of replacing sal sign. LQZC SIGNS [Draft: 1191 4. The burden of establishing a sign as legally nonconforming under this Section rests upon the person or persons, firm or corporation claiming legal status for a sign. B. Illegal and Abandoned Signs. 1. Illegal Signs. Any sign which does not have a required permit or which otherwise violates applicable provisions of this Chapter shall be deemed illegal. If the Director determines a sign to be illegal, the Director may order the property owner and/or sign owner to remove the sign or may require other actions to ensure compliance with this Chapter. Further, in order to discourage the erection of signs without a permit, the Director may require that such illegally - erected signs be removed prior to review. If the Director determines that such removal is not feasible, such illegal signs shall be subject to a tripled sign permit application fee in conjunction with sign review. 2. Abandoned Signs. Any sign located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or which pertains to a time, event or purpose which no longer applies shall be deemed abandoned. Such signs shall be removed within 90 days after the associated enterprise or occupant has vacated the premises or within 90 days after the time, event, or purpose which no longer applies has ended. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal per Section .... C. Unsafe Signs. Any sign deemed by the City to be a danger to the public under any applicable ordinance or other statute shall be repaired or altered to as to be deemed safe by the City or shall be removed pursuant to Section .... D. Expired Temporary and Semi -Permanent Signs. A temporary or semi -permanent sign which remains posted beyond the time limits set out therefor in Sections ... and ... respectively shall be removed. 9.160.110 Enforcement and Sign Removal. - A. Enforcement Responsibility. It shall be the duty of the Director or the Director's authorized representative to enforce the provisions of this Chapter. B. Authorization for Sign Removal. The City may remove or cause to be removed any sign which the Director has determined is subject to removal under Section ... or other provisions of this Code or other applicable ordinance or law. C. Sign Removal Procedures. 1. Methods of Removal. The removal of any terminated and/or illegal sign shall be by one or a combination of the following procedure$: LQZC 20 SIGNS [Draft: 119] a. Immediate Removal. Any sign which does not comply with this Chapter must be removed immediately by the business owner or property owner or such sign may be removed by the City. No prior written notice must be given by the City, except a written notice shall be provided for legally permitted temporary or semi -permanent signs which have expired pursuant to Sections ... or .... b. Public Nuisance. The City may use the public nuisance procedures contained in Chapter ... of this Code to cause removal of any sign subject to removal under the provisions of this Section. 2. Removal Costs. Any sign removed by the City may be retained for 15 calendar days and the owner notified. If the sign is not claimed, it may be destroyed. The Director may impose charges related to City removal of signs. The expense of such removal and any subsequent storage shall be a lien against the property on which the sign was maintained and an obligation against the property owner. 3. Notification. The City may send an official termination notice by certified mail to the owner of the property upon which a terminated or unlawful sign is located. The notice shall identify why the sign is to be removed and indicate the removal period to be within 15 calendar days from the date the notice is sent. Should the sign not be removed within the time period specified, the City may remove or have the sign removed and the costs charged to the property owner. If the removal costs have not been paid and the sign not reclaimed within 30 calendar days of the removal by the City, the City may sell or otherwise dispose of the sign and apply the proceeds towards the original removal costs. Any proceeds in excess of the cost of removal shall be paid to the property owner. As an alternative method of recouping costs, the City may lien the property as provided in the California Enforcement Code. 4. No City Liability. Neither the City nor any of its agents shall be liable for any damage to a sign which is removed under this Section. D. Legal Action. In response to any violation ofrthe provisions of this Chapter, the City may elect to file a criminal complaint against the violator; issue a citation to the violator for an "infraction" pursuant to California Government Code Section 36900, or institute a civil action in a court of competent jurisdiction. 9.160.120 Sign Definitions. For the purposes of this Chapter, words and phrases relating to signs shall be defined as follows: A. "Abandoned sign" means a sign which is located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or a sign which pertains to a time, event or purpose which no longer applies. LQ.7C 21 SIGNS [Draft: 119] B. "Accessory sign" means a sign whose copy refers to the products, facilities, or services available on the premises. C. "Advertising statuary" means an imitation or representation of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used to identify or advertise a product or service. D. "Advertising vehicles" means any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Public buses or taxis are exempt from this prohibition. E. "Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service message center signs and flags. F. "Attraction board" means a sign capable of supporting copy which is readily changeable without the use of tools, such as a theater marquee, and which refers to products, services, or coming events on the premises. G. 'Banner" or "banner sign" means a sign hung either with or without frames, possessing written communication applied to nonrigid paper, plastic or fabric of any kind. H. 'Billboard means an off -premise sign with changing advertising copy or other changing copy. I. 'Bulletin board" means a board, kiosk, or wall area on which are affixed personal notices, lost - and -found notices, business cards, and similar small'informal notices referring to products, services, activities, or other items not offered on the same premises. The term bulletin board shall not include business identification signs or attraction boards. J. "Building -mounted sign" means a sign affixed to a building, painted directly on a wall, or erected against the wall of a building. Building -mounted signs include awning signs, fascia signs, mansard roof signs, wall signs, window signs, projecting signs, and under -canopy signs,. K. 'Business" means a commercial, office, institutional, or industrial establishment. L. "Canopy" means a fixed structure of any material and any length, projecting from and corrected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground.. LQZC 22 SIGNS [Draft: 1191 M. "Construction sign" or "future facility construction sign" means a sign containing information pertaining to a future development on the site where the sign is located, including the name of the project, the developer, contractor, financing source, future occupant(s), and other information directly related to the development. N. "Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign. O. "Development" means a building or group of buildings which function as an integrated whole and which have common access and/or parking facilities. P. "Directional sign" means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the ;property to which or on which the public is directed. Such a sign contains no advertising copy. (Examples are: "one-way," "entrance," "exit," "parking in rear," "15 miles per hour," "no left turn"). Q. "Director" or "Planning and Development Director" means the Planning and Development Director for the City of La Quinta or the Director's authorized agent or representative. R. "Electronic message board sign" means a sign with a fixed or changing display composed of a series of lights, but does not include time and temperattxe displays. S. "Exempt sign" means a sign which is designated in this Code as not subject to certain regulations. T. "Face of building wall" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. U. "Fascia" means a parapet -type wall used as part of the fascia of a flat -roofed building and projecting not more than six feet from the building face immediately adjacent thereto. Such a wall shall enclose at least three sides of the projecting flat roof' and return to a parapet wall or the building. V. "Flag" means a visual display device with or without copy, made of flexible material, usually cloth, paper, or plastic. W. "Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service message center signs. X. "Free-standing sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs, pylon signs, ground signs and pole signs. Y. "Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used to announce LQZC 23 SIGATS sale of a used item or items. [Draft: 119] Z. "Identification sign" or "ID sign" means a sign whose copy is limited to the name and address of a building, business, office, establishment, person, or activity. AA. "Illumination" means the method by which a sign is lighted so as to be readable at night. The following types of illumination are provided for in this Chapter: 1. "Direct illumination" means the lighting of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face. 2. "Indirect illumination" means the lighting of an opaque sign face from a light source mounted in front of the face, or the lighting of opaque sign copy (on an opaque sign face) via lights mounted into the copy and shining rearward onto the face to form a lighted "halo" around the copy (e.g. "reverse channel" letters). BB. "Landscaping" means any material used as a decorative feature, such as shrubbery or planting materials within planter boxes or concrete bases, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy. All landscape areas shall be maintained in a healthy and viable condition for the life of the sign. CC. "Logo" means a trademark or symbol of an organization. DD. "Mansard roof sign" means any sign attached to or supported by a mansard roof. A "mansard roof' is a roof having two slopes, the lower steeper than the upper, and having a slope of sixty degrees or greater with the horizontal plane. EE. "Monument sign" means a free-standing sign mounted on a low -profile solid base or a fence, or a free-standing wall, as distinguished from support by poles. FF. "Multiple -building complex" means more than one structure on a parcel of land housing commercial uses in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide an area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -building complex may, but need not, include common ownership of the real property upon which the center is located, common -wall construction, and multiple -tenant commercial use of a single structure or structures in multiple buildings. GG. "Multiple -tenant (commercial) building" means a commercial development in which there exists a number of separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -tenant commercial building may, but need not, include common ownership of the real property upon which the center is LQZC 24 SIGNS [Draft: 1191 located, common -wall construction, and multiple -occupant commercial use of a single structure. HH. "Neon sign" means a sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure. II. "Off -premise sign" means a structure which bears a sign which is not appurtenant to the use of the property where the sign is located or a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign. Some temporary. signs are not defined as off -premises signs as used within this Chapter. JJ. "On -premise sign" means a sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located. KK. "Parapet wall" means a wall extending above the plate line of the building. LL. "Permanent sign" means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in this Chapter. MM. "Pole sign" means a free-standing sign directly supported by a pole or poles with air space between the grade level and the sign face. NN. "Political campaign sign" or "political sign" means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies. 00. "Portable sign" or "mobile sign" means a sign made of any material, which, by its design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building, or a sign upon'a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base or platform for the sign. (Also includes sidewalk or sandwich board signs). PP. "Projecting sign" means any sign with two parallel faces no more than eighteen inches apart projecting twelve inches or more from the wall or eaves of a building. No guy wires, braces, or secondary supports are visible. QQ. "Private Property" means any property other than public property. RR. "Public Property" means any real or personal property in which the City or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public LQZC 25 SIGNS [Draft: 119] prcperty shall include, without limitation, any street, sidewalk, curb, curbstone, street lamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph wire, pole or appurtenance thereof, any fixture of a fire alarm or police telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life buoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median, public park, or other publicly owned property or structure. SS. "Public service message center sign" means an electronically or electrically controlled sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix. TT. "Real estate sign" means a sign advertising the sale, lease or rent of the property upon which it is located and the identification of the person or firm handling such sale, lease or rent. UU. "Roof sign" means any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building. VV. "Seasonal sales sign" means a sign used to advertise a business or merchandise held seasonally for a limited interval, all or most of whose business is conducted or whose merchandise is displayed in an outdoor area. WW. "Sign" means any medium for visual communication, including copy, structure, and component parts, which is used or intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information. XX. "Sign area" means the following: 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'diiectly 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. • - LQZC 26 SIGNS [Draft.- 119] 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. YY. "Sign face" means the exterior surface of a sign exclusive of structural supports, on which is placed the sign copy. ZZ. "Sign height", "height of sign", or "height" means the following: 1. For building -mounted signs, the distance from the average finish grade directly beneath the sign to the top of the sign. 2. For free-standing signs, the distance from 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. AAA. "Sign permit" means an entitlement from the City to place or erect a sign. BBB. "Sign program" means the method of review and approval of signs by one of the following two procedures: 1. Standard sign application. The review and approval of standard sign applications for is conducted by the Director of Planning and Development consistent with the regulations and standards as identified for various signs irrthis Chapter. 2. Planned sign program. The review and approval of applications for signs under this program is conducted by the Planning Commission. The Planning Commission may exercise discretion to provide additional flexibility in the application of the regulations of this Chapter. CCC. "Sign structure" means the structural supports, uprights, and bracing for a sign. DDD. "Special event sign" means a sign used to announce a circus, carnival, festivals or other similar events. EEE. "Subdivision sign" means a sign containing the name, location or directions to a builder, developer, and pertinent information about a sut division for which there is a properly approved and LQZC 27 SIGNS [Draft: 119] recorded map and in which homes remain to be constructed or initially sold. FFF. "Under -canopy sign" means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling, or marquee. GGG. "Wall sign" means a sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs or advertising displays in or on windows are not considered wall signs. HHH. "Window sign" means any sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. LOW 28 CHAPTER 9.200: DISCRETIONARY REVIEW Sections: 9.200.010 Discretionary Actions ................................ 1 9.200.020 Discretionary Review Authority ....................... 1 9.200.030 Combined Applications .............................. 3 9.200.010 Discretionary Actions. A. Definition of Discretionary Action. All permits and other actions described in Chapters ... are discretionary. A discretionary action is an action which the City has the right to either approve or disapprove. Chapters ... set forth the procedures for processing discretionary applications and the criteria and conditions necessary so that an appropriate decision may be made by the City on each such application. B. Persons Who May File Applications. An application for a discretionary permit or other discretionary action such as a zone change or general plan amendment may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency. C. Application Filing. Applications for discretionary permits or other discretionary actions shall be filed with the Planning and 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 .... The Director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. D. Determinations Regarding Applicability. When it is not immediately apparent which type of discretionary action applies to a proposed project, the Director shall decide. The Director's decision shall be based on the Director's determination of the characteristics of the project and the purpose of each discretionary action as set forth in Chapters .... In cases where the Director concludes that because of unusual project characteristics the determination may materially affect achievement of the objectives of this Zoning Code as stated in Section ..., the Director shall refer the determination of applicability to the Planning Commission. E. Legal Actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this Chapter shall be governed by the applicable provisions of the state Planning and Zoning Law (Government Code Section 65000 et seq). 9.200.020 Discretionary Review Authority. A. Decision -Making Authority. Table 9-..., following, specifies the decision -making authority for each of the various discretionary actions described in Chapters .... An "A" or "PH" means that the official or body at the top of the column has decision -making authority for the application. An "A" means that the application is reviewed administratively without a public hearing. A "PH" means that LQzC............................................................................................................................................................................................. DISCRETIONARYRE VIEW............................................................................................................................... [Draft: 316195] a public hearing is required before action is taken. An "R(PH)" means that the Planning Commission is responsible for holding a public hearing and forwarding a recommendation to the City Council. TABLE 9-... DISCRETIONARY REVIEW AUTHORITY Type of Application DECISION -MAKING AUTHORITY Director of Planning City Council Planning/Devel. Commission General Plan Amendment R(PH) PH Zoning Code Amendment R(PH) PH Zone Change R(PH) PH Specific Plan R(PH) PH Variance PH Conditional Use Permit PH Compatibility Review PH Site Development Permit A* or PH* Minor Use Permit A Minor Adjustment A Temporary Use Permit A Home Occupation Permit A Sign Permit A Certificate of Occupancy A Grading Permits Per City Grading Code Subdivisions Per City Subdivision Code Environmental Review Per City Environmental Review Procedures * Decision -making authority to be determined by the Director on a case -by -case basis. LQZC...............................................................................................................................................:.............................................. 2 DISCRETIONARYREVIEW................................................................................................................................ [Draft: 316195] B. Referral by Director. Any application for which the Director has decision -making authority may be referred to the Planning Commission for review if the Director determines on a case -by -case basis that the public interest would be better served by such referral. In such cases, the Director shall also determine if.a public hearing is required. C. Administrative Action. The discretionary permits to be acted upon administratively by the Director per Table 9-..., preceding, are those which are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding community or the environment. A public hearing or public notification is not required for administrative actions, although the Director may notify residents or property owners near the subject property if the Director determines on a case -by -case basis that the public interest would be served by such notification. D. Public Hearings. Public hearings shall be noticed and held in accordance with Section ... for those applications shown in Table 9-... as requiring a hearing. 9.200.030 Combined Applications. At the discretion of the Director, applications for different types of permits or other discretionary actions may be combined and processed concurrently in one application with one fee deposit so long as all applicable processing requirements and all required findings are satisfied. The following rules shall apply to such combined applications:' 1. When an application requiring a public hearing is combined with one not requiring a public hearing, the combined application shall require a public hearing. 2. The final decision on the combined application shall be made by the highest applicable decision -making authority pursuant to Table 9-... preceding. For example, the decision on an application combining a zone change and a conditional use permit shall be made by the City Council. 3. The applicable fee(s) shall be deposited in accordance with Chapter.... LQzC........--------------------------------- 3 CHAPTER 9.210: GENERAL PERMITTING PROCEDURES Sections: 9.210.010 General Provisions ................................ 4 9.210.020 Permit Applications ............................... 4 9.210.030 Review of Multiphase Nonresidential Projects .......... 5 9.210.040 Action by Decision -Making Authority ................ 6 9.210.050 Time Limits on Processing Applications ............... 7 9.210.060 Permit Expiration and Time Extensions ............... 7 9.210.070 Modifications by Applicant ......................... 8 9.210.080 Amendments to Discretionary Permits ................ 8 9.210.090 Public Hearings .................................. 9 9.210.100 Appeals ........................................ 10 9.210.110 Permit Revocation ............................... 12 9.210.010 General Provisions. A. Applicability.The provisions of this Chapter shall apply to the processing of all discretionary permits. B. Definition. A discretionary permit is a discretionary action which is specific to an individual property and which authorizes a specified land use or uses and/or a specified development on the property. C. Applicable State Law. It is intended that the provisions of this Chapter shall be consistent and in full compliance with Section 65920 et seq and other applicable sections of the state Government Code and that such provisions shall be so construed. D. Applicability of Permits to Property. All rights granted by the approval of a discretionary permit remain with the affected property and all entitlements, conditions, and requirements of a discretionary permit are passed on to the new property owner when there is a change of ownership. E. Enforceability of Permit Provisions. All conditions, requirements and standards specified either in writing or graphically as part of any approved discretionary permit granted by authority of this Chapter shall have the same force and effect as this Zoning Code. Any land use or development established as a result of an approved discretionary permit which is not in compliance with all such conditions, requirements or standards shall be in violation of this Chapter, and Chapter ... regarding enforcement provisions shall be applicable. 9.210.020 Permit Applications: A. Who May Apply. A property owner, an agent with notarized written authorization from the property owner, or a public agency may submit an application for a discretionary permit. B. Submittal of Applications. Applications for discretionary permits shall be filed with the Planning and 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 .... The Director shall provide the necessary forms plus written filing instructions specifying GENERAL PERMITTING PROCEDURES........................................................................ ........................... [Draft: 316195] all materials and fees required to any requesting person at no charge. C. 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. D. Preparation of Environmental Documents. When it is determined that an environmental impact report or a negative declaration is required for a proposal, the application for that proposal shall not be deemed complete until the applicant has deposited with the Planning and Development Department sufficient funds to pay for the cost of completion of the environmental impact report or negative declaration. The Director shall determine the amount of funds required to be deposited for the preparation of an environmental impact report or negative declaration and shall advise the applicant of that amount within ten days after the application is filed with the Planning and Development Department. 9.210.030 Review of Multiphase Nonresidential Projects. A. Applicability. Large nonresidential projects often include development phases submitted subsequent to initial project approval (such as shopping centers with anchor stores in the initial phase and perimeter fast food restaurants in later phases). This Section sets forth procedures for review of such phased projects. B. Master Site Development Permit. When a multiphase project is submitted, a master site development permit (SDP) case number shall be assigned. This master SDP will cover review of the following: (1) Buildings, development details, and other improvements within the initial phase. (2) Land uses, approximate pad locations and sizes, and related information for all subsequent development phases. C. Subsequent Phases. If the master SDP is approved, applications for subsequent development phases shall be processed under separate site development permits (and other permits if required). D. Director's Authority. The Director may vary from the preceding procedures in individual cases if the Director determines that public review of the project will be enhanced or that the public interest will otherwise be better served. LQZC.................................................... :......................................................................................................................................... S GENERAL PERMITTING PROCEDURES.................................................................................................... [Draft: 316195] 9.210.040 Action by Decision -Making Authority. A. Possible Actions. The decision -making authority may take one of the following actions on each application: 1. Approval. Simple approval of an application means that no conditions or requirements other than those specified by the application are imposed. After the action's effective date defined in Subsection C of this Section and after approval of any required plan revisions per Subsection D of this Section, the proposed land use or development may be established in compliance with all applicable regulations and the approved project plans and specifications. 2. Conditional Approval. Any application may be approved subject to compliance with conditions. Conditions may require dedication of land, installation of improvements, the posting of financial security to guarantee performance, or other conditions necessary to achieve the objectives of the General Plan and this Zoning Code. After the action's effective date as defined in Subsection C of this Section and after approval of any required plan revisions per Subsection D of this Section, the proposed land use or development may be established in compliance with all applicable regulations, the approved project plans and specifications, and the requirements of the conditions of approval. 3. Denial. When a conditional use permit or site development permit application has been denied, an application for the same or a similar use on the same property shall not thereafter be accepted for a period of one year from the date of final determination, except that the decision -making authority may specify that this time limitation shall not apply. This time limitation on resubmittal of applications is not applicable to other discretionary permits. 4. Withdraual. With the concurrence of or at the request of the applicant, any discretionary permit application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed. B. Action in Writing. The decision on each application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval shall be in writing. A copy of the written determination shall be forwarded to the applicant following the date of final determination and shall be made available at cost to any person requesting such a copy. C. Effective Date. The determination of the decision -making authority shall be effective 15 days after the date the decision is made and after all appeals, if any, have been acted on. D. Plan Revisions per Condition of Approval. When the decision -making authority approves an application for any discretionary permit in a manner that is different from that which was presented to LQZC.............................................................................................................................................................................................. 6 GENERAL PERMITTING PROCEDURES.................................................................................................... [Draft: 316195] it, it may require revised plans to be submitted as a condition of approval. No building or grading permits or certificates of occupancy authorized by a discretionary permit shall be issued until such revised plans are submitted to the Planning and Development Department and found by the Director to be consistent with the action of the decision -making authority. If such revision is not submitted within 50 days after the action's effective date or within a time otherwise specified by the decision - making authority, the permit approval shall thereafter be null and void. However, prior to the expiration of this period, the Director may grant one extension of time of an additional 60 days if it is requested and justified by the applicant. E. Tie Votes. If action on a discretionary permit or another discretionary review application results in a tie vote by the decision -making authority, such vote that shall constitute denial of the: 1. Discretionary permit; 2. Appeal of an action on a discretionary review item pursuant to Section .... A tie vote shall allow the original decision to stand; 3. A proposed permit revocation pursuant to Section .... A tie vote shall allow the permit to remain valid; 4. A proposed zone change or zoning code text amendment pursuant to Sections ... and ... respectively. 5. A proposed general plan or general plan amendment pursuant to Section .... 6. A proposed specific plan or specific plan amendment pursuant to Section .... 7. A proposed subdivision tract map or parcel map pursuant to Section .... 8. A proposed development agreement pursuant to Section .... F. Use of More Restrictive Standards. In conjunction with approval of a discretionary permit, the decision -making authority may impose more restrictive site development standards than set forth in this Code in order to make the required findings for each type of permit as specified in Chapters .... 9.210.050 Time Limits on Processing Applications. Discretionary permits shall be processed within the time limits specified in Chapter 4.5 of the state Planning and Zoning Law (Government Code Section 65920 et seq). Time periods specified in Section ... regarding actions on appeals shall be in addition to the preceding Government Code time limits. 9.210.060 Permit Expiration and Time Extensions. A. Period of Validity. The period of validity for a discretionary permit shall begin on the permit's effective date as set forth in Subsection .... The period of validity shall run indefinitely unless it expires pursuant to Subsection C of this Section. B. Establishment. A discretionary permit shall be deemed established if the following actions occur LQZC............................................................................................................................................................................................. GENERAL PERM177ING PROCEDURES.................................................................................................... [Draft: 316195] within 24 months of the permit's effective date or within such other time period designated by the permit approval: 1. In the case of a discretionary permit where ministerial permits are required, such permits have been issued. 2. In the case of a discretionary permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued. C. Expiration. A discretionary permit shall expire and be of no further force or effect if: The permit is not established within 24 months of the permit's effective date or such other time period designated by the permit approval, by state law, or by this Code; or 2. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. D. Time Extensions. Upon application before expiration of the period of validity, the original decision -making authority may grant an extension to the period of validity for up to one year if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision - making authority. 9.210.070 Modifications by Applicant. A. Plan Modifications by Applicant. Plans modified at the initiative of the applicant from those approved by the decision -making authority may be submitted to the Director. B. Procedures. If the Director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision -making authority, and complies with the spirit and intent of the original approving action, the Director may approve the modified plan without further compliance with this Section. If the Director determines that the plan modification may result in a significant change in the project, the Director shall refer the change to the original decision - making authority. 9.210.080 Amendments to Discretionary Permits. A. Content ofAmendments. Permit amendments are required for substantial revisions to conditions of approval, alterations to approved plans which are more substantial than the modifications provided for in Section ... preceding, new or additional land uses, or similar major changes. LQzC.............................................................................................................................................................................................. 8 GENERAL PERMITTING PROCEDURES.................................................................................................... [Draft: 3161951 B. Procedures.A discretionary 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 discretionary 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 same filing fee required for an original application. Amendments shall be processed in the same manner as an original application. 9.210.090 Public Hearings. A. Applicable State Law. Public hearings required for discretionary actions shall be carried out in accordance with the procedures set forth in this Section. It is intended that the provisions of this Section ... 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 an:y 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 ten calendar days prior to the hearing, the City shall: 1. Mail or deliver a public notice, which includes the date, time and place of the hearing, the application number, the applicant's name, the location of the property affected, and a description of the land use, development, or other action proposed, to: a. The owner of the subject real property. b. The owner's authorized agent, if any. c. The project applicant. d. Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project. e. All owners of real property as shown on the last equalized assessment roll within 300 feet of the subject real property. If the number of owners to whom notice would be mailed is LQZC............................ :................................................................................................................................................................. 9 GENERAL PERMITTING PROCEDURES.................................................................................................... [Draft: 3161951 greater than 1000, the City may instead place a display advertisement of at least one -eighth page in a newspaper of general circulation at least ten days prior to the hearing; 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 Planning and 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. 9.210.100 Appeals. A. Appealable Decisions. Any discretionary action by the Director may be appealed to the Planning Commission and any discretionary action by the Planning Commission may be appealed to the City Council in compliance with the provisions of this Section. Appeals must be submitted within 15 days of the action being appealed. E. Designation of Board of Appeals. The Planning Commission shall constitute the board of appeals for decisions by the Planning and 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 discretionary 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 discretionary 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. If the board of appeals exercises its right of call-up review, the applicant shall be responsible to pay for the costs associated with the appeal pursuant to the fee requirements of Section ... 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 LQZC.............................................................................................................................................................................................. 10 GENERAL PERMITTING PROCEDURES.................................................................................................... [Draft: 316195] working day. No appeal shall be accepted after the appeal period has expired. 2. Required Documents. Each appeal, except for call-up reviews initiated by a board of appeals on its own motion, shall be in writing and shall include all grounds for the appeal and sufficient information so as to make it clear to the board of appeals the substance of each of the grounds for appeal. The Director may require that the written appeal be accompanied by such other documents and information that the Director determines to be necessary to adequately explain and provide proper notification for the appeal. No appeal shall be accepted if it fails to contain the grounds for the appeal and the description of the grounds. 3. Forwarding of Records. When an appeal has been received, the Director shall forward to the board of appeals all documents and information on file pertinent to the appeal together with the minutes or official action of the decision -making authority and a report on the basis of the decision. 4. ,Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing. Notice and scheduling requirements for an appeal hearing shall be the same as those for an original hearing as described in Section .... 5. Issues to be Considered. The board of appeals may refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or written correspondence made at or before the time the decision -making authority took action. When reviewing a decision -making authority's decision via its own call-up review, the board of appeals may raise and consider any issue it deems appropriate to the project application. 6. Action on Appeal. Not later than 45 days after an appeal has been received and accepted by the Director, the board of appeals shall consider the appeal and take one of the following actions: a. Take action to sustain, reverse or modify the original decision. If an original decision to approve a project is modified, the board of appeals may modify permitted land uses, place additional or different conditions of approval on the project, direct that revisions be made to project plans, or require other project modifications. b. Continue the appeal for further consideration. c. Refer the application back to the original decision -making authority with directions. 7. Majority Vote. Action by the board of appeals to reverse or modify an appealed decision shall require a majority vote of appeal board members present. If there is a tie vote, the original decision shall stand. LQZC.............................................................................................................................................................................................. 11 GENER/L PERMITTING PROCEDURES.................................................................................................... [Draft: 316195] 9.210.110 Permit Revocation. A. Grounds for Revocation. Any discretionary permit may be revoked by the decision -making authority or the City Council pursuant to the provisions of this Section on any of the following grounds: 1. Such approval was based on inaccurate or misleading information. 2. One or more of the conditions upon which such approval was granted or extended have been violated. 3. A change in conditions occurring after the original grant of the approval or the continuation of the use as approved is contrary to public health, safety or general welfare, or is detrimental or incompatible with other permitted uses in the vicinity. 4. The findings which were the basis for the original permit approval can no longer be made. 5. Other grounds as set forth elsewhere in this Code such as but not limited to those for adult business conditional use permits (Subsection ...). B. Procedure.Prior to any action on revocation, the decision -making authority shall hold a public hearing noticed and held in accordance with Section ..., except that the permittee shall be given not less than 15 days notice. The notice shall state the causes for which the revocation is to be considered. C. Action of Decision-MakingAuthority. Following the hearing, the decision -making authority may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit. D. Amortization. If a revocation of any permit is ordered, the decision -making authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the decision - making authority by any affected person. E. Appeal.Any action by the decision -making authority pursuant to this Section may be appealed as set forth in Section .... F. New Decision -Making Authority. if the decision -making authority which granted a permit is no longer in existence or no longer issues such permits, the authority which would issue such permit at the time revocation is to be considered shall be the decision -making authority as that term is used in this Section. LQZC.-•..................................... 12 CHAPTER 9.220: DISCRETIONARY PERMITS Sections: 9.220.010 Compatibility Review for Multiphase Residential Projects ...... 13 9.220.020 Site Development Permits ............................... 15 9.220.030 Conditional Use Permits and Minor Use Permits ............. 16 9.220.040 Variances............................................17 9.220.050 Minor Adjustments ..................................... 19 9.220.060 Temporary Use Permits ................................. 21 9.220.070 Home Occupation Permits ............................... 22 9.220.080 Grading Permits ....................................... 22 9.220.090 Sign Permits..........................................23 9.220.100 Certificates of Occupancy ............................... 23 9.220.010 Compatibility Review for Multiphase Residential Projects. A. Purpose. Residential projects are often developed in phases -- either by the same or different developers or by individual owner -builders. This Section imposes requirements to ensure that new homes in such projects are compatible in design and appearance with those already constructed. B. Applicability. This Chapter applies to all new residential units proposed for construction within a project which has been partially developed. These requirements are in addition to other applicable regulations in this Code. C. 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 .... Applications for such permits shall be filed with the Planning and 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 .... The Director shall provide the -necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. D. 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. E. Public Hearing Required. A public hearing shall be noticed and held per Section ... prior to Planning Commission approval or denial of any site development permit under the compatibility review provisions of this Section. The Planning and Development Director may require that additional notice be given by enlarging the notification radius or by other means determined by the Director. F. Precise Development Plan. Upon approval, a site development permit approved under the compatibility review provisions of this Section constitutes a precise development plan. Therefore, the GQZC.............................................................................................................................................................................................. 13 DISCRETIONARYPERMITS................................................................................................................................ [Draft.• 316195] 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. G. Required Findings. In addition to the findings required for approval of a site development permit per Section...., 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 Subsection ... 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. 3. Applicable development standards of the new unit(s), including but not limited to setbacks, parking, landscaping, site design, and similar features will be compatible with, and not detrimental to, other existing units in the subdivision. H. 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 lot by the prior builder. 2. If lot fencing has been provided in the subdivision, the developer must provide the same or better type of fencing for the new dwelling, 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; and c. Roof lines 4. At least one specimen tree (24-inch box size or larger) shall be provided in the front or street side yard. 5. The single-family dwelling units proposed within a partially developed subdivision shall not GQZC.............................:......................................................................................................................... ............I.................. 14 DISCRETIONARY PERMITS................................................................................................................................ [Draft: 316195] deviate by more than ten percent from the square footage of the existing or approved units. I. 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. J. Appeals. The applicant or any other aggrieved party may appeal decision of the Planning Commission in accordance with the provisions of Section ... 9.220.020 Site Development Permits. [analogous to 'plot plans'; Ch. 9.180 of existing Code] A. Terminology. For purposes of this Code, site, architectural, landscaping and related development plans are included within the term "site development permit". B. Purpose. The purpose of a site development permit is to ensure that the development and design standards of this Zoning Code, including but not limited to permitted uses, development standards, and supplemental regulations are satisfied. The site development permit process provides a means of achieving this purpose through City review of detailed plans for proposed development projects. C. Applicability. A site development permit is required for all projects which involve building construction except the following: 1. Alterations to single family homes or associated accessory structures, unless a site development permit is required by an applicable discretionary permit or by a specific provision of this Zoning Code (e.g. approval of over -height fences per Section ...). 2. Signs (requires sign permit per Section ...). 3. Temporary uses (requires temporary use permit per Section ...). D. Decision -Making Authority. Site development permits shall be processed administratively by the Community Development Director per Subsection ... unless the Director determines on a case -by - case basis that the public interest would be better served by a public hearing before the Planning Commission. In such cases, the site development permit shall be processed pursuant to the public hearing requirements of Section .... E. Precise Development Plan. Upon approval, a site development permit constitutes a precise development plan. Therefore, all development authorized under a site development permit and any land uses associated with the development shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. LQZC.............................................................................................................................................................................................. 15 DISCRETIONAR Y PERMITS ............................................................................................................................. [Draft: 31101951 F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of any site development permit: 1. Consistency with General Plan. The project is consistent with the General Plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. G. Appeals. Appeals to decisions on site development permits shall be reviewed pursuant to Section .... H. Expiration and Time Extensions. The period of validity for establishment of a site development permit is one year from its effective date as defined in Section .... Time extensions may be granted pursuant to Section .... I. Amendments. Amendments to site development permits shall be processed pursuant to Section J. Staff Certification of Construction Documents. Prior to issuance of a building permit, the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the site development permit. 9.220.030 Conditional Use Permits and Minor Use Permits. A. Purpose. The purpose of a conditional use or minor use permit is to provide for individual approval or denial of land uses requiring such a permit under Section .... Such uses have potential for adverse impacts on surrounding properties, residents, or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. For purposes of this Section, the term "use permit" means both conditional use and minor use permits. B. Applicability. A conditional use permit or a minor use permit is required for all land uses identified as requiring such a permit in Sections ... and .... LQZC............................... .............................................. ....... ................. 16 DISCRETIONARYPERMITS............................................................................................................................. [Draft: 3110195] C. Decision -Making Authority. Conditional use permits shall be reviewed by the Planning Commission in conjunction with a public hearing held pursuant to Section .... Minor use permits shall be processed administratively by the Planning and Development Director pursuant to Subsection ... unless the Director determines on a case -by -case basis that the public interest would be better served by a public hearing before the Planning Commission. D. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications, and conditions of approval shown on and/or attached to the permit at all times. E. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of any use permit: 1. Consistency with General Plan. The land use is consistent with the General Plan. 2. Consistency with Zoning Code. The use is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. F. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section .... G. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the use pursuant to Section..., and/or may establish an expiration date on the use permit itself. Time extensions may be granted pursuant to Section .... H. Amendments. Amendments to use permits shall be processed pursuant to Section .... I. Staff Certification of Construction Documents. If development is provided for under a use permit, prior to issuance of a building permit the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the use permit. 9.220.040 Variances. A. Purpose. The purpose of a variance permit is to provide for deviations from applicable standards LQZC.............................................•----....---------..........................----------........---....--------------------------.....-....---......------------------------------. 17 DISCRETIONARYPERMITS ........................................................................................................................ [Draft: 3110195] of this Zoning Code such as the development standards set forth in Sections ... and .... B. Applicability. A variance permit is required for any development which is not consistent with the site development standards of Sections ... or other regulations of this Code and which is not eligible for consideration as a minor adjustment pursuant to Section .... C. Decision -Making Authority. Variances shall be reviewed by the Planning Commission in conjunction with a public hearing held pursuant to Section .... D. Conditions of Approval. If a variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a variance permit constitutes a precise development plan. Therefore, any development or other activity authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of a variance permit: 1. Consistency with General Plan. The variance is consistent with the General Plan. 2. Consistency with Zoning Code. The variance is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. 5. Special Circumstances. There are special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. The special circumstances shall be specified in the adopted finding. 6. Preservation of Property Rights. The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property. LQZC---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 18 DISCRETIONARYPERMITS............................................................................................................................... [Draft: 316195] 7. No Special Privileges. The variance permit's required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations. 8. No Land Use Variance. The approval does not authorize a land use or activity which is not permitted in the applicable zoning district. G. Parking Variances. Notwithstanding Subsection F of this Section, a variance from the parking regulations of Section ... to allow a portion of the number of required parking spaces for a nonresidential development to be located offsite or to allow in -lieu fees or facilities to be provided in place of the required parking spaces may be approved if the decision -making authority finds that both of the following conditions have been met: 1. The variance will be an incentive to and a benefit for the nonresidential development. 2. The variance will facilitate access to the nonresidential development by patrons of public transit facilities. H. Appeals. Appeals to decisions on variances shall be reviewed pursuant to Section .... I. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the variance permit pursuant to Section .... Time extensions may be granted pursuant to Section .... J. Amendments. Amendments to variance permits shall be processed pursuant to Section .... K. Staff Certification of Construction Documents. If development is provided for under the variance permit, prior to issuance of a building permit the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the variance. 9.220.050 Minor Adjustments. A. Purpose. The purpose of a minor adjustment permit is to provide for minor deviations from certain specific development standards set forth in this Code. Minor adjustments have little or no potential for adverse impacts on the surrounding community and are reviewed administratively. B. Applicability. A minor adjustment permit may be approved only for deviations specifically identifed in the applicable section of this Code. Deviations not so identified shall require consideration of a variance pursuant to Section LQzC.............................................................................................................................................................................................. 19 DISCRETIONARYPERMITS................................................................................................................................ [Draft: 316195] C. Decision -Making Authority. Minor adjustments shall be reviewed administratively by the Director pursuant to Section ... unless referred to the Planning Commission by the Director pursuant to Section ... or combined with another application which requires discretionary review by the Planning Commission or City Council pursuant to Section .... D. Conditions of Approval. If a minor adjustment is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a minor adjustment permit constitutes a precise development plan. Therefore, any development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of any minor adjustment permit: 1. Consistency with General Plan. The project is consistent with the General Plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. 5. Public Benefit. The adjustment will result in an equivalent or better development in terms of adverse impacts and/or public benefits to other properties or land uses in the vicinity. LQZC.............................................................................................................................................................................................. 20 DI.SCREVONARY PERMITS................................................................................................................................ [Draft: 316195] G. Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant to Section .... H. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the minor adjustment permit pursuant to Section .... Time extensions may be granted pursuant to Section .... I. Amendments to Minor Adjustment Permits. Amendments to minor adjustments shall be processed pursuant to Section .... J. .Staff Certification of Construction Documents. Prior to issuance of a building permit, the Director shall certify that final co,,-'-iction documents conform to preliminary plans (schematic elevations, preliminary site and Ian _ _t,,; plans, etc.) approved as part of the adjustment. 9.220.060 Temporary Use Permits. [Ed. Note: As an alternative to having this separate section to control temporary uses, these requirements could be folded into the minor use permit section and temporary uses handled via an MUP... J A. Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents, and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment of the use. B. Applicability. A temporary use permit is required for temporary uses permitted under Chapters ... of this Code. In cases where it is not immediately apparent if a use is eligible for consideration as a temporary use, the Director shall decide. C. Decision -Making Authority. Temporary use permits shall be reviewed administratively by the Director pursuant to Section ... unless referred to the Planning Commission by the Director pursuant to Section .... D. Conditions of Approval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a temporary use permit constitutes a precise development plan. Therefore, any use or development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been made if the Director determines that the standards set forth in the applicable Section of this Code specifying regulations for the use have been satisfied. For example, Sections ... set standards for special outdoor events and model home complexes, respectively If no standards are specified, the Director shall establish such standards as conditions of approval for the particular temporary use .......... _... 21 cQzC.............................................................................................................................................................................. DISCRETIONARYPERMITS............................................................................................................................... [Draft: 316195] proposed. 9.220.070 Home Occupation Permits. A. Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. Regulations for home occupations are set forth in Section .... B. Applicability. A home occupation permit is required for home occupations conducted within a residence which are accessory to the main residential use of the dwelling and which are permitted pursuant to Section .... In cases where it is not immediately apparent if a use is eligible for consideration as a home occupation, the Director shall decide. C. Decision -Making Authority. Home Occupation permits shall be reviewed administratively by the ................ pursuant to Section ... unless referred to the Planning Commission pursuant to Section D. Conditions of Approval. If a home occupation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Compliance with Permit. Any use or activity authorized under a home occupation permit shall be in compliance with the specifications and conditions of approval shown on and/or attached to the approved permit. Failure to comply with such specifications and conditions of approval may result in revocation of the permit. F. Required Findings. Findings required for approval of a home occupation permit shall be deemed to have been made if the ............. determines that the standards set forth in Section ... for home occupations have been satisfied. 9.220.030 Grading Permits. A. Grading Code. Grading and excavation operations are permitted in all districts in compliance with the regulations of the City's Grading Code. B. Site Development Permit. In addition to the requirements of the Grading Code, grading and excavation operations are subject- to the approval of a site development permit per Section ..., except for the following: When such operations involve the extraction or relocation of less than 5,000 cubic yards. The total number of cubic yards shall be the larger of cut, including any export, or fill, including any import. LQZC............................................................ .... 22 DISCRETIONARYPERMITS................................................................................................................................ [Draft: 316195] 2. Grading and excavation conducted in compliance with an approved tentative map or conditional use permit. 3. Grading and excavation conducted in compliance with a building permit when limited to the area within the perimeter (footprint) of the structure, e.g., basement or foundation. 4. Emergency grading to correct damage resulting from recent acts of nature. 9.220.090 Sign Permits. Signs shall be regulated and sign permits processed in accordance with Section .... 9.220.100 Certificates of Occupancy. A. Terminology. For purposes of this Zoning Code, "certificate of occupancy" shall mean the same as "certificate of use and occupancy". B. Certificate Required. No vacant land shall hereafter be occupied or used, except for the open space uses allowed in the OS District per Section ..., and no building hereafter erected, structurally altered or moved and no building previously posted as uninhabitable shall be occupied or used until a certificate of occupancy has been issued therefor by the Director. C. Application to Occupy Building. Application for a certificate of occupancy for a new building or for an existing building which has been altered, moved, or previously posted as uninhabitable shall be made in compliance with the provisions of the Uniform Building Code as adopted by the City Council. D. Administration. No certificate of occupancy shall be issued until the Director finds that the building or proposed use of the building or land complies with all applicable zoning regulations and with the conditions and requirements of any applicable discretionary permit. A record of all certificates of occupancy shall be kept on file permanently in the Planning and Development Department and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. LQZC.............................................................................................................................................................................................. 23 CHAPTER 9.230: ZONE CHANGES AND CODE AMENDMENTS Sections: 9.230.010 Zone Changes and Prezoning ............................ 24 9.230.020 Zoning Code Text Amendments .......................... 25 9.230.010 Zone Changes and Prezoning. A. Purpose. A zone change is a discretionary action by the City Council to change the zone designation of a property or properties on the Official Zoning Map. A prezoning is the zoning of property outside the City's boundaries in anticipation of annexation into the City. For purposes of this Code, prezonings are included within the term "zone change". B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65853 et seq of the state Government Code and that such provisions shall be so construed. C. PT rho May Apply: 1. The owner of property or the owner's agent (with notarized authorization from the owner) may apply for a zone change. 2. The City Council may initiate consideration of a zone change. 3. The Planning Commission, by majority vote, may recommend that the City Council initiate consideration of a zone change. D. Review Procedures. 1. Zone changes shall be approved, approved with modifications, or denied by ordinance of the City Council after receipt of testimony at a public hearing held pursuant to Section .... 2. Prior to City Council review, the Planning Commission shall hold a public hearing, review the application, and forward a recommendation to the Council. 3. If the Council contemplates a modification to the application not previously considered by the Planning Commission, the proposed modification shall be referred to the Planning Commission for report back to Council. A public hearing shall not be required for such Planning Commission review. E. Required Findings. The following findings shall be made by the City Council prior to approval of any zone change: 1. Consistency with General Plan. The zone change is consistent with the goals, objectives, and LQZC.............................. :............................................................................................................................................................... 24 ZONE CHANGES AND CODE AMENDMENTS............................................................................................ [Draft: 316195] policies of the General Plan. 2. Public Welfare. Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. 9.230.020 Zoning Code Text Amendments. A. Purpose. A zoning code amendment is a discretionary action by the City Council to change the text and/or graphics within this Zoning Code. B. Applicable State Law. It is intended that the provisions of this Section regarding shall be fully consistent and in full compliance with Section 65853 et seq of the state Government Code and that such provisions shall be so construed. C. Who May Apply. A code amendment may be initiated by the City Council. In addition, the Planning Commission, by majority vote, may recommend that the City Council initiate a code amendment. D. Review Procedures and Findings. Code amendments shall be reviewed under the same procedures and required findings as zone changes, as set forth in Section .... LQZC.............................................................................................................................................................................................. 25 CHAPTER 9.240: GENERAL PLAN AMENDMENTS 9.240.010 Application and Referral. A. Purpose. A general plan amendment is a discretionary action by the City Council to change the text of the General Plan or any map or diagram of the General Plan. B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65350 et seq of the state Government Code and that such provisions shall be so construed. C. YYho May Apply: The owner of property or the owner's agent (with notarized authorization from the owner) may apply for a general plan amendment. 2. The City Council may initiate consideration of a general plan amendment. 3. The Planning Commission, by majority vote, may recommend that the City Council initiate consideration of a general plan amendment. D. Referral of Proposed Amendments. Proposed general plan amendments shall be referred to the persons and agencies specified in Section 65352 of the state Government Code. E. Frequency of General Plan Amendment. 1. General Plan elements specified as mandatory in the state Government Code shall be amended no more than four times during each calendar year. Each amendment may include more than one change to the General Plan. 2. The limitation on frequency of amendments to the General Plan set forth in Subsection E.1. of this Section does not apply to residential development projects with at least 25 percent of the dwelling units to be occupied by persons or families of low or moderate income. 9.240.020 Review Procedures and Findings. A. Review Procedures. 1. General plan amendments shall be approved, approved with modifications, or denied by resolution of the City Council after receipt of testimony at a public hearing held pursuant to Section .... Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the Council. 2. Prior to City Council review, the Planning Commission shall hold a public hearing, review the application, and forward a recommendation to the Council. 3. If the Council contemplates a modification to the application not previously considered by the GENERALPLAN AMENDMENTS................................................................................................................... [Draft: 316195] Planning Commission, the proposed modification shall be referred to the Commission for report back to Council. A public hearing shall not be required for such Commission review. B. Required Findings. The following findings shall be made by the City Council prior to the approval of a general plan amendment: Internal General Plan Consistency. The amendment is internally consistent with those goals, objectives, and policies of the General Plan which are not being amended. 2. Public Welfare. Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. LQZC.............................................................................................................................................................................................. 27 CHAPTER 9.250: SPECIFIC PLANS 9.250.010 Specific Plan Review. A. Purpose. A specific plan is a detailed plan covering a selected area of the City for the purpose of implementation of the General Plan. B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65450 et seq of the state Government Code and that such provisions shall be so construed. C. Who May Apply. A specific plan or specific plan amendment application may be initiated by the City Council, by the owner of property proposed for amendment, or by the owner's agent (with written notarized authorization from the owner). In addition, the Planning Commission, by majority vote, may recommend that the City Council initiate consideration of a specific plan or specific plan amendment. D. Review Procedures. Specific plans shall be prepared, adopted, and amended in the same manner as the General Plan, except that a specific plan may be adopted either by resolution or ordinance. E. Required Findings. The following findings shall be made by the City Council prior to approval of any specific plan or specific plan amendment: Consistency with General Plan. The plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. Approval of the plan or amendment will not create conditions materially detrimental to the public health, safety and general welfare. CHAPTER 9.260: OTHER DISCRETIONARY ACTIONS 9.260.01.0 Subdivisions. Tract maps, parcel maps and related subdivision applications shall be processed in accordance with the City's Subdivision Code. 9.260.020 Development Agreements. Development agreements shall be prepared, reviewed, adopted, and maintained in accordance with Section 65864 of the state Government Code. 9.260.030 Environmental Review. A. Definition. "Environmental review" means all actions and procedures required of the City and of applicants by the California Environmental Quality Act ("CEQA" -- state Public Resources Code Section 21000 et seq), the CEQA Guidelines (Public Resources Code Section 15000 et seq), and local environmental procedures. B. Procedures. All discretionary applications shall be evaluated in compliance with CEQA the CEQA Guidelines, and the City's environmental review procedures to determine the proposal's potential impacts. Examples of potential impacts include but are not limited to: climate and air quality, soils, geology and seismicity, hydrology, biotic resources, archeology, paleontology and cultural resources, land use and zoning, traffic, noise, aesthetics, light and glare, health and safety, public services and utilities; and threatened or endangered species. CHAPTER 9.270: FEES 9.270.010 Administration of Fees. A. Filing Fees. A filing fee to defray the cost of processing and notification for each application for a discretionary permit or other discretionary action shall be paid by the property owner or the owner's authorized agent at the time the application is accepted. Such fees shall be as follows: - insert present fee schedule - B. Refunds. Whenever an application for a change of zone or for a permit or variance that requires a public hearing is terminated for any reason, upon request of the applicant a refund of a percentage of fees paid may be made by the Planning and Development Director in accordance with the following schedule. If any portion of the application fee has been paid out by the City to another jurisdiction or agency for services to be rendered in connection with the application, no refund of that portion of the fee shall. be made. 1. Application accepted by the Planning and Development Dept., fee not receipted ..... laP/a 2. Application accepted and fee receipted by department, but no processing begun ..... 90% 3. Application processed, but public hearing not advertised or noticed ............... 50% 4. Public hearing advertised or noticed but hearing not held ....................... 20% 5. Public hearing held by Planning Commission ................................ 0% C. Exemptions for Nonprofit Organizations. Nonprofit organizations are exempt from paying the fees charged for the processing of a special outdoor event application per Chapter .... For the purposes of this section, "nonprofit organization" means a corporation, association or other organization which is exempt from taxation under Section 501(C)(3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code, and which has received determination letters from the United States Internal Revenue Service and the California Franchise Tax Board confirming its exempt status under such Sections. Draft. 1013194 CHAPTER 9.280: NONCONFORMMES 9.280.010 Purpose ................................. 1 9.280.020 Definitions .............................. 1 9,280.030 Nonconforming Uses ........................ 2 9.280.040 Nonconforming Lots ........................ 3 9.280.050 Nonconforming Structures .................... 3 9.280.060 Plans Previously Approved ................... 3 9.280.070 Illegal Uses and Structures ................... 4 9.280.010 Purpose. The purpose of this Chapter is to promote the public health, safety, and general welfare by regulating land uses, lots, and structures which were lawfully established but which do not conform to the provisions of this Zoning Code. This Section is further intended to prevent the expansion of nonconforming uses and structures to the maximum extent feasible, to establish the criteria under which they may be continued, and to provide for the correction or removal of such nonconformities in an equitable and reasonable manner. 9.280.020 Definitions. For the purposes of this Chapter and this Code, certain words and terms shall be defined as follows: 1. Nonconformity: A land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this Zoning Code. The term nonconformity does not include illegal uses, lots, or structures which were not lawful when established or constructed. 2. Nonconforming Use: A land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. 3. Nonconforming Lot. A lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. 4. Nonconforming Structure: A structure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. 5. Intensity: The level of development or activity associated with a land use, as measured by 1 TABLE OF CONTENTS [Draft: 10112] CHAPTER 9.200: DISCRETIONARY REVIEW ....................... 1 9.200.010 Discretionary Actions ............................... 1 9.200.020 Discretionary Review Authority ........................ 1 9.200.030 Combined Applications .............................. 3 CHAPTER 9.210: GENERAL PERMITTING PROCEDURES ............. 4 9.210.010 General Provisions ................................. 4 9.210.020 Permit Applications ................................. 4 9.210.030 Review of Multiphase Projects ......................... 5 9.210.040 Action by Decision -Making Authority .................... 5 9.210.050 Time Limits on Processing Applications .................. 7 9.210.060 Permit Expiration and Time Extensions ................... 7 9.210.070 Modifications by Applicant ........................... 8 9.210.080 Amendments to Discretionary Permits .................... 8 9.210.090 Public Hearings ................................... 8 9.210.100 Appeals .................:....................... 9 9.210.110 Permit Revocation .................................. 11 CHAPTER 9.220: DISCRETIONARY PERMIT'S ...................... 13 9.220.010 Site Development Permits ............................ 13 9.220.020 Conditional Use Permits and Minor Use Permits ............ 14 9.220.030 Variances ........................................ 15 9.220.040 Minor Adjustments ................................. 17 9.220.050 Temporary Use Permits .............................. 19 9.220.060 Home Occupation Permits ............................ 19 9.220.070 Grading Permits ................................... 20 9.220.080 Sign Permits ...................................... 20 9.220.090 Certificates of Occupancy ............................ 21 CHAPTER 9.230: ZONE CHANGES AND CODE AMENDMENTS ........ 22 9.230.010 Zone Changes and Prezoning .......................... 22 9.230.020 Zoning Code Text Amendments ........................ 23 CHAPTER 9.240: GENERAL PLAN AMENDMENTS .................. 24 9.240.010 Application and Referral ............................. 24 9.240.020 Review Procedures and Findings ....................... 24 CHAPTER 9.250: SPECIFIC PLANS .............................. 26 9.250.010 Specific Plan Review ............................... 26 CHAPTER. 9.260: OTHER DISCRETIONARY ACTIONS ................ 27 9.260.010 Subdivisions ...................................... 27 9.260.020 Development Agreements ............................ 27 9.260.030 Environmental Review ............................... 27 CHAPTER 9.270: FEES ........................................ 28 9.270.010 Administration of Fees .............................. 28 NONCONFORMING USES, LOTS, AND STRUCTURES one or more of the following: [Draft: 10131 a. The amount of parking required for the use per Section .... 16. The operational characteristics of the use such as hours of operation, the inclusion of dancing or Hive entertainment as part of the use, or similar characteristics. c. The floor area occupied by the use. d. The percentage of the building site occupied by the use or by the structure containing the use. 9.280.030 Nonconforming Uses. A. Continuation of Nonconforming Use. A nonconforming use may be continued subject to the restrictions of this Section. B. Discontinued Nonconforming Uses. If the nonconforming use is discontinued for a period of one year, it shall not be reestablished and any new use of the premises shall conform to the applicable district regulations of this Code. C. Intensification of Nonconforming Uses. 1. A nonconforming nonresidential use shall not be increased in intensity. 2. A nonconforming residential use may be increased in intensity provided the intensification will not create or increase any nonconformity relating to setback, height, or any other development standard . (For example, a "granny flat" may be added to a single family detached dwelling in a district permitting only attached homes provided there is no new setback or other encroachment and all requirements pertaining to creation of second dwelling units are met.) D. Restoration of Nonconforming Use. A nonconforming use occupying a structure which is damaged or destroyed by fire, explosion, earthquake, or other disaster may be reestablished provided: 1. Restoration of the structure will not create or increase any nonconformity relating to setback, height, or any other development standard; and 2. Application for a building permit is submitted within one year of the damage or destruction and construction is commenced and completed under that permit without any lapses of or extensions to the permit. E. Change of Ownership. Changes in ownership, tenancy, proprietorship, or management of a nonconforming use shall not affect its nonconforming status provided that the use or the intensity of use does not change. 2 NONCONFORMING USES, LOTS, AND STRUCTURES 9.280.040 Nonconfonming Lots. [Draft: 10131 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. 9.280.050 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 A Iterations. 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. Nonresidential Structures. A nonconforming nonresidential structure which is damaged or partially destroyed by fire, explosion, earthquake, or other disaster to the extent of 50 percent or more of the replacement cost of the structure, as determined by the Director, shall not be restored except in conformity with all development standards and other regulations of this Zoning Code. 2. Determination of Replacement Cost. In determining the replacement cost of a structure, the Director may utilize City building permit records, contractor estimates, assessed valuation, and any other information deemed by the Director to be reflective of replacement cost. 3. Residential Structures. A nonconforming residential structure which is destroyed or damaged to any extent by fire, explosion, earthquake, or other disaster may be restored. 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. 9.280.060 Plans Previously Approved. Uses, lots, or structures approved prior to the effective date of this Zoning Code which are nonconforming under this Code may nevertheless be established, recorded, or constructed in accordance with approved plans or maps provided all other applicable laws are satisfied. NONCONFORMING USES, LOTS, AND STRUCTURES 9.280.070 lllegal Uses and Stmdures. [Draft: 10131 Nothing in this Chapter shall be construed so as to allow for the continuation of illegal land uses or structures, i.e. uses or structures which did not comply with the zoning ordinance(s) in effect when they were established. Such illegal uses or structures shall be subject to the enforcement provisions of Section ... and shall be removed immediately. 4 CHAPTER 9.U: CODE ENFORCEMENT 9.290.010 Purpose ................................. 1 9.290.020 Enforcement Responsibilities .................. 1 9.290.030 Inspection to Ensure Compliance ............... 1 9.290.040 Abatement of Violations ..................... 2 9.290.010 Purpose. The purpose of this Chapter is to ensure compliance with this Zoning Code. They shall apply to the enforcement of this Zoning Code but shall not be deemed to exclude other remedial measures. 9.290.020 Enfomement Responsibilities. A. Planning and Development Director. It shall be the duty of the Planning and Development Director, or the Director's designated agent, to enforce the provisions of this Zoning Code pertaining to the use of land and the erection, construction, reconstruction, moving, conversion or alteration of or addition to any building or structure. E. Health Officer. It shall be the duty of the health officer, or the officer's designated agent, to enforce the provisions of this Zoning Code pertaining to the use and maintenance of property, structures and buildings so far as matters of health are concerned. C. Police. It shall be the duty of the police chief, the police officers of the City, and all officers of the City otherwise charged with the enforcement of the law to enforce this Zoning Code. D. Other City Officers. All other officials, employees, agencies and departments of the City vested with the authority to issue permits, certificates or licenses shall comply with this Zoning Code and shall issue no permits, certificates or licenses in conflict with this Zoning Code. The issuing of a permit which is in conflict with applicable provisions of this Zoning Code shall not constitute a waiver of such provisions. 9.290.030 Inspection to Ensure Compliance. Whenever the Director suspects a violation of any provision of this Zoning Code, determines it necessary to investigate either an application for granting, extension or modification, or an action to suspend or revoke a discretionary permit, or determines it necessary to investigate an application for a discretionary permit or other approval, the Director or the Director's designated agents may, for the purpose of investigation: 1. Enter onto any land in accordance with Section 65105 of the state Government Code, provided that such entry does not interfere with the use of the land by those persons lawfully entitled to the possession thereof; or 2. Enter any building or structure after permission from the owner or occupant, provided the officials do so in a lawful manner. If the owner or occupant refuses to grant such permission, 1 CODE ENFORCEMENT (Draft: 10131 the Director may obtain a search warrant for entrance onto the premises. 9.290.040 Abatement of Violations. A. Violations to Constitute Misdemeanor. All violations of this Zoning Code committed by any person, whether as agent, employee, officer, principal or otherwise, shall be a misdemeanor. B. Prohibited Actions. Every person who knowingly provides false information on any type of zoning code related application or map filed with the Planning and Development Department shall be guilty of a misdemeanor. Every person who fails to stop work when so ordered by the Planning and Development Director because of an apparent violation of this Zoning Code shall be guilty of a misdemeanor. Every person who, having received notice to appear in court to answer a related charge, willfully fails to appear, shall be guilty of a misdemeanor. C. Penalties. A misdemeanor may be prosecuted .by the City in the name of the people of the state or may be redressed by civil action. Each violation is punishable by a fine or imprisonment as provided by state law. D. Each Violation a Separate Offense. Every person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which the violation is committed, continued or permitted by such person. E. Abatement of Public Nuisance. 1. Any building or structure erected, constructed, moved, altered or maintained and any use of property contrary to the provisions of this Zoning Code is hereby declared to be unlawful and a public nuisance, and any failure, refusal or neglect to obtain a permit as required by the terms of this Zoning Code shall be prima facie evidence of the fact that a public nuisance has been committed. 2. The City may commence an appropriate civil action to abate a public nuisance and to collect a civil penalty. Any civil action shall be preceded by a finding by the City Council, the Director, or the Director's designee that a violation of this Zoning Code has occurred.The civil penalty shall not exceed $250 for each day on which such violation occurs. In addition, the civil penalty for violation of an abatement order shall be $500. 3. The abatement of a public nuisance may be made at the expense of the owner of the property on which the nuisance is located. If the City abates the public nuisance, the costs of such abatement shall be charged to the owner of the premises involved. The Director may apply to the City Council to cause costs for such work to be paid and levied as a special assessment against the property and collected in the manner provided for special assessments. 2 CODE ENFORCEMENT [Draft: 1013] F. Injunction. This Zoning Code may also be enforced by injunction issued by the superior court upon suit by the City. G. Penn it Revocation. Failure to abide by and faithfully comply with any and all conditions that may be attached to the granting of any discretionary permit pursuant to the provisions of this Zoning Code shall constitute grounds for the revocation of the permit in accordance with Section .... H. Failure to Pay Fees or Obtain Permit. Failure to pay fees and obtain applicable permits shall be deemed a violation of this Zoning Code. Violation shall result in the assessment of double permit fees prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Zoning Code or from any other of the penalties prescribed in this Zoning Code. I. Remedies Cumulative. All of the remedies described in this Section shall be cumulative and not exclusive except when otherwise provided. 3 PH# 1 STAFF REPORT COMMUNITY DEVELOPMENT DIRECTORS HEARING DATE: JULY 11, 1995 CASE: PUBLIC USE PERMIT 95-016 APPLICANT: DESERT SANDS UNIFIED SCHOOL DISTRICT (DSUSD) REQUEST: APPROVAL TO CONSTRUCT DISTRICT EDUCATIONAL SERVICES CENTER WITH APPROXIMATELY 164,000 SO. FT. OF FLOOR SPACE LOCATION: NORTHEAST OF THE INTERSECTION OF DUNE PALMS ROAD AND 48TH AVENUE GENERAL PLAN LAND USE DESIGNATION: M/RC (MIXED REGIONAL COMMERCIAL) ZONING: R-2 8000 ENVIRONMENTAL DETERMINATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED AN INITIAL STUDY (EA 95-300) ON THE PROPOSED PROJECT AND DETERMINED THAT THERE ARE IMPACTS WHICH COULD BE SIGNIFICANT. MITIGATION MEASURES HAVE BEEN RECOMMENDED FOR THESE IMPACTS. A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT WITH MITIGATION IS HEREBY RECOMMENDED FOR ADOPTION. SURROUNDING ZONINGS/LAND USES: NORTH: C-P-S AND R-T/VACANT LAND AND MOBILE HOME PARK SOUTH: R-2 20,000/PD AND R-2 8,000/VACANT LAND (PART OF RANCHO LA QUINTA COUNTRY CLUB) AND VACANT LAND EAST: R-2 8000/VACANT LAND The proposed use is the new Administrative and Educational Services Center for the Desert Sands Unified School District. This facility would be relocated from its present STAFFRPT.038 location in Indio on Highway 111. The City of La Quinta Redevelopment Agency presently owns the land and would be selling it to the School District. The School District will construct their facility and lease -back to the City a small building and area in the facility, for the City Corporation and Transportation yard. The purchase and lease agreement will be formalized through a disposition and development agreement (DDA) to be approved by both the City Council Redevelopment Agency and School District. The City's zoning ordinance permits public institutions or uses such as this service center to be located on any parcel regardless of zoning and land use designations with a public use permit approval. The subject site is somewhat triangular in shape with approximately 24-1 /2 acres in area. To the west side of the property is the unimproved Dune Palms Road with unimproved 48th Avenue along the south boundary. The balance of the south and east boundary is bordered by the unimproved La Quinta Evacuation Storm Channel. To the north the land is vacant with the exception of an older mobile home park near Highway 111. The southern half of the parcel which the mobile home park sits on is presently vacant. The project, as proposed by the Desert Sands Unified School District (DSUSD), would consist of the district -wide operating facilities. These facilities would consist of Administration, Maintenance, Operation, Transportation, Warehousing, and Nutritional Services departments as well as the City of La Quinta's Public Works yard. Specifically, facilities of the School District would include truck and bus servicing, plumbing shop, air conditioning shop, painting shop, wood shop, electrical shop, welding shop, central kitchen, graphics, media center, special education, training center, administration, and School District Board meeting room. The proposed facility also indicates a day-care center. The facility would also be utilized for storage of all buses and School District vehicles. A retention basin of 1.6 acres would be provided at the northeasterly corner of the triangular -shaped parcel. The proposed project would consist of three buildings, two of which will be utilized by the School District while the third smaller building would be part of the City Public Works operations. The largest School District building (Building "A") which would be parallel to Dune Palms Road would be the main structure and consists of approximately 124,900 sq. ft. of floor space. Building "B" would be located east and behind Building "A" and consists of approximately 33, 460 sq. ft. Approximately 3,160 sq. ft. of this building will be utilized by the Public Works Department for office area. Building "C", which is the City Corporation building, will consist of approximately 3,950 sq. ft. of floor space plus attached additional covered parking. The project is proposed to be constructed in one phase with construction scheduled to start in late 1995 with completion scheduled for March, 1997. STAFFRPT.038 % The project is designed in a Spanish/Mediterranean architectural style with exterior materials consisting of stucco walls, some brick work, stone column bases, and a Spanish tile roof consisting of three colors. Glass is proposed to be a solar -cool bronze material. Doors and accent areas will be a teal color. With the exception of the northern end of Building "A", the project has been designed with the tile roof element facing public streets. The northern portion of Building "A" will be screened by an eight -foot high structural clay brick wall. There is some tile roof use in some other areas such as on the center of the back of Building "A", facing east and at the north east, north west corner of Building "B". All areas with a file roof have extensive overhangs for shade. Material colors are proposed to consist of a beige stucco with the brick work a light brown. The buildings vary in height from one to two -stories. Building "A", which is the main structure closest to Dune Palms Road, will have a second -story area located behind the Board meeting room which is located near the center of the building. The height of this portion of the structure will be approximately 30-feet. The balance of this building will vary from 18-feet in height to approximately 26-feet in height. Building "B" will have a small two-story area at the northwest corner of the structure which will be approximately 31-feet in height. The majority of the rest of the building will be 18-feet in height with the exception of the bus maintenance area which will be approximately 25-feet high. Building "C" which is the City Corporation building will be a one-story high structure with a tile roof element at the front facing west. The height of the building for the enclosed portion will be a maximum 25-feet high with the covered parking area of the building approximately 18-feet high. This building is proposed to be located along the easterly boundary of the site adjacent to the La Quinta Evacuation Channel. Due to the majority of the frontage being on Dune Palms Road, primary vehicular access is to this street. The front of the building has been oriented primarily to Dunes Palm Road. There is one public access on 48th Avenue as well as one on Dune Palms road. Two additional access points near the northern end of the site on Dune Palms Road will be provided for access for District delivery and employee vehicles. The visitor parking is provided near the intersection of Dune Palms Road and 48th Avenue with staff parking provided on Dune Palms Road closer to the northern property line. The project has been designed with vehicular security gating. This will allow limited authorized access to the area east of Building "A". Bus parking as well as District vehicle parking and some additional staff parking will be provided behind the gates. STAFFRPT.038 The City Corporation yard is located near the rear of the site and as such would utilize the same accesses as the District vehicles. As permitted by municipal code requirements, the applicant has provided off-street parking based on actual needs. The School District, at this facility employs approximately 250 employees, while the City presently employs 10 people who would occulpy the Corporation yard. This gives a total of 2.60 employees which would utilize the site at any one time. The School District indicates that a maximum 210 employees would use the site for parking vehicles, if they all came individually. That number along with the 10 for the City would total 220 vehicles maximum. The board room will contain seating for 400 visitors which would occur during Board meetings in the evening. Based on these numbers, approximately 620 spaces would be needed. The plans submitted indicate a total of 621 parking spaces. It should be noted that while the public parking area will not contain 400 parking spaces there will be additional parking available in the staff parking areas. Based on the known needs of the School District, the applicant's feel that they are providing adequate off-street parking. According to the applicant's calculations, they are providing approximately 193,000 sq. ft. of landscaping which amounts to approximately 4.4 acres. The majority of this landscaping is provided adjacent to 48th Avenue and Dune Palms Road. The setback along Dune Palms Road is 168-feet with the setback along 48th Avenue approximately 200-feet plus. The applicant has provided extensive landscaping within these setback areas. There is additional landscaping provided in the rear portions of the site in the areas around Building °B" and along the perimeters. The perimeter along 48th Avenue and Dune Palms Road is provided with extensive berming of the parking lot areas along with an eight -foot wide meandering sidewalk. Tree sizes vary from 15-gallons to approximately 36-inch box size with palm tree sizes varying from 6-feet high to 10-feet high. The landscaping material indicated on the plant pallet is extensively drought -tolerant and desert native materials. The staff has received comments from the Riverside County Sheriff's Department and Fire Department regarding the proposed project. Additionally, comments have been received) Coachella Valley Water District and Imperial Irrigation District. Copies of these comments are attached for your review. STAFFRPT.038 $� Chi The project has been designed to comply with applicable City requirements. The City feels that the location is acceptable for the proposed use. While the project could have environmental impacts, mitigation measures have been recommended which would reduce those impacts to an acceptable level. The project has been designed to be architecturally attractive with extensive landscaping. Findings to approve this Public Use Permit are: 1, The project has been designed for the protection for the public health, safety and welfare. 2. The project conforms with the logical development of the land and surrounding area. 3. The project complies with applicable City Zoning and General Plan requirements. 4. The project will be architecturally compatible with the surrounding land uses. RECOMMENDATION, Based on the findings above, staff recommends: 1. Adoption of Resolution 95-_, approving a Mitigated Negative Declaration of Environmental Impact. 2. Adoption of Minute Motion 95-_, approving Public Use Permit 95-016, subject to the attached conditions. Attachments: 1. Location Map 2. Comments from various City departments and outside agencies. 3. Supplemental information submitted by applicant 4. Environmental Assessment 5. Plans and Exhibits STAFFRPT.038 PLANNING COMMISSION RESOLUTION 95-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 95-300 PREPARED FOR PUBLIC USE PERMIT 95-016 ENVIRONMENTAL ASSESSMENT 95-300 DESERT SANDS UNTIED SCHOOL DISTRICT (DSUSD) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14 day of July, 1995, hold a duly noticed Public Hearing to consider the request of Desert Sands Unified School District (DSUSD) for a Public Use Permit to allow an Educational Services Center on the northeast side of the intersection of Dune Palms Road and 48th Avenue;, and, WHEREAS, said Public Use Permit 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 Initial Study Environmental Assessment 95-294; and, WHEREAS, the Community Development Director has determined that said Public Use Permit will not have a significant adverse effect on the environment due to mitigation requirements and that a Mitigated 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 certification of said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 3. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals. 4. The proposed project will not result in impacts which are individually limited or cumulatively considerable. #3Gs NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission for this Mitigated Negative Declaration of Environmental Impact. 2. That it does hereby recommend certification of Environmental Assessment 95- 300 with the adoption of a Mitigated Negative Declaration for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, labeled Exhibit "A" - EA, on file in the Community Development Department. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 1 Ith day of July 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY BERMAN, Community Development Director City of La Quinta, California v 07 PLANNING COMMISSION RESOLUTION 95- CON'DITIONS OF APPROVAL - RECOMMENDED PUBLIC USE PERMIT 95-016 - DESERT SANDS UNIFIED SCHOOL DISTRICT JULY 11, 1995 1. The development of this site shall be in conformance with exhibits approved and on file in the Community Development Department for Public Use Permit 95- 016, unless otherwise amended by the following conditions. 2. The approved Public Use Permit shall be used within one year after the Planning Commission Approval; otherwise it shall become null and void and have no effect whatsoever. "Be used" means the beginning of substantial construction which is allowed by this approval, not including grading which is to begun within one year and thereafter, diligently pursued to completion. A time extension as allowed by the municipal code of one year may be requested 30-days prior to the expiration date. 3. An exterior lighting plan for the building, parking lot and outdoor storage area shall be approved by the Community Development Department prior to issuance of the building permit. The exterior lights shall be down -shining lights without dropped lenses. Parking lot pole lighting shall be limited to a height of 25-feet unless allowed higher with the use of light shields. 4. All future expansion as shown approved site plan shall be reviewed and approved by the Community Development Department prior to issuance of a building permit. All additions shall be architecturally compatible with the existing structures. 5. Recycling bins and trash bins with enclosures shall be provided to the satisfaction of Waste Management of the Desert and the City of La Quinta. Verification of approval shall be granted to the City prior to construction of any trash enclosures. 6. The City shall retain a qualified archaeologist, with the developer to pay costs, to prepare a mitigation and monitoring plan for artifact location and recovery. Prior archaeological studies for this site as well as other unrecorded information, shall be analyzed prior to the preparation of the plan. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: 1) identify the means for digging test pits; 2) allow sharing the information CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 with the CVAS; and 3) provide for further testing if the preliminary results show significant materials are present. The final plan shall be submitted to the Community Development Department for final review and approval. Prior to the issuance of a grading permit, the developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. A list of the qualified archaeological monitor(s), cultural resources management firm employees, and any assistants)/representative(s) shall be submitted to the Community Development Department . The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail on the Community Development Department. The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby areas reasonably suspect to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recovery, the Developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Community Development Department. 7. Prior to issuance of building permit applicant shall obtain clearances from the following agencies: - Fire Marshal - Public Works Department (Grading Permit, Improvement Permit) - Community Development Department - Riverside Co. Environmental Health Department - Coachella Valley Water District - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) CONAPRVL.331 n PUBLIC USE PERMIT 9"16 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 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 approvals and signatures on the plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 8. 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. 9. Applicant shall apply with the mitigation monitoring plan for Public Use Permit 95-016, on file in the Community Development Department. 10. Prior to issuance of a grading permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions which must be satisfied prior to issuance of a grading permit. 11. Prior to issuance of a building permit, applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval which must be satisfied prior to issuance of a building permit. Prior to a final building inspection approval, the applicant shall prepare and submit a written report demonstrating compliance with all remaining conditions of approval and mitigation measures. The Community Development Director may require inspection or other monitoring to ensure such compliance. 12. The applicant shall pay the required Fringed -Toe Lizard Mitigation fee prior to issuance of the grading permit. 13. The applicant shall pay the required Arts In Public Places fee prior to issuance of a building permit. 14. Prior to occupation of the project site for construction or grading purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.10 of the La Quinta Municipal Code. In accordance with said Chapter, the applicant shall furnish security, in a form CONAPRVL.331 1 J PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. 15. Prior to installation of any on -site identification signs, said signs shall be reviewed and approved by the Community Development Department. 16. The developer shall submit to the Community Development Director a transportation demand management plan for review and approval to ensure compliance with Chapter 9.162 of the Municipal Code. A plan approved by the South Coast Air Quality Management District shall be deemed adequate to meet this requirement. 17. Chain -link fencing shall be color -coded. 18. That decorative paving as shown on site plan in the parking lot area shall be provided. 19. Final landscaping and irrigation plan shall be reviewed and approved by the Community Development Department prior to issuance of the building permit. Emitter or drip irrigation systems shall be utilized to the greatest extent possible. Landscaping shall comply with City of La Quinta Ordinance 220. 20. That final landscaping and irrigation plans shall be reviewed and approved by the Agricultural Commissioner and Coachella Valley Water District prior to issuance of a building permit. 21. That any required utility boxes, pads, meters, etc. shall be shown on the final landscaping plans to ensure that they are properly treated and screened. Compliance with utility company safety distance requirements shall be complied with. 22. All landscaping within perimeter street right-of-way shall be reviewed and approved by the Engineering Department prior to issuance of a building permit. 23. That a combination of berming and shrub planting shall be provided along Dune Palms Road and 48th Avenue to provide screening of the parking lot surface from adjacent streets. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 24. All requirements of the Coachella Valley Water District, as noted in their letter dated June 12, 1995, on file in the Community Development Department, shall be complied with. 25. All requirements of the Imperial Irrigation District, as noted in their letter dated May 31, 1995, on file in the Community Development Department, shall be complied with. 26. Provide or show there exists a water system capable of delivering 1500 gpm for a 2-hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. Fire flow is based on buildings being area separated and equipped with automatic fire sprinklers. 27. A combination of on -site and off -site Super fire hydrants, on a looped system (6" x 4" x 2-1 /2") will be located not less than 25' or more than 165' from any portion of the buildings as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants in the system. 28. Prior to the issuance of a building permit, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 29. Install a complete fire sprinkler system per NFPA 13 Ordinary Hazard Occupancy, Group I. The post indicator valve and fire department connection shall be located to the front within 50' of a hydrant, and a minimum of 25' from the building. 30. System plans must be submitted to the Fire Department for review, along with a plan/inspection fee. The approved plans, with Fire Department job card must be at the job site for all inspections. 31. If the building is used for high piled/rack storage, the building construction and fire sprinkler system must meet NFPA 231 C and Article 81 of the 1991 UFC. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 32. Install a manual pull, smoke detection and voice evacuation fire alarm system as required by the Uniform Building Code/Riverside County Fire Department and National Fire Protection Association Standards 72. 33. Install panic hardware exit signs as per Chapter 33 of the Uniform Building Code. 34. Applicant/developer shall be responsible for obtaining under ground/above ground tank permits from both the County Health and Fire Departments. 35. Install portable fire extinguisher's per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 36. Install a Hood/Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check/inspection fee, to the Fire Department for review. 37. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for the ordering of the key Switch, this form much be authorized and signed by this office for the correctly coded system to be purchased. 38. If the building/facility is protected with a fire alarm system or burglar alarm system, the lock boxes will require "tamper" monitoring. 39. If the facility requires Hazardous Materials Reporting (Material Safety Data sheets) the Knox Haz Mat Data and Key Storage Cabinet, Model 1220 or 1300 with tamper switches shall be used. 40. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a Knox Box over -ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices CONAPRVL.331 0t PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 16' with a minimum vertical clearance of 15'. 41. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. 42. Specific conditions for each occupancy group will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. 43. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 44. Applicant shall process a parcel map that divides the school district buildings from the City corporation yard and storm water retention. 45. All easements, rights of way and other property rights required of the development or otherwise necessary to facilitate the ultimate use of the property and functioning of improvements shall be granted or acquired prior to issuance of a grading permit. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties. 46. The applicant shall grant or acquire public 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. Approved deeds shall be executed and recorded prior to issuance of any encroachment, grading, or building permit. Required deeds and/or acquisitions include: CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 A. Dune Palms Road adjacent to the property to be developed - Right of way as indicated in Exhibits 1 and 2. B. Avenue 48 adjacent to the property to be developed - Primary Arterial - Half of 110-foot right of way. C. Off -site rights of way and/or easements are necessary for appropriate access to this development. The applicant shall enter an agreement with the City for acquisition of those rights. Rights of way shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, etc. 47. The applicant shall grant public. utility easements contiguous with and along both sides of all private streets. The easement widths, when added to street right of way, shall make available a 10-foot-wide strip, parallel with and outside of street improvements, for installation of utilities. 48. The applicant shall create setback areas or lots, of minimum width as noted (generally 20' in front of lots, 10' side, and 5' rear), adjacent to the following street rights of way: D. Dune Palms Road - 20 feet E. Avenue 48 - 20 feet Minimum widths may be used as average widths for meandering wall designs. 49. Street right of way geometry for cul-de-sacs, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 50. The applicant shall grant or acquire any easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 51. 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. CONAPRVL.331 r PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 52. Where sidewalks, bikepaths, and/or equestrian trails are required or contemplated, the applicant shall grant blanket easements over required landscape setbacks for those purposes. 53. The applicant shall vacate vehicle access rights to the following streets: Access to these streets shall be restricted to street intersections and approved access locations. 54. If the applicant desires to phase improvements and obligations required by the conditions of approval, a phasing plan shall be submitted to the Public Works Department for review and approval by the City Engineer. The applicant shall complete required improvements and satisfy obligations as set forth in the approved phasing plan. 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 sub -phasing plan is approved by the City Engineer. 55. 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 shall have signature blocks for the City Engineer and 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. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 56. The City may maintain digitized standard plans for elements of construction. For a fee established by City resolution, the developer may acquire the standard plan computer files or standard plan sheets prepared by the City. When final plans are approved by the City, the developer shall furnish accurate computer files of the complete, approved plans on storage media and in program format acceptable the City Engineer. 57. The applicant shall construct improvements and/or satisfy obligations, or shall provide security for said improvements and obligations prior to issuance of a grading permit. Improvements to be made or agreed to shall) include removal of any existing structures or obstructions which are not part of the proposed improvements. 58. If improvements are secured, the applicant shall provide approved estimates of the improvement costs. The estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not contained in the City's schedule of costs, 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. 59. The applicant shall ,pay cash or provide security in guarantee of cash payment for applicant's required share of future improvements to be constructed by others (deferred improvements). Deferred improvements for this development include: F. Traffic signal at Dune Palms and Avenue 48 - 15.31 % of the cost to design and construct. The applicant's obligations for all or a portion of the deferred 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. CONAPRVL.331 rA w., er � PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 60. Graded but 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. 61. The applicant shall comply with the City's flood protection ordinance. 62. A thorough preliminary engineering, geological and soils engineering investigation shall be conducted. The report of the investigation ("the soils report") shall be submitted with the grading plan. 63. 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. 64. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by development phase and lot number and shall be cumulative if the data is submitted at different times. 65. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained on site unless otherwise approved by the City Engineer. The tributary drainage area for which the developer is responsible shall extend to the centerline of adjacent public streets. 66. In design of retention facilities, the basin percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. A trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leach field CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 67. No fence or wall shall be constructed around retention basins except as approved by the Community Development Director and the City Engineer. 66. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 69. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow outlet and into the historic drainage relief route. 70. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 71. If any portion of the 100-year, 24-hour storm flow from this development is to be conveyed directly or indirectly to the Whitewater Storm Evacuation Channel or the La Quinta Evacuation Channel or will otherwise drain to water bodies subject to the NPDES, the applicant may be required to design and install first - flush storage, oil/water separation devices, or other screening or pretreatment method(s) to minimize the potential for conveyance of stormwater contamination to off -site locations. Drainage to off -site locations and methods of treatment or screening shall meet the approval of the City Engineer and CVWD. 72. All existing and proposed utilities within or immediately 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. 73. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 74. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to issuance of any grading or construction permit for this development, the development shall be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall design and construct street improvements as listed below. 75. Applicant shall provide a traffic study prepared by a registered traffic engineer for submittal to Caltrans to justify installation of the traffic signal at the Dune Palms Road/Highway 111 intersection. 76. Improvement plans for all on- and off -site streets and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard Drawings, and as approved by the City Engineer. Street pavement sections shall be based on a Caltrans design procedure 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"/4.5" Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" If the applicant proposes to construct a partial pavement section which will be subjected to traffic, the partial section shall be designed with the 20-year design strength. 77. Improvements shall include all appurtenances such as traffic signs, channelization markings, 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. CONAPRVL.331 PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 78. The City Engineer may require improvements extending beyond the boundaries of this development such as, but not limited to, installation or widening of primary access routes, 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. 79. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: G. OFF -SITE STREETS 1) Dune Palms Road (Primary Arterial) - Construction shall be in accordance with Exhibits 1, 2 and 3 and shall include improvement of the Avenue 48/Dune Palms intersection. Except for intersection improvements, construction of portions of the roadway beyond site boundaries shall be subject to compensation by the City or adjacent landowners as may be agreed to by the applicant and the City. 2) Avenue 48 (Primary Arterial) - Construct one half of 86-foot-wide improvement including 18-foot raised landscape median. If this development precedes the need for a landscape median on Avenue 48, as determined by the City, the applicant shall construct half -width street improvements along the property frontage. Half -width improvements shall include one 16-foot lane on the unimproved side of the road and provision of security for the applicant's share of future raised median. 3) Traffic Signal at Highway 111 and Dune Palms Road - Construction shall be subject to compensation by the City or adjacent landowners as may be agreed to by the applicant and the City. Main entry streets and drives, bus turnouts, acceleration/deceleration lanes, and/or other features contained in the approved construction plans may warrant additional street widths, raised medians or other mitigation measures as determined by the City Engineer. 80. Access points and turning movements of traffic shall be restricted as follows: CONAPRVL.331 t�r�� PUBLIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 H. Two access/egress drives on Dune Palms Road centered approximately 425 and 1,375 feet north of the current centerline intersection with Avenue 48 plus a third drive at the north end of this property. 1. One access/egress drive at the east end of this property's frontage on Avenue 48. Prior to occupancy of permanent buildings within the development, the applicant shall install traffic control devices and street name signs along access roads to those buildings. 81. The applicant shall provide landscape improvements in the landscape setbacks along Dune Palms and Avenue 48. 82. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians and common retention basins, shall be prepared by a licensed landscape architect. 83. Landscape and irrigation plans shall be approved by the Community Development Director. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 84. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 85. Slopes shall not exceed 3:1 in perimeter setbacks, medians and other publicly - or commonly -maintained landscape areas. 86. Unless otherwise approved by the City Engineer, common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. 87. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of aboveground utility structures. CONAPRVL.331 PU13LIC USE PERMIT 95-016 DESERT SANDS UNIFIED SCHOOL DISTRICT July 11, 1995 88. he applicant shall provide public transit amenities as required by Sunline Transit and/or the City Engineer. These amenities shall include, as a minimum, a bus turnout location and passenger waiting shelter along the following street(s): J. Dune Palms Road The precise location and character of the turnout and shelter shall be as determined by Sunline Transit and the City Engineer. 89. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 90. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have his or her agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings and certify compliance of all work with approved plans, specifications and applicable codes. 91. 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. CONAPRVL.331 i C--C- EXHIBI'1 ' � 3'=t-� I �- i -�- / ice-- / 3� • � i 58' P,cV E M �rrr li1� o7N ,�_ ERW = E'x,sr/JVG n IGHT 0 F 4/AY 55� PR+) 13 4' E- J 'PAYCME ` T PRA) z PkoPosF-D P. IGNT 0 r Ls 12 o° l N 3' r J J �S�IZ 2` I IZ I vAP�S I 1 � A Ij0' i Q m oz; a - ,+i w Ln' 1a- O-D - AYE 4's Hwy I f / pC7 R= Z5o� b' 134< k,le- tf:.5 R t� o� v 1\ rn LLI w7ocl. --TWO-- W PAC- ATTACHMENT,, Citrus Orchard (fallow) 7 7 777 '1 VT 11T of V� W� 1 1 °-1_ '-1_ '_1- ? ? -1 1 1 Native Desert Rancho La Quinta 19 a N a� Native Desert Scattered trash and debris Subject S' Avenue 48 CASE MAP NORTH CASE No. PUBLIC USE PERMIT 96-016 SCALE: DESERT $AND$ UNIFIED SCHOOL DISTRICT NTS ;� �� a, . z; �. [VERSIDE COUNTY ,RRY D. SMITH, SHERIFF May 23, 1995 City of La Quinta Planning Department 78r-495 Calle Tampico La Quinta, California ,12F Dean Mr. Sawa, Sheriff 82-695 DR. CARREON BLVD. • INDIO, CA 92201 • (619) 863-8990 Ua f MAY I t, 92253 Public Use Permit 95-016 The Sheriff's Department has no negative comment on this permit. Regarding sheriff's staffing, the project will not significantly impact the Sheriff's Department's ability to provide services. Regarding project design, all parking areas, entrances/exits and walkways should contain ample lighting which will deter criminal activity and provide a safer environment for all. The project entrance should also be well lighted with street addresses highly visible to aid any responding emergency vehicles in locating the facility. We appreciate the opportunity to comment on the project from the law enforcement point of view. Sincerely, LARItY SMITH, SHERIFF RONALD F. DYE, Captain Indio Station Commander (' G k) COACHELLA VALLEY POWER DIVISION 81-600 AVENUE 58 • P.O.BOX 1080 *LA QUINTA, CALIFORNIA 92253-1080 TELEPHONE (619) 398-5811 - FAX (619) 398-5848 IIDPD-DDC May 31, 1995 0 2 199 JtiN Mr. Stan Sawa ���-• i°� ",r•,T City of La Quinta ,t P P. O. Box 1504 La Quinta, CA 92253 Re: Public Use Permit 95-016 - Desert Sands Unified School District Educational Services Center - IID File No. 626 Dear Mr. Sawa: Review of the plans for the Educational Services Center has concluded it will impact electric service to the area. The cumulative impact of projects of this size increase the electrical demand on Imperial Irrigation District's (IID's) system. These demands impact existing facilities at peak loading periods, and result in the need for additional generation, transmission, substation, and distribution facilities. This added demand may also directly affect power rates in the IID's service area, possibly resulting in higher electric rates in future years. A Developer's Information Letter is enclosed which specifies IID's electrical requirements. We are also providing a copy of our letter dated March 17 to Gary Walker & Associates, the engineering firm hired by Desert Sands Unified School District. In this letter, we addressed some of the concerns we had related to the electrical service to this project. Please pass this information along to the applicant. Thanks for the opportunity to provide input. If you should have any comments or concerns, please contact me at (619) 398-5818 or John Salas at 398-5834. Sincerely, THOMAS F. LYONS, JR., P.E. Senior Engineer Enclosures rg A IIDPD-DDC Mr. Frederick Wolff, C.S.I. Gary Walker & Associates 1836 Patricia Avenue Simi Valley, CA 93065 March 17, 1995 SG RE: GWA #94-127, Desert Sands Educational Services Center N/O Avenue 48, E/O Dune Palms, La Quinta Dear Mr. Wolff: After reviewing the plans for the Educational Services Center, we felt it was necessary to provide you with feedback that will facilitate the development of your project. This feedback is provided below and on the plans themselves. 1. Point of connection to utility facilities. 2. Size and location of easement or rights -of -way. 3. Size and routing of customer provided conduits. To reiterate, the conduit routing depends on the final design. I have drawn a proposed conduit route on the enclosed prints. Our La Quinta Substation is located on the southwest comer of Jefferson and Avenue 48. We have a proposed conduit system running westerly from the substation along Avenue 48 to Dune Palms Road, then north to Highway 111. This duct bank system will consist of twelve 6" primary ducts, three 4" secondary ducts, and two 2" communication ducts. This system requires concrete encasement. The owner and/or developer will need to install this duct bank along the entire Dune Palms Road and Avenue 48 frontage. This duct bank system must also be installed under and east of the Coachella Valley Water District wash. Underground conduits need to be extended from the substation to the north side of Avenue 48. The owner and/or developer must pay line extension charges for the construction of an overhead line. This line will Mr. Frederick Wolff, C.S.I - 2 - March 17, 1995 extend from the substation conduit system to the duct bank system, on the east side of the wash. Based on this preliminary design, there will be two 6" conduits and one 4" conduit required inside this facility. We are also enclosing a set of specifications for our underground conduit installations and a Developer's Information Letter. The required easements will be 10' in width for the conduit systems and 15' in width in the area around the switch vaults. A 10' radius around the switch vaults must be clear of landscape vegetation for the safety of our personnel when operating and maintaining the switches. IID must have access at all times to our facilities. If any facilities are located within a secured area, provisions must be made to allow for 24-hour access. If the transformers are to be located in an area that is near vehicle traffic, protective posts must be installed. 4. Size and location of transformer pad and customer -provided pullboxes. 5. Approximate transformer type, KVA, percentage impedance, dimensions, and clearances. 6. Secondary voltage and phase. We will locate the transformer as close to the main panel as possible, normally within 25 feet. We generally size the transformer(s) to match the main panel. For a 5,000-amp main panel, we require a load calculation to obtain a suitably sized transformer. An option you may consider is to split the panel for the maintenance and operations building from the main panel, and have it served from a second transformer. This would allow you to reduce the size of the main panel. The location of the primary and secondary pullboxes will depend on the final design. We use wye-wye, 7200/12470, 277/480-volt transformers. Again, the size (in KVA) and percentage impedance will depend on the load calculations you provide. The 6' high transformer will sit on an 8' x 8' x 5" concrete pad. Code requires the transformer be at least 3' from any walls. We would like, however, a minimal clearance of 10' to allow for adequate transformer cooling. 7. Available short circuit current at transformer secondary. This depends on the size of the transformer. Generally, the current will range from 20,000 to 45,000 amperes for 1,000 and 2,500 kVA transformers, respectively. Mr. Frederick Wolff, C.S.I - 3 - March 17, 1995 Some general comments: a) For electrical panels rated 600 amps and above, please provide the manufacturer's diagrams to III) for approval before purchasing the panels. III) will not be responsible for costs incurred for panels purchased by the customer, but not approved by IID. b) The electrical panels will conform to the Electric Utility Service Equipment Requirements Committee (EUSERC). For example, the EUSERC maximum meter height is 72.5 inches above the floor, whereas, the diagram on plan E-3 shows that it may be approximately 80 inches above the concrete housekeeping pad. c) It is the customer's responsibility to install all conduits required to serve remote loads such as parking lot lights, irrigation timers, landscape lighting, fountain pumps, gate motors, etc. d) IID's requirement for bus bar current density is a maximum of 1,000 amperes per square inch. Bus bars having a higher current density design will not be accepted by IID. e) Any bus 800 amperes or greater will be solid bus bar, rather than wire. f) Any breaker, 1200 amperes or greater, must have GFI protection. If you have any questions about these specifications, please contact me at 398-5818 or John Salas at 398-5834. THOMAS F. LYONS, JR., P.E. Engineer, Senior TFL:rg enclosures cc: John Salas Tom King CORR95/DES-SAND Im Ri I IRRI ti COACHELLA VALLEY POWER DIVISION 81-600 AVENUE 58 • P.O.BOX 1080 *LA QUINTA, CALIFORNIA 92253-1080 TELEPHONE (619) 398.5811 • FAX (619) 398-5848 DEVELOPER'S INFORMATION LETTER (Effective September 15, 1994) As an Owner, Developer or Contractor involved in today's new residential and/or commercial developments, you are well aware of how timing can make the difference between the success or failure of any project. The importance of establishing and adhering to realistic construction schedules is equally as important to the success of that project, as is project funding. With current and projected demands for residential and commercial units within the service area of the Imperial Irrigation District (District), Developers establish a comprehensive development plan for the successful marketing of their project. The District, likewise, in order to provide electrical service in a timely manner to various projects, must also set schedules to keep pace with the demands for services. In that regard, the following information is provided as a guide to assist the Owner, Developer or Contractor in the planning and scheduling of his/her project(s). All of the general and specific requirements set forth in the "Project Service Schedule" must be followed in the sequence listed, therein. When underground facilities are to be included, the District will provide a complete set of underground duct, vault, transformer pad and riser pole system installation drawings and associated specifications for each project or project phase. It is the responsibility of the Owrer(s), Developer(s) or Contractor to provide and install the underground conduit and vault system complete, at the Owner's, Developer's or Contractor's expense, to and including any street lighting systems required by and approved by the City or County agency having jurisdiction in the project area. Lighting systems must be approved in advance of installation by both the County and the District within a County Service Area (CSA), and shall be designed by and included with the District's underground power system drawings. The District will provide an Underground Power Inspector during the actual installation of conduit and vault systems. Any request for inspections on a project must be scheduled with the District 48 hours prior to actual need. Failure on the part of the Owner(s), Developer(s) or Contractor, to schedule and/or obtain an inspection and approval for any portion of the lighting or underground power systems, may result in the total rejection of the newly installed systems. Developer's Letter -3- September 15, 1994 These guidelines, as provided by the District, herein, are not a guarantee expressed or implied that electrical service will be provided to a particular project or phase of said project, nor that electrical system designs or service will be provided within the time frame so stated or implied, herein. To eliminate any misunderstandings concerning the District's assumption of liability for personal injury or property damage prior to or following the completion of the underground duct and vault system by the Owner(s), Developer(s) or Contractor, please note the following: The Owner and/or Developer will be required to acknowledge, in writing, that the District assumes no responsibility for safety, maintenance, repair or corrections for any on -site or off -site electrical distribution system equipment or facilities until the system and facilities are occupied and energized by the District. The Owner(s), or Developer(s) will be required to sign and have notarized an Indemnification Statement prior to obtaining electrical power service for the development project. The person or persons executing the said statement are legally authorized by the Owner(s) and/or Developer(s) to enter into the Agreement and that same is binding on all parties having ownership of, or contractual interest in the land and/or development project. Please refer to EXHIBIT "A", sheet 8 of 8 of this informational letter for the standard recording form format required by the State of California for recordation in both Imperial and Riverside counties. The District's Indemnification Statement has been incorporated on this form for your convenience as well as notes relating to the required legal description of the site or project. (Vote that the property and/or the development's legal description may require more space than is provided on the form due to text size requirements per government code. Please refer to the legal description of the property or project site as EXHIBIT "A" and any associated maps or drawings as EXHIBIT "B." The following is a sample of a legal description that will fit into this format. THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 19, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED IN EXHIBIT "A' AND DELINEATED IN EXHIBIT "B," ATTACHED HERETO AND MADE A PART HEREOF. :......................................................................................... .......................................................... Developer's Letter -5- September 15, 1994 8. Graphic scales on all Auto -Cad drawings. 9. One hard copy of total connected electrical loads for each building style or floor plan. 10. All parcel map property corners or tract map boundary corners shall be tied to section or 1/4 section corners. 11. The following easement requirements shall be recorded on the title sheets of tract and/or applicable parcel maps within City limits. OWNER'S STATEMENT WE, HEREBY, OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT, AN EASEMENT OVER ALL PRIVATE STREETS SHOWN ON THIS MAP AND AN ADDITIONAL TEN (10) FEET IN WIDTH ON BOTH SIDES OF AND ADJACENT TO ALL PRIVATE STREETS AND/OR PUBLIC STREETS SHOWN ON THIS MAP FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, REPAIR, REPLACEMENT; AND REMOVAL OF ELECTRICAL LINES, WIRES, CABLES, DUCTS, SUPPORTS, FIXTURES, FACILITIES AND APPURTENANCES, WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE, OPERATION, AND EMERGENCY VEHICLES. CERTIFICATE OF ACCEPTANCE GOV. CODE SEC. 27281 I, HEREBY, CERTIFY THAT UNDER THE AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS OF THE IMPERIAL IRRIGATION DISTRICT, PER RESOLUTION NO. 15-90, DATED MARCH 22, 1990, THAT I ACCEPT ON BEHALF OF SAID DISTRICT, ITS SUCCESSORS OR ASSIGNS, THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACILITIES AS OFFERED, HEREIN. FlITTVII: _fflA SUPERINTENDENT, GENERAL COACHELLA VALLEY POWER DIVISION (( For Riverside County areas)) SUPERINTENDENT, GENERAL IID POWER CONSUMERS SERVICES (( For Imperial County areas)) P `� Developer's Letter -7- September 15, 1994 NOTE: Any changes made by the Applicant to the project that will require the District to make modifications or changes to the original design of the electrical facilities for the project will cause the project schedule to revert back to Item 2. PLEASE FORWARD ALL MAPS, AUTOCAD MEDIA AND CORRESPONDENCE TO: COACHELLA VALLEY AREA IMPERIAL IRRIGATION DISTRICT Date Issued: 81-600 Avenue 58 P.O. Box 1080 La Ouinta, California 92253-1080 Issued By: Telephone: (619) 398-5854 Section or Unit: Fax Number: (619) 391-5999 Received By: Owner, Developer and/or Agent IMPERIAL VALLEY AREA IMPERIAL IRRIGATION DISTRICT Date Issued:. 333 East Barioni P.O. Box 937 Imperial, California 92251-0937 Issued By: Telephone: (619) 339-9182 Section or Un Fax Number: (619) 339-9140 Received By: Owner, Developer and/or Agent ,- ,�) M. tl " r` `m �4 T DESERT SANDS UNIFII~i7 SCHOOL DISTRICT Fe�ruargl 1, 1.995 ' EDUCATIONAL SERVICES CENTER AREA SUMMATION 1. ,. BOARD ROOM/SUPERiNTENDENT ................... 2: PERSONNEL SERVICES ........................... 4,188 sJ. (2) A. PERSONNEL SERVICES ................ 3,629 s.f. B. SECURITY ........................... 559 s.#. 3. EDUCATIONAL SERVICES ......................... 25,980 s f. A. ADMINISTRATION ...................... 1;731 sf. (3) B. SPECIAL PROGRAMS ................... 3,583 sf. (3) C. STATE & FEDERAL PROJECTS (S.F.P.O.) .... 3.373 sf. (3) D. CHILD WELFARE & ATTENDANCE (C-W.A.) • • - 1,218 s f. (4) E. SPECIAL. EDUCATION ................... 3,6M s.f- (5) F. ED. TECH.RRAINING/BROADCASTING ...... 5;298 s.f. (5) G. MEDIA CENTER ........................ 2,713 s.f. (6) H. GRAPHICS ............................ 4,456 sf. (6) 4. BUSINESS SERVICES ..... • . • .....................7,363 s.f. (7) A. ADMINISTM11ON ......................1.889 s f. e. FISCAL. SERVICES . .....................3,585 s f- C. FACIUTIESIACQUISiTIONICONSTRUCTiON - - - 1,889 s.f. 5. OPERATIONS ............................ 85,939 s.f. 1,60 s f. (a) A. ADMINISTRATION .................... B. PURCHASING ......... • .. • .......... 1;812 s.f. (8) C. WAREHOUSE ......... • ............. 35,749 s f. (9) D. SECURED -RECORDS STORAGE ......... 1,053 s.f. (9) E. FOOD SERVICES .• ........... ....... 15,488 s.f. (10) F. TRANSPORTATION ..... _ .......... 9,645 s.f. (11) G. MAINTENANCE & OPERATIONS ......... 20,652 sf. (12) SUB -TOTAL. 129,803 s.f_ 6. COMMUNITY SPACE .......................... 7,936 ,- f. A. INTER AGENCY SERVICES .............. 5,567 s.f. (13) B. DAY CARE CENTER ................... 2,369 s.f. (14) SUB -TOTAL 137,739 s.f. 7. OTHER ...................................... 17,469 s.f. (15) A. TOILET OUSTODiAL ................... 4016 s.f. B. CIRCULATIONIELECTRICAL .............. 15,453 s f. SUB -TOTAL 155,208 sf. 8. CITY OF LA QUINTA PUBLIC WORKS ................ 8,%0 s.f. (16) A. OFFICES . . .... . ....................... 3,160 s.f. B. MAINTENANCE YARD -BUILDINGS ........... 5,800 s-f- (3116 0 -'If• e TOTAL AREA ......................................... 164,168 s f. INITIAL STUDY - ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 95-300 Prepared for: Public Use Permit 95-016 Desert Sands Unified School District Educational Services Center and City Corporate Yard, La Quints, California Prepared by: City of La Quints Community Development Department 78-495 Calle Tampico La Quints, California 92253 June 9,1995 2 TABLE OF CONTENTS Section Page 1 INTRODUCTION 4 1.1 Overview of the Proposed Project 4 1.2 Purpose of Initial Study 4 1.3 Background of Environmental Review 4 1.4 Summary of Preliminary Environmental Review 5 2 PROJECT DESCRIPTION 5 2.1 Project Location and Environmental Setting 5 2.2 Physical Characteristics 5 2.3 Operational Characteristics 5 2.4 Objectives 6 2.5 Discretionary Actions 6 2.6 Related Projects 6 3 ENVIRONMENTAL ANALYSIS 6 3.1 Land Use and Planning 7 3.2 Population and Housing 8 3.3 Earth Resources 10 3.4 Water 12 3.5 Air Quality 15 3.6 Transportation/Circulation 19 3.7 Biological Resources 21 3.8 Energy and Mineral Resources 24 3.9 Risk of Upset/Human Health 24 3.10 Noise 26 3.11 Public Services 27 3.12 Utilities 29 3.13 Aesthetics 31 3.14 Cultural Resources 32 3.15 Recreation 34 MANDATORY FINDINGS OF SIGNIFICANCE 35 EARLIER ANALYSES 35 4E.4I 2 SECTION 1: INTRODUCTION 1.1 OVERVIEW OF THE PROPOSED PROJECT The purpose of this Initial Study is to identify the potential environmental impacts of the proposed acquisition and development of 24.5 acres of land located at the northeast comer of the intersection of Dune Palms Road and Avenue 48. The future address of the project will be 47-950 Dune Palms Road. The parcel is located in the northeastern section of the City. The Desert Sands Unified School District is the project applicant. The project is the proposed new Administrative and Educational Services Center for the District. In addition, a portion of the project area will be leased by the City of La Quinta for use as the City corp. yard. The City of La Quinta owns the property and is proposing to sell the property to the Desert Sands Unified School District for a nominal fee. In return, the school district will construct and lease back to the City a small portion of the project site for use as the City Corp. Yard. The purchase and lease will be formalized through a Disposition and Development Agreement (DDA) to be approved by both the City Council and the School District. The City of La Quinta is the Lead Agency for the project review, as defined by Section 21067 of the California Environmental Quality Act (CEQA). 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 approve the proposed development. 1.2 PURPOSE OF INITIAL STUDY As part of the environmental review for the land acquisition, 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 proposed acquisition and development of the land. 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 and environmental impact report (EIR) or a negative declaration for the acquisition and future development; • To enable the applicant or the City of La Quinta to modify the project, mitigating adverse acts before an EIR is prepared, thereby enabling the project to qualify for a mitigated negative declaration of environmental impact; • To assist the preparation of an EM, 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; e�4 2 To eliminate unnecessary EIR's; and, To determine whether a previously prepared E1R could be used with the project. 1.3 BACKGROUND OF ENVIRONMENTAL REVIEW The proposed project was deemed subject to the environmental review requirements of CEQA in light of the proposed development by the School District. The Environmental Officer for the Community Development Department prepared this Initial Study and addendum for review and certification by the Planning Commission for the City of La Quinta. 1.4 SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT This initial study indicates that there is a potential for adverse environmental impacts on some of the issue areas contained in the Environmental Checklist. Mitigation measures have been recommended in a Mitigation Monitoring Plan (MMP) which will reduce potential impacts to insignificant levels. As a result, a Negative Declaration of Environmental Impact will be recommended for this project. An EIR will not be necessary. SECTION 2: PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING The City of La Quanta 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 lands to the south. The City of La Quinta was incorporated in 1982. 2.2 PHYSICAL CHARACTERISTICS The proposed development site will consist of a 24.5 acre Educational Services Center composed of maintenance, operations, transportation, warehousing, nutritional services, and the City of La Quinta's Public Works Yard. The project will be financed with public sources of funds. 2.3 OPERATIONAL CHARACTERISTICS The Educational Services Center will fimction as an administrative and operational headquarters for the School District, and a portion of the project will function as the City's Public Works Yard. 0 4�� M 2.4 OBJECTIVES The objectives of the proposed development is to (1) create a clustered administrative and operational headquarters campus for the Desert Sands Unified School District; and, (2) create a city corp. yard for the Public Works Department of the City of La Quinta. The City will lease from the School District that portion of the site that will serve as the corp. yard, under a mutually beneficial arrangement. 2.5 DISCRETIONARY ACTIONS A discretionary action is an action taken by a government agency (for this project, the government agency is the City Council for the City of La Quinta) that calls for the exercise of judgment in deciding whether to approve a project. The proposed project will require discretionary approval from the City Council for the following: • Approval of a Public Use Permit for the project. • Certification of the environmental assessment and determination for the project. 2.6 RELATED PROJECTS There 'are no related projects to the proposed school district project SECTION 3: ENVIRONMENTAL ASSESSMENT This section analyzes the potential environmental impacts associated with the development of the Educational Services Center. 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). 7 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. Topographical 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 Mountains, the Santa Rosa Mountains, the Orocopia Mountains, and the San Bernardino Mountain range. The San Andreas fault transects the northeastern edge of the valley. Local Environmental Setting The proposed project site is located east of Dune Palms Road, and north of Avenue 48, on a triangular shaped parcel that is bounded on the southeast by the La Quinta Evacuation Channel. The land is vacant, undeveloped, sand dune environment. The sand dunes are stable dunes with mesquite substructures. There has been some disturbance of the site by off -road vehicles and garbage dumping. A. Would the project conflict with the general plan designation or zoning? No Impact. The parcel is zoned R-2-8,000 (Multiple Family Residential, with a minimum Jot size of 8,000 square feet), and designated as Mixed/Regional Commercial (M/RC) on the General Plan. The City's Zoning Ordinance permits public institutions such as the Educational Service Center to be located on any parcel regardless of zoning or land use designations. Thus, there is no identifiable conflict concerning this issue. B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? No Impact. The City of La Quinta has jurisdiction over this project. The primary environmental plans and policies related to development on site are identified in La Quinta's General Plan and the Master Environmental Assessment for the City. The property involved in the proposed project is located within Redevelopment Area #2 which includes all of the northern sector of the City. The redevelopment plan for the area relies upon the General Plan to indicate the location and extent of permitted development. As a result, the future development plans for the property are consistent with the adopted Redevelopment Plan. The development envisioned for this property will not exceed the development standards contained in the City's General Plan and Zoning Ordinance. C. Would the project affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? No Impact. No agricultural lands are located on the site. The La Quinta General Plan does not contain an agricultural land use designation although there are agricultural land 3 4.5 8 uses existing in the south and southeastern portion of the City. Historically, there has been some farming activity in the northern section of the City. The property involved in this project does not appear to have been disturbed by any type of farming activity. There are no existing agricultural producing activities within or adjacent to the proposed project site. Thus, no impact on agricultural resources or operations will result from the proposed project. (Sources: La Quinta General Plan; Zoning Ordinance; Site Survey) D. Would the project disrupt or divide the physical arrangement of an established community (including a low-income minority community)? No impact. The project site will be developed with office and maintenance buildings as permitted by an approved public use permit by the City's General Plan. The nearest residential land uses are located to the north and east of the parcels. The future development of the parcel will not disrupt or divide this community. The future development will not affect the physical arrangement of existing neighborhoods or other types of developments in the northeastern sector of La Quinta. (Sources: Site Survey; Proposed Site Plan) 3.2 POPULATION AND HOUSING Regional Environmental Setting Between 1980 and 1990, the population of La Quinta expanded 125%, as reported by the U.S. Census, making it the second fastest growing city in the Coachella Valley. The number of city residents blossomed from 4,992 to 11, 215. La Quinta's share of the entire valley population increased from 3.7% in 1980 to 5.1% in 1990. These figures are based upon information provided by the U.S. Census Bureau, the State Department of Finance, and the Coachella Valley Association of Governments (CVAG). The City's population as of January, 1994, is estimated by the State Department of Finance to be 16,634 persons. This is an increase of 208% in the last ten years. In addition to permanent residents, the City has approximately 8,000 seasonal residents who spend three to six months in the City. It is estimated that 30% of all housing units in the City are used by seasonal residents. The average occupancy is 2.5 person per unit. The housing stock as of 1993 is listed at 7,755 single family units, 481 multi -family units, and 247 mobile homes, for a total of 8,483 units. Ethnicity information from the 1980 Census, for the area that is now the City of La Quinta revealed that 80.8% of the La Quinta resident population as caucasian, 14.7% as Hispanic, 2.3% as Afro=American, 1.1% as Asian, and .5% as Native American. The results of the 1990 census show a mix of 70% Caucasian, 26% hispanic, 1.6% Afro-American, 1.5 As Asian, and 1.0% Native American. The most current information available on employment of La Quinta residents is from the 1980 Census. At that time, almost 57% of the La Quinta work force worked at white collar jobs, while 43% were in blue collar occupations. Among those in white collar jobs, E 16.4% were professional/technical positions, 13.3% were in managerial positions, 14.0% were in clerical positions and 13.0% were in sales. For blue collar workers, 15.6% were in crafts, 4.1% were machine operators, assemblers, and inspectors, 14.2% were in service jobs, 3.8% were laborers, and 5.6% did farm work. Major employers in La Quinta include the La Quinta Hotel and Resort, PGA West, Von's, Simon Motors, City of La Quinta, Wa1Mart, Albertson's, and Ralph's. For planning purposes, the Southern California Association of Governments has projected employment, housing, and population for cities that make up the SCAG region. A key objective of SCAG's Growth Management Plan is to achieve jobs/housing balance within each subregion that makes up the larger SCAG planning area. The ideal jobs/housing balance ratio, according to SCAG is 1.27 jobs for every housing unit in 1984 and 1.22 in the year 2010. Jobs -rich (housing -poor) regions have ratios greater than the regional average while housing -rich regions have ratios less than the regional average. Local Environmental Setting The project site is currently a vacant, 24.5 acre parcel with no housing units or other structures. A. Would the project cumulatively exceed official regional or local population projections? No Impact. The future development proposed will result in no new residential units. Temporary construction jobs will be created as the Educational Service Center buildings and facilities are built. (Source: SCAG Growth Management Plan) B. Would the project induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? No Impact. The proposed Educational Service Center and City corp. yard will not provide any new facilities in the city or the School District, but will replace existing facilities and consolidate those facilities. Thus, there is no anticipated growth inducement resulting from the proposed project. C. Would the project displace existing housing, especially affordable housing? No impact. No existing residential units are located on the project site. The future development plan is to construct a school district headquarters and city corp. yard facility utilizing public funds. The proposed project would not result in the displacement or removal of any existing housing units as there are none. (Source: Site Survey) 0 '1 7 10 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quinta has a relatively flat topography, except for the hillside area on the southern portion of the City, and the sloping Cove area. The City has elevations of 1,400 feet above msl in the northeastern section. Slopes on the valley area of the City are gentle, except in the sand dune areas. The alluvial soils, that make up most of the City are underlain by igneous -metamorphic rock, as seen in outcrops in the Santa Rosa Mountains and the Coral Reef Mountains. Soils on the valley floor are made up of very fine grain unconsolidated silty sands in most areas. Local Environmental Setting The area where the parcel is located is in an only partially urbanized part of the City. There are several A review of historical aerial photographs indicates that the site has never been developed. The average elevation of the site is approximately 60 feet above msl. Rolling sand dunes provide some local relief There has been no recorded fault activity from the nearby inferred faults, thus there is a low probability for such activity. The City of La Quinta lies in a seismically active region of Southern California. Faults in the area include the San Andreas fault located several miles to the north, and two inferred faults transecting the southern section of the City. A. Would the project result in or expose people to potential impacts involving seismicity: fault rupture? Less Than Significant Impact. There is an inferred fault line located approximately 2,000 feet to the west of the parcel. This fault is considered potentially active, although no activity has been recorded for the last 10,000 years. A major earthquake along the fault would be capable of generating seismic hazards and strong groundshaking effects in the area. None of the inferred faults in La Quinta have been placed in an Alquist-Priolo Special Studies Zone. Thus, no fault rupture hazard is anticipated for the project site. (Source: Riverside County Comprehensive General Plan; City of La Quinta General Plan; City of La Quinta Master Environmental Assessment) B. Would the project result in or expose people to potential impacts involving seismic ground shaking? Less Than Significant Impact. The proposed residential project will be subject to groundshaking hazards from regional and local earthquake events. The proposed project will bring people to the site who will be subject to these hazards. The Riverside County Comprehensive General Plan indicates that the parcel is near the boundary of 11 Groundshaking Zones III and IV. Any buildings constructed will be required to meet current seismic standards to reduce the risk of structural collapse. C. Would the project result in or expose people to potential impacts involving seismicity: ground failure or liquefaction? Less Than Significant Impact. The proposed project site is not anticipated to be subject to ground failure hazards from earthquake or other events. The La Quinta General Plan indicates that the project site is not within a recognized liquefaction hazard area. The majority of the City has a very low liquefaction susceptibility due to the fact that ground water levels are generally at least 100 feet below the ground surface. D. Would the project result in or expose people to potential impacts involving seismicity: seiche or tsunami or volcanic hazard? No Impact. The City is located inland from the Pacific Ocean and would not be subjected to a tsunami. Lake Cahuilla, a man-made reservoir located in the southeast portion of the City, might experience some moderate wave activity as a result of an earthquake and groundshaking. However, the lake is not anticipated to affect the City in the event of a levee failure or seiche. E. Would the project result in or expose people to potential impacts involving landslides or mudslides? No Impact. The terrain within the project is that of rolling sand dunes and pockets of relatively flat ground. The parcels are some distance away from hillsides and would not be impacted by landslides or mudslides, nor cause slides to occur. F. Would the project result in or expose people to potential impacts involving erosion, changes in topography or unstable soil conditions from excavation, grading or fill? Potentially Significant Unless Mitigated. The soils on the site and geotechnical studies done in the project vicinity show that the site is underlain by alluvial deposits of Pleistocene age. The soils on the site consist of Myoma Fine Sands (MaD) and (MaB). The MaD soil type is commonly found on dunes and alluvial fans. Runoff is very slow and the erosion hazard is slight. The hazard of blowing soil is high. This soil is used for homesites, recreation, and agriculture. Runoff is medium; the erosion hazard is slight. However, the hazard of soil blowing is high. The future project will involve mass and final grading activities which will disturb the existing topography of the parcel. Compliance with approved grading and drainage plans, as well as recommendations of geotechnical studies for the project will ensure structural 4� ) 4 9 12 integrity of development on the site, and mitigate blow sand potential. Soil stabilization will be a required mitigation during the grading and construction phases of development. G. Would the project result in or expose people to potential impacts involving subsidence of the land? Less Than Significant Impact. The parcel to be developed is not located in an area which is considered to have subsidence hazards, according to the La Quinta MEA. Dynamic settlement result in geologically seismic areas where poorly consolidated soils mix with perched groundwater causing dramatic decreases in the elevation of the ground. The parcel is not located within the area that has been identified as having this potential hazard. Thus, there is no required mitigation required on this issue. (Source: La Quinta MEA) H. Would the project result in or expose people to potential impacts involving expansive soils? Less Than Significant Impact. The underlying soils on the parcel does not have a high potential for expansion; thus, construction of the proposed buildings and facilities is not expected to be subject to problems from soil expansion. The City requires compliance with the Uniform Building Code and the recommendations of a soils investigation report prior to approval of building permits. (Sources: USDA Report and General Soils Map for the Coachella Valley) I. Would the project result in or expose people to potential impacts involving unique geologic or physical features? No Impact. The Coral Reef Mountains and the Santa Rosa Mountains represent unique geologic features in the La Quinta area. These unique geologic features are not located in or near enough to the project site to be affected by the proposed project. (Sources: USGS La Quinta Quadrangle; Site survey) 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. La Quinta is located above the Coachella Valley Groundwater Basin which is the major supply of water for the potable water needs of the City as well as a significant supply for the City's nonpotable irrigation needs. Water is pumped from the underground aquifer via thirteen wells in the City operated and administered by the Coachella Valley Water District (CVWD). La Quinta is located primarily in the lower 41Ll 5 0 13 thermal Subarea of the groundwater basin. The Thermal Subarea is separated into the upper and lower valley sub -basins near Point Happy, located southwest of the intersection of Washington Street and State Highway 111. CVWD estimates that approximately 19.4 million acre feet of water is stored within the Thermal Subarea which is available for use. Water pumped from the aquifer is treated to federal drinking water standards and distributed to users through the existing potable water distribution system Water is also pumped for irrigation purposes to water golf courses and the remaining agricultural uses in the City. Water supplies are augmented with surface water from the Colorado River transported via the Coachella Canal. The quality of water in the La Quinta area is highly suitable for domestic purposes. However, chemicals associated with agricultural production in nearby areas and the use of septic tanks in the Cove area affect groundwater quality in the area. Groundwater is of marginal to poor quality at depths of less than 200 feet. Below 200 feet, water quality is generally good and water depths of 400 to 600 feet is considered excellent. Percolation from the tributaries of the Whitewater River flowing into La Quinta from the Santa Rosa Mountains provide a natural source of groundwater replenishment. Artificial recharging of groundwater will be a requirement in the near future. Surface water in La Quinta is comprised of Colorado River water supplied via the Coachella Canal and stored in Lake Cahuilla; lakes in private developments which are comprised of canal water and/or untreated ground water; and the Whitewater River and its tributaries. The watersheds in La Quinta are subject to intense storms of short duration which result in substantial runoff The steep gradient of the Santa Rosa Mountains accelerates the runoff flowing in the intermittent streams that drain the mountain watersheds. One of the primary sources of surface water pollution is erosion and sedimentation from development construction and operation activities. Without controls total dissolved solids JDS) can increase significantly from the development activities. The Clean Water Act requires all communities to conform to standards regulating the quality of water discharged into streams, including stormwater runoff. The National Pollutant Discharge Elimination/system (NPDES) has been implemented as a two-part permitting process, for which the City of La Quinta is participating in completing permitting requirements. Local Environmental Setting The project site does not have any standing water on it or near it. The nearest stand of surface water is Lake Cahuilla, located over 5 miles to the southeast of the parcels. The La Quinta Evacuation Channel is located adjacent to the southeast of the parcel, but is dry except during seasonal storms. The channels purpose is to provide directed drainage of stormwater to the Whitewater River Channel which is located north of State Highway 111. 14 The City has limited areas which are subject to storm water flow or flooding. Flood prone areas within the City are designated with a specific zoning district (Watercourse, Watershed and Conservation Areas, W-1). The intent of the zoning district is to allow development in flood prone areas based upon the submittal of a drainage and stormwater control plan. The City also implements flood hazard regulations for development within flood prone areas. A. Would the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Potentially Significant Unless Mitigated. The future development of the proposed structures will necessitate the submittal of a drainage plan along with a grading plan in order to determine the required retention facilities and drainage infrastructure needed for the project. A retention basin is proposed in the northeast comer of the project site. The retention basin will be required to be engineered to the appropriate capacity and design to contain stormwater emanating on site. Since the parcels total more than 5 acres, the project will be subject to the requirements of NPDES. B. Would the project result in exposure of people or property to water -related hazards such as flooding? Less Than Significant Impact. The site is not within a designated flood hazard area. The site is protected by the Whitewater River Channel located to the north, as well as the La Quinta Evacuation Channel that is adjacent to the southeast of the project site. The proposed retention basin will capture and retain any on -site flood waters. (Source: La Quinta MEA; site survey) C. Would the project result in discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Less Than Significant Impact. Runoff from the parcel will be directed into the La Quinta Evacuation Channel, and ultimately, the Whitewater River Channel. There are no bodies of surface water on or adjacent to the parcel. Stormwater that drains into the Whitewater River Channel will ultimately empty into the Salton Sea. D. Would the project result in changes in the amount of surface water in any water body? No Impact. Although an increase in runoff volume will occur, this increase is not expected to impact surface water. The size of the project represents only a very small percentage of the drainage tributary area for the City. (Source: Site Plan) 15 E. Would the project result in changes in currents, or the course or direction of water movements? No Impact. The City of La Quinta does not have any substantial bodies of water or rivers. There are many small man-made lakes and ponds on golf courses within the City. The Whitewater River and the La Quinta Evacuation Channel are stormwater channels that are usually dry except for runoff from seasonal storms. F. Would the project result in changes in quantity of ground waters, either through direct additions or withdrawl, or through interception of an aquifer by cuts or by excavations? No Impact. Water supply in the City is derived from groundwater and supplementary water brought in from the Colorado River. Future development on the parcel will consist of administrative and maintenance buildings. G. Would the project result in altered direction or rate of flow of groundwater? No Impact. The proposed project will not have a significant effect on groundwater wells. Therefore, it is not anticipated that there will be any alteration to the direction or rate of flow of the groundwater supply. H. Would the project result in impacts to groundwater quality? Less Than Significant Impact. Future development of the parcel will include concrete and asphalt pavement of portions of the project site. This pavement will reduce the absorption ability of the ground. Storm water runoff will be discharged into a city storm drain that will be directed to the La Quinta Evacuation Channel. Crankcase oil, hydrocarbons, and other particulate and liquid contaminates may be deposited on the pavement from parked vehicles. Following a heavy rain, these contaminates could be transported into the nearby storm channel and could contribute to groundwater and/or surface water pollution. 3.5 AIR QUALITY Regional Environmental Setting The Coachella Valley is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD), and in particular the Southeast Desert Air Basin (SEDAB). SEDAB has a distinctly different air pollution problem than the South Coast Air Basin (SCAB). A discussion of the jurisdictional organization and requirements is found in the La Quinta WA. E The air quality in Southern California region has historically been poor due to the topography, climatological influences, and urbanization. State and federal clean air standards established by the California Air Resources Board and the U.S. Environmental Protection Agency (EPA) are often exceeded. The SCAQMD is a regional agency charged with the regulation of pollutant emissions and the maintenance of local air quality standards. The SCAQMD samples air quality at over 32 monitoring stations in and around the Basin. According to the 1989 South Coast Air Quality Management Plan, SEDAB experiences poor air quality, but to a lesser extent than the SCAB. Currently, the SEDAB does not meet federal standards for ozone, carbon monoxide, or particulate matter. In the Coachella Valley, the standards for PM 10 is frequently exceeded. PM-10 is particulate matter 10 microns or less in diameter that becomes suspended in the air due to winds, grading activity, and by vehicles on unpaved roads, among other causes. .Local Environmental Setting The City of La Quanta is located in the Coachella Valley, which has an and climate, characterized by hot summers, mild winters, infrequent and low annual rainfall, and low humidity. Variations in rainfall, temperatures, and localized winds occur throughout the valley due to the presence of the surrounding mountains. Air quality conditions are closely tied to the prevailing winds of the region. The City of La Quinta is subject to the SCAQMD AQMP, a plan which describes measures to bring the SCAB into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The General Plan for the City contains an Air Quality Element outlining mitigation measures as required by the Regional AQMP. The City is located within Source Receptor Area (SRA) 30, which includes two air quality monitoring stations, one located in the City of Palm Springs and one in the City of Indio. The Indio station monitors conditions which are most representative of the La Quinta area. The station has been collecting data for ozone and particulate since 1983. The Palm Springs station monitors carbon monoxide in addition to ozone and particulate and has been in operation since 1985. A. Would the project violate any air standard or contribute to an existing or projected air quality violation? Potentially Significant Impact. There will be some pollutants as a result of vehicular traffic during the construction phases and from employees and visitors of the future development. According to the SCAQMD CEQA Air Quality Handbook, Table 6-2, the proposed project best fits with the Government Center category under the Institutional/Governmental land use threshold is 75,000 square feet of building area. The proposed total building area for the project will be 164,000 square feet, which is more than double the threshold. Thus, there would be a potentially significant air quality impact j0 !`J 4. 17 resulting from this proposed project. The Significance Emission Thresholds established by the District consist of the following: 55 pounds per day of ROG 55 pounds per day ofNOx 274 pounds per day of CO 150 pounds per day of PM10 150 pounds per day of Sox State 1-hour or 8-hour standard for CO Projects that exceed the above thresholds with daily operation -related emissions (averaged over a 7-day week) are considered to be significant. Calculations were made for the proposed development of the Educational Services Center and City Corp. Yard. A 180- day construction period was assumed for the following short term construction impact: ROG 241.41bs/day Nox 3547.01bs./day CO 771.31bs./day PM10 251.O1bs./day Long Term Emissions consist of the following: ROG 0.01bs./day Nox 4.6lbs./day CO 0.81bs./day PM10 0.21bs./day Long Term Mobile Emissions consist of the following: 18 ROG 30.0lbs./day Nox 49.7lbs./day CO 600.81bs./day PM10 7.0lbs./day Total Emissions are as follows: ROG 60.1lbs./day Nox 53.2lbs./day CO 801.5lbs./day PM10 7.1lbs./day Percent Over Thresholds: ROG 106.8% Nox 53.2% CO 145.7% PM10 4.8% Thus, there is a potential for significant impact from the development of the Educational Services Center and Corp. yard. A detailed air quality analysis shall be required to be submitted prior to issuance of grading or building permits. The analysis shall include recommended mitigation measures that become a part of the conditions of approval for the project. B. Would the project expose sensitive receptors to pollutants? Less Than Significant Impact. Sensitive Receptors include schools, day care centers, parks and recreation areas, medical facilities, rest homes, and other land uses that include concentrations of individuals recognized as exhibiting particular sensitivity to air pollution. The adjacent land uses consist of residential and golf development to the southwest, vacant land to the north and east, the stormwater channel to the southeast, and regional 19 commercial to the north of Highway 111. The closest school is the La Quinta High School located southwest of the intersection of Dune Palms Road and Westward Ho Drive, which is approximately a half mile to the northwest of the parcel. The closest existing park is :iPalm. Royale Park located west of Adams Street and south of Fred Waring Drive, over a mile to the northwest. There are no known day care centers, medical facilities, or rest domes in the near vicinity of the parcel. C. Would the project alter air movements, moisture, temperature, or cause any change in climate? No Impact. The proposed project is not anticipated to result in any significant impact upon this issue area. All proposed buildings will be required to meet height and setback requirements, maintaining as low a profile as possible. D. Would the project create objectionable odors? No Impact. The proposed development will not be involved in activities which may create objectionable odors, such as waste hauling or the chemical products. However, a bus and district vehicle storage and maintenance facility is included in the project. These vehicles will be serviced, repaired, and washed. There may be certain odors from solvents and cleaners that may be detectable on site. It is not anticipated that these odors will be detected off -site. Vehicles traveling on nearby streets generate gaseous and particular emissions that may be noticeable on the project site. (Sources: Site Survey) 3.6 TRANSPORTATION/CIRCULATION Regional Environmental Setting La Quinta is a desert community of over 16,000 permanent residents. The City is 31.18 square miles in size , with substantial room for development. The existing circulation system is a combination of early roadwork constructed by Riverside County and new roadways since incorporation of the City in 1982. Key roadways include State Highway 111, Washington Street, Jefferson Street, Fred Waring Drive, and Eisenhower Drive. Traffic volumes in La Quinta experience considerable seasonal variation, with the late - winter, early spring months representing the peak tourist season and highest traffic volumes. High traffic volumes and out -dated geometrics contribute to the relatively high incidence of automobile accidents at the intersection of Washington Street and State Highway 111. Existing transit service in La Quinta is limited to three regional fixed -route bus routes operated by Sunline Transit Agency. One bus route along Washington Street connects the 20 Cove and Village areas with the community of Palm Desert to the west. Two lines operate along Highway 111 serving trips between La Quinta and other communities in the desert. There are some existing pedestrian, bicycle and equestrian facilities in La Quinta, however, these systems are to be completed as the city grows. Local Environmental Setting The subject property is located northeast of the intersection of Dune Palms Road and Avenue 48. Existing roadway conditions for the segment of Dune Palms Road that is adjacent to the parcel is an unpaved roadway. Avenue 48 is also unpaved. Both roadways are classified as a primary arterials, in the General Plan, with a 100 to 110 foot rights -of - way. A. Would the project result in increased vehicle trips or traffic congestion? Potentially Significant Unless Mitigated. The future development of the Educational Service Center and City Corp. Yard is forecasted to generate a daily average two-way traffic volume of 1477 trips. The A.M. Generated Peak Hour Total trips is 216, and the P.M. Generated Peak Hour Total is 222 trips. B. Would the project result in hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? No Impact. There are currently no hazards from design features in the roadways, and no alterations to the existing design of Dune Palms Road or Avenue 48 are proposed. Automobile and motorcycle traffic are the only two types of vehicles that typically use the surrounding roadways. Upon completion of the project, school buses will emanate and terminate at the Center's bus barn facility. C. Would the project result in inadequate emergency access to nearby uses? No Impact. The future project would not be permitted to obstruct emergency access to surrounding land uses. This requirement would be made a part of the project conditions of approval. D. Would the project result in insufficient parking capacity on -site or off -site? No Impact. A total of 726 parking spaces are proposed. This includes 505 spaces for personal vehicles, 121 spaces for other vehicles, 100 spaces for busses and large equipment. A total of 17 handicapped spaces will be provided. The School District 21 employees number 250, with the City core. yard to accommodate 30 employee parking spaces. The district board room occupancy will be 450. E. Would the project result in hazards or barriers for pedestrian or bicyclists? Less Than Significant Impact. The entire length of Dune Palms Road is a designated bicycle corridor, as well as Avenue 48. The greatest potential for pedestrian and/or bicycle accidents will involve traffic at the intersection of Dune Palms Road and Avenue 48. F. Would the project result in conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? No Impact. There is no existing City policy that would require that this development be required to install bicycle racks. The requirement for bicycle racks will be left up to the School District. A public transit bus turn out could be required by the Sunline Transit Agency. The future project will be transmitted to the Agency for review and comment. G. Would the project result in rail, waterborne or air traffic impacts? No Impact. There is no rail service in the City of La Quinta. There are no navigable rivers or waterways, or air travel lanes within the City. Thus, there will be no impacts upon these issues. 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 La Quinta Master Environmental Assessment. Local Environmental Setting The parcel is located in the Sonoran Desert Scrub. Typically, undeveloped land within this ecosystem is rich in biological resources and habitat. The Sonoran Desert Scrub ecosystem is the most typical environment in the Coachella Valley. It is generally categorized as containing plants which have the ability to economize water uses, go dormant during periods of drought, or both. Cacti are very common in these areas due to their ability to store water. Other plants root deeply and draw upon water from considerable depths. The variations of desert vegetation result from differences in the availability of water. The most dense and lush vegetation in the desert is found where groundwater is most plentiful. 22 The Sonoran Scrub areas are considered habitat for a number of small mammals. These animals escape the summer heat through their nocturnal and/or burrowing tendencies. Squirrels, mice and rates are all common rodent species in this environment. The black - tailed hare is a typical mammal. Predator species include kit fox, coyote, and mountain lion in the higher elevations. The largest mammal species found in this area is the Peninsular Big Hom sheep which is found at the higher elevations of the Santa Rosa and San Jacinto Mountain ranges. Birds and amphibians/reptiles can also be found in the Sonoran Scrub area. The parcel is vacant. There is a sparse scattering of vegetation on the parcels that is typical of the natural desert dune area. The La Quinta MEA indicates that the property is within the habitat of the Coachella Valley Fringe Toed Lizard. The Coachella Valley Fringe Toed Lizard has been listed as endangered by the California Fish and Game Commission and a threatened species by the US Fish and Wildlife Service, since 1980. The species is highly adaptable to loose, windblown sand and is able to rapidly run over the sand. The mapped description of the lizard's habitat includes the sand dunes north of Avenue 50. To mitigate the loss of the lizard's habitat due to development, there is a development fee which is used to acquire and maintain habitat areas in a Habitat Conservation Preserve near Thousand Palms. The City of La Quinta participates in this fee program as mitigation for habitat loss. A. Would the project result in impacts to endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? Potential Significant Unless Mitigated. The parcel is located within the Coachella Valley Fringe Toed Lizard Habitat. To mitigate the loss of habitat, the applicant will be required to pay the mitigation fee at the current amount prior to submitting an application for a grading permit. (Source: La Quinta MEA) B. Would the project result in impacts to locally designated species (e.g. heritage trees)? No Impact. There are no locally designated biological resources within the City of La Quinta. All significant biological resources are designated by the California Department of Fish and Game or the US Fish and Wildlife Service. (Sources: La Quinta MEA; Site Survey) C. Would the project result in impacts to locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? No Impact. There are no locally designated natural communities found on or near the parcel. Some of the surrounding parcels are developed with homes, a golf course, or 060 23 roadways. The parcels have had some disturbance, such as off -road vehicles and some trash dumping. D. Would the project result in impacts to wetland habitat (e. g. marsh, riparian, and vernal pool)? No Impact. There are no wetlands, marshes, riparian communities, or vernal pools on the subject parcels or nearby. Thus, there is no impact to these issue areas. (Source: La Quinta MEA; Site Survey) E. Would the project result in impacts to wildlife dispersal or migration corridors? No Impact. Their are no known wildlife corridors on or adjacent to the parcel. (Source: La Quinta MEA) 3.8 ENERGY AND MINERAL RESOURCES Regional Environmental Setting The City of La Quinta contains both areas of insignificant and significant Mineral Aggregate Resource Area (SMARA), as designated by the State Department of Conservation. There are no known oil resources in the City. Major energy resources used in the City come from the Imperial Irrigation District (IID), Southern California Gas Company, and gasoline companies. Local Environmental Setting There are no oil wells or other fuel or energy producing resources on the proposed project site. While the parcels are undeveloped, they are not a source of soil or gravel. The parcels are located within MRZ-1, a designation for those areas where adequate information indicates that no significant mineral deposits are present or where it is judged that little likelihood exists for their presence. A. Would the project conflict with adopted energy conservation plans? No Impact. The City of La Quinta does not have an adopted energy plan. However, the City does have a Transportation Demand Management ordinance in place that focuses on the conservation of fuel. The Housing Element contains requirements for efficiency in housing construction and materials, thus reducing energy consumption. Future 061 24 development will be required to meet Title 24 energy requirements. No other mitigation is required for this issue. B. Would the project use non-renewable resources in a wasteful and inefficient manner? Less Than Significant Impact. Natural resources that may be used by this future project include air, mineral, water, sand and gravel, timber, energy, and other resources needed for construction. Future development will be required to meet Title 24 energy requirements for energy conservation. Any landscaping will also be required to comply with the landscape water conservation ordinance as well as the requirements of the Coachella Valley Water District. 3.9 RISK OF UPSEURUMAN HEALTH Regional Environmental Setting Recent growth pressure has dramatically increased the City's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in rood, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not located in La Quinta, the existence of chemicals utilized in dry cleaning operations, agricultural operations, restaurant kitchen cleaning, landscape irrigation and exposure to large scale electrical facilities may pose significant threats to various sectors of the population. Currently, there are no hazardous disposal waste sites located in Riverside County, although transportation of such materials out of:, and around, La Quinta takes place. Local Environmental Setting In order to comply with AB 2948-Hazardous Waste: Management Plans and Facility Siting Procedures, the City of La Quinta adopted Ordnance 184 consisting of a Hazardous Waste Management Plan. The parcel has not been used for any type of manufacturing in the recent past. A. Would the project involve a risk of accidental explosion or release of hazardous substances (including, but not limited to oil, pesticides, chemicals, or radiation)? Less Than Significant Impact. There is a minimal risk from pool chemicals and pesticides that may be used by the school district for school pools and grounds. No other risks are anticipated. 99 D. Would the project -involve possible interference with an emergency response plan or emergency evacuation plan? Less Than Significant Impact. Construction activities will be confined to the parcels, except for minimal off -site work as is necessary for project accesses, curbs and gutters. These activities will not interfere with emergency responses to the site or surrounding areas nor will it obstruct emergency evacuation of the area. C. Would the project involve the creation of any health hazard or potential health hazards? Less Than Significant Impact. There are no anticipated health hazards associated with projected future development of the parcel. Any hazards would be less than significant. D. Would the project involve exposure of people to existing sources of potential health hazards? No Impact. There are no existing health hazards on the project site. The future development of the parcel is not expected to create any health hazards, as long as OSHA and other safety regulations are followed by District and City employees. Development will be required to conform to zoning standards and all applicable health and safety codes. E. Would the proposal involve increased fire hazard in areas with flammable brush, grass, or trees? Less Than Significant Impact. The project site is located in a natural desert dune environment with only sparse vegetation. Thus, there is minimal fire hazard on the site or in the surrounding area. 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 streets and Highway 111, and temporary construction noise. The ambient noise levels are dominated by vehicular noise along the highway and major arterials in the City. Local Environmental Setting The ambient noise level at the subject parcel is dominated by vehicle traffic noise from Highway 111 and Jefferson Street, the closest paved roadways. M Residential areas are considered noise -sensitive land uses, especially during the nighttime hours. The nearest residential use to the parcel is located to the west and southwest of the project site, with the Lake La Quinta and Rancho La Quinta developments. A. Would the project result in increases in existing noise levels? ]Less Than Significant Impact. The increase in vehicle noise resulting from future development of the parcel will contribute to the level of noise in the immediate area. This noise can be mitigated by the construction of perimeter block walls and landscape buffers. The existing (1992) noise levels for the project site range between 50 and 60 dBA . Staff has determined that the proposed project is most compatible with the Office land use category in Table 6.3 of the La Quinta MEA. Table 6.3, Land Use Compatibility for Community Noise Equivalent Levels (CNEL), indicates that office land uses have a normally acceptable CNEL range of 60 to 75. Below this range is clearly acceptable, and above this range is unacceptable. In order for the future development to have a less than significant noise impact, the operational noise levels will not be able to exceed 75 CNEL. Construction materials and design should take noise containment and reduction into account for the development. B. Would the project result in exposure of people to severe noise levels? Less Than Significant Impact. The La Quinta General Plan regulates excessive noise and vibration in the City by establishing allowable noise levels for various land uses. Office land uses should have a maximum exterior noise level of up to 75 CNEL. If the ambient noise level is higher than this standard, then it will serve as the standard. The future development of the parcel will result in short-term impacts associated with construction activities. During construction, heavy machinery will be capable of generating periodic peak noise levels ranging from 70 to 95 dBA at a distance of 50 feet from the source. (Source: La Quinta General Plan) 3.11. PUBLIC SERVICES Regional Environmental Setting Law enforcement services are provided to the City through a contract with the Riverside County Sheriff's Department. The Sheriffs Department extends service to the City from existing facilities located in the City of Indio. The Department utilizes a planning standard of 1.5 deputies per 1,000 population to forecast additional public safety personnel requirements in the City at buildout. Based on this standard, the City is currently underserved. 27 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 Avenue 52, west of Washington Street, and Station #70, at the intersection of Madison Street and Avenue 54. The Fire Department is also responsible for building and business inspections, plan review, and construction inspections. Based upon a planning standard of one paid firefighter per 1,000 population, the City is currently underserved. The Fire Department has indicated that a need exists for a third fire station in the northern part of the City between Washington Street and Jefferson Street. Structural fires and fires from other man-made features are the most significant fire threats to the City. Hillside and brush fires are minimal as the hillside area are barren and scattered brush on the valley floor is too sparse to pose a serious fire threat. Desert Sands Unified School District and the Coachella Valley Unified School District serve the City. There is one elementary school, one junior high school, and one high school within the City. These schools are within the Desert Sands Unified School District. The City is also within the College of the Desert Community College District. Library services are provided by the Riverside County Library System with a branch library located in the Village area of the City. The existing facility opened in 1988 and contains 2,065 square feet of space and approximately 18,000 volumes. The County unadopted planning standards of 0.5 square feet per capita and 1.2 volumes per capita to forecast future facility requirements to serve the City. Utilizing this standard, in 1992, the City was underserved in space but overserved in terms of volumes. Health care services are provided in the City through JFK Memorial Hospital in Indio, and the Eisenhower Immediate Care Facility located in the Plaza La Quinta Shopping Center. The Eisenhower Immediate Care Facility is a satellite clinic of the Eisenhower Medical Center, located in Rancho Mirage. The Riverside County Health Department administers a variety of health programs for area residents and is located in Indio. Paramedic service is provided to the City by Springs Ambulance Service. Local Environmental Setting The nearest fire station of the project site is Station #32 located approximately 7 miles South of the parcels. Governmental services in La Quinta are provided by city staff at the Civic Center and by other County, state, and federal agency offices in the desert area. The project site is served by Truman Elementary School, La Quinta Middle School, and by La Quinta High School. A. Would the project have an effect upon, or result in the need for new or altered governmental services in relation to fire protection? 28 ]Less Than Significant Impact. The development of the parcel will increase the need for fire protection due to the constrL.:tion of 164,168 square feet of building and yard area. Development shall comply with the fire flow and fire safety building standards of the Riverside County Fire Code to prevent fire hazard on -site and to minimize the need for fire protection services. Unobstructed fire access will be required. Other code requirements (such as sprinkler systems, construction materials, etc.) will be required. B. Would the project have an effect upon, or result in the need for new or altered government services in relation to police protection? Less Than Significant Impact. The Riverside County Sheriffs Department was given �he opportunity to review and comment on the proposed project. Comments have been received from the Sheriffs Department. Their letter states that the proposed project will not significantly impact the Department's ability to provide services. C. Would the project have an effect upon, or result in a need for new or altered government services in relation to school services? Less Than Significant Impact. The proposed school district project is exempt from the mandatory school impact fees normally imposed upon such projects. D. Would the project have an effect upon, or result in a need for new or altered government services in relation to the maintenance of public facilities, including roads? Less Than Significant Impact. The parcel is currently served by unpaved, unimproved public roadways. Both Dune Palms Road and Avenue 48 will be required to be improved as a condition of development of the proposed project. The proposed development will require new or altered government services for the maintenance of roadways and other public facilities, however, the impact to the existing City road maintenance crew is not expected to be of a significant burden. E. Would the project have an effect upon, or result in a need for new or altered government services in relation to other governmental services? Less Than Significant Impact. Building, engineering, and planning services needed for the project will be offset by planning review, plan check, permit, and inspection fees charged to the developer. 0 ir! b 29 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. Existing power and gas limes and substations are found throughout the City. ED has four substations in La Quinta, with electricity generated by a steam plant in El Centro and Hydroelectric power generated by the All American Canal. General Telephone Exchange (GTE) provides telephone services for the City. Colony Cablevision serves the area for cable television service. The Coachella Walley Water District (CVWD) provides water service to the City. CVWD obtains its water from underground aquifers and from the Colorado River. CVWD operates a water system with potable water pumped from 13 wells in the City. The wells range in depth from 500 to 900 feet. Potable water is stored in five reservoirs located in the City. The City's stormwater drainage system is administered by the CVWD, which maintains and operates a comprehensive system to collect and transport flows through the City. The City is served by Waste Management of the Desert for solid waste disposal. Nonhazardous, mixed municipal solid waste is taken to three landfills within the Coachella Walley. Local Environmental Setting There are storm drain facilities adjacent to the project site on the southeast, a water trunk line (12" to 18") along Avenue 48 from Washington Street to just west of Adams Street, and a natural gas lime along Jefferson Street. An electrical substation is located on the southwest corner of the intersection of Jefferson Street and Avenue 48. Those utilities that are not currently available to the project site will need to be brought to the site. (Source: . La Quinta General Plan) A. Would the project result in a need for new systems, or substantial alterations to power and gas services? Less Than Significant Impact. Power, sewer, and gas lines have been brought in to the general vicinity of the parcel. Anticipated development will require sewer, electricity, water, and natural gas utilities. It is not anticipated that the project will require a significant enough level of electricity or natural gas to result in the need for new systems or alterations to existing systems. The project developer will have to coordinate with IID, CVWD, and SCG for the timely provision of utilities. 0 cu l 30 The projected electrical consumption has been calculated to be 3,298 kWH per day. Natural gas consumption is calculated at 10,645 cubic feet per day. (Source: Utiligen) B. Would the project result in a need for new systems, or substantial alteration to communication systems? Less Than Significant Impact. The anticipated development of the parcel will require service from GTE or other purveyor for telephone communication. It is anticipated that an internal communication system will be installed at the District Center and for the City corp. yard. Radio antennas and relay equipment is anticipated to be installed. C. Would the project result in a need for new systems, or substantial alterations to local or regional water treatment or distribution facilities? Less Than Significant Impact. The anticipated development will require water service. Ht is not anticipated that the development will result in a significant adverse impact upon the water resources of CVWD. Water consumption is calculated at 22,101 gallons per day :or the project. D. Would the project result in a need for new systems, or substantial alterations to sewer services or septic tanks? Less Than Significant Impact. The anticipated development will generate sewage which will have to be transported and treated by CVWD. The developer will be responsible for the cost of connection to the sewer system Sewage generation is calculated at 18,416 gallons per day for the project. E. Would the project result in a need for new systems, or substantial alteration to storm water drainage? Less Than Significant Impact. The subject parcel is currently vacant and unpaved. The anticipated development of the parcel will result in substantial pavement and landscaping. Thus, storm runoff will be directed into the proposed retention basin to be located at the northeastern comer of the project site. F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? Less Than Significant Impact. The anticipated development will require solid waste disposal services from Waste Management of the Desert, the current purveyor of solid waste collection. Solid waste may be transported to the three existing landfills in the Coachella Valley. These landfills are reaching capacity and may be closed in the near 31 future. Development must comply with the City's Source Reduction and Recycling policies. Any on -site programs will be coordinated with Waste Management. Solid waste generation is calculated at 840 lbs. per day for the project, based on a planning standard of 4.00 lbs., per capita ( 210 employees), per day. (Source: La Quinta General Plan) 3.13 AESTHETICS Regional Environmental Setting The City of La Quinta is partially located within a desert valley cove. There are hillsides to the west and south of the City. Views of the desert and surrounding mountains are visible on clear days throughout most of the City. Local Environmental Setting 'Me subject parcel is located in a predominately vacant desert dune area in the northeastern portion of the City. Maximum building heights of 30 feet are proposed for the two-story office buildings. Color schemes typically consist of neutral, soft -toned desert colors. Views from the parcel consists of the San Bernardino Mountains to the far north, the Santa Rosa and Coral Reef Mountains to the south, and the cove residential development to the south and southwest. A. Would the project affect a scenic vista or scenic highway? ]Less Than significant Impact. The parcel is located within a designated Native vegetation area. This area has a high sensitivity for impact. There is low visual screening and vacant land in the area. The vistas from the parcel have been somewhat impacted by previous development in the general area. B. Would the project have a demonstrable negative aesthetic effect? Less Than Significant Impact. The anticipated development will be required to comply with architectural and landscaping policies and ordinances of the City and the State Architect. Thus, there should not be a significant adverse impact upon the aesthetic qualities of the surrounding area. C. Would the project create light or glare? Potentially Significant Unless Mitigated. The anticipated development will include exterior security and landscaping lighting which will cumulatively contribute to the existing light and glare in the City. All such lighting fixtures shall be required to comply with the Dark Sky Ordinance and other policies of the City, in order to reduce the impact. 32 3.14 CULTURAL RESOURCES Regional Environmental Setting The history of the La Quinta area extends back to an era when much of the Coachella Valley was inundated by ancient Lake Cahuilla. Early inhabitants of the Colorado Desert were people who had migrated across the Bering Strait more than 20,000 years ago. As their migration progressed, they passed through the Colorado Desert on their way to Central America. As time passed, the Coachella Valley became the home to a band of people that have come to be known as the Cahuilla Indians. The Cahuilla followed a hunting and gathering life style as they lived along the ancient lakeshore and cove areas in the Valley. The archaeological record, as it is known today, extends back almost 6,000 years. The Cahuilla were divided into three geographic areas of the Valley; Western or Pass Cahuilla within Agua Caliente (Palm Springs area), Desert Cahuilla (from Palm Springs east to the Salton Sea), and the mountain Cahuilla (south of San Jacinto Peak in the Santa Rosa Mountains). Traveling across boundaries to explore seasonal resources for ceremonial purposes was a part of their annual life cycle. Alfred Kroeber estimated that the original population (2500 individuals) has been reduced to about 750 by 1923. The most likely locations of prehistoric cultural resources in La Quinta are along the foothills. These resources are likely associated with the availability of water and food resources. Temporary campsites can be found near game trail, springs, mesquite groves, grass stands, bedrock outcrops near food or water resources, marshy areas, or along the ancient lake shore. Isolated milling features, sparse lithic scatters, and isolated pottery scatters can be found almost anywhere in the City. In 1540, the first European explorer, Captain Hernando de Alarcon, entered Southern California at the Yuma crossing, which is located to the southeast of La Quinta. Approximately 100 years later, Spanish missionaries visited the area. A trail was established by the Cocomaricopa Indians across the Valley in 1821 as they carried mail through the San Gorgonio Pass between Tucson and Mission San Gabriel. White settlement in the Valley did not occur to any degree until the transcontinental railroads were constructed. The construction of the railroads brought with it the technology to drill water wells deep enough to sustain settlement in the valley. The Bradshaw Trail brought in settlers and freight both before and after the construction of the railroad. The Coachella Valley was the site of the most popular immigration rout to the southwest via the Southern Immigrant Trail. The Bradshaw Trail route passed through the Valley until 1915 when a graded gravel road was developed for automobile travel. 33 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 historical structures and sites recorded on the California Historic Resources Inventory. These resources are listed in the La Quinta General Plan. La Quinta experienced rapid growth in the late 1970's which lead to incorporation of the City in 1982. The City has grown from a population of approximately 5,400 in 1982 to over 16,000 in 1994. The incorporated boundaries currently include over 31 square miles of area. .Local Environmental Setting The subject parcel is located in the northeastern portion of the City. The closest, recorded historic sites are CA-RIV-4755-H (a trail), CA-Riv-4749-H, CA Riv-4750-H, CA-Riv- 4757-K CA-Riv-44748-H, CA-Riv-4747-H, and CA-Riv-4756-H, all located west of Dune Palms Road. There are over a dozen recorded prehistoric archaeological sites within a one -mile radius of the proposed project boundaries. (Source: Community Development Department files) Prehistoric archeological sites are numerous in the City. The subject parcel has not been surveyed by a qualified archaeologist. It is highly possible that there are subsurface cultural deposits, both historic and prehistoric, on the project site. Prior to any earth disturbance, an archaeological and historical survey and assessment must be conducted for the project site. The report of these surveys shall be scheduled for review by the Historical Preservation Commission for a recommendation to the Planning Commission. A. Would the project disturb paleontological resources? Less Than Significant Impact. No significant paleontological resources have been found in the near vicinity of the subject parcels. The parcels are located higher in elevation than the highest extent of the ancient Lake Cahuilla lakeshore. (Source: Paleontological Lake Shore Deliniation Study) B. Would the project affect historical resources? Potentially Significant Impact Unless Mitigated. There are numerous archaeological resources within a one mile radius of the subject parcels. Both insignificant sites and significant sites have been recorded in this area. Prior to any site disturbance, a site survey for historical sites and resources shall be conducted. Future grading and trenching will require monitoring, including off -site improvements, for any site determined to be of significance or potential significance. Any fill material imported to the project site must be certified to have come from a source that is sterile of archaeological materials. 071 34 C. Would the project affect historical resources? Potentially Significant Unless Mitigated. The subject parcels are vacant desert land and do not contain any visible structures. However, it is possible that there are subsurface historical deposits that would be disturbed by construction of the project. Thus, the construction of the proposed project could affect historical resources in the City. (Source: La Quinta General Plan; Land Use Survey) D. Would the project have the potential to cause a physical change which would affect unique ethnic cultural values? No Impact. The development of the proposed Education Service Center and City Corp. Yard will not affect any known ethnic cultural value. E. Would the project restrict existing religious or sacred uses within the potential impact area? No Impact. There are no known religious uses or scared uses on the subject parcels. (source: Site Survey) 3.15 RECREATION Regional Environmental setting The City of La Quinta has an adopted Parks and Recreation Master Plan that assesses the existing resources and facilities and the future needs of the City. The City contains approximately 28.7 acres of developed parkland for Quimby Act purposes. The 845.0 acre regional Lake Cahuilla Park is not included in this count. There are also bike and equestrian pathways within the City and designated pedestrian hiking trails. Local Environmental Setting The subject parcel is vacant. There are no existing or designated park facilities on or nearby the proposed project site. A. Would the project increase the demand for neighborhood or regional parks or other recreational facilities? 35 No Impact. The proposed project does not involve the subdivision of land for residential units, therefore, there are no park fees required of the proposed project. B. Would the project affect existing recreational opportunities? No Impact. The anticipated future development will not affect any existing park or recreation facility. SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE The Initial Study for the proposed development could have potentially significant adverse impacts on some of the environmental issues addressed in the checklist. The potential significance can be lessened if the appropriate mitigation measures are implemented. A Mitigation Monitoring Plan (MMP) has been prepared for this project based upon this environmental assessment. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQ►A Guidelines and based on the results of this environmental assessment: * The proposed development will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. * The proposed development will not have the potential to achieve short term goals to the disadvantage of long-term goals, with the successful implementation of mitigation. * The proposed development will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity. * The proposed development will not have environmental effects that will adversely affect humans, either directly or indirectly, with the implementation of mitigation. SECTION 5: EARLIER ANALYSES a. Earlier Analyses Used. There are no previous development applications or approvals for the proposed project site. Thus, there have been no previous environmental studies prepared for the site, other 0.7 . 36 than the La Quinta General Plan and Master Environmental Assessment prepared for the entire City. B. Impacts Adequately Addressed. Not Applicable. C. Mitigation Measures. Mitigation measures are discussed in this addendum where possible. A Mitigation Monitoring Plan (MMP) has been prepared for the proposed project that will become a part of the conditions of approval attached to the project development approvals and permits. 074 W ¢ A dA �w ou `7a W U z H C7 O z� o44 W � o z PC r. M o za 075 C H A z A aU vu N z H c� z �o oz a. �x a� rA a � o F N � � a a N. 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THEREFORE, A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT HAS BEEN PREPARED FOR CERTIFICATION. BACKGROUND On April 21,1995, applications for Tentative Tract 28189, Change of Zone 95-078, and Conditional Use Permit 93- 005 were submitted by Winchester Assessment Management for review and approval. In addition, a request for elimination of existing Conditional Use Permit 93.005 was submitted by the applicant (Attachment 2). PCSTLC.001 2. That the La Quinta Planning Commission move to adopt Resolution 95- , recommending to the City Council approval of Change of Zone 95.078, as proposed. 3. That the Planning Commission move to adopt Resolution 95- , recommending to the City Council approval of the elimination of Conditional Use Permit 93.005 as it applies to proposed Tentative Tract 28189 4. That the La Quinta Planning Commission move to adopt Resolution 95- , recommending to the City Council approval of the proposed Tentative Tract 28189, subject to conditions. Attachments: 1. Location map 2. Applications for TT 28189, CZ 95.078, and CUP 93.005 3. Tentative Tract 28189 (large plans - Planning Commission only) 4. Agency comment letters 5. Environmental Assessment resolution with EA 95.299 6. Change of Zone resolution 7. Elimination of Conditional Use Permit 93-005 resolution B. Tentative Tract resolution with Conditions of Approval PCSTLC.001 ATTACHMENT 1 PGA -WEST VICINITY MAP CASE MAP 7RT CASE N' TENTATIVE TRACT 28189 CHANGE OF ZONE 95-078 SCALE CONDITIONAL USE PERMIT 93-005 winchester asset management ■ N T S CITY OF LA QUINTA ATTAC LA M E N T PLANNING & DEVELOPMENT DEPARTMENT 78-105 CALLE ESTADO LA QUINTA, CALIFORNIA 92253 Case No. 77T 2 8i S 9 TENTATIVE TRACT MAP Date Received-?� - Location of Property% _ TR 27728, The Quarry`�- Assessor's Parcel No.: 761-521-002 Thru 761-521-007 J Acreage _ 3/63 Zone Legal Descriptions Lots 33-38 ]_ Tract 27728 Book 249 -13 _ In the N 1/2 Sec 29, T6S R7E,-SPV Project Description: 11 Residential lots to be created from 6 existinq_lots- Related cases filed in conjunction with this requests APPLICAN 9W-T-V ow ($) La Quinta Golf 619/776-4000 41-865 Boardwalk, Ste. 214 Palm Desert, CA 92211 EAGI]MVSURVEZOR 41-865 Boardwalk, Ste. 101 Palm Desert, CA 9221 d ss Contact Signature of Phone - ----- - - - - - - ----- - Date — Pe Authority for this application is hereby givens Signature of Property Omer(s) Date Written authority W be attached) Date -2- Case No. 93--0' &f Date Received -2 ( - ? S _� • �_ ? Owl 78495 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 - (619) T77-7000 t� F FAX (619) 777-7101 CHANGE OF ZONE APPLICATION pplicant Instructions Lease complete this application and submit it with the following items: A typed copy of legal description of property, giving the exact description as recorded in the office of the County Recorder. Two copies of a scaled and dimensioned map, which shall be suitable for presentations, showing the area to be rezoned and the adjacent property's lot lines, zoning and existing land uses. Please include an 8 1/2 x 11" reduction of this plot plan. A notification package containing the following: (1) A scaled map or assessor's map pages showing all property located within 300 feet of the subject property; (2) a list of all owners of property within this 300-foot radius, which has been certified by a title company, engineer, land surveyor or architect, and (3) three sets of typed, self-adhesive, addressed labels for the above property owners within the 300-foot radius area. A completed environmental assessment form. A preliminary title report. A filing fee in the amount of $ S `� )plicant Winchester Development Phone( 619 ) 340-3575 1d ress 41-865 Boardwalk, Ste. 101 Palm Desert, CA 92211 vner (s ) La Quinta Golf Properties Phone( 619 ) 776-4000 iE PETITIONER REQUESTS THAT THE MUNICIPAL LAND USE ORDINANCE BE AMENDED TC :CLASSIFY PROPERTY FROM ZONE R1-20, 000 TO ZONE R1-10, 000 :sessor.'s Parcel Number )cation of Property Acreage iRM . 0 07 / CS MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 eason for the Request elated cases filed in conjunction with this request ignature of Applicant AI AV-!= vtl/(J�( I Date athority for this application is hereby given: ignature of Property Owner(s)* (Written authority may be attached) Date Date KPORTANT: Any false or misleading information shall be grounds for the Bnial of this application. Signatures and addresses of all property aners for the subject site shall be shown as listed in the office of the )unty Recorder. The acceptance of this application does not constitute a Lnding by the Planning & Development Director that the application is )nsistent with the General Plan. FORM.007/CS -2- 8T I CITY OF LA QUINTA PLANNING & DEVELOPMENT DEPARTMENT 78-105 CALL: ESTADO LA QUINTA, CALIFORNIA 92253 General Information APPLICANT 4 (5- 90 '�? USE PMM APPLICRIGN Winchester Development Case No. 9 szu Date Received 9, 619/340-3575 41-865 Boardwalk, Ste. 101 Palm Desert, CA 92211 (Address) (S) La Quinta Golf Properties 619/776-4000 flame Phone 41-865 Boardwalk, Ste. 101 Palm Desert, CA 92211 Purpose of guest: Elimination of the_C.U.P. - Assessor's Parcel No.: 761-521-002 Thru 761-521-007 General Location: The Quarry -- Acreage 3.63 Acres 3xisting Zoning R-1-20,000 Related Cases TM 27728 Legal Description: (Give exact legal description as recorded in office of the County Recorder - May be attached) Lots 33-38, Inclusive of Tract 27728, Book 249/1-13, in the N 1/2 Sec 29, T6S R7E SBM ST II Proj-ect Background USE PZMT APPLICATION, City of La Quinta r II 5. Vhat original deed restriction(s), if any, concerning the type of improvement ntId) and class of uses permitted were placed on the property involved? (You may attach copy of original printed restrictions in answer to this question after properly underscoring those features governing the type of improvements and class of uses permitted thereby.) _ N/A Clive date restrictions expire. 6. When did present owner acquire the property? June 14 199, Month Day L IT III Protect Description RESIDENTIAL PROJECTS (If not residential, DO NOT answer.) 1. Number and type of duelling units (Specify number of bedrooms): 2. Schedule of unit sizes: 3. Humber of stories I Height feet. 4. Largest single building (Sq.7t.) I (Hgt.) 5. Type of household size expected (population projection for the project): 6. Describe the number and type of recreational facilities: USR p1mM APPLICATION, City of La Quinta T II 5. What original deed restriction(s), if any, concerning the type of iaprovenent ntId) and class of uses permitted were placed on the property involved? (Yon may attach copy of original printed restrictions in answer to this question after property underscoring those features governing the type of improvements and class of uses permitted thereby.) _ N/A Give date restrictions expire. 6. When did present owner acquire the property? June 14 199' mouth Day Z1 IT III Protect Description RBSIDZHTIAL PROJECTS (If not residential, DO NOT answer.) 1. Number and type of dwelling units (Specify number of bedrooms): 2. Schedule of unit sizes: 3. Number of stories Height feet. 4. Largest single building (Sq.Ft.) (Hgt.) 5. Type of household size expected (population projection for the project): 6. Describe the number and type of recreational facilities: 7. Is there any night lighting of the project? If no, please describe: 8. Range of sales prices or rents: *, to► 9. Area and percent of total project devoted to (if known): Building footprint 0 . . . . 0 . . . 0 O . . . . _Sq.Ft. Paving, including streets . . . . O . . 9 . 9 . 9 e eSq •n • USE PEMM APPLICATION, City of La quints. rt III COi'II=IAL, INDUSTRIAL, 331BUTtTPIONAL OR OTHRR PROJECTS )nt I d) 1. Type of uae(s) and major function(s). (If offices, specify type do number): 2. Number of square feet in total building areas 3. Number of square feet of building area devoted to each proposed use: 4. Number of stories Height feet 5. Largest single building (Sq.Ft.) 6. Humber of square feet in outdoor storage areas 7. Total number of required parking spaces Humber provided 8. Hours of operations 9. Maximum number of clients, patrons, shoppers, etc., at one times 10. Maximum number of employees at one time: ; number of fulltim employees ; number of part-time employees 11. If patron seating is involved, state the numbers 12. Is there any night lighting of the project? Zee No„M 13. Area and percent of total project devoted to: Building footprint . . . . . . . . . . . . . . . . . 1 Paving, including streets . . . . . . . . . . . Ft. Landscaping and open space (recreation) . . . . Ft. (Excluding right -of -vat's) Total project area . . . . . . . . . . Ft. s w �. r. w w s w w w w .� w w o w99:ja—L w a.. .,� — .,� w �,,,. vo w w� tgaature of Applicant Date*,271 athority for this application is hereby givens tgnature of Property Owner(a) Date (Written authority may be attached) CA I Case Number 9T .Z 9 9 Date Received -Zl-yS PLANNING & DEVELOPMENT DEPARTMENT Z C t 3 /GZ 'k ENVIRONMENTAL INFORMATION FORM Z SZb -r 3 Y 3- (.3 S� t / U ,o q, Zoo, 89 Please complete Parts I & II of this form and provide ALL ional materials requested in Part III. Failure to do so may delay the review and process of your project. If you are unable to provide the information, or you need assistance, please feel free to contact the Enviroranental Quality Section of the Planning Department at (619-564-2241 PART I. GENERAL INFORMATION 1. What is the total acreage involved? 3.63 Acres 2. Is there a previous application filed for the same site? _yes If "Yes", provide a Case Number. Also provide the Environmental Assessment Number, if known, and the Environmental Impact Repor, Number, if applicable. Case No. mR 27728 ( Parcel Map, Zone Change, Etc . ) EA No. 93-255 ( i f known) PART II. EXISTING CONDITIONS EIR No. (if applicable 1. Project site area 158, 166.324 SQF--/3 631 Acres (Size of property in square feet and acreage 2. Existing use of the project site Residential lots 3. Existing use on adjacent properties: (Example: North, Shopping Center; South, Single Family Dwellings; East, Vacant, etc.) North, Undeveloped State Park, South, East & West, Country Club with Golf Course - 4. Site topography (describe): (If any portion of the site exceeds slope, attach a topographic display of the proposal site; if le than 5% slope, please provide elevations at corners of site) NW - 55' SW 5' NE 20' SE 27' 5. Grading (Estimate number of cubic yards of dirt being moved): 2,500 C.Y. 6. Are there any natural or man-made drainage channel areas througl adjacent to the property? Yes No x (If "Yes" submit a disl of such drainage channel areas.) Describe the disposition of tl channels/areas should the proposal be implemented. 7. Are there any known archaeological finds near or on the propose4 site? Yes No x B. Describe any cultural or scenic aspects of the project site. A part of existing Quarry Golf Course development 9. Describe existing site vegetation and their proposed disposition should the proposal be approved. _ Entire site has been recently grade (If any significant plant materials, e.g., mature trees, exist on site, please prepare a site plan that illustrates their number, t,, size and location.) 10. Describe accessibility of proposal site to the following utilitil gas, water and electricity. (If proposal site does not have immediate access, further describe necessary extension of servic and provide a graphic display, 8 1/2 x 11" that indicates their present location in reference to the subject site). Site is currently served by all utilities 11. Additional comments you may wish to supply regarding your projec (Attach an additional sheet if necessary.) An addition of a varied product type within the Oaarry develo=nt PART III. ADDITIONAL MATERIALS The following items must be submitted with this form: 1. At least three (3) panoramic photographs (color prints) of the project site, or an aerial photo of the site. 2. A clear photocopy (Xerox or similar copy) of the appropriate portion of the US Geological Survey quadrangle map, delineatin the boundaries of the project site. Also note, the title of t map. I certify th t I have investigated the questions in Parts I, II, & III and the an s ar rue and correct to the best o y knowledge. Name & i le of Person Completing Form Signature of Applicant � LN t o i ,1� a \NON 1; �ilug.�n�" ;1�..� ir"1��,, 1"�,M, I� 1sh Ila in flulliff I �i� 1''1 oil I �ril1iU Ji U a a IrM ATTACHMENT MR t COACHELLA VALLEY POWER DIVISION 81-600 AVENUE 58 • P.O.BOX 1080 *LA QUINTA, CALIFORNIA 92253-1080 TELEPHONE (619) 398-581.1 • FAX (619) 398-5848 IIDPD-DDC May 4, 1995 s , r o'e Ms. Leslie Mouriquand J City of La Quinta t: i 78-495 Calle Tampico La Quinta, CA 92253 E Re: The Quarry - Tentative Tract 28189 Case No. 95-078 - IID File No. 651 r Dear Ms. Mouriquand: Review of the Quarry's plans has concluded it will impact electric service to the area. The cumulative impact of projects of this size increase the electrical demand on Imperial Irrigation District's (IID's) system. These demands impact existing facilities at peak loading periods, and result in the need for additional generation, transmission, substation, and distribution facilities. This added demand may also directly affect power rates in the IID's service area, possibly resulting in higher electric rates in future years. A Developer's Information Letter is enclosed which specifies IID's electrical requirements. Please pass this information along to the applicant. Thanks for the opportunity to provide input. If you should have any comments or concerns, please contact me at (619) 398-5818 or John Salas at 398-5834. Sincerely, THOMAS F. LYONS, JR., P.E. Senior Engineer Enclosure rg edq— RIVERSIDE COUNTY COMbi YRIVE,'2,y4 1 FIRE DEPARTMENT �Y � ,e„ J. M. HARRIS FIRE CHIEF To: City of La Quinta Planning Division Attn: Leslie Mouriquano 210 WEST SAN JACINTO AVENUE • PERRIS, CALIFORNIA 92570 • (909) 657-311 Re: Tentative Tract Map No. 28189 May 1, 1995 y , (Uno MAY 0 ^ 190" c1T PLAt,,.. With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with La Ouinta Municipal Code and/or Riverside County Fire Department protection standards: 1. Schedule A fire protection approved Super fire hydrants, (6" x 4" x 2 1/2 x 2 1/2") shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1000 gpm for 2 hours duration at 20 psi. 2. 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 shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." ❑ RIVERSIDE OFFICE 3760 12th Street, Riverside, CA 92501 (909) 275-4777 • FAX (909) 369-7451 -1- FIRE PREVENTION DIVISION PLANNING SECTION ❑ INDIO OFFICE 79-733 Country Club Drive, Suite F, Indio, CA 922C (619) 863-8886 9 FAX (619) 863-7072 printed on recycled paper' 3. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning Engineering Staff at (619) 863-8886. Sincerely, RAY REGIS Chief Fire Department Planner Tom Hutchison Fire Safety Specialist JP/th RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION Memorandum To: Leslie Mouriquand May 5, 1995 From: Lt. Denver Pittman Re: TT28189 The Sheriff's Department has no negative comments on this change. ATTACHMENT RESOLUTION 95- 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 95-299 PREPARED FOR TENTATIVE TRACT 28189 ENVIRONMENTAL ASSESSMENT 95-299 - WINCHESTER DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27th day of June, 1995, hold a duly noticed Public Hearing to consider the proposed Tentative Tract 28189; and, WHEREAS, The Planning Commission of the City of La Quinta, California, did approve the certification of the Environmental Assessment to the City Council; and, WHEREAS, said Tentative Tract 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 Initial Study Environmental Assessment 95-299; and, WHEREAS, the Community Development Director has determined that said use permit 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 certification of said Environmental Assessment: 1. The proposed tentative tract will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly. The proposed tentative tract will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 3. The proposed tentative tract does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals. 4. The proposed tentative tract will not result in impacts which are individually limited or cumulatively considerable. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: RESOPC.161 Planning Commission Resolution 95- 1. That the above recitations are true and correct and constitute the findings of the Commission for this environmental assessment. 2. That it does hereby recommend certification of Environmental Assessment 95.299 for the reasons set forth in this resolution and as stated in the attached Environmental Assessment Checklist and Addendum, labeled Exhibit "A". PASSED APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 27th day of June, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPC.161 ENVIRONMENTAL CHECKLIST FORM Environmental Assessment No. 95-299 Case No.: Tentative Tract 28189, Change of Zone 95-078, and Conditional Use Permit 95-020 Date: MAY 89 1995 Name of Proponent: THE QUARRY/WINCHESTER DEVELOPMENT Address: 41-865 Boardwalk, Suite 101, Palm Desert, CA Phone: 619-340-3575 Agency Requiring Checklist: CITY OF LA QUINTA Project Name (if applicable): THE QUARRY 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. X Land Use and Planning Population and Housing X Earth Resources Water Air Quality III. DETERMINATION. Transportation/Circulation Public Services Biological Resources Utilities ]Energy and Mineral Resources Aesthetics Risk of Upset and Human Health Cultural Resources Noise Recreation Mandatory Findings of Significance On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least, 1) one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards; and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a " potentially significant impact" or "potential significant unless mitigated. " AN ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Signature •` �.. "' ,�. t Date Printed Name and Title: LESLIE J. MOURIQUAND, Associate Planner For: THE CITY OF LA QUINTA i Potentially Potentially Significant less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.1. LAND USE AND PLANNING. Would the project: a) Conflict with general plan designation or zoning? X (source #(s): b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X c) Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? X d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X 3.2. POPULATION AND HOUSING. Would the project: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X 3.3. EARTH AND GEOLOGY. Would the project result in or expose people to potential impacts involving: a) Fault rupture? X b) Seismic ground shaking? X c) Seismic ground failure, including liquefaction? X d) Seiche, tsunami, or volcanic hazard? X e) Landslides or mudflows? X f) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X g) Subsidence of the land? X h) Expansive soils? X i) Unique geologic or physical features? X Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.4. WATER. Would the project result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X b) Exposure of people or property to water related hazards such as flooding? X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity? X d) Changes in the amount of surface water in any water body? X e) Changes in currents, or the course or direction of water movements? li 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? X g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? X 3.5. AIR QUALITY. Would the project: a) Violate any air quality standard to contribute to an existing or projected air quality violations? X b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectional odors? X iii Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.6. TRANSPORTATION/CIRCULATION. Would the project result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses? X d) Insufficient parking capacity on site or off site? X e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts? X 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? X b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? X iv Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact d) Wetland habitat (e.g. marsh, riparian and vernal pool)? X e) Wildlife dispersal or migration corridors? X 3.8. ENERGY AND MINERAL RESOURCES. Would the project: a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient manner? X 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)? X b) Possible interference with an emergency response plan or emergency evacuation plan? X c) The creation of any health hazard or potential health hazards? X d) Exposure of people to existing sources of potential health hazards? X e) Increased fire hazard in areas with flammable brush, grass, or trees? X 3.10. NOISE. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X 3.11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X v Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X 3.12. UTILITIES. Would the proposal result in a need for new systems, or substantial alternations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution facilities? X d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X 3.13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? X b) Have a demonstrable negative aesthetic effect? X c) Create light or glare? X 3.14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X c) Affect historical resources? X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? X e) Restrict existing religious of sacred uses within the potential impact area? X Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks of other recreational facilities? X b) Affect existing recreational opportunities? X 4. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the Potential to degrade the quality of the environmental, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). X d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X 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 addressed. 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. vii INITIAL STUDY - ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 95-299 Prepared for: Winchester Development La Quinta, California Prepared by: City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92253 May 26, 1995 4 TABLE OF CONTENTS Section Page 1 INTRODUCTION 4 1.1 Overview of the Proposed Project 4 1.2 Purpose of Initial Study 4 1.3 Background of Environmental Review 5 1.4 Summary of Preliminary Environmental Review 5 2 PROJECT DESCRIPTION 5 2.1 Project Location and Environmental Setting 5 2.2 Physical Characteristics 5 2.3 Operational Characteristics 5 2.4 Objectives 6 2.5 Discretionary Actions 6 2.6 Related Projects 6 3 ENVIRONMENTAL ANALYSIS 6 3.1 Land Use and Planning 7 3.2 Population and Housing 8 3.3 Earth Resources 10 3.4 Water 13 3.5 Air Quality 16 3.6 Transportation/Circulation 18 3.7 Biological Resources 20 3.8 Energy and Mineral Resources 22 3.9 Risk of Upset/Human Health 22 3.10 Noise 24 3.11 Public Services 25 3.12 Utilities 27 3.13 Aesthetics 29 3.14 Cultural Resources 30 3.15 Recreation 33 MANDATORY FINDINGS OF SIGNIFICANCE 33 EARLIER ANALYSES 34 4 SECTION 1: INTRODUCTION 1.1 OVERVIEW OF THE PROPOSED PROJECT The purpose of this Initial Study is to identify the potential environmental impacts of the proposed tentative tract, change of zone, and elimiation of an existing conditional use permit for property located in The Quarry development south of Avenue 58 and east of Jefferson Street. The existing lots are designated as lots 33-38, inclusive of Tract 27728, Book 249/1-13, in the north half of Section 29, Township 6 south, Range 7 east, SBBM. The City of La Quinta is the Lead Agency for the project review, as defined by Section 21067 of the California Environmental Quality Act (CEQA). 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 approve the land division. 1.2 PURPOSE OF INITIAL STUDY As part of the environmental review for the land acquisition, 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 proposed acquisition and development of the land. The purposes of the Initial Study, as stated in Section 15063 of the CEQA Guidelines, include the following: • To provide the Agency with information to use as the basis for deciding whether to prepare and environmental impact report (EIR) or a Negative Declaration for the acquisition and future development; • To enable the applicant or the City of La Quinta to modify the project, mitigating adverse acts before an EIR is prepared, thereby enabling the project to qualify for a mitigated negative declaration of environmental impact; • To assist the preparation of an EIR, should one be required, by focusing the analysis on those issues that will be adversely impacted by the proposed 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 acquisition was deemed subject to the environmental review requirements of CEQA in light of the intended future development of the parcels by the City of La Quinta. The Environmental Officer for the Community Development Department prepared this Initial Study and addendum for review and certification by the City Council for the City of La Quinta. 1.4. SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT This initial study indicates that there is a potential for adverse environmental impacts on some of the issue areas contained in the Environmental Checklist. Mitigation measures have been recommended which will reduce potential impacts to insignificant levels. As a result, a Negative Declaration of Environmental Impact will be recommended for this project. An EIR will not be necessary. SECTION 2: PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING The City of La Quinta is a 31.18 square mile municipality located in the southwestern portion of the Coachella Valley. The City is bounded on the west by the City of Indian Wells, on the east by the City of Indio and Riverside County, on the north by Riverside County, and federal lands to the south. The City of La Quinta was incorporated in 1982. 2.2 PHYSICAL CHARACTERISTICS The proposed subdivision will consist of a total of 3.63 acres of residentially designated land for development of single family homes. The proposed subdivision and subsequent development will be financed by private funds. The applicant is requesting the creation of 11 lots from 6 existing lots, with the minimum lots size to be 10,000 square feet. The existing lots have been graded for development and as such are relatively flat in topography. roads and infrastructure improvements have been installed with the initial development of The Quarry. 2.3 OPERATIONAL CHARACTERISTICS The subdivision is for the purpose of future development of single family homes. The future homes will be a part of The Quarry, a private resort country club development. It is anticipated that future owners of the proposed lots will be required to pay association or property owners dues for the maintenance of the development and infrastructure. All of the roads within The Quarry are private. 0 2.4. OBJECTIVES The objectives of the proposed land subdivision is to create smaller estate lots within an exisitng private country club development, that will be for sale for profit by the developer. 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 subdivision will require discretionary approval from the Planning Commission and City Council. Development of custom homes would require architectural review by the Community Development Staid while any proposed production homes would require review and approval by the Planning Commission. • Tentative Tract Map - The proposed project will be required to obtain approval prior to submitting a Final Map for review and approval by the Planning Commission and the City Council; and, • Approval of Final Tract Map - The City Council must approve a Final Map prior to recordation of the map with the County Recorder; and, • Architectural Plot Plan Approval - The exterior architectural design and materials must be approved by the Planning Commission prior to issuance of building permits for any proposed production homes; and, • Certification of the environmental review process and determination for the project. 2.6 RELATED PROJECTS Other existing residential developments near the proposed project consist of PGA West. Related projects to the proposed subdivision are the previously developed sections of The Quarry which include a golf course, clubhouse, and custom residential lots and homes. It is possible that there will be additional applications for changes to the undeveloped portions of The Quarry. SECTION 3: ENVIRONMENTAL ASSESSMENT This section analyzes the potential environmental impacts associated with the subdivision and future development. 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 7 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. Topographical 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 Mountains, the Santa Rosa Mountains, the Orocopia Mountains, and the San Bernardino Mountain range. The San Andreas fault transects the northeastern edge of the valley. Local Environmental Setting The proposed acquisition site is located to the east of Adams Street, and north of Avenue 48. Three parcels are included in the acquisition. The land is vacant, undeveloped sand dune environment. The sand dunes are stable dunes with mesquite substructures. A. Would the project conflict with the general plan designation or zoning? Potentially Signfificant Unless Mitigated. The parcels are zoned R-1-20,000 (Single Family Residential with minimum lot sizes of 20,000 square feet), and designated as Low Density Residential (LDR) on the General Plan. The permitted density is 2 to 4 dwelling units per one acre. The current zoning designation will need to be amendment to permit the requested lot size. Adjacent land use designtions consist of Low Density Residential (LDR) and Golf (G) to the south and west; Hillside Conservation (HQ to the northwest; and Low Density Residential (LDR) to the east. Adjacent zoning designtations consist of The adjacent land use designations and zoning classifications are compatible with the proposed subdivision. B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? No Impact. The City of La Quinta has jurisdiction over this project. The primary environmental plans and policies related to development on site are identified in La Quinta's General Plan, the General Plan EK and the Master Environmental Assessment for the City. C. Would the project affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? 8 No Impact. No agricultural lands are located on the site. The La Quinta General Plan does not contain an agricultural land use designation although there are agricultural land uses extant in the south and southeastern portion of the City. Historically, there has been some farming activity in the northcentral section of the City. The property involved in this project does not appear to have been disturbed by any type of farming activity. There are no existing agricultural producing activities within or adjacent to the proposed project site. Thus, no impact on agricultural resources or operations will result from the proposed project. (Sources: La Quinta General Plan; Zoning Ordinance; Site Survey) D. Would the project disrupt or divide the physical arrangement of an established community (including a low-income minority community)? No Impact. The project site will be developed with residential units as planned for by the City's General Plan and the Specific Plan for The Quarry. The nearest residential land uses are located to the south and west of the parcels. The future development of these parcels will not disrupt or divide this community. The future development will not affect the physical arrangement of existing neighborhoods in the southern sector of La Quinta. (Sources: Site Survey; Proposed Site Plan) 3.2 POPULATION AND HOUSING Regional Environmental Setting Between 1980 and 1990, the population of La Quinta expanded 125%, as reported by the U.S. Census, making it the second fastest growing city in the Coachella Valley. The number of city residents blossomed from 4,992 to 11, 215. La Quinta's share of the entire valley population increased fro, 3.7% in 1980 to 5.1 % in 1990. These figures are based upon information provided by the U.S. Census Bureau, the State Department of Finance, and the Coachella Valley Association of Governments (CVAG). The City's population as of January, 1994, is estimated by the State Department of Finance to be 16,634 persons. This is an increase of 208% in the last ten years. In addition to permanent residents, the City has approximately 8,000 seasonal residents who spend three to six months in the City. It is estimated that 30% of all housing units in the City are used by seasonal residents. The average occupancy is 2.5 person per unit. The housing stock as of 1993 is listed at 7,755 single family units, 481 multi -family units, and 247 mobile homes, for a total of 8,483 units. Ethnicity information from the 1980 Census, for the area that is now the City of La Quinta revealed that 80.8% of the La Quinta resident population as caucasian, 14.7% as Hispanic, 2.3% as Afro-American, 1.1% as Asian, and . 5 % as Native American. The results of the 1990 census show a mix of 70% Caucasian, 26% Hispanic, 1.6% Afro-American, 1.5 As Asian, and 1.0% Native American. The most current information available on employment of La Quinta residents is from the 1980 Census. At that time, almost 57% of the La Quinta work force worked at white N collar jobs, while 43% were in blue collar occupations. Among those in white collar jobs, 16.4% were professional/technical positions, 13.3% were in managerial positions, 14.0% were in clerical positions and 13.0% were in sales. For blue collar workers, 15.6% were in crafts, 4.1% were machine operators, assemblers, and inspectors, 14.2% were in service dubs, 3.8% were laborers, and 5.6% did farm work. Major employers in La Quinta include the La Quinta Hotel and Resort, PGA West, Von's, Simon Motors, City of La Quinta, WalMart, Albertson's, and Ralph's. For planning purposes, the Southern California Association of Governments has projected employment, housing, and population for cities that make up the SCAG region. A key objective of SCAG's Growth Management Plan is to achieve jobs/housing balance within each subregion that makes up the larger SCAG planning area. The ideal jobs/housing balance ratio, according to SCAG is 1.27 jobs for every housing unit in 1984 and 1.22 in the year 2010. Jobs -rich (housing -poor) regions have ratios greater than the regional average while housing -rich regions have ratios less than the regional average. Local Environmental Setting The project site is currently six vacant lots with no housing units or other structures on them. The lots are within a partially developed private country club. The total project population is very low as there are only 60 existing lots within The Quarry. A. Would the project cumulatively exceed official regional or local population projections? No Impact. The future development envisioned for the proposed 11 lots will result in the uthmate construction of 11 new single family homes. Future residents of these new homes would probably not exceed 30 people. Temporary construction jobs will be created as the homes are built. (Source: SCAG Growth Management Plan) B. Would the project induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? No Impact. The creation and development of 11 single family lots will be within an existing gated country club. Thus, the intended development for this project will not make an impact in the area as infrastructure has already been constructed. C. Would the project displace existing housing, especially affordable housing? No Impact. No existing residential units are located on the project site. The future development plan is to construct single family homes utilizing private funds. The proposed project would not result in the displacement or removal of any existing housing units as there are none. (Source: Site Survey) 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quinta has a relatively flat topography, except for the hillside area on the southern portion of the City, and the sloping Cove area. The City has elevations of 1,400 feet above msl in the northeastern section. Slopes on the valley area of the City are gentle, except in the sand dune areas. The alluvial soils that make up most of the City are underlain by igneous -metamorphic rock, as seen in outcrops in the Santa Rosa Mountains and the Coral Reef Mountains. Soils on the valley floor are made up of very fine grain unconsolidated silty sands in most areas. Local Environmental Setting The area where the six lots are located is in a newly developing part of the City. A review of historical aerial photographs indicates that the site has never been developed, except for the operation of a gravel quarry for many years. The elevation of the site ranges from sea level to approximately 500 feet above msl. Foothills provide local relief. There is an inferred fault line transecting the center of the parcels. There has been no recorded fault activity, thus there is a low probability for such activity. The City of La Quinta lies in a seismically active region of Southern California. Faults in the area include the San Andreas fault located several miles to the north, and two inferred faults transecting the southern section of the City. A. Would the project result in or expose people to potential impacts involving seismicity: fault rupture? Less Than Significant Impact. There is an inferred fault line transecting the parcels. This fault is considered potentially active, although no activity has been recorded for the lass: 10,000 years. A major earthquake along the fault would be capable of generating seismic hazards and strong groundshaking effects in the area. None of the inferred faults in La Quinta have been placed in an Alquist-Priolo Special Studies Zone. All homes developed on the parcels would be constructed to current UBC seismic standards in order to mitigated this risk to the extent feasible. (Source: Riverside County Comprehensive General Plan; City of La Quinta General Plan; City of La Quinta Master Environmental Assessment) B. Would the project result in or expose people to potential impacts involving seismic ground shaking? 11 Potentially Significant Unless Mitigated. The proposed residential project will be subject to groundshaking hazards from regional and local earthquake events. The proposed project will bring people to the site who will be subject to these hazards. The Riverside County Comprehensive General Plan indicates that the parcels are within Groundshaking Zone III. Any homes constructed will be required to meet current seismic standards to reduce, or mitigate to the extent feasible, the risk of structural collapse. C. Would the project result in or expose people to potential impacts involving seismicity: ground failure or liquefaction? Less Than Significant Impact. The proposed project site is not anticipated to be subject to ground failure hazards from earthquake or other events. The La Quinta General Plan indicates that the project site is not within a recognized liquefaction hazard area. The majority of the City has a very low liquefaction susceptibility due to the fact that ground water levels are generally at least 100 feet below the ground surface. (Source: La Quinta MEA; Riverside County Comprehensive General Plan) D. Would the project result in or expose people to potential impacts involving seismicity: seiche or tsunami or volcanic hazard? No Impact. The City is located inland from the Pacific Ocean and would not be subjected to a tsunami. Lake Cahuilla, a man-made reservoir located in the southeast portion of the City, might experience some moderate wave activity as a result of an earthquake and groundshaking. However, the lake is not anticipated to affect the City in the event of a levee failure or seiche. E. Would the project result in or expose people to potential impacts involving landslides or mudslides? No Impact. The terrain within the project is that of graded and leveled lots within a cove development. The parcels are a short distance away from hillsides, but are distant enough to not be impacted by landslides or mudslides, nor cause slides to occur. F. Would the project result in or expose people to potential impacts involving erosion, changes in topography or unstable soil conditions from excavation, grading or fill? Less Than Significant Impact. The soils on the site and geotechnical studies done in the project vicinity show that the site is underlain by alluvial deposits of Pleistocene age. The soils on the site consist of Carsitas Gravelly Sand (CdQ and Riverwash (RA). The CdC and RA soil types are commonly found on alluvial fans and stream beds. The CdC soil is found on slopes between 0 and 9% on alluvial fans. Runoff is slow and the erosion hazard is moderate. The hazard of blowing soil is slight. This soil is used for homesites, 12 recreation, and agriculture. The taxonomic class for this soil is mixed, hyperthermic Typic Torrispamments. The RA soil type is found in intermittant stream beds. The soil is stratified, water - deposited, stony, cobbly and gravelly coarse sand. Runoff is medium; the erosion hazard is slight. However, the hazard of soil blowing is high. (Source: U.S.D.A. Soil Conservation Service Soil Survey of Riverside County, California- Coachella Valley Area) The future project will involve minimal grading activities. The existing topography of the six lots is flat prom previous mass and final grading activities.. Compliance with approved grading plans and geotechnical studies for the project will ensure structural integrity of development on the site. G. Would the project result in or expose people to potential impacts involving subsidence of the land? Less Than Significant Impact. The parcels to be subdivided are not located in an area which is considered to have subsidence hazards, according to the La Quinta MEA. Dynamic settlement result in geologically seismic areas where poorly consolidated soils mix with perched groundwater causing dramatic decreases in the elevation of the ground. The six lots are not located within the area that has been identified as having this potential hazard (Source: La Quinta MEA) H. Would the project result in or expose people to potential impacts involving expansive soils? No Impact. The underlying soils on the parcels do not have a potential for expansion; thus, construction of residential units is not expected to be subject to problems from soil expansion. The City requires compliance with the Uniform Building Code and the recommendations of a soils investigation report prior to approval of building permits. (Sources: USDA Report and General Soils Map for the Coachella Valley) I. Would the project result in or expose people to potential impacts involving unique geologic or physical features? No Impact. The Coral Reef Mountains and the Santa Rosa Mountains represent unique geologic features in the La Quinta area. These unique geologic features are not located in or near the project site and will not be affected by the proposed project. (Sources: USGS La Quinta Quadrangle; Site survey) 13 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. La Quinta is located above the Coachella Valley Groundwater Basin which is the major supply of water for the potable water needs of the City as well as a significant supply for the City's nonpotable irrigation needs. Water is pumped from the underground aquifer via thirteen wells in the City operated and administered by the Coachella Valley Water District (CVWD). La Quinta is located primarily in the lower thermal Subarea of the groundwater basin. The Thermal Subarea is separated into the upper and lower valley sub -basins near Point Happy, located southwest of the intersection of Washington Street and State Highway 111. CVWD estimates that approximately 19.4 million acre feet of water is stored within the Thermal Subarea which is available for use. Water pumped from the aquifer is treated to federal drinking water standards and distributed to users through the existing potable water distribution system. Water is also pumped for irrigation purposes to water golf courses and the remaining agricultural uses in the City. Water supplies are augmented with surface water from the Colorado River transported via the Coachella Canal. The quality of water in the La Quinta area is highly suitable for domestic purposes. However, chemicals associated with agricultural production in nearby areas and the use of septic tanks in the Cove area affect groundwater quality in the area. Groundwater is of marginal to poor quality at depths of less than 200 feet. Below 200 feet, water quality is generally good and water depths of 400 to 600 feet is considered excellent. Percolation from the tributaries of the Whitewater River flowing into La Quinta from the Santa Rosa Mountains provide a natural source of groundwater replenishment. Artificial recharging of groundwater will be a requirement in the near future. Suirface water in La Quinta is comprised of Colorado River water supplied via the Coachella Canal and stored in Lake Cahuilla; lakes in private developments which are comprised of canal water and/or untreated ground water; and the Whitewater River and its tributaries. The watersheds in La Quinta are subject to intense storms of short duration which result in substantial runoff. The steep gradient of the Santa Rosa Mountains accelerates the runoff flowing in the intermittent streams that drain the mountain watersheds. One of the primary sources of surface water pollution is erosion and sedimentation from development construction and operation activities. Without controls total dissolved solids (T1DS) can increase significantly from the development activities. The Clean Water Act M requires all communities to conform to standards regulating the quality of water discharged into streams, including stormwater runoff. The National Pollutant Discharge Elimination/system (NPDES) has been implemented as a two-part permitting process, for which the City of La Quinta is participating in completing permitting requirements. Laval Environmental Setting The project site does not have any natural standing water. Lake Cahuilla, a man-made reservoir is located to the northeast. The Whitewater River channel is located over 5 miles to the north of the parcels, but is dry except during seasonal storms. The City has limited areas which are subject to storm water flow or flooding. Flood prone areas within the City are designated with a specific zoning district (Watercourse, Watershed and Conservation Areas, W-1). The intent of the zoning district is to allow development in flood prone areas based upon the submittal of a drainage and stormwater control plan. The City also implements flood hazard regulations for development within flood prone areas. A. Would the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Less Than Significant Impact. A drainage plan has been approved for the entire development at The Quarry. The drainage capacity consists of retention of a 250 year storm plus an additional 100 year storm the next day. (Source: City Engineering Department) B. Would the project result in exposure of people or property to water -related hazards such as flooding? Less Than Significant Impact. The site is not within a designated flood hazard area. The site is protected by on -site flood and drainage facilities. (Source: Development plans; site survey) C. Would the project result in discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Less Than Significant Impact. Runoff from the parcels will be directed into in on -site drainage facilities. There are no bodies of surface water on or adjacent to the parcels. Yhere are man-made water features on the golf course and Lake Cahuilla is located nearby to the northeast of the lots. (Source: Quarry Development plans; site survey) D. Would the project result in changes in the amount of surface water in any water body? 15 No Impact. There are no bodies of surface water on the subject lots. Although an increase in runoff volume will occur, this increase is not expected to impact surface water. The size of the project represents only a very small percentage of the drainage tributary area for the City. (Source: Site Survey) E. Would the project result in changes in currents, or the course or direction of water movements? No Impact. The City of La Quinta does not have any natural substantial bodies of water or rivers. There are many small man-made lakes and ponds on golf courses within the City. The La Quinta Evacuation Channel is a man-made stormwater channel that is usually dry except for runoff from seasonal storms. (Source: Site Survey, La Quinta MEA) F. Would the project result in changes in quantity of ground waters, either through direct additions or withdrawl, or through interception of an aquifer by cuts or by excavations? Less Than Significant Impact. Water supply in the City is derived from groundwater and supplementary water brought in from the Colorado River. Future development on the proposed 11 lots will consist of single family residential units. Potable water will come from groundwater wells in the near vicinity. The existing unit demand for potable water is 315 Gal./DU/Day. G. Would the project result in altered direction or rate of flow of groundwater? No Impact. The subdivision will have not have a significant effect on groundwater wells. However, they will have a cumulative effect. It is not anticipated that there will be any alteration to the direction or rate of flow of the groundwater supply. There will be no deep cuts that would impact the groundwater supply. H. Would the project result in impacts to groundwater quality? No Impact. Future development of the parcels will include concrete and asphalt pavement of portions of the project site. This pavement will reduce the absorption ability of the ground. Storm water runoff will be discharged into an on -site storm drain. Crankcase oil, hydrocarbons, and other particulate and liquid contaminates may be deposited on the pavement from parked vehicles. Following a heavy rain, these contaminates could be transported into the nearby storm darin and could contribute to groundwater and/or surface water pollution. 16 3.5 AIR QUALITY Regional Environmental Setting The Coachella Valley is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD), and in particular the Southeast Desert Air Basin (SEDAB). SEDAB has a distinctly different air pollution problem than the South Coast Air Basin (SCAB). A discussion of the jurisdictional organization and requirements is found in the La Quinta MEA. The air quality in Southern California region has historically been poor due to the topography, climatological influences, and urbanization. State and federal clean air standards established by the California Air Resources Board and the U.S. Environmental Protection Agency (EPA) are often exceeded. The SCAQMD is a regional agency charged with the regulation of pollutant emissions and the maintenance of local air quality standards. The SCAQMD samples air quality at over 32 monitoring stations in and around the Basin. According to the 1989 South Coast Air Quality Management Plan, SEDAB experiences poor air quality, but to a lesser extent than the SCAB. Currently, the SEDAB does not meet federal standards for ozone, carbon monoxide, or particulate matter. In the Coachella Valley, the standards for PM 10 is frequently exceeded. PM-10 is particulate matter 10 microns or less in diameter that becomes suspended in the air due to winds, grading activity, and by vehicles on unpaved roads, among other causes. Local Environmental Setting The City of La Quinta is located in the Coachella Valley, which has an and climate, characterized by hot summers, mild winters, infrequent and low annual rainfall, and low humidity. Variations in rainfall, temperatures, and localized winds occur throughout the valley due to the presence of the surrounding mountains. Air quality conditions are closely tied to the prevailing winds of the region. The City of La Quinta is subject to the SCAQMD AQMP, a plan which describes measures to bring the SCAB into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The General Plan for the City contains an Air Quality Element outlining mitigation measures as required by the Regional AQMP. The City is located within Source Receptor Area (SRA) 30, which includes two air quality monitoring stations, one located in the City of Palm Springs and one in the City of Indio. The Indio station monitors conditions which are most representative of the La Quinta area. The station has been collecting data for ozone and particulate since 1983. The Palm Springs station monitors carbon monoxide in addition to ozone and particulate and has been in operation since 1985. 17 A. Would the project violate any air standard or contribute to an existing or projected air quality violation? Less Than Significant Impact. There will be some pollutants as a result of vehicular traffic during the construction phases of the lots and from residents of the future homes. According to the SCAQMD CEQA Air Quality Handbook, Table 6-2, single family residential land use threshold is 170 units. Thus, there would be an insignificant air quality inq)act. The Significance Emission Thresholds established by the District consist of the following: 55 pounds per day of ROG 55 pounds per day of Nox 274 pounds per day of CO 150 pounds per day of PM 10 150 pounds per day of Sox State 1-hour or 8-hour standard for CO Projects that exceed the above thresholds with daily operation -related emissions (averaged over a 7-day week) that exceed the above emission thresholds are considered to be significant. B. Would the project expose sensitive receptors to pollutants? Less Than Significant Impact. Sensitive Receptors include schools, day care centers, parks and recreation areas, medical facilities, rest homes, and other land uses that include concentrations of individuals recognized as exhibiting particular sensitivity to air pollution. The adjacent land uses consist of residential and golf development to the south and west, a county camp ground and reservoir to the northeast, undeveloped hillsides to the northwest. The closest school is the La Quinta High School located southeast of the intersection of Dune Palms Road and Westward Ho Drive, which is over 5 miles to the north of the parcels. The closest existing park is the Lake Cahuilla County Park located to the northeast. 'There are no known day care centers, medical facilities, or rest homes in the near vicinity of the parcels. (Source: La Quinta General Plan; Site Survey) C. Would the project alter air movements, moisture, temperature, or cause any change in climate? 18 No Impact. The proposed acquisition and future development of up to 11 single family homes is not anticipated to result in any significant impact upon this issue area. All proposed homes will be required to meet height and setback requirements, maintaining the low profile and density of single family homes. Two-story units may be proposed for construction. Moisture content may increase as yards are planted and irrigated. Swimming pools would add to the moisture index of the area. There are no significant climatic changes anticipated with the future development of the 11 lots. D. Would the project create objectionable odors? No Impact. The proposed subdivision will not be involved in activities which may create objectionable odors, such as waste hauling or the chemical products. Vehicles traveling on nearby streets generate gaseous and particular emissions that may be noticeable on the project site. However, these will be short term odors. (Sources: Site Survey) 3.6 TRANSPORTATION/CIRCULATION Regional Environmental Setting La Quinta is a desert community of over 16,000 permanent residents. The City is 31.18 square miles in size, with substantial room for development. The existing circulation system is a combination of early roadwork constructed by Riverside County and new roadways since incorporation of the City in 1982. Key roadways include State Highway 111, Washington Street, Jefferson Street, Fred Waring Drive, and Eisenhower Drive. Traffic volumes in La Quinta experience considerable seasonal variation, with the late - winter, early spring months representing the peak tourist season and highest traffic volumes. High traffic volumes and out -dated geometrics contribute to the relatively high incidence of automobile accidents at the intersection of Washington Street and State Highway 111. Existing transit service in La Quinta is limited to three regional fixed -route bus routes operated by Sunline Transit Agency. One bus route along Washington Street connects the Cove and Village areas with the community of Palm Desert to the west. Two lines operate along Highway 111 serving trips between La Quinta and other communities in the desert. There are some existing pedestrian, bicycle and equestrian facilities in La Quinta, however, these systems are to be completed as the city grows. Local Environmental Setting The proposed lots are located within a private gated community with an 18-hole golf course. 19 The current average daily traffic flows for Avenue 58, which at its western extension is veuy near Quarry Lane, the entrance to the Quarry project, is 740 vehicles west of Madison Street.The evening peak hour traffic volumes for Avenue 58, west of Madison Street is 9. The year 2000 ambient daily traffic volume for Avenue 58, west of Madison Street, is 3,228 vehicles, assuming that recently approved Green Specific Plan and Travertine Specific Plan are both built. (Source: Travertine and Green Specific Plan Environmental Impact Report) A. Would the project result in increased vehicle trips or traffic congestion? Less Than Significant Impact. The future development of 11 single family units is forecasted to generate a daily average two-way traffic volume of 110 trips. The A.M. Generated Peak Hour Total trips is 9, and the P.M. Generated Peak Hour Total is 11 trips. B. Would the project result in hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? No Impact. There are currently no hazards from design features in the roadways, and none are proposed. Automobile, golf cart, and motorcycle traffic are the only types of vehicles that typically use the surrounding private roadways. C. Would the project result in inadequate emergency access to nearby uses? No Impact. The future project would not be permitted to obstruct emergency access to surrounding land uses. This requirement would be made a part of the project conditions of approval. D. Would the project result in insufficient parking capacity on -site or off -site? No Impact. Parking will be provided for each future housing unit with at least a two -car garage and two tandem parking spaces in the drive way. On -street parking will also be available. E. Would the project result in hazards or barriers for pedestrian or bicyclists? No Impact. The south side of Avenue 58, west of Madison Street, is a designated bikeway corridor. It extends into the Lak Cahuilla County Park area. It is anticipated that hazards to bicyclists and pedestrians will be minimal as a result of the proposed 11 lots.(Source: La Quinta General Plan) F. Would the project result in conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? No Impact. There is no existing City policy or ordinance that directs that residential developments be required to install bicycle racks. G. Would the project result in rail, waterborne or air traffic impacts? No Impact. There is no rail service in the City of La Quinta. There are no navigable rivers or waterways, or air travel lanes within the City. Thus, there will be no impacts upon these issues. (Source: La Quinta General Plan) 3. t 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 La Quinta Master Environmental Assessment. Local Environmental Setting The project site is located in the Sonoran Desert Scrub. Typically, undeveloped land within this ecosystem is rich in biological resources and habitat. The Sonoran Desert Scrub ecosystem is the most typical environment in the Coachella Valley. It is generally categorized as containing plants which have the ability to economize water uses, go dormant during periods of drought, or both. Cacti are very common in these areas due to their ability to store water. Other plants root deeply and draw upon water from considerable depths. The variations of desert vegetation result from differences in the availability of water. The most dense and lush vegetation in the desert is found where groundwater is most plentiful. The Sonoran Scrub areas are considered habitat for a number of small mammals. These animals escape the summer heat through their nocturnal and/or burrowing tendencies. Squirrels, mice and rates are all common rodent species in this environment. The black - tailed hare is a typical mammal. Predator species include kit fox, coyote, and mountain lion in the higher elevations. The largest mammal species found in this area is the Peninsular Big Horn sheep which is found at the higher elevations of the Santa Rosa and San Jacinto Mountain ranges. Birds and amphibians/reptiles can also be found in the Sonoran Scrub area. 21 The proposed lots are vacant. There is a sparse scattering of secondary growth vegetation (grasses) on the lots that is typical of disturbed areas. There are no significant biological resources on the proposed lots or adjacent to them (Sources: Site Survey: La Quinta MEA) A. Would the project result in impacts to endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? No Impact. The parcels are not located within any designated endangered or threatened species habitat. Thus there is no impact to this issue area. (Source: La Quinta MEA) B. Would the project result in impacts to locally designated species (e.g. heritage trees)? No Impact. There are no locally designated biological resources within the City of La Quinta. All significant biological resources are designated by the California Department of Fish and Game or the US Fish and Wildlife Service. (Sources: La Quinta MEA; Site Survey) C. Would the project result in impacts to locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? No Impact. There are no locally designated natural communities found on or near the parcels. Some of the surrounding parcels are developed with homes, a golf course, or roadways. The parcels have been distrubed by grading activities. 9Source: Site Survey) D. Would the project result in impacts to wetland habitat (e. g. marsh, riparian, and vernal pool)? No Impact. There are no natural wetlands, marshes, riparian communities, or vernal pools on the subject parcels or nearby. Thus, there is no impact to these issue areas. (Source: La Quinta MEA; Site Survey) E. Would the project result in impacts to wildlife dispersal or migration corridors? No Impact. Their are no known wildlife corridors on or adjacent to the parcels. (Source: La Quinta MEA) 22 3.8 ENERGY AND MINERAL RESOURCES Regional Environmental Setting The City of La Quinta contains both areas of insignificant and significant Mineral Aggregate Resource Area (SMARA), as designated by the State Department of Conservation. There are no known oil resources in the City. Major energy resources used in the City come from the lmperial Irrigation District (RD), Southern California Gas Company, and gasoline companies. Local Environmental Setting There are no oil wells or other fuel or energy producing resources on the proposed project site. While the parcels are undeveloped, they are not a source of soil or gravel. The parcels are located within MRZ-3, a designation for those areas containing mineral deposits the significance of which can not be determined from available data. (Source: La Quinta MEA) A. Would the project conflict with adopted energy conservation plans? No Impact. The City of La Quinta does not have an adopted energy plan. However, the City does have a Transportation Demand Management ordinance in place that focuses on the conservation of fuel. The Housing Element contains Tequirements for efficiency in housing construction and materials, thus reducing energy consumption. Future development will be required to meet Title 24 energy requirements. No other mitigation is required for this issue. B. Would the project use non-renewable resources in a wasteful and inefficient manner? Less Than Significant Impact. Natural resources that may be used by this future project include air, mineral, water, sand and gravel, timber, energy, and other resources needed for construction. Future development will be required to meet Title 24 energy requirements for energy conservation. Any landscaping will also be required to comply with the landscape water conservation ordinance as well as the requirements of the Coachella Valley Water District. Soil resources include Carsitas Gravelly Sand and Riverwasb. (Source: La Quinta MEA) 3.9 RISK OF UPSET/HUMAN HEALTH Regional Environmental Setting 23 Recent growth pressure has dramatically increased the Ciity's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in food, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not located in La Quinta, the existence of chemicals utilized in dry cleaning operations, agricultural operations, restaurant kitchen cleaning, landscape irrigation and exposure to large scale electrical facilities may pose significant threats to various sectors of the population. Currently, there are no hazardous disposal waste sites located in Riverside County, although transportation of such materials out of, and around, La Quinta takes place. Local Environmental Setting In order to comply with AB 2948-Hazardous Waste: Management Plans and Facility Siting Procedures, the City of La Quinta adopted Ordinance 184 consisting of a Hazardous Waste Management Plan. The parcels have not been used for any type of manufacturing in the recent past. The Quarry development was used as a gravel quarry for many years prior to it being developed. A. Would the project involve a risk of accidental explosion or release of hazardous substances (including, but not limited to oil, pesticides, chemicals, or radiation)? Less Than Significant Impact. There is a minimal risk from pool chemicals and pesticides that may be used by residents of the future development. No other risks are anticipated by the land division or possible future development of the lots. B. Would the project involve possible interference with an emergency response plan or emergency evacuation plan? No Impact. Construction activities will be confined to the parcels, except for minimal off - site work as is necessary for project accesses, curbs and gutters. These activities will not interfere with emergency responses to the site or surrounding areas nor will it obstruct emergency evacuation of the area. (Source: Site Plan) C. Would the project involve the creation of any health hazard or potential health hazards? No Impact. There are no anticipated health hazards associated with projected future development of the parcels. (Source: Site Plan) D. Would the project involve exposure of people to existing sources of potential health hazards? 24 No Impact. There are no existing health hazards on the project site. The projected future development of the parcels is not expected to create any health hazards. Future development will be required to conform to zoning standards and all applicable health and safety codes. 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 streets and Highway 1 11, and temporary construction noise. The ambient noise levels are dominated by vehicular noise along the highway and major arterials in the City. Local Environmental Setting The ambient noise level at the subject parcels is dominated by vehicle traffic noise from Avenue 58 and the private internal development roads. Residential areas are considered noise -sensitive land uses, especially during the nighttime hours. The nearest residential use to the parcels is located south of the proposed lots. (Source: Site Survey) A. Would the project result in increases in existing noise levels? Less Than Significant Impact. The increase in vehicle noise resulting from future development of the parcels will contribute to the level of noise in the immediate area. This noise can be mitigated to a level that is less than significant by the construction of perimeter block walls, setbacks, and landscape buffers. Staff has determined that the proposed project is most compatible with Single Family, Townhouse, Apartment land use category in Table 6.3 of the La Quinta MEA. Table 6.3, Land Use Compatibility for Community Noise Equivalent Levels (CNEL), indicates that residential land uses have a normally acceptable CNEL range of 60 to 65. Below this range is clearly acceptable, and above this range is unacceptable. In order for the future development to have a less than significant noise impact, the operational noise levels will not be able to exceed 65 CNEL. Construction materials and design should take noise containment and reduction into account for the development. B. Would the project result in exposure of people to severe noise levels? W Less Than Significant Impact. The La Quinta General Plan regulates excessive noise and vibration in the City by establishing allowable noise levels for various land uses. Residential land uses should have a maximum exterior noise level of up to 65 CNEL. If the ambient noise level is higher than this standard, then it will serve as the standard. The future development of the parcels will result in short-term impacts associated with construction activities. During construction, heavy machinery will be capable of generating periodic peak noise levels ranging from 70 to 95 dBA at a distance of 50 feet from the source. (Source: LA Quinta General Plan) 3.11 PUBLIC SERVICES Regional Environmental ,setting Law enforcement services are provided to the City through a contract with the Riverside County Sheriffs Department. The Sheriff's Department extends service to the City from existing facilities located in the City of Indio. The Department utilizes a planning standard of 1.5 deputies per 1,000 population to forecast additional public safety personnel requirements in the City at buildout. Based on this standard, the City is currently underserved. 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 Avenue 52, west of Washington Street, and Station #70, at the intersection of Madison Street and Avenue 54. The Fire Department is also responsible for building and business inspections, plan review, and construction inspections. Based upon a planning standard of one paid firefighter per 1,000 population, the City is currently underserved. The Fire Department has indicated that a need exists for a third fire station in the northern part of the City between Washington Street and Jefferson Street. Structural fires and fires from other man-made features are the most significant fire threats to the City. Hillside and brush fires are minimal as the hillside area are barren and scattered brush on the valley floor is too sparse to pose a serious fire threat. Desert Sands Unified School District and the Coachella Valley Unified School District serve the City. There is one elementary school, one junior high school, and one high school within the City. The City is also within the College of the Desert Community College District. Library services are provided by the Riverside County Library System with a branch library located in the Village area of the City. The existing facility opened in 1988 and contains 2,065 square feet of space and approximately 18,000 volumes. The County unadopted planning standards of 0.5 square feet per capita and 1.2 volumes per capita to 26 forecast future facility requirements to serve the City. Utilizing this standard, in 1992, the City was underserved in space but overserved in terms of volumes. Health care services are provided in the City through JFK Memorial Hospital in Indio, and the Eisenhower Immediate Care Facility located in the Plaza La Quinta Shopping Center. The Eisenhower Immediate Care Facility is a satellite clinic of the Eisenhower Medical Cep.iter, located in Rancho Mirage. The Riverside County Health Department administers a variety of health programs for area residents and is located in Indio. Paramedic service is provided to the City by Springs Ambulance Service. Local Environmental Setting The nearest fire station of the project site is Station #70 located approximately 2 miles northeast of the parcels, at the southwest corner or the intersection of Avenue 54 and Madison Street. Governmental services in La Quinta are provided by city staff at the Civic Center and by other County, state, and federal agency offices located in the desert area or region. The parcels are served by Truman Elementary School, La Quinta Middle School, and by La Quinta High School. A. Would the project have an effect upon, or result in the need for new or altered governmental services in relation to fire protection? Less Than Significant Impact. The development of the parcels will increase the need for fire protection due to the construction of up to I 1 single family homes. Development shall comply with the fire flow and fire safety building standards of the Riverside County Fire Code to prevent fire hazard on -site and to minimize the need for fire protection services. Unobstructed fire access will be required. Other code requirements (such as sprinkler systems, construction materials, etc.) will be required. A detailed assessment of this issue will be conducted when development plans are submitted to the City for review and approval. B. Would the project have an effect upon, or result in the need for new or altered government services in relation to police protection? Less Than Significant Impact. Comments have been received by the Sheriff's Department for this subdivision. There were no concerns or comments expressed. However, there will be a cumulative impact upon police protection services, however, it is nct anticipated that there will be any significant adverse impact upon police protection 27 services from future development of the lots. The Quarry being a private, gated community does have internal security services for its residents. C. Would the project have an effect upon, or result in a need for new or altered government services in relation to school services? Less Than Significant Impact. The anticipated future development of up to 11 single family houses will generate approximately 1.7633 students (at 0.0001145013 students per square foot assuming a minimum allowable square footage of 1,400 square feet per unit). School impact fees will reduce this potential impact to the Desert Sands Unified School District. D. Would the project have an effect upon, or result in a need for new or altered government services in relation to the maintenance of public facilities, including roads? Less Than Significant Impact. The proposed lots are currently served by existing infrastructure, including a private roadway. The anticipated future development will not require new or altered government services for the maintenance of roadways or other public facilities, as the lots are within a private gated community. The developer will be required to construct any remaining road improvements as part of the conditions of approval for any development approved of the subject lots. E. Would the project have an effect upon, or result in a need for new or altered government services in relation to other governmental services? Less Than Significant Impact. Building, engineering, and planning services needed for the project will be partially offset by permit and inspection fees charged to the applicant and future developer of the homes. 3.12 UTILITIES Regional Environmental ,Services The City of La Quinta is served by the Imperial Irrigation District (IID) for electrical power supply and the Southern California Gas Company (SCG) for natural gas service. Existing power and gas lines and substations are found throughout the City. IID has four substations in La Quinta, with electricity generated by a steam plant in El Centro and Hydroelectric power generated by the All American Canal. General Telephone Exchange (GTE) provides telephone services for the City. Colony Cablevision serves the area for cable television service. 28 The Coachella Valley Water District (CVWD) provides water service to the City. CVWD obtains its water from underground aquifers and from the Colorado River. CVWD operates a water system with potable water pumped from 13 wells in the City. The wells range in depth from 500 to 900 feet. Potable water is stored in five reservoirs located in the City. The City's stormwater drainage system is administered by the CVWD, which maintains and operates a comprehensive system to collect and transport flows through the City. The City is served by Waste Management of the Desert for solid waste disposal. Nonhazardous, mixed municipal solid waste is taken to three landfills within the Coachella Valley. Local Environmental Setting The project is within an existing private gated community that has existing infrastructure, including utilities. A. Would the project result in a need for new systems, or substantial alterations to power and gas services? Less Than Significant Impact. Power, sewer, and gas lines have been brought in to The Quarry community and are available to the proposed 11 lots. It is not anticipated that the project will require a significant level of electricity or natural gas to result in the need for new systems or alterations to existing systems. The project developer will have to coordinate with IID, CVWD, and SCG for the timely provision of utilities. B. Would the project result in a need for new systems, or substantial alteration to communication systems? Less Than Significant Impact. The anticipated future development of the parcels will require service from GTE for telephone communication. The developer will be required to coordinate the installation of telephone service infrastructure with General Telephone Ccmpany. C. Would the project result in a need for new systems, or substantial alterations to local or regional water treatment or distribution facilities? Less Than Significant Impact. The anticipated future development will require water service. It is not anticipated that the development will result in a significant adverse impact upon the water resources of CVWD. Potable water consumption is calculated at 3,465 gallons per day for the I 1 residential units. (Source: La Quinta General Plan) 29 D. Would the project result in a need for new systems, or substantial alterations to sewer services or septic tanks? Less Than Significant Impact. The anticipated future development will generate sewage which will have to be transported and treated by CVWD. The developer will be responsible for the cost of connection to the sewer system. Sewage generation is calculated at 1,500 gallons per unit per day for the project. (Source: La Quinta General Plan) E. Would the project result in a need for new systems, or substantial alteration to storm water drainage? Less Than Significant Impact. The subject parcels are currently vacant and unpaved. The anticipated future development of the lots will result in substantial pavement and landscaping. Thus, storm runoff will be directed into the existing storm drain facility located within The Quarry community. F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? Less Than Significant Impact. The anticipated development will require solid waste disposal services from Waste Management of the Desert, the current purveyor of solid waste collection. Solid waste may be transported to the three existing landfills in the Coachella Valley. These landfills are reaching capacity and may be closed in the near future. Development must comply with the City's Source Reduction and Recycling policies. Any on -site programs will be coordinated with Waste Management. Solid waste generation is calculated as 4.00 lbs. per capita per day. (La Quinta General Plan) 3.13 AESTHETICS Regional Environmental Setting The City of La Quinta is partially located within a desert valley cove. There are hillsides to the west and south of the City. Views of the desert and surrounding mountains are visible on clear days throughout most of the City. Local Environmental Setting The subject parcels are located in a residential area in the southeastern portion of the City. Height restrictions must be met for all developments, with a maximum of 28 feet for a single family unit. Two-story units may be proposed. Color schemes typically consist of neutral, soft -toned desert colors. Views from the proposed lots consist of the Santa Rosa 30 and Coral Reef Mountains to the southwest and northwest, and the open valley floor to the northeast and east. A. Would the project affect a scenic vista or scenic highway? Less Than Significant Impact. The parcels are not located within a designated viewshed. The parcels are within a Native Vegetation community with high sensitivity for impact. There is low visual screening and vacant land in the area. The vistas from the parcels have been slightly impacted by previous and current development in the area. (Source: La Quinta MEA; Site Survey) B. Would the project have a demonstrable negative aesthetic effect? Less Than Significant Impact. The anticipated development will be required to comply with architectural and landscaping policies and ordinances of the City and the homeowners association. Thus, there should not be a significant adverse impact upon the aesthetic qualities of the surrounding area. C. Would the project create light or glare? Less Than Significant Impact. The anticipated development will include exterior security and landscaping lighting which will cumulatively contribute to the existing light and glare in the City. All such lighting fixtures shall be required to comply with the Dark Sky Ordinance and other policies of the City, in order to reduce the impact. 3.1.4 CULTURAL RESOURCES Regional Environmental Setting The history of the La Quinta area extends back to an era when much of the Coachella Valley was inundated by ancient Lake Cahuilla. Early inhabitants of the Colorado Desert were people who had migrated across the Bering Strait more than 20,000 years ago. As their migration progressed, they passed through the Colorado Desert on their way to Central America. As time passed, the Coachella Valley became the home to a band of people that have come to be known as the Cahuilla Indians. The Cahuilla followed a hunting and gathering life style as they lived along the ancient lakeshore and cove areas in the Valley. The archaeological record, as it is known today, extends back almost 6,000 years. The Cahuilla were divided into three geographic areas of the Valley; Western or Pass Cahuilla within Agua Caliente (Palm Springs area), Desert Cahuilla (from Pahn Springs 31 east to the Salton Sea), and the mountain Cahuilla (south of San Jacinto Peak in the Santa Rosa Mountains). Traveling across boundaries to explore seasonal resources for ceremonial purposes was a part of their annual life cycle. Alfred Kroeber estimated that the original population (2500 individuals) has been reduced to about 750 by 1923. The most likely locations of prehistoric cultural resources in La Quinta are along the foothills. These resources are likely associated with the availability of water and food resources. Temporary campsites can be found near game trail, springs, mesquite groves, grass stands, bedrock outcrops near food or water resources, marshy areas, or along the ancient lake shore. Isolated milling features, sparse lithic scatters, and isolated pottery scatters can be found almost anywhere in the City. In 1540, the first European explorer, Captain Hernando de Alarcon, entered Southern California at the Yuma crossing, which is located to the southeast of La Quinta. Approximately 100 years later, Spanish missionaries visited the area. A trail was established by the Cocomaricopa Indians across the Valley in 1821 as they carried mail through the San Gorgonio Pass between Tucson and Mission San Gabriel. White settlement in the Valley did not occur to any degree until the transcontinental railroads were constructed. The construction of the railroads brought with it the technology to drill water wells deep enough to sustain settlement in the valley. The Bradshaw Trail brought in settlers and freight both before and after the construction of the railroad. The Coachella Valley was the site of the most popular immigration rout to the southwest via the Southern Immigrant Trail. The Bradshaw Trail route passed through the Valley until 1915 when a graded gravel road was developed for automobile travel. 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 historical structures and sites recorded on the California Historic Resources Inventory. These resources are listed in the La Quinta General Plan. La Quinta experienced rapid growth in the late 1970's which lead to incorporation of the City in 1982. The City has grown from a population of approximately 5,400 in 1982 to over 16,000 in 1994. The incorporated boundaries currently include over 31 square miles of area. Local Environmental Setting The subject parcels are located in the southeastern portion of the City. There is a recorded archaeological site within The Quarry community that was identified and 32 mitigated at the time of initial development of the community. The proposed tentative tract is not located within or adjacent to this recorded site. Prehistoric archeological sites are numerous in the City. The subject lots have been sw^veyed by archaeologists, with archaeological sites being discovered during the survey. It is not likely that there are any additional undiscovered archaeological sites within The Quarry project boundaries as the entire site has been extensively graded and disrupted. A. Would the project disturb paleontological resources? Less Than Significant Impact. No significant paleontological resources have been found within The Quarry boundries, thus none are expected to be found within the subject lots. The lots are located higher in elevation (80+i_ ft. above msl) than the highest extent of the ancient Lake Cahuilla lakeshore, which has been determined to be at 42 foot above msl. The lots have been artifically created by mass and fine grading activities at the time the entire Quarry project was developed. (Source: U.S.G.S. Quad Map -La Quinta) B. Would the project affect archaeological resources? No Impact. There are numerous archaeological resources within a one mile radius of the subject parcels. Both insignificant sites and significant sites have been recorded in this area. During an archaeological survey of the entire development boundaries, there were prehistoric archaeological site observed and recorded. These sites were recorded with the Eastern Information Center. Grading and trenching were monitored for archaeological resources at the time the entire Quarry project was developed. (Source: Eastern Information Center) C. Would the project affect historical resources? No Impact. The subject parcels are artifically created lots and do not contain any extant historical structures. (Source: La Quinta General Plan; Site survey) D. Would the project have the potential to cause a physical change which would affect unique ethnic cultural values? No Impact. The subject parcels do not represent an ethnic cultural value and the future development will not affect any known ethnic cultural value. E. Would the project restrict existing religious or sacred uses within the potential impact area? 33 No Impact. There are no known religious uses or scared uses on the subject parcels. (source: Site Survey; La Quinta General Plan) 3.1.5 RECREATION Regional Environmental setting The City of La Quinta has an adopted Parks and Recreation Master Plan that assesses the existing resources and facilities and the future needs of the City. The City contains approximately 28.7 acres of developed parkland for Quimby Act purposes. The 845.0 acre regional Lake Cahuilla Park is not included in this count. There are also bike and equestrian pathways within the City and designated pedestrian hiking trails. Local Environmental Setting The subject lots are vacant. A. Would the project increase the demand for neighborhood or regional parks or other recreational facilities? Less Than Significant Impact. Future anticipated development of the lots will impact the existing park and recreation facilities. However, park fees in lieu of parkland dedication have been paid by the developer of the entire Quarry project at the time the initial development was begun. The Parks and Recretion Master Plan will guide the development of future park facilities. B. Would the project affect existing recreational opportunities? Less Than Significant Impact. The anticipated future development will affect existing parks and recreation facilities through additional users. however, the lots are located within a private community with its own recreation facility (golf course). SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE The Initial Study for the proposed land division and future anticipated development will not have significant adverse impacts on the environment issues addressed in the checklist. Some of the issue areas could have a potential significant impact if appropriate mitigation measures are not implemented. 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: 34 * The proposed subdivision and future anticipated development will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. * The proposed land division and future anticipated development will not have the potential to achieve short term goals to the disadvantage of long- term goals, with the successful implementation of mitigation. * The proposed land division and future anticipated development will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity. * The proposed land division and future anticipated development will not have environmental effects that will adversely affect humans, either directly or indirectly, with the implementation of mitigation. SECTION 5: EARLIER ANALYSES a. Earlier Analyses Used. Environmental Assessment 93-256 was prepared for The Quarry project in early 1993. A Mitigated Negative Declaration was certified for the project. All potentially signififcant issues were studied and mitigation measures applied in the development of the entire community. The La Quinta Master Environmental Assessment, prepared in 1992, was also used extensively in preparation of this assessment. b. Impacts Adequately Addressed. Potential impacts were identified in the above referenced EA and mitigation measures were implemented satisfactorily. C. Mitigation Measures. Mitigation measures are discussed in this addendum where possible. A Mitigation Monitoring Plan has been prepared for this proposed tentative tract. Z Q .. W WW U F H a A aid ®uo con a dad¢ A U p�q �U O� U �U � a H c� w 0 o � N W �O z� w vAt� °O o 0 .a rA a a ca oJA cc N o C'i A U p�q U U U �® z� o® w � o Z � a c� cw'n 00 0000Q�, 00 N � a H U U y Ca U ® U � a b o ou � HUI tit P PC.. coo,� v O eo +'04 �a 04 CD a M ON 0 Q 000 n M �U T 52, NU d A U pq U W o � a a U a ova a � o C7 00 ® co d ;b o b cd b �b;��� o►�oAGa. cc COON n , cc A U p�q O U G� p C N .. U n U ga .� d� 5ac �OQU�O�U L5 e l"O edgod t it O O pp z o �► ^ o 0.4 �� .a .ra o p q D U wo M O �a� A U p�q U U G7 U° a� qo � z �z 0 M h 00 0000 in Q� N C E-- u d A v� U U U G7 a� z� a 0 M tI1 h � 00 0000 .,.., Q M ON N EH+ U U Y A U p�q V Ly GJ a� z� w 0 a o � za A U p�q U U Fgi U ra O W rA d' A U p�q u m 0 d' aaa c� o L5 a �O R 0 0 w R U 0 z � .. b Cl Cl M h 00 O 0000 Q Q ,.y M 00 O� N a H U U d A U p�q aaalll U V "C7 v S c 0 o � as a� rA t,w F U .� o �A �gl0.0 o U p�q .d a� O � a a o o o v G� ►� � W '� ao ^ ® C� •• 0 e O O O 8 cn 00 000 en Q M ON N a E1-4UU Ca U � U � a � b a � �O w ® G6, cc U�AaiA b po o It'll44 ez o c� rA 43 v� 000QM W N a tn E-uu C� U � U U U 40 z� R ® ,a d A U p�q � a it �%Caa v o � G� W o Ro,� ATTACHMENT PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CHANGE OF ZONE 95-078 CASE NO. CZ 95.078 - WINCHESTER ASSET MANAGEMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27th day of June, 1995, hold a duly noticed public hearing to consider a change of zone from R-1.20,000 (Single Family Residential 20,00 square feet minimum lot size) to R-1-10,000 (Single Family Residential 10,000 square feet minimum lot size) for 3.63 acres located south of 58th Avenue and east of Jefferson Street, within The Quarry development, more particularly described as: LOTS 33.38, INCLUSIVE OF TRACT 27728, BOOK 24911.13, IN THE NORTH HALF OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.B.M. WHEREAS, said change of zone request has complied with the requirements of the California Environmetal Quality Act of 1970 (as amended), and adopted by City Council Resolution 83.68, in that the Community Development Director has determined that the change of zone will not have a significant adverse impact on the environment and a Negative Declaration of environmental impact is recommended; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons to be heard, said Planning Commission did find the following facts and reasons to justify the recommendation of said change of zone: The proposed change of zone will not adversely affect the planned development as specified by the General Plan for the City of La Quinta. 2. The proposed change of zone wil further the intent of the goats and policies of the General Plan. 3. There will be no significant impacts resulting from this change of zone. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That it does hereby recommend to the City Council, approval of Change of Zone 95-078 for the reasons set forth in this resolution and as illustrated in the map labeled Exhibit "A", attached hereto. PASSED, APPROVED, and ADOPTED this 27th day of June, 1995, by the following vote, to wit: AYES: RESOPC.160 Planning Commission Resolution 95- NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of Ora Quinta, California RESOPC.160 ATTACHMENT 7 PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE ELIMINATION OF CONDITIONAL USE PERMIT 93.005 AS IT PERTAINS TO TENTATIVE TRACT 28189 AND CHANGE OF ZONE 95-078 CASE NO. CUP 93-005 - WINCHESTER ASSET MANAGEMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27th day of June, 1995, hold a duly noticed Public Hearing to consider the elimination of Conditional Use Permit 93.055 as it pertains to Tentative Tract 28189 and Change of Zone 95-078 for 3.63 acres located on south of 58TH Avenue and east of Jefferson Street, within The Quarry Development, more particularly described as: LOTS 33.38, INCLUSIVE OF TRACT 27728, BOOK 24911.13, IN THE NORTH HALF OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SBBM WHEREAS, said elimination of conditional use permit request has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), and adopted by City Council Resolution 83-68, in that the Community Development Director has determined that the elimination of the conditional use permit will not have a significant adverse impact on the environment and a Negative Declaration of environmental impact is recommended; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons to be heard, said Planning Commission did find the following facts and reasons to justify the recommendation for approval of said elimination of conditional use permit: 1. The proposed elimination of the conditional use permit will not adversely affect the planned development as specified by the General Plan for the City of la Quinta, or by Tract 27728. 2. The proposed elimination of the conditional use permit as it applies to Tentative Tract 28189 and Change of Zone 95-078 will further the intent of the goals and policies of the General Plan to provide a variety of housing types within the City. 3. There will be no significant impacts resulting form the elimination of the conditional use permit as it applies to Tentative Tract 28189 or Change of Zone 95.078. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That it does hereby recommend to the City Council approval of the elimination of Conditional Use Permit 93- 005 as it applies to that area contained within Tentative Tract 28189 and Change of Zone 95-078 for the RESOPC.159 Planning Commission Resolution 95- reasons set forth in this Resolution and as illustrated in the map labeled Exhibit "A", attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held this 27th day of June, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESUCAH Planning Commission Resolution 95- 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That the Commission does certify by separate resolution Environmental Assessment 95-299 prepared for this project; 3. That the Commission does hereby approve the described Tentative Tract 28189 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 27th day of June, 1995, by the -following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPM 63 PLANNING COMMISSION RESOLUTION 95- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 28189 - THE QUARRY TUNE 27, 1995 1. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. Tentative Tract Map 28189 shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 3. Prior to the issuance of a grading or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: - Fire Marshal - Public Works Department (Grading Permit, Improvement Permit) - Community Development Department - Riverside Co. Environmental Health Department - Desert Sands Unified School District - Coachella Valley Water District - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approvals and signatures on the plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 4. 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. 5. This tentative tract map approval shall expire and become void within two years unless extended pursuant to the City's Subdivision Ordinance. CONAPRVL.330 TENTATIVE TRACT 28189 - THE QUARRY JUNE 27, 1995 b. Construction shall comply with all local and State buiilding code requirements as determined by the Building and Safety Director. 8. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City for any tentative tract map, parcel map or approved phase of development prior to approval of the map or phase or issuance of a certificate of compliance in lieu of a final map. Improvements to be made or agreed to shall include site grading and utility service. 9. If improvements are secured, the applicant shall provide approved estimates of the improvement costs. The estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not contained in the City's Schedule of Costs, 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. 10. 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 the final map unless such easements are approved by the City Engineer. 11. Development of the project site shall comply with tentative tract map Exhibit "A", as contained in the Community Development Department's file for Tentative Tract 28189, and the following conditions, which conditions shall take precedence in the event of any conflict with the provisions of the tentative tract map. 12. The minimum lot size shall be 10,000 square feet. 13. Any minor changes in lot mix, sizes, lines, shapes, or street alignments, shall be reviewed and approved by the Community Development Department prior to any final map approvals for recordation. CONAPRVL.330 TENTATIVE TRACT 28189 - THE QUARRY JUNE 27, 1995 14. The development of custom, single-family lots shall be governed by the following: A. Property lines and perimeter walls for all residential units shall be located at the top of the graded slope for each parcel. B. Prior to issuance of an occupancy permit for any house within Tentative Tract 28189, landscaping/ground cover shall be installed and appropriately maintained. Type of planting, method of installation, and maintenance techniques shall be subject to plan approval by the Community Development Department. C. All roof -mounted equipment shall be screened :from view at all sides by design of the house. All ground -mounted mechanical equipment shall be screened from view by methods approved by the Community Development Department. D. The minimum dwelling unit (living area) size for all residential units shall be 1,400 square feet (excluding attached or detached parking garage). E. All dwelling units shall have a minimum two car garage measuring 20-feet by 20-feet in overall size. The garage can be either attached or detached. F. The architectural style of the project shall be Spanish Colonial, Southwest Adobe, Pueblo, or other styles approved by the Planning Commission and the Community Development Department. G. All roofing material within the project shall be clay or concrete tile barrel. The color of the roof tiles shall consist of desert hues. H. All residence/dwellings are required to have illuminated building address number per the La Quinta Municipal Code. 15. Desert or native plant species and drought resistant planting materials shall be encouraged. Provision shall also be made for planting materials which provide forage and nesting areas for nearby wildlife. 16. Applicant shall submit a copy of the proposed grading, landscaping and irrigation plans to the Coachella Valley Water District for review and approval with respect to the District's Water Management Program. CQNAPRVL.330 TENTATIVE TRACT 28189 - THE QUARRY JUNE 27, 1995 17. The applicant shall comply with the requirements of the City Fire Marshal, who may approve alternate means of compliance where deemed appropriate and equivalent to these standards: A. Schedule "A" fire protection approved Super fare hydrants, (6" x 4" x 2 1/2" x 2 1/2 ") shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 gpm for 2 hours duration at 20 psi. B. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." C. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 18. Graded but undeveloped land shall be maintained to prevent dust and blow sand 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. 19. The applicant shall comply with the City's Flood Protection Ordinance. 20. A thorough preliminary engineering, geological and soils engineering investigation shall be conducted. The report of the investigation ("the soils report") shall be submitted with the grading plan. 21. Revisions to the existing grading plan shall be prepared by a registered civil engineer and submitted to the City for plan checking. Revisions must meet the approval of the City Engineer prior to issuance of a grading permit. CQNAPRVL.330 TENTATIVE TRACT 28189 - THE QUARRY JUNE 27, 1995 22. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within this development but not sharing common street frontage where the differential shall not exceed five feet. If the applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve alternatives that preserve community acceptance and buyer satisfaction with the proposed development. 23. 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 6.10, La Quinta Municipal Code. 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. 24. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by development phase and lot number and shall be cumulative if the data is submitted at different times. UTILITIES 25. Prior to approval of a final map, the applicant shall submit to the City Engineer copies of approved plans or revisions to plans providing for utility service to residential lots created by the map. 26. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 27. 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 the plan checks and permits. 28. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a CONAPRVL.330 TENTATIVE TRACT 28189 - THE QUARRY JUNE 27, 1995 reapportionment of any bonded assessment(s) against the property and pay all costs of the reapportionment. 29. In order to mitigate impacts on public schools, applicant shall comply with the following: Prior to the issuance of any building permits, the applicant shall provide the Community Development Department with written clearance from the DSUSD stating that the per -unit impact fees have been paid. 30. The California Fish and Game Environmental filing fees shall be paid. The fee is $1,250.00 plus $78.00 for the Riverside County document processing. The fee shall be paid within 24 hours after review by the City Council. 31. Appropriate approvals shall be secured prior to establishing any construction or sales facilities, and/or signs on the subject property. CONAPRVL.330 PH*2 STAFF REPORT PLANNING COMMISSION MEETING DATE: JULY 11,1995 CASE NO.: ZONING ORDINANCE AMENDMENT 95.046 REQUEST: AMENDMENT TO THE LA QUINTA MUNICIPAL CODE BY ADDING NEW CHAPTER 5.80 AND AMENDING CHAPTER 9.154 RELATING TO ADULT ORIENTED BUSINESSES LOCATION: CITY-WIDE ENVIRONMENTAL DETERMINATION: EXEMPT SECTION 15061(b)3. AN ORDINANCE DEALING WITH ADULT ENTERTAINMENT WAS ORIGINALLY ADOPTED IN 1992 (ORDINANCE 215). THE PRIOR ENVIRONMENTAL FOR THIS ORDINANCE, THE GENERAL PLAN EIR, THE REDEVELOPMENT PLAN EIR FOR PROJECT AREAS #1 AND #2 WERE USED IN CONJUNCTION WITH STATE REGULATIONS TO MAKE THIS DETERMINATION. BACKGROUND: In 1992, Ordinance 215 was adopted. This became Chapter 9.154 (Adult Entertainment Businesses) of the La Quinta Zoning Regulations. The regulations required Adult Entertainment Businesses, as defined, to be processed by utilizing a conditional use application. The ordinance further identified an Overlay Zone of 600 feet on either side of the centerline of Highway 111 as that area which could accommodate Adult Entertainment Businesses. Specific location criteria were also created as it related to distances from residential uses, schools, places of religious services, parks, youth crganizational facilities, preschools, day cares, and public buildings. The review authority for Adult Entertainment applications was by the Planning Commission, subject to a report of determination to the City Council for their review and determination of the action of the Planning Commission. The Cite Council on June 20,1995, adopted an Urgency Ordinance (#267) revising the review and processing of Adult Entertainment Businesses. This Ordinance became effective on June 20,1995. Numerous residents have expressed their desire to revise the Adult Entertainment Ordinance at numerous City Council meetings. Based upon the comments requesting revision to the ordinance and recent court cases, the City Attorney drafted the Urgency Ordinance. This Urgency Ordinance is effective for 45-days from the June 20, 1995 date, (extendable to a maximum of two years) to allow the City time to prepare the permanent regulations. The attached proposed regulations have been drafted by the City Attorney with input from the community and extensive review of land use studies concerning the secondary effects of Adult Entertainment in other cities. Surveys have been sent to local Realtors and business establishments requesting their input into regulations dealing with Adult Entertainment. The result of the surveys (or the surveys) will be made available at the meeting of July 11th. PCS T.220 ANALYSIS: 1. The 1992 Regulations required a conditional use permit for Adult Entertainment Businesses. The urgency and the revised regulations proposed (as contained in the staff report), permit Adult Entertainment uses as a permitted use within the Overlay Zone, providing they comply with certain distances and layout (building configuration) design. 2. The drafted regulations are based upon review of land use studies, community input, and court cases. 3. The draft regulations are in legislative form, identifying the changes made to the Urgency Ordinance. Minor adjustments were made for clarification and consistency. In addition, some sections were amended or added in more detail: A. Increase the distance from schools from 1000 feet to 1500 feet; B. Prohibition against nudity; and C. Revisions to the Investigation Section. 4. The findings to support the Commission's recommendation are contained in the attached Planning Commission resolution. RECOMMENDATION: The Planing Commission may recommend modifications to this ordinance, after receiving testimony. Move to adopt Planning Commission Resolution 95-_, recommending approval to the City Council of Zoning Ordinances Amendment 95.046. Pcs,r.220 2 PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL REVOKING OF ORDINANCE 267 AND ADOPTING A REVISED NEW CHAPTER 5.80 TO THE CODE OF THE CITY OF LA QUINTA, AMENDING CHAPTER 9.154, TO THE ZONING ORDINANCE OF THE CITY OF LA QUINTA. CASE NO.: ZONING ORDINANCE AMENDMENT 95-046 WHEREAS, the Planning Commission of the City of La Quinta did on the 11 th day of July, 1995, hold a duly -noticed public hearing to consider the proposed Zoning Ordinance Amendment; and WHEREAS, the Planning Commission of the City of La Quinta wishes to promote the City of La Quinta's great interest in protecting and preserving the quality of the residential and commercial areas of the City, and the quality of life through effective land use planning; and WHEREAS, the Planning Commission and staff have conducted an extensive review of land use studies concerning the secondary effects of Adult entertainment establishments in other cities including, but not limited to, Garden Grove, California (1991); Phoenix, Arizona (1986); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); City of Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City (1986); Beaumont, Texas (1982); and Whittier, California (1978); have conducted its own, surveys and questionnaires of real estate appraisers, business persons in La Quinta; and WHEREAS, the Planning Commission of the City of La Quinta believes the following statements are true, in part based upon its understanding of the experiences of the cities referenced above: A. Crime rates are higher in residential areas surrounding Adult Oriented Businesses than in commercial or industrial areas surrounding Adult Oriented Businesses; B. Areas within close proximity of single and multiple family dwellings should be free of Adult Oriented Businesses; C. Adult Oriented Businesses should not be located in areas of the City which are in the vicinity of residential uses, religious institutions, parks and schools; D. The image of the City of La Quinta as a pleasant and attractive place to reside will be adversely affected by the presence of Adult Oriented Businesses in close proximity to residential uses, religious institutions, parks and schools; E. The existence of Adult Oriented Businesses in close proximity to residential areas has been shown in some cities to reduce the property values in those residential areas; F. The Planning Commission believes that allowing Adult Oriented Businesses in the City's AE Overlay Zone is appropriate because the zone :includes ample accessible real estate including acreage in all stages of development from raw land to developed and shopping space that is easily accessible by freeways, highways and roads. Limiting Adult Oriented Businesses to the AE Overlay Zone is further justified based on the fact that Adult Oriented Businesses have been shown to reduce property values and decrease the patronage of those businesses in close proximity to the Adult Oriented Businesses; G. Without the adoption of this Ordinance, Adult Oriented Businesses might be able to locate anywhere within the City by right, requiring no permit other than a business license to operate; H. A reasonable regulation of the location of Adult Oriented Businesses protects the image of the community and its property values and protects its residents from the adverse secondary effects of such Adult Oriented Businesses, while providing those who desire to patronize Adult Oriented Businesses an opportunity to do so in appropriate areas within the City; I. Regulations for Adult Oriented Businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather than waiting for a problem to be created; J. Adult Oriented Businesses should be regulated by developing zoning which will separate such land uses from other incompatible uses; K. Crime rates significantly increase when Adult Oriented Businesses are established within close proximity to other Adult Oriented Businesses. L. The Planning Commission believes that prohibiting public nudity will, to some extent. reduce those secondary effects shown to be created, in part, by Adult Oriented Businesses which provide ro permit public nudity. WHEREAS, concern over sexually transmitted diseases, including AIDS, is a legitimate health concern of the City which demands reasonable regulations of Adult Oriented Businesses in order to protect the health and well being of the citizens; and WHEREAS, the City recognizes the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting in the immediate neighborhood of such businesses; and 2 WHEREAS, the Planning Commission desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens; protect the citizens from the increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, the Planning Commission has determined that locational criteria alone do not adequately protect health, safety and general welfare of the people of the City and thus imposition of certain requirements with respect to the ownership and operation of Adult Oriented Businesses is in the public interest; and WHEREAS, the Planning Commission, consistent with limitations on the sale of alcohol and mindful of the time most bars and similar establishments close, further finds that restricted hours of operation will further prevent the adverse secondary effects of Adult Oriented Businesses; and WHEREAS, it is not the intent of the Planning Commission to condone or legitimize the distribution of obscene material, and the Commission recognizes that State law prohibits the distribution of obscene materials and expects and encourages law enforcement, and State and local enforcement officials to enforce State obscenity statutes against such illegal activities in the City; and WHEREAS, the aforementioned studies show that sex -related offenses are included within the category of secondary effects caused by unregulated or under regulated Adult Oriented Businesses; and WHEREAS, the Planning Commission believes that persons who have been convicted of sex -related offenses have shown a propensity to commit such offenses and should not be permitted to operate Adult Oriented Businesses for two (2) years after such conviction. This is because the sexually oriented nature of the business creates an increased opportunity for the comma ssion of sex -related offenses by persons who have exh:'Nted a propensity for the commission of such offenses; and WHEREAS, the Planning Commission believes as true, the documents and judicial decisions in the public record established and submitted in conjunction with this Ordinance which demonstrate that various operational practices of Adult Oriented Businesses (as that term is defined in Section 5.80.020 of the La Quinta Municipal Code) increase criminal activity, including but not limited to sexually related criminal activity, and increase the likelihood of the transmission of diseases including but not limited to sexually transmitted diseases such as gonorrhea, syphilis, herpes, and acquired immune deficiency syndrome ("AIDS") and hepatitis-B; and WHEREAS, the Planning Commission believes the following statements are true, in part, based upon its understanding of the documents and judicial decisions in the public record; 3 A. Evidence indicates that some dancers, models, entertainers, and other persons who publicly perform Specified Sexual Activities or publicly display Specified Anatomical Parts in Adult Oriented Businesses (as those terms are defined in Section 5.80.020) (collectively referred to as "Performers"), have been found to engage in sexual activities with patrons of Adult Oriented Businesses on the site of the Adult Oriented Business; B. Evidence has demonstrated that Performers employed by Adult Oriented Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the Performers in live sex shows; C. Evidence indicates that Performers at Adult Oriented Businesses have been found to engage in acts of prostitution with patrons of the establishment; D. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interior cannot be seen from public areas of the establishment ("Individual Viewing Areas") regularly have been found to be used as a location for engaging in unlawful sexual activity; E. Many Individual Viewing Areas have been found to contain "glory holes" in the walls joining abutting Individual Viewing Areas which are used by customers to facilitate sexual activity between the occupants of the abutting Individual Viewing Areas; F. Individual Viewing Areas have been found to be unsanitary due to the existence of semen, saliva, and blood on the walls and floors of the Individual Viewing Areas; G. Medical science has found that: (1) certain Sexually Transmitted Disease ("STD") have a potential life span of 2-3 hours outside the human body; (2) the existence of certain bodily fluids on the walls and floors of the Individual Viewing Areas can facilitate the transmission of STDs; and (3) the practice of individuals having anonymous and/or unprotected sexual relations in Individual Viewing Areas can facilitate the transmission of STDs; H. Poorly lit or unlit areas of Adult Oriented Businesses provide a location for people to engage in illegal sexual activities; I. Police agencies have determined that some Adult Oriented Businesses and the operators thereof have been found to be directly engaged in (as well as aid and abet) criminal and illegal sexual activity. Such individuals also have been known to use aliases; J. Many jurisdictions have found that Adult Oriented Businesses generate excessive noise and disorderly conduct, particularly at the closing time of the Adult Oriented Business, which creates an adverse noise and public safety impact on surrounding businesses and communities; and 4 K. Evidence indicates that some dancers, models, entertainers, and other persons who publicly perform Specific Sexual Activities or publicly display Specific Anatomical Parts in Adult Oriented Businesses (as those terms are defined in Section 5.80.020) (collectively referred to as "Adult Entertainers") have been found to engage in sexual activities with patrons of Adult Oriented Businesses on the site of the Adult Oriented Businesses; L. Evidence has demonstrated that Performers employed by Adult Oriented Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the Performers in live sex shows; M. Evidence indicates that Performers at Adult Oriented Businesses have been found to engage in acts of prostitution with patrons of the establishment. WHEREAS, the experiences of the cities of Palm Springs and Huntington Beach, California, indicate that disorderly conduct is likely to occur when crowds which are under the influence of alcohol become involved in sexually oriented activities; and WHEREAS, while the Planning Commission desires to protect the rights of those who provide adult oriented entertainment, it desires to do so in a manner which decreases, to the greatest extent feasible, the undesirable secondary effects associated with such entertainment; and WHEREAS, based upon the evidence contained in the documents, judicial opinions, and other public records, a copy of which are on file in the Community Development Department, the Planning Commission finds as follows: A. The City has an interest in ensuring that individuals who operate Adult Oriented Businesses have not been convicted of certain criminal offenses, particularly sexually related offenses. The application requirements contained in Chapter 5.80.030 of the La Quinta Municipal Code further that interest; B. Requiring the presence of one (1) security guard for every 50 patrons at Adult Oriented Businesses providing live entertainment is likely to reduce the disorderly conduct and illegal activity observed to occur at Adult Oriented Businesses in other jurisdictions; C. Requiring Adult Oriented Businesses to close at 1:00 a.m. is likely to reduce the early morning criminal activity occurring at and near Adult Oriented Businesses and is likely to eliminate the existence of excessive noise and disorderly conduct in and around the community in the early hours of the morning; D. The requirement that Adult Oriented Businesses only allow performances which are characterized by Specified Sexual Acts or future Specified Anatomical Parts such that patrons not be pennitted within 6 feet of the Performers is likely to reduce the opportunities for illegal sexual activity to occur between Performers and patrons, and is particularly likely to reduce the opportunity for such illegal sexual activity to occur at the Adult Oriented Business; 5 E. Requiring Performers in Individual Viewing Areas to be completely separated from patrons by a floor to ceiling plexiglass or other clear, permanent barrier is likely to reduce the opportunity for illegal sexual activity to occur between Performers and patrons and reduce the possibility of the transmission of sexually transmitted diseases between Performers and patrons; F. Requiring the entire interior portion of Individual Viewing Areas to be visible from aisles and public areas of the Adult Oriented Business is likely to reduce the opportunity for illegal sexual activity to occur within the Individual Viewing Area; G. Requiring areas within Adult Oriented Businesses to be minimally illuminated to the standards contained in Chapter 5.80 is likely to reduce the opportunity for the occurrence of illegal sexual activity in dark portions of Adult Oriented Businesses; H. Prohibiting any physical contact between Performers and patrons of Adult Oriented Businesses is likely to reduce the opportunity for the occurrence of illegal sexual activity between patrons and Performers; I. Prohibiting holes or openings between the interior spaces of Individual Viewing Areas is likely to reduce the opportunity for the occurrence of illegal sexual activity between the occupants of Individual Viewing Areas; J. Prohibiting the occupancy of more than one person in an Individual Viewing Area at any time is likely to reduce the opportunity for the Individual Viewing Area to be used for illegal sexual activity; K. Prohibiting patrons of Adult Oriented Businesses from offering payments or gratuities and prohibiting Performers from accepting the same is likely to reduce the opportunity for illegal sexual activity to occur between patrons and Performers; and L. Prohibiting nudity in Adult Oriented Business establishments tends to reduce the secondary effects, which include the proliferation of prostitution, the increase in sexual assaults and increase in other crimes; and WHEREAS, while the Planning Commission of the City of La Quints desires to protect the rights conferred by the United States Constitution to Adult Oriented Businesses, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development and operation of Adult Oriented Businesses; and WHEREAS, it is not the intent of the Planning Commission by recommending adoption of this Ordinance to suppress any activities protected by the First Amendment, but rather to enact a content neutral Ordinance which addresses the secondary effects Adult Oriented Businesses have on the City; and 6 WHEREAS, the City staff has determined, pursuant to the California Environmental Quality Act ("CEQA"), that the proposed Municipal Code amendments are exempt under CEQA Regulations and recommends filing a Notice of Exemption; and WHEREAS, the City has previously adopted an Adult Oriented Business zoning ordinance in 1992, and WHEREAS, the Planning Commission has considered the decisions of the United States Supreme Court regarding local regulation of sexually oriented businesses, including but not limited to Young v. American Mini -Theaters, Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v. Playtime Theaters, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132; FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theater, 111 S. Ct., 2456 (June 21, 1991); and WHEREAS, since that time the courts have decided Smith v. County of Los Angeles (1994) 211 Cal.App.3d 188; Topanga Press v. City of Los Angeles (C.A. 9, Cal. 1994) 989 F.2d 1524; and Dease v. City of Anaheim (C.D. Cal.) 826 F.Supp. 336, all of which collectively call into question some provisions of the City's Adult Oriented Business zoning ordinance; and WHEREAS, in Barnes v. Glen Theaters, Inc. (1991) 501 U.S. , 115 L.Ed, 2d 504, the court found it to be constitutionally permissible to prohibit public nudity, including public nudity within Adult Oriented Business establishments, in part due to the secondary effects associated with. public nudity in Adult Oriented Business establishments which secondary effects include, but are not limited to, the increase in prostitution, increase in sexual assaults, and the attraction of other criminal activity; and WHEREAS, prior to recommending the adoption of this Ordinance, the Planning Commission reviewed detailed studies prepared by other jurisdictions regarding the detrimental social and economic effects on persons and properties immediately surrounding established Adult Oriented Businesses which include Adult Oriented Business establishments which permit and/or provide public nudity or the performance by persons who disrobe to the point of only being clad in pasties and a "G" string; and WHEREAS, without a proper Adult Oriented Business zoning ordinance in place, an Adult Oriented Business could legally be permitted to operate in the absence of any regulations, causing the City and its people to incur the secondary effects associated with the operation of such businesses as discussed above; WHEREAS, the City has recently received inquiries regarding the establishment of Adult Oriented Businesses in the City's AE Overlay Zone as well as in areas adjacent to school uses; and WHEREAS, the City has continued to studying the adoption of a new Adult Oriented Business Zoning Ordinance and has sent out and received questionnaires and public comment related to additional revisions to the regulations of Adult Oriented Businesses; and 7 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission for this Amendment. 2. That it does hereby recommend approval of Zoning Ordinance Amendment 95-046 for the reasons set forth in this resolution and as stated in the attached Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 1 lth day of July, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JACQUES ABELS, Chairman City of La Quinta, California JERRY HERMAN, Community Development Director City of La Quinta, California 8 EXHIBIT "A" CHAPTER 5.80 ADULT ORIENTED BUSINESS Section 5.80.010 Purpose. The purpose of this Chapter is to regulate Adult Oriented Businesses which, because of their very nature, are believed to have many of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of the Adult Oriented Businesses; higher crime rates, noise, debris or vandalism in the vicinity of Adult Oriented Businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Reasonable and uni orm regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the Adult Oriented Businesses. It is neither the intent, nor effect of this section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this section to restrict or deny access by adults to Sexually Oriented Materials or Merchandise protected by the First Amendment, or to deny access by the distributors of Adult Oriented Business to their intended market. Nothing in this Section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. Section 5.80.020 Definitions. "Adult Bookstore": Any establishment, which as a regular and substantial course of conduct, displays and/or distributes Adult Merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. (See "Adult Oriented Business" for definition of regular and substantial portion of its business.) "Adult Cabaret": A nightclub, bar, lounge, :restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. 9 "Adult Entertainer" means a person who for any form of consideration or gratuity performs or appears ' in performances which are characterized by the exposure emphasis in specified anatomical areas or by specified sexual activities and whose performances are not theatrical. performances in theaters, concert halls, or similar establishments that are not licensed as Adult Oriented Businesses. "Adult Hotel/Motel": A motel, hotel or similar commercial establishment which (1) offers public accommodations, for any form of consideration, which provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas" and which advertises the availability of this sexually - oriented type of material by means of a sign visible from the public right-of-way, or by means of any off -premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (2) offers a sleeping room for rent for a period of time less than 10 hours; or (3) allows a tenant or occupant to sub -rent or let others use the sleeping room for a time period of less than 10 hours. "Adult Model Studio": Any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. Adult Model Studio shall not include any Live Art Class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code. "Adult Motion Picture Arcade": Any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in Individual Viewing Areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. "Adult -Oriented Business": Any business establishment or concern which as a regular and substantial course of conduct performs as an Adult Bookstore, Adult Theater, Adult Motion Picture Arcade, Adult Cabaret, Stripper, Adult ;Model Studio or Adult Hotel/Motel; any business establishment or concern which as a regular and substantial course of conduct sells or distributes Sexually Oriented Merchandise or Sexually Oriented Material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. "Adult Oriented Business" does not include those uses or activities, the regulation of which is preempted by state law. "Adult Oriented Business" shall also include any business establishment or concern which, as a 10 regular and substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in attire which does not opaquely cover Specified Anatomical Parts. For the purposes of this Section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts as a regular and substantial course of conduct when one or more of the following conditions exist: A. The area devoted to Adult Merchandise and/or Sexually Oriented Material exceeds more than , thirty --three Q3) percent of the total display or floor space area open to the public; B. B. The business establishment or concern obtains a significant of and substantial portion of its revenues from the sale, rental or lease of entertainment, material or merchandise characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts or advertises the availability of the same; or C. The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts D. An establishment may have other significant and substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as an Adult Bookstore. Such other business purposes will not serve to exempt such establishments from being categorized as an Adult Bookstore, so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities. The definition of "Adult Oriented Business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy. "Adult Theater": a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. 11 "Employee" means any person over eighteen years of age who renders any service in connection with the operation of an Adult Oriented Businesses and receives compensation from the operator of the business or patrons. "Establishment" means and includes any of the following: The opening or commencement of any such business as a new business; 2. The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined in this Chapter; 3. The addition of any of the Adult Oriented Businesses defined in this chapter to any other existing adult establishment; or 4. The relocation of any such Adult Oriented Businesses; or 5. The substantial enlargement of any such Adult Oriented Businesses by an increase of the floor area occupied by the business of more that 15%. "Live Art Class": Any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing Specified Anatomical Parts; instruction is offered in a series of at least 2 classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and per -registration is required at least 24 hours in advance of participation in the class. "Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises. "Permittee" means the person to whom a permit has been issued. of this Ordinance. .. _ . .. l "Sexually Oriented Material": any element of Sexually Oriented Merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to Specific Sexual Activities or Specified Anatomical Parts. 12 "Sexually Oriented Merchandise": Sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity. "Specified Anatomical Parts": a. Less than completely and opaquely covered human genitals; pubic region; buttocks; or female breast below a point immediately above the top of the areola; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified Criminal Acts" shall mean acts which are sexual crimes against children, sexual abuse, rape, crimes connected with another Adult entertainment establishment including, but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering, or distribution or sale of illegal drugs. "Specified Sexual Activities": a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or b. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or or masturbation; or or female breast; or of pain; or C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, d. Fondling or touching of nude human genitals, pubic region, buttocks e. Masochism, erotic or sexually oriented torture, beating or the infliction f. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or 13 g. Human excretion, urination, :menstruation, vaginal or anal irrigation; or h. Striptease or the removal of clothing to the point where Specified Anatomical Parts are not opaquely covered. "Transfer" of an Adult Oriented Business means and includes any of the following: 1. The sale, lease or sublease of the business; 2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; 3. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possession the ownership of control. Section 5.80.025 Permit Required. Prior to the Establishment or Transfer of an Adult Oriented Business the owner of the business shall obtain both an Adult Oriented Business Permit and a Business License from the City of La Quinta. It is unlawful for any person, association, partnership or corporation to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the City, the business of an Adult Oriented Business, or be engaged as an Adult Entertainer, as herein defined, without possessing a permit issued pursuant to the provisions of this chapter for each and every separate office or place of business conducted by the above. The permit fee required hereby shall be in addition to any other license, permit or fee required under any of the provisions of this code. Neither the filing of an application for the permit, nor payment of any other license, permit or fee required under any other provision of this code, shall authorize the engaging in, conducting or carrying on of an Adult Oriented Business, or as an Adult Entertainer. Section 5.80.030 Application Requirements. The property owner, or authorized agent of the property owner, is eligible to request an Adult Oriented Business Permit. The application fee for any Adult Oriented Business permit shall be five hundred dollars and is non refundable and shall be used to defray the cost of investigation, processing and hearing as set forth herein. The application fee for an Adult Entertainer permit shall be one hundred dollars. The fees set forth herein shall be in effect until the City Council shall by resolution fix some other rate based upon a cost ::actor. All permits shall expire one year from the date of issuance. Applications for renewal of a permit shall be made thirty (30) days prior to the expiration date. The renewal application fee for an Adult Entertainment Permit shall be one hundred dollars. The renewal application fee for an Adult Entertainer shall be twenty-five dollars. Said renewal applications fees are nonrefundable and shall be used to defray the cost of investigation and processing the renewal applications. The fees set forth herein shall be in effect until the City Council shall be resolution fix some other rate based upon a cost factor. The following information is required at the time an Adult Oriented Business Permit is submitted to the Community Development Department: A. A completed Adult Oriented Business Permit application signed by the property owner or authorized representative. B. The non-refundable deposit or fee as set forth by ordinance or resolution of the City Council. The application shall include the following information: A. Any person, association, partnership or corporation desiring to obtain a business license tax certificate and a permit for an Adult Oriented Business shall make an application, under oath, to the City Manager upon a form provided by the City Manager showing: 1. The name, including any aliases, current permanent residential address and telephone number of the applicant; 2. The business name, proposed business address of the Adult entertainment establishment and its telephone number; a. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning not less than ten percent of the stock of the corporation and the address of the corporation itself, if different than the address of the Adult entertainment establishment. The application shall show that the corporation is in good standing under the laws of California. b. If the applicant is a partnership, the application shall show the name and residence address of each of the partners including limited partners and the address of the partnership itself, if different than the address of the Adult Oriented Business; 3. The name and permanent address of the owner of the property upon which the applicant intends to locate the Adult Oriented Business. If the property owner is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors and stockholders owning not less ten percent, or greater of the stock of the corporation. If the property owner is a partnership, the application shall show the name and residence address of each of its partners, including limited partners; 15 4. In the event the applicant is not the owner of record of the real property upon which the Adult Oriented Business is or will be located, the application must be accompanied by a notarized statement from the owner or record of the real property acknowledging that an Adult Oriented Business is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the Adult Oriented Business will be located; 5. The date, hours and location where the Adult Oriented Business is proposed to be conducted, and the admission fee, if any, to be charged; 6. The name(s) of person(s) having the management or supervision of the applicant's business; 7. Whether or not the applicant has been convicted of a Specified Criminal Act within the last fi-ve three years, the nature such offense, the date of conviction, place convicted and the sentence received therefor. 8. Whether or not the applicant has ever had any similar license or permit issued by such agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 9. Driver's license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 10. Acceptable written proof that the applicant is at least eighteen years of age. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 11. The height, weight, color of eyes, color of hair and date of birth of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 12. The business, occupation or employment history of the applicant for the last five year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 16 13. Each residence and business address of the applicant for the five year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 14. One front -faced portrait photograph of the applicant at least two inches shall be taken by the City Police. If the applicant is a partnership, one front -face portrait photograph at least two inches by two inches in size of each partner, including limited partners in the partnership shall be taken by the City Police; 15. A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment and any further information about the entertainment or entertainers, as the City manager may deem necessary; 16. The name and address of any other Adult Oriented Business owned or operated by any person whose name is required to be given in subsection B; 17. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 18. Authorization for the City, it agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; 19. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application; 20. Applicant must furnish for any person whose name is required to be given in subsection 6 the information requested by subsections 1, 9, 10, 11, 12, 13, 14, 16, 18, and 19. 21. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches; 22. A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this Chapter within five hundred (500) feet of the property to be certified; the property lines of any established religious institution/ synagogue, school, public park, recreation area, public building, business involving an on -premises sale of liquor or alcoholic beverages, or area zoned R-1, R-2, PR, PC, PI or C-1 within five hundred (500) feet of the property. For purpose of this Section, a use shall be considered existing or established if it is in existence at the time an application is submitted. 17 B. The holder of the permit for an Adult Oriented Business shall notify the City's code compliance department of each change in any of the data required to be furnished by this section within ten days after such change occurs. Section 5.80.050 Investigation and Application. A. Upon receipt of an application proper1 filed with the City and upon payment of the non refundable application fee the City or its designee shall immediately stamp the application as received subiect to the provisions of Section 5 80 030 The person receiving the annlication shall immediately thereafter send photocopies of the application to the Riverside County Sheriff's Department and any other City agencies responsible for enforcement of health, ft're, and building codes and laws Each department or agency shall promptly conduct an investigation of the applicant application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter. The investigation shall be completed within 20 days otreceipt of the application by the City or its designee. At the conclusion of its investigation each department or agency shall indicate on the photocopy of the application its ��roval or disapproval of the anlication date it sign it and in the event it disapproves, state the reasons therefor. The Sherds Department shall only be required to check local and .State summary criminal history information including NCIC and certify whether disqualifying criminal history has been discovered The Sheriff's Department shall not be required to approve or disapprove ��plications For this purpose the Sheri[Es Department is specifically authorized by the City Council pursuant to California Penal Code ffl1105 and 13300 to obtain such information as relates to disquali ing criminal convictions for licensing j2urnoses as specified in�120.05(C)(1)(i) and to disclose so much, ofthe information obtained to the City's designee as directly relates to such disquali&ing-criminal histoax, for such appropriate action as is required based upon such specific criminal conduct applicable to the sub ject applicant No information shall be relayed relating to a criminal arrest not resulting in conviction or to a criminal arrest for which pretrial or post -trial dii•ersion has been ordered. B. A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City After its indication of approval or disapproval. each department or agency shall immediately return the photocopy of the application to the City or its designee. Section 5.80.060 Findings/Requirements. The City Director of Community Development shall issue an Adult Oriented Business Permit within the later of forty (40) days of receipt of a completed application or ten (10) days from receipt of the complete investigation report in 5.80 if it finds that: 18 A. The Adult Oriented Business shall be located in the City's AE Overlay Zone zoning districts.' B. The Adult Oriented Business shall not be located within six hundred fifty (650) feet of any residential zone. C. The Adult Oriented Business shall not be located within one thousand dive hundred (1500) feet of a school. School means institutions for teaching or caring for minor children e.g., child care facilities, preschool, day schools, elementary schools, secondary schools, high schools; and institutions of higher learning receiving approved graduates of preparatory school, and offering instructions in art, letters and science, leading to the bachelor's degree or mater's degree (e.g., colleges and universities). D. The Adult Oriented Business shall not be located within one thousand feet (1000) of any lot upon which there is properly located a public park recreation area, and public building; within five hundred (500) feet of mty tneftary or any lot used by a religious institution for religious activities at iettst tiffee (�) times per week. E. The Adult Oriented Business shall not be located within five hundred (500) feet of any other Adult Oriented Business including Adult Oriented Businesses located on the same parcel or withitt the same strueture in no event may more than one Adult Oriented Business be located in the same structure. F. The Adult Oriented Business shall not be located within five hundred (500) feet of any business involving an on -premise sale of liquor or alcoholic beverages. G. The Adult Oriented Business shall not be located within any structure for which a part is within one hundred feet (100') of the ultimate right-of-way of a major, primary or secondary thoroughfare as defined in the General Plan of the City of La Quinta and the building entrance shall not be facing said thoroughfare. For the purpose of this chapter, a property fronts on such a road if the property and any portion of the right-of-way for the road have a contiguous boundary. ' The distance of separation required by Findings B, C, D, E and F shall be made by using a straight line, without regard to intervening structures or objects, from the nearest external structural wall of the proposed Adult Oriented Business to the nearest property line of the lot upon which is located a residential use, religious institution, park, recreation area, public building, or school. The measurement taken when the proposed use is located on the same lot as an already existing Adult Oriented Business, the distance between the two shall be measured in a straight line between the nearest external structural walls of each use without regard to intervening structures or objects. No request for subdivision, reparcelization or lot line adjustment shall be approved where the primary purpose is to avoid the intent of these distance requirements. 19 H. The parking requirements for Adult Oriented Businesses shall be as follows: Bookstores and Retail Establishments: 1 parking space/300 sq. ft. of gross floor area Theaters: 1 parking space/3 seats, if seats are fixed, or 1 parking space/24 sq. ft. of gross floor area Cabarets: 1 parking space/3 seats, if seats are fixed, or 1 parking space/35 sq. ft. of gross floor area Motion Picture Arcade: 1 parking space/Individual Viewing Area plus 1 parking space/employee Motel/Hotel: 1 parking space/guest room for first 50 rooms; .75 parking space/guest room thereafter I. The Adult Oriented Business shall not be located completely or partially within any mobile structure or pushcart. J. The Adult Oriented Business shall not stage any Special Events, promotions, festivals, concerts or similar events which would increase the demand for parking beyond the approved number of spaces for the particular use. -- 16 �- �;age -jet-mvia - The Adult Oriented Business shall provide a security system that visually records and monitors all parking lot areas All indoor areas of the Adult Oriented Business which are accessible to the public shall be open to -public view at all times with the exception of restroom facilities. "Accessible to the jublic"shall include but not be limited to those areas which are only accessible to members of the public who pav a ee and/or join a private club or organization. L. The Adult Oriented Business complies with the City's sign regulations. M. The Adult Oriented Business complies with the development and design requirements of the zone in which it is to be located. N. The Adult Oriented Business shall not display any Sexually Oriented Material or Sexually Oriented Merchandise which would be visible from any location other than from within the Adult Oriented Business. O. The Adult Oriented Business shall not allow admittance to any person under the age of 18 if no liquor is served, or under the age of 21 if liquor is served. P. With the exclusion of Adult Oriented Hotels, the Adult Oriented Business shall not operate between the hours of 1:00 a.m. and 9:00 a.m. Q. Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the Adult Oriented Business have been found guilty within the past trove-(2) three 3 years of a misdemeanor or felony elassifled by the Swe as ft sex reiated offense relating to a Specified Criminal Act and have not violated any of the provisions of any Adult Oriented Business Permit or similar permit or license in any city, county, territory, or state. 20 R. The Adult Oriented Business shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from Sexually Oriented Materials and Sexually Oriented Merchandise. Only one person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the Adult Oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the restroom during operating hours. The attendant shall prevent any person(s) from engaging in any Specified Sexual Activities within the restroom and shall ensure that no person of the opposite sex is permitted in the restroom. S. The interior of the Adult Oriented Business which has Individual ViewingAreas, shall be configured such that there is unobstructed view using the naked eye, unaided by any other devices, of every public area of the premises, including but not limited to the interior of all Individual Viewing Areas, from a permanent security station physically demarked in the establishment which is no larger than 32 square feet of floor area with no single dimension being greater than 8 feet in a public portion of the establishment. No public area, including but not limited to the interior of any Individual Viewing Area, shall be obscured by any door, curtain, wall, two way mirror or other device which would prohibit a person from seeing into the interior of the Individual Viewing Area from the manager's station. A security affieer guard shall be stationed in the security station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No Individual Viewing Area shall be designed or operated to permit occupancy of more than one person at a time. "Individual Viewing Area" shall mean any area designed for occupancy of one person for the purpose of viewing live performances, pictures, movies, videos or other presentations. T. All areas of the Adult Oriented Business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level: Bookstores: Retail Establishments: Theater: Cabaret: Motion Picture Arcade: Individual Viewing Booths: Motion Picture Theater: Motel/Hotel: 20 foot-candles 20 foot-candles 5 foot candles (except during performances, at which time the lighting shall be at least 1.25 foot candles) 5 foot candles 10 foot candles in public areas 1.25 foot-candles 10 foot candles (except during performances at which timethe lighting shall be at least 1.25 foot candles) 20 foot candles in public areas U. At least one security guard in addition to the manager, is required for every SO patrons at Adult Oriented Businesses providing live entertainment. The manager may act as the securiU guard where less than SO patrons are present. V. The Individual Viewing Areas of the Adult Oriented Business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more Individual Viewing Areas. 21 W. A traffic study has been prepared for the Adult Oriented Business in conformance with industry standards. The applicant shall demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated on the general plan for that roadway. X. The Adult Oriented Business shall comply with the Noise Element of the General Plan, Interior and Exterior Noise Standards and any mitigation measures necessary to reduce the project's noise impacts to the City's articulated noise standards. Y. The Adult Oriented Business shall comply with all building and construction standards of the Uniform Building Code, Chapter 24 hereof, Title 24 of the California Code of Regulations, and all other federal, state and City -adopted standards for the specific use. Z. Whenever live entertainment is provided, patrons shall be physically separated from Performers by a buffer zone of at least six (6) feet. "Live Entertainment," for the purposes of this requirement, shall mean any existent display by a human being which is characterized by an emphasis on Specified Anatomical Parts or Specified Sexual Activities. This provision shall not apply to an Individual Viewing Area where the stage is completely separated from the Individual Viewing Area by a floor to ceiling permanent, solid barrier. AA. No building, premises, structure, or other facility shall be permitted to contain more than one type of Adult Oriented Business as such types of Adult Oriented Business are defined in Section 5.80.020. For the purposes of this section, the catch-all phrase "Adult Oriented Business" shall not be considered a single type of Adult Oriented Business. time. BB. No Individual Viewing Area may be occupied by more than one (1) person at any one CC. No patron shall come into direct or indirect physical contact with any DD. All building openings, entries, windows, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior from outside the building. EE. Lighting in Parking Lots. Lighting shall be required which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidence of vandalism and theft:. FF. Amplified Sound. No loudspeakers or sound equipment shall be used by an Adult Oriented, Business for the amplification of sound to a level discernible by the public beyond the wall of the building in which such use is conducted. GG. The building entrance to the adult use shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the prernises. As used herein, "minor" means an individual less than eighteen years of age. 22 HE Commercial businesses licensed or operating within the City shall not display or exhibit any material in a manner which exposes to public view photographs or illustrations or specified sexual activities or one or more naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. As used herein, "exposes to public view," means exposes to the view of the person outside the building in which the: commercial business is located. II. The permit required by this chapter shall be displayed in a prominent area. The City Director of Community Development shall deny the requested permit if the above findings have not been made. Section 5.80.070 Permit Duration. An Adult Oriented Business Permit shall be valid for a period of one (1) year from the date of issuance. Section 5.80.080 Permit Renewal. An Adult Oriented Business Permit shall be renewed on a year to year basis provided that the permittee and the Adult Oriented business continues to meet the requirements set forth on this Chapter. A request for Permit renewal must be accompanied by a completed Adult Oriented Business Permit application as required in Section 5.80.050. If said application conforms to the previously approved application and the Adult Oriented Business has not changed, the permit shall be renewed by the Director of Community Development for another year. Any change or alteration in that nature or operation of the Adult Oriented Business will require the renewal to be reviewed by the Director of Community Development. Section 5.80.090 Permits Non -Transferable: Use Specific. No Adult Oriented Business Permit may be sold, transferred, or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation or any other entity. Any such sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the Permit and the Permit shall be thereafter null and void. Any Adult Oriented Business Permit held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the Adult Oriented Business from one element of an Adult Oriented Business to another element of an Adult Oriented Business shall also render the Permit null and void. Any Adult Oriented Business Permit shall only be valid for the exact location specified on the Permit. Section 5.80.100 Enforcement and Revocation. 23 A. Inspections. The Permittee shall permit officers of the City of La Quinta, the County of Riverside, and each of their authorized representatives to conduct unscheduled inspections of the premises of the Adult Oriented Business for the purpose of ensuring compliance with the law at any time the Adult Oriented Business is open for business or occupied. B. Revocation Grounds. The Director of Community Development may revoke an Adult Oriented Business Permit when he or she discovers that any of the following have occurred: Any of the findings contained in Section 5.80.060 above ceases to be satisfied; 2. The application contains incorrect, false or misleading information that tended to enhance the applicant's opportunity for obtainingg a -permit; 3. The applicant is convicted of any felony or misdemeanor which is classified as a sex or sex related offense, any violation of the City's Zoning Ordinance, any violation of the City's massage ordinance, or any violation of any other adult business ordinance of any other city, county, or state; 4. Individual Viewing Areas are being operated with more than one occupant at any one time, or are being maintained with holes, openings or other means of direct visual access between the interior space of two or more Individual Viewing Areas. For the purpose of this section, "Individual Viewing Area" shall mean a viewing area designed for single occupancy; 5. Any person has been convicted of a sex related offense as a result of his or her activity on the premises of the Adult Oriented Business; or 6. Any person or persons has engaged in any Specified Sexual Activities on the premises. C. Revocation Notice. Upon determining that the grounds for permit revocation exist, the Director of Community Development shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may appeal the decision within fifteen (15) calendar days of the posting or the post -marked date on the notice. The notice shall be delivered both by posting the notice at the location of the Adult Oriented Business and by sending the same, certified mail, return receipt requested and postage per-paid,,to the permittee as that name and address appears on the permit. Not later than fifteen (15) calendar days after the latter of the mailing or posting of the notice, the permittee may file an appeal of the Director of Community 24 Development's revocation determination with the City Clerk. If the appeal is within fifteen (15) calendar days of the mailing or posting of the notice referenced above, an appeal hearing shall be provided before the City Manager. The City Manager shall hear evidence the permittee wishes to present as to why the Community Development's Revocation Decision was in error. The City Manager's decision shall be the City's final decision and shall not be appealable to the City Council. D. Reapplication After Revocation. No person, corporation, partnership or member thereof or any other entity may obtain an Adult Oriented Business Permit for a business once its Permit has been revoked. Section 5.80.110 Violation and Penalty. A. Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee employer or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of any unpermitted Adult Oriented Business, or who violates any provisions of this Chapter shall be guilty of a misdemeanor and shall be fined not more than One Thousand Dollars ($1,000.00) for each offense or imprisoned for not more than six (6) months in the county jail for each offense, or both. Each day the violation continues shall be regarded as a separate offense for which the full penalty may be imposed. B. Any establishment operated, conducted or maintained contrary to the provision of this Chapter is unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such Adult Oriented Business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this Chapter. C. Any establishment operated in violation of the Chapter is a public nuisance, abatable pursuant to � D. In any action to abate any such public nuisance. the City shall be entitled to recover all enforcement costs including staff costs and attorney fees. 25 Section 5.80.120 Prohibition Against Nudity_ It shall be unlawful for any person to appear in such a manner so as to knowingly and intentionally: A. Expose his or her genitals. pubic hair, natal cleft, perineum, anal region or pubic air region: or B. Expose any device, costume, or covering vvhich gives the appearance of or simulates the genitals pubic hair, natal cleft perineum anal region, nipple and/or areola of the female breast or pubic hair region: or C Expose the nipples and/or areola of the female breasts except as necessary while engaging in the breast-feeding ofan infant under the age of two years old: or D. Allow any Person to engage in any of the activities described in subsections A-C above in an Adult Oriented Business when such person has ownership or managerial control over the Adult Oriented Business. Section 5.80.130 Expansion of Legal Non -Conforming_ Uses. Notwithstanding any other provisions of this code, no Adult Oriented Business legally operating prior to the effective date of this ordinance may be expanded in any manner unless and until the entire Adult Oriented Business complies in all respects with the provisions of this Chapter 5.80 and/or any other provisions of the code pertaining to the operation of the business. For the purposes of this section, the term "expansion" shall include any physical expansion of the facility in which the Adult Oriented Business is located or operating and/or the introduction and/or addition of any category of Adult Oriented Business not legally operating on the property prior to the enactment of this ordinance as such separate categories of Adult Oriented Business uses are contained in Section 5.80.020. For the purposes of this section, the catchall phrase "Adult Oriented Business" shall not be considered a single category of Adult Oriented Business. SECTION 3: Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4: Chapter 9.154 of the zoning ordinance of the City of La Quinta is revoked in its entirety and a new Chapter 9.154 is enacted as follows: 26 CHAPTER 9.154 ADULT ENTERTAINMENT OVERLAY ZONE Section 9.154.010 Purpose. A. The City Council finds that Adult Oriented Businesses, by their nature, have objectionable secondary effects upon adjacent areas. The purpose of this chapter is to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods, to prevent crime associated with Adult Oriented Businesses as defined in Section 5.80.020, to maintain the integrity of residential neighborhoods, to protect minors from the secondary effects of Adult Oriented Businesses, to protect retail trade occurring adjacent to Adult Oriented Businesses, to maintain property values within the city, and to protect and preserve the quality of life within the city. B. It is not the intent of this chapter, and this chapter shall not be so construed, to suppress, regulate or affect in any way the content of communication or expression associated with Adult Oriented Businesses. C. The City Council finds that this chapter allows the establishment of adult oriented businesses at a reasonable number of locations within the city. D. The City Council finds that the establishment of an Adult Entertainment Overlay Zone best provides the means to adequately regulate Adult Oriented Business uses in the overall land use plan of the city. Section 9.154.020 Permit Required. Prior to establishment or transfer of an Adult Oriented Business all provisions of Chapter 5.80 of the Municipal Code shall be met including obtaining the required permit. Section 9.154.030 Delineation of AE Zone Boundaries. A. Areas of the city hereby designated as being within the adult entertainment (AE) overlay zone are those parcels located in whole or in part within six hundred feet from the centerline of State Highway 111. B. The zoning designation for the parcel shall constitute the base or underlying zone and the AE designation shall constitute an overlay zone. In the event of conflicting provisions between the underlying zone and the AE overlay zone regulations, the requirements and restrictions of the AE overlay zone shall take precedence over the requirements of the underlying zone. 27 SECTION 5: This Ordinance is an urgency ordinance pursuant to Government Code Section 36937(b). The City Council declares that there is a current and immediately threat to the public health, safety or welfare and the establishment of Adult Oriented Businesses in the absence of appropriate regulations to reduce, to the greatest extent possible, the secondary effects associated with Adult Oriented Businesses constitutes that threat to the public health, safety or welfare as referenced in the recitals above. APPROVED, ADOPTED AND SIGNED this day of , 1995, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 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 28 JOHN PENA, Mayor City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF LA QUINTA ) I, , City Clerk of the City of La Quinta, California, do hereby certify that Ordinance No. was regularly introduced at the meeting of , 1995, the reading in full thereof unanimously waived, and was adopted at a regular City Council meeting held on the day of , 1995, by the following vote: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California 29 BI4 STAFF REPORT PLANNING COMMISSION MEETING DATE: JULY 11, 1995 CASE NO.: SPECIFIC PLAN 90-015 REQUEST: FIRST ANNUAL REVIEW OF AN APPROVED DEVELOPMENT PLAN THAT ALLOWED 1,060 DWELLING UNITS ON 265 ACRES. LOCATION: EAST SIDE OF MADISON STREET, NORTH OF AIRPORT BOULEVARD AND WEST OF MONROE STREET (ATTACHMENT 1) REPRESENTATIVE: MR. FORREST K. HAAG, ASLA APPLICANT: KSL PGA WEST CORPORATION/KSL FOSTER LAND L.P. OWNER: FOSTER LAND TRUST ENVIRONMENTAL DETERMINATION: AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED WITH THIS PROJECT IN 1990. THE EIR WAS CERTIFIED BY THE CITY COUNCIL ON DECEMBER 3, 1991. GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL (2-4 DU/AC) ZONING: R-2 BACKGROUND: In 1990, an application was received from Landmark Land Company requesting approval of Specific Plan 90-015 which included proposed 1,060 dwellings and golf course on 265 acres. The project is located east of the existing PGA West development. The project was approved by the City Council on December 3, 1991 (Attachment 2). Condition 7 of Specific Plan 90-015 requires the applicant to request an annual review of the plan by the Commission. The condition states, "...the Developer/Applicant shall be required to demonstrate good faith compliance with the terms of the Specific Plan. The Developer/Applicant of this project hereby agrees to furnish such evidence of compliance as the City, in the exercise of its reasonable discretion, may require." In 1992, staff received a request by Landmark Land Company (LML) to process annual review for this case. A letter was mailed to LML explaining that their request was incomplete. Staff' requested a written progress report that would explain the applicant's work progress in the previous year as required by Condition 7. Staff did not receive any new information on this case for approximately three years. KSL Recreation Corporation purchased this site and adjacent LML holdings in 1993/94. On June 13, 1995, staff received a letter from Mr. Haag requesting that the Planning Commission approve their annual review (Attachment 3). The applicant is requesting a two-year review period. Staff has placed this item on the Planning Commission agenda for discussion as a business item because the Commission has the authority to: (1) review the request and certify that the applicant is in good standing and has demonstrated good faith effort to compliance with the terms of the specific plan, or (2) request a public hearing before the Commission in August to consider amending the existing Conditions of Approval. The annual review of this case should have occurred a few years ago, but it is evident from previous correspondence (during the review of Specific Plan 90-017 in April) that the transfer of ownership of the property plus other legal problems created major difficulties for the owners during the last two years. Staff supports the developer's request to retain their development entitlement because the Planning Commission will review each tentative tract map application submitted to undergo development of the project. RECONUAENIDATION• By Minute Motion 95 approve a two-year extension of time to July 11, 1997, for Specific Plan 90-015 based on Condition 7 of Resolution 91-101. Attachments: 1. Vicinity Map 2. Approved site plan 3. Letter from Mr. Forrest Haag ('lime Extension) 4. Original Conditions pcgt.112 aTt' AC MKIERIF 2 I 1304S 10juow • `, g 1 r I I ti, I 100,4s uosiplaw CASE MAP CASE Nm Proposed Land Use Plan SPECIFIC PLAN 90-015 June 4, 1995 Mr. Jerry Herman Director of Planning and Development City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Status Review of Specific Plan 90-015 Dear Mr. Herman: 1995 In response to a request by the La Quinta Planning Department, I am submitting this letter in order to address the current planning and development status of Specific Plan 90-015 as required by Condition of Approval #7 of Specific Plan 90-015. The current status of the plan area is as follows: The plan area of 90-015 has not been developed to date. No applications have been filed for mapping or construction permitting. From the date of the original approval in December of 1991 to the present, all taxes, fees and other obligations have been met and remain current. The Applicant /Developer, KSL PGA West Corporation and KSL Foster Land L. P. for the beneficial interest of Foster land Trust is in compliance with the terms of the Specific Plan and in light of long range scope of the Specific Plan, respectfully requests a two year interval for future reviews of the Specific Plan. This two year interval is consistent with the recent decision of the La Quinta. Planning Commission referencing a similar condition requirement of Specific Plan 90-017. In closing, KSL PGA West Corporation and KSL Foster Land L. P. for the beneficial interest of Foster land Trust is committed to compliance with the approval requirements of the Planning Commission and City Council of La Quinta and will comply with the review interval as required by the Planning Director. Please notify me if supplemental information is needed to comply with this condition and thank you for your time in resolving this issue to the mutual benefit of the City of La Quinta and KSL. erely, orrest K. Haag, ASLA CC: Nola Dyal, Esq. Chevis Hosea Lloyd Watson, P.E. Forrest K. Haag, ASLA Design and Land Planning 34 Springacre, Irvine, CA 92714 ph/fax (714) 786-8943 A&IFIFAC ERIF �fi CITY COUNCIL RESOLUTION 91-101 CONDITIONS OF APPROVAL - ADOPTED SPECIFIC PLAN 90-015 - LANDMARK LAND COMPANY DECEMBER 3, 1991 Mitigation Measure of Final EIR for SP 90-015 + Condition modified by Planning Commission on 9 / 10191 o Condition modified by City Council on 12 / 3 / 91 GENERAL CONDITIONS 1. The development shall comply with Exhibit "A", the Specific Plan for Specific Plan 90-015, the Final EIR and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 2. Exterior lighting for the project shall comply with the "Dark Sky" Lighting Ordinance. Plans shall be approved by the Planning and Development Department prior to issuance of a building permit. 3. Prior to issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and/or clearances from the following agencies: - City Fire Marshal - City of La Quinta Public Works Department - Planning and Development Department - Building and Safety Department - Coachella Valley Water District - Coachella Valley Unified School District - Imperial Irrigation District - Riverside County Road Department of Transportation Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. 4. 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. 5. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. +6. Prior to any initial final tract map approval, the Applicant/Developer shall prepare an overall plan or program for the provision of comfort station locations for all maintenance employees. This plan/program shall set forth requirements for on -site maintenance employee restroom facilities and how they will be provided for by the homeowner associations' subcontractors, for all contracted landscaping and other maintenance workers. Said plan/program shall indicate methods of providing such facilities, the parties responsible for so doing, and means for enforcement of procedures set forth in the plan/ program. CONAPRVL.030 1 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 7. The Planning Commission shall conduct annual reviews of this Specific Plan. During each annual review by the Commission, the Developer/Applicant shall be required to demonstrate good faith compliance with the terms of the Specific Plan. The Applicant/Developer of this project hereby agrees to furnish such evidence of compliance as the City, in the exercise of its reasonable discretion, may require. Evidence of good faith compliance may include, but shall not necessarily be limited to, good faith progress towards implementation of and compliance with the requirements of the Specific Plan. Upon conclusion of the annual review, the Commission may determine that the Applicant has made good faith compliance/progress and may set a future review date at their discretion. 6. The Applicant/Developer shall submit an off -site improvements and on -site buildout phasing schedule and map at time of the first request to approve a final tract or parcel map. This schedule and map shall be subject to review and acceptance by the Public Works Department. 9. Applicant shall have recorded the Street Vacation 91-016 prior to proceeding with any development activity such as grading or subdivision map recordation. ENVIRONMENTAL *10. All adopted mitigation measures, as recommended in the Draft/Final EIR, shall be incorporated into all future project approvals relating to SP 90-015 where applicable and/or feasible. It is understood that certain measures will not be applicable to certain site specific proposals, however, all development within the Specific Plan area shall be verified as in conformance with said Specific Plan and the mitigation adopted within the Draft / Final EIR. The Specific Plan Draft and Final EIR shall be used in the review of all project proposals in the SP 90- 015 area. Said mitigation measures are hereby incorporated into these conditions by reference. +*11. Prior to any site disturbance, the Applicant/Developer shall initiate a lake bed delineation study, to be based upon the paleontological survey contained in the DEIR as Appendix 11G11. The study shall determine the extent of the ancient lakebed for purposes of implementing a pre -development data recovery program within the limits of the delineated lakebed. This delineation study shall be submitted to the City for monitoring approved and future area projects . If the Developer of this project initiates development activity, then the pre - development data recovery program shall be undertaken prior to any site disturbance. The Applicant/Developer may be reimbursed by other area developers within the area defined by the lakebed study. The Applicant/Developer shall propose a method of reimbursement (such as cost per impacted acre in the lakebed area, etc.) to the City for review/acceptance. Conversely, if other area developer(s) initiate development activity, and are similarly conditioned, this project will be required to reimburse said developer(s) in accordance with the provisions of a reimbursement program. CONAPRVL.030 2 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 If the program is undertaken by this project, then paleontological monitoring of grading shall be required for cuts made during construction activity. Full time monitoring shall be required, given the ubiquitous distribution of paleobiological remains on the project site. The mitigating shall be done under the supervision of a qualified vertebrate paleontologist knowledgeable in both paleontological and archaeological sampling techniques. This program shall include a report identifying contact personnel who will be working on -site, the proposed time schedule for grading monitoring, the qualifications of the persons assigned to do such monitoring and the method to be used in reporting on compliance to the City. This report shall be approved by the City prior to the Developer authorizing any work on the program itself. *12. Applicant/Developer shall work with Waste Management of the Desert to implement provisions of AB 939 and AB 1462. The Applicant/Developer is required to work with Waste Management in setting up the following programs for this project - A. Developer shall prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for storage of recyclables such as glass, plastics, newsprint and aluminum cans. B . Developer shall provide proper on -site storage facilities within the project for green wastes associated with golf course and common area maintenance. Compostable materials shall be stored for pick-up by Waste Management, or an authorized hauler for transport to an appropriate facility. C . Curbside recycling service shall be provided in areas where no centralized trash/recycling bins are provided or utilized. PUBLIC SERVICES/UTILITIES/RESOURCES City Fire Marshal: 13. All water mains and fire hydrants providing the required fire flows shall be constructed in accordance with the City Fire Code in effect at the time of development. 14. The level of service required for this project should be aligned with the criteria for Category II -Urban as outlined in the Fire Protection Master Plan and as follows: A. Fire station located within three miles B . Receipt of full "first alarm" assignment within 15 minutes. Impacts to the Fire Department are generally due to the increased number of emergency and public service calls generated by additional buildings and human population. A fiscal analysis for this project shall be prepared to identify CONAPRVL.030 3 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 a funding source to mitigate any impacts associated with any capital costs and the annual operating costs necessary for an increased level of service. The analysis shall include consideration of the Applicants other proposals (SP 90-016 & SP 90-017) as well as existing and approved area projects. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La Quinta. Coachella Valley Water District 15. Specific Plan 90-015 is within Improvement District No. 1 of the Coachella Valley Water District (CVWD) for irrigation water service. Water from the Coachella Canal is available to the area. The Developer shall use this water for golf course and landscape irrigation. During project development all irrigation facilities shall be designed to utilize reclaimed water sources when such sources become available. *16. Applicant/Developer shall utilize alternative methods to use of water for dust control purposes, such as soil binders and ground covers (required in these conditions) in order to further conserve water resources. Electric Utilities 17. All existing and proposed electric power lines with 12,500 volts or less, which are adjacent to the proposed site or on -site, shall be installed in underground facilities. Schools *18 . Impacts shall be mitigated in accordance with the provisions of AB 1600, Section 53080 and 65995 of the Government Code or the then existing legislation and/or local ordinances adopted pursuant thereto or any applicable Mitigation Agreement entered into by the Developer and the District. In addition, the City, Developer and the Coachella Valley Unified School District shall cooperate in exploring alternatives to provide lands or facilities to the District, through joint use agreements, dedications, or Mello -Roos District formation. Recreation *19. Applicant/Developer shall pay a parkland mitigation fee based upon a requirement of 3.10 acres, as determined based upon the La Quinta General Plan standards and the analysis in the Staff report for SP 90-015. Determination of this fee shall be accomplished as set forth in Section 13.24.030 B. of the La Quinta Subdivision Ordinance. CONAPRVL.030 4 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 Traffic/Circulation Improvements *20. Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, and as required by the City Engineer, as follows: A. Madison Street - Primary Arterial, 55-foot half width; B . Monroe Street - Primary Arterial, 55-foot half width; C. Airport Boulevard - Primary Arterial, 55-foot half width; The public right of way shall be dedicated by grant deed within 180 days following City Council approval of the Specific Plan. 21. The on -site private streets shall be constructed in 37-foot wide access easements granted to the homeowner's association. o22. Improved landscaped setback lots of noted width adjacent to the following street right of ways shall be constructed with the adjacent street improvements as follows: A. Madison Street, 20-feet wide; B. Monroe Street, 25-feet wide. C. Airport Boulevard, 20-feet wide. The Madison Street setback lot shall include provision for an equestrian trail. Design of this trail shall be subject to review and acceptance of the Planning and Development Department and approval of the La Quinta Design Review Board. 23. Vehicle access rights to Madison Street, Airport Boulevard and Monroe Street shall be vacated except for the two residential access streets on the Circulation Plan in the Specific Plan. 24. Turning movements of traffic accessing the residential Specific Plan areas from adjoining public streets shall be as follows: A. Madison Street 1. Residential Area Main Gate - Full turning movement permitted. B . Airport Boulevard 1. Residential Secondary Gate - Full turning movement permitted . o25. The City is contemplating adoption of a major thoroughfare improvement ordinance which is intended to distribute the improvement cost of major thoroughfare construction evenly and fairly on undeveloped land. If the ordinance is adopted, all land division maps prepared pursuant to this Specific CONAPRVL.030 5 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 Plan shall be subject to payment of fees, or construction of improvements in lieu of, as setforth in the ordinance, provided the ordinance is adopted 60 gays prior to recordation of the map. The fees shall be paid, or agreed to be id, prior to recordation of the map. If in the event, the major thoroughfare improvement ordinance is not ado, ,ed, the cost of designing and installing traffic signals on off -site streets shall be as follows: A. Airport Boulevard/Madison Street: 25% fair share responsibility; B. Airport Boulevard/Monroe Street: 25% fair share responsibility; C . Airport Boulevard / Secondary Gate: 100% fair share responsibility; D. Madison Street/Main Gate: 50% fair share responsibility. 26. The access location into the residential area on Madison Street shall be not less than 1200 feet from the Airport Boulevard centerline and no less than 1200 feet from the centerline of the existing approved northerly entry into PGA West from Madison Street. The access location into the residential secondary gate on Airport Boulevard shall be not less than 1200 feet from the Madison Street centerline. *27. Bus turnouts and bus waiting shelters shall', be provided on Madison Street, Monroe Street, and Airport Boulevard as requested by Sunline Transit when street improvements are installed. Street improvement plans shall be reviewed by Sunline Transit Agency prior to final City approval. +*28. All street improvements shall be installed in accordance with the General Plan, the La Quinta Municipal Code, adopted Standard Drawings, City Engineer's requirements and shall include all appurtenant components required by same. Miscellaneous incidental improvements and enhancements to existing improvements where joined by the new improvements shall be designed and constructed as required by the City Engineer to assure the new and existing improvements are appropriately integrated to provide a finished product that conforms with city standards and practices. This includes tapered off -site street transitions that extend beyond specific plan area boundaries and join the widened and existing street sections. The on- and off -site street improvements shall be phased in a manner that is consistent with on -site subdivision maps and internal circulation needs of the specific plan area. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: CONAPRVL.030 6 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 A. ON -SITE STREETS 1. All private local streets - full width Local Street, 36 feet wide between curb faces; 2. Entry streets - divided street, 20 feet wide between curb faces for each roadway. B. OFF -SITE STREETS - The City is contemplating adoption of a major thoroughfare improvement ordinance which is intended to distribute the improvement cost of major thoroughfare construction evenly and fairly on undeveloped land at the time the land is subdivided or otherwise developed for beneficial use. If the ordinance is adopted, all land division maps within this project shall be subject to exaction by said ordinance, provided the ordinance is adopted 60 days prior to recordation of the map. If in the event, the major thoroughfare improvement ordinance is not adopted, the off -site street improvements for this project shall be as follows: 1. Madison Street (portion contiguous to specific plan boundary) - Half - width Primary Arterial street improvements, 110-foot option. 2. Monroe Street (portion contiguous to specific plan boundary) - Half - width Primary Arterial street improvements, 110-foot right of way option. 3. Airport Boulevard (portion contiguous to specific plan boundary) - Half -width Primary Arterial street improvements, 110-foot right of way option. 29. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements . *+30. The Applicant shall provide an overall plan illustrating or describing provisions to allow multiple modes of non -motor vehicle travel throughout the entire specific plan area. This plan may utilize combinations of golf cart paths and tunnels, pedestrian walks, bikeways, etc. , to achieve this. These systems shall be designed to provide overall project access. This plan shall be submitted at the time of the initial tract map submittal, for review by the Planning Commission. HYDROLOGY/GRADING/DUST CONTROL 31. All project grading shall be done in a manner that permits storm flow in excess of the retention basin capacity to flow out of the project through designated emergency overflow outlets and into the historic drainage relief route. Similarly, the project shall be graded in a manner that anticipates receiving CONAPRVL.030 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 storm flow from adjoining property at locations that has historically received flow. *32. Storm water run-off produced in 24 hours by a 100-year storm shall be re' ied on site in landscaped retention basins or other approved retention areas, the golf course. The maximum water depth for any retention area shall not exceed six feet; basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless Applicant provides site -specific data that indicates otherwise. Other requirements include, but are not limited to permanent irrigation improvements, landscape plants and materials, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. The tributary drainage area for which the Applicant is responsible shall extend to the centerline of any public street contiguous to the site. *33. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with any rough grading plan in the specific plan area. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. *34. Prior to the issuance of grading permits, the Applicant shall submit a comprehensive blowing dust and sand mitigation plan on the entire site to the Planning and Development Department for review and approval. This plan shall include, but not to be limited to, consideration of the following means to minimize blowing sand and dust: implementation of Uniform Building Code requirements, development phasing, retention of existing trees, cultivation of interim groundcover or crops, the conservative use of water trucks and sprinkler systems and use of soil binders. *35. Applicant is encouraged to maintain all land within the project boundaries in agricultural status until such land is graded for development, provided that such agricultural production is economically feasible. In the event said undeveloped land is not continued or placed in agricultural production, Applicant shall plan and maintain said land in appropriate ground cover to prevent dust and erosion and to provide an aesthetically pleasing environment. 36. Applicant shall retain a California registered civil engineer, .or designate one who is on Applicant's staff, to exercise sufficient supervision and quality control during construction of the project grading and improvements to certify compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the Applicant to implement this responsibility shall provide the following certifications and documents upon completion of construction: CONAPRVL.030 8 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 A . The engineer shall sign and seal a statement placed on the "as built" plans that says "all ( grading and grades) ( improvements) on these plans were properly monitored by qualified personnel under my supervision during construction for compliance with the plans and specifications and the work shown hereon was constructed as approved, except where otherwise noted hereon and specifically acknowledged by the City Engineer". B . Prior to issuance of any building permit, the engineer shall provide a separate document, signed and sealed, to the City Engineer that documents the building pad elevations. The document shall, for each lot in the tract, state the pad elevation approved on the grading plan, the as built elevation, and clearly identify the difference, if any. The data shall be organized by tract phase and lot number and shall be cumulative if the data is submitted at different times. C . Provide to the City Engineer a signed set of "as built" reproducible drawings of the site grading and all improvements installed by the Applicant. *37. The Applicant shall be required, through grading permit approvals, to adhere to all requirements, as applicable, which are set forth in the 1990 SIP for PM 10 in the Coachella Valley. All grading plan submittals shall be shown to be in compliance with said plan. LAND USE 38. Street dedications, bikeways, easements, improvements, landscaping with permanent irrigation system and screening, etc., to satisfaction of City, shall be provided by Applicant/Developer for any site(s) where dedication of land for public utilities and/or facilities is required. 39. Any proposed entry gates shall be subject to separate plot plan reviews to insure adequate stacking/queuing space, fire access, etc. Plans including guard houses or similar structures will also be subject to Design Review Board approval. 40. Separate Plot Plan review of any maintenance facility site (s) shall be required before the Design Review Board and Planning Commission, with a report of action to be sent to the City Council. o+41. Building heights for residential uses shall be subject to height limits specified in the Specific Plan, except that no building or structure, regardless of use, exceeding one story (24 feet in height), shall be allowed within 200 feet of any perimeter property line/public street frontage. All building heights shall be measured from finished grade elevation. All other residential structures shall be limited to two stories, not to exceed 30 feet. CCNAPRVL.030 9 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 42. Perimeter security walls shall be subject to the following standards: +A. Setback from right-of-way lines along Madison Street, Monroe Street and Airport Boulevard shall average 20 feet, except where right-of-way needs along Monroe Street shall dictate the required average width of the setback for that street. oB. All wall designs, including location and materials, shall be subject to review by the Planning and Development Department. Wall design(s) along Madison Street shall include any necessary provisions /allowances for equestrian trail areas as required in Condition #22. *C. Perimeter wall designs shall incorporate noise abatement requirements as set forth in the Final E1R for SP 90-015. o43. A 6-foot wide meandering sidewalk shall be constructed in the northerly, easterly, and westerly parkways and landscape setback lots of Airport Boulevard, Madison Street, and Monroe Street respectively. Sidewalk design along Madison Street shall take into account the required equestrian trail. o44. Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk and equestrian trail along Madison Street. Landscaping Requirements 45. Landscape and irrigation plans shall be prepared by a licensed landscape architect for the landscaped lots. The plans and proposed landscaping improvements shall be in conformance with requirements of the Planning Director, City Engineer, and Coachella Valley Water District and the plans shall be signed these officials prior to construction. 46. The Applicant/Developer shall prepare detailed irrigation and landscaping plans for required perimeter landscaped setbacks along arterial roadways. These plans shall be coordinated with the street improvement plans for the corresponding arterials, and shall be subject to review by the Planning and Development Department, Public Works Department, Design Review Board, and Planning Commission prior to review by Coachella Valley Water District. *47. Prior to issuance of any grading permit, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire site which shall be for the purpose of wind erosion and dust control. The land owner shall institute blowsand and dust control measures during grading and site development. These shall include but not be limited to: A. The use of soil binders during any construction activities and paving of construction access roads; CONAPRVL.030 10 CONDITIONS OF APPROVAL Specific Plan 90-015 December 3, 1991 B . Planting of cover crop or vegetation upon graded but undeveloped portions of the site; and C. Provision of wind breaks or wind rows, fencing, and/or landscaping to reduce the effects upon adjacent properties and property owners. The land owner shall comply with requirement of the Director of Public Work and Planning and Development. All construction and graded areas shall be watered at least twice daily during construction to prevent the emission of dust and blowsand . *48. Prior to the approval of building permits, the Applicant shall prepare a water conservation plan which shall include consideration of: A. Methods to minimize the consumption of water, including water saving features incorporated into the design of the structures, the use of drought tolerant and low-water usage landscaping materials, and programs to increase the effectiveness of landscape and golf course irrigation, as recommended by Coachella Valley Water District and the State Department of Water Resources. B . Methods for maximizing groundwater recharge, including the construction of groundwater recharge facilities. C . Methods for minimizing the amount of water used for on -site irrigation, including the use of reclaimed water from sewage treatment facilities. The water energy plan shall be subject to review and acceptance by CVWD prior to final approval by the City Engineer. +49. Applicant/Developer shall submit a typical landscape plan for all golf course landscaping, which shall be designated to feature drought tolerant plant species, and the latest water conserving irrigation technology. The plan(s) shall be subject to initial review by the Design Review Board and Planning Commission, with a subsequent final review and acceptance by Coachella Valley Water district prior to landscape construction. Evidence of CVWD acceptance shall be submitted to the Planning and Development Department. Maintenance 50. Applicant shall provide an Executive Summary Maintenance Booklet for the street, landscape irrigation, perimeter wall, and drainage facilities installed in the Specific Plan area. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the homeowner's association in planning for routine and long term maintenance. CONAPRVL.030 11 BI#2 STAFF REPORT PLANNING COMMISSION MEETING DATIE: JULY 11, 1995 CASE NO.: SPECIFIC PLAN 90-016 REQUEST: FIRST ANNUAL REVIEW OF AN APPROVED DEVELOPMENT PLAN THAT ALLOWED 1,208 DWELLING UNITS AND A NEIGHBORHOOD COMMERCIAL PROJECT ON 327 ACRES. LOCATION: GENERALLY, EAST SIDE OF JEFFERSON STREET, SOUTH OF AVENUE 50, AND NORTH OF AVENUE 52 (ATTACHMENT 1) REPRESENTATIVE: APPLICANT: OWNER: ENVIRONMENTAL DETERMINATION: GENERAL PLAN DESIGNATION: ZONING: MR. FORREST K. HAAG, ASLA KSL LA QUINTA CORPORATION/KSL GROVE LAND L.P. GROVE LAND TRUST AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED WITH THIS PROJECT IN 1990. THE EIR WAS CERTIFIED BY THE CITY COUNCIL ON DECEMBER 3, 1991. LOW DENSITY RESIDENTIAL (2-4 DU/AC) AND NEIGHBORHOOD COMMERCIAL R-2 AND C-P-S In 1990, an application was received from Landmark Land Company requesting approval of Specific Plan 90-016. Specific Plan 90-016 proposed 1,208 dwellings and a golf course on 327 acres. A commercial site was also part of the project to the west of Jefferson Street. The project is located east of the Citrus Country Club. The project was approved by the City Council on December 3, 1991 (Attachment 2). Condition 7 of Specific Plan 90-016 requires the applicant to request an annual review of the plan by the Commission. The condition states, "...the Developer/Applicant shall be required to demonstrate good faith compliance with the terms of the Specific Plan. The Developer/Applicant of this project hereby agrees to furnish such evidence of compliance as the City, in the exercise of its reasonable discretion, may require." In 1992, staff received a request by Landmark land Company (LML) to process annual review for this case. A letter was mailed to LML explaining that their request was incomplete. Staff requested a written progress report that would explain the applicant's work progress in the previous year as required by Condition 7. Staff did not receive any new information on this case for approximately three years. KSL Recreation Corporation purchased this site and adjacent LML holdings in 1993/94. On June 13, 1995, staff received a letter from Mr. Haag requesting that the Planning Commission approve their annual review (Attachment 3). The applicant is requesting a two-year review period. Staff has placed this item on the Planning Commission agenda for discussion as a business item because the Commission has the authority to: (1) review the request and certify that the applicant is in good standing and has demonstrated good faith effort to compliance with the terms of the specific plan, or (2) request a public hearing before the Commission in August to consider amending the existing Conditions of Approval. The annual review of this case should have occurred a few years ago, but it is evident from previous correspondence (during the review of Specific Plan 90-017 in April) that the transfer of ownership of the property plus other legal problems that arose after the purchase created major difficulties for the owners in the last few years. Staff supports the developer's request to retain their development entitlement because the Planning Commission will review each tentative tract map application submitted to undergo development of the project. By Minute Motion 95-_, approve a two-year extension of time to July 11, 1997 for Specific Plan 90-016 based on Condition 7 of Resolution 91-103. pcgt.111 Attachments: 1. Vicinity Map 2. Approved site plan 3. Letter from Mr. Forrest Haag (Time Extension) 4. Original Conditions pcgt.111 Citrus Country Club ,mmerical CASE Nm Avenue 5n Avenue 3l CASE MAP Proposed Land Use Plan SPECIFIC PLAN 90-016 SVECIM aqua BOUNDARY LOCAL ►BLOATS STREET LAND USE OIIOEa 006" R a O{/Ap IEI MEIObRI ACMAW A.ET OEMtn NAOAIIN E OIYACI to OW GALORE A O/®I YACE ACMAOE 'm TOTAL Wn In mm ACMAOE CO-40 COL ERE WAN TOTAL E M PLAN OOIAIOMIT AAMAOE ORTN SCALE: VTWT- HMENT 3 June 4, 1995 JUN , �H5 Mr. Jerry Herman Director of Planning and Development City of La Quinta 78-495 Calle Tampico La Quinta, CA 92714 Re: Annual Status Review of Specific Plan 90-016 Dear Mr. Herman: In response to a request by the La Quinta Planning Department, I am submitting this letter addressing the current planning and development status of Specific Plan 90-016. This documentation is required by CONDITIONs OF APPROVAL #7 of Specific Plan 90-016. The plan area of 90-016 has not been developed to date and no applications for subsequent mapping or construction permitting have been filed from the date of the original approval to this date. Given this, the Applicant /Developer, KSL La Quinta Corporation and KSL Grove Land L.P. for the beneficial interest of Grove Land Trust, is in compliance with the terms of the Specific Plan and given the scope of the plan, requests a two year interval for future reviews of the Specific Plan. In closing, KSL La Quinta Corporation and KSL Grove Land L.P. for the beneficial interest of Grove Land Trust is committed to compliance with the approval requirements of the Planning Commission and City Council of La Quinta for the plan area of Specific Plan 90-016 and will comply with the review interval as required by the Planning Director. If supplemental information is required to comply with this condition, pleas let me know and I will provide information as requested. Thank you for your time in resolving this issue for KSL and the City of La Quinta. rely, orrest K. Haag, ASLA CC: Nola Dyal, Esq. Chevis Hosea Lloyd Watson, P.E. Forrest K. Haag, ASLA Design and Land Planning 34 Springacre, Irvine, CA 92714 ph/fax (714) 786-8943 A11FIFACMEMIF 4 CITY COUNCIL RESOLUTION 91-103 EXHIBIT 'A' CONDITIONS OF APPROVAL - ADOPTED SPECIFIC PLAN 90-016 - LANDMARK LAND COMPANY DECEMBER 3, 1991 * Mitigation Measure of Final EIR for SP 90•-016 + Condition added/modified by Planning Ccmmission o Condition added/modified by City Council GENERAL CONDITIONS 1. The development shall comply with Exhibit "A", the Specific Plan for Specific Plan 90-016, the Final EIR and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 2. Exterior lighting for the project shall comply with the "Dark Sky" Lighting Ordinance. Plans shall be approved by the Planning and Development Department prior to issuance of a building permit. 3. Prior to issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and/or clearances from the following agencies: - City Fire Marshal - City of La Quinta Public Works Department - Planning and Development Department - Building and Safety Department - Coachella Valley Water District - Desert Sands Unified School District - Coachella Valley Unified School District - Imperial Irrigation District - Riverside County Department of Transportation Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. 4. 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. 5. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. +8. Prior to any initial final tract map approval, the Applicant/Developer shall prepare an overall plan, or program, for the provision of comfort station locations for all maintenance employees. This plan/program shall set forth requirements for on -site maintenance employee restroom facilities and how they will be provided for by the homeowner associations' subcontractors, for all contracted landscaping and other maintenance workers. Said plan/program CONAPRVL.024 1 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 shall indicate methods of providing such facilities, the parties responsible for so doing, and means for enforcement of procedures set forth in the plan/ program. 7. The Planning Commission shall conduct annual reviews of this Specific Plan. During each annual review by the Commission, the Developer/Applicant shall be required to demonstrate good faith compliance with the terms of the Specific Plan. The Applicant / Developer of this project hereby agrees to furnish such evidence of compliance as the City, in the exercise of its reasonable discretion, may require. Evidence of good faith compliance may include, but shall not necessarily be limited to, good faith progress towards implementation of and compliance with the requirements of the Specific Plan. Upon conclusion of the annual review, the Commission and. may set a future review date at their discretion. 8. Applicant / Developer shall submit a revised Specific Plan document showing the following: A. Change of land use designation for commercial acreage. B . Revisions to appropriate text and exhibits for general plan and zoning designations, acreage figures, restrictions on commercial site, etc. C. Change building heights from top of slab to finish grade. D. The revised document shall be submitted prior to any permit approvals for the project. 9. The Applicant/Developer shall submit an off -site improvements and on -site buildout phasing schedule and map at time of the first request to approve a final tract or parcel map. This schedule and map shall be subject to review and acceptance by the Public Works Department:. 10. Applicant shall have recorded the Kaylon Street vacation (SV 91-017) prior to proceeding with any development activity such as grading or subdivision mapping. ENVIRONMEE1TAL *11. All adopted mitigation measures, as recommended in the Draft/Final EIR, shall be incorporated into all future project approvals relating to SP 90-016 where applicable and/or feasible. It is understood that certain measures will not be applicable to certain site specific proposals, however, all development within the Specific Plan area shall be verified as in conformance with said Specific Plan and the mitigation adopted within the Draft/Final EIR. The Specific Plan Draft and Final EIR shall be used in the review of all project proposals in the SP 90- 016 area. Said mitigation measures are hereby incorporated into these conditions by reference. CONAPRVL.024 2 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 +*12. Prior to any site disturbance, the Applicant/Developer shall initiate a lake bed delineation study, to be based upon the paleontological survey contained in the DEIR as Appendix "G". The study shall determine the extent of the ancient lakebed for purposes of implementing a pre -development data recovery program within the limits of the delineated lakebed. This delineation study shall be submitted to the City for monitoring approved and future area projects. If the Developer of this project initiates development activity, then the pre - development data recovery program shall be undertaken prior to any site disturbance. The Applicant/Developer may be reimbursed by other area developers within the area defined by the lakebed study. The Applicant/Developer shall propose a method of reimbursement (such as cost per impacted acre in the lakebed area, etc.) to the City for review/acceptance. Conversely, if other area developer(s) initiate development activity, and are similarly conditioned, this project will be required to reimburse said developer(s) in accordance with the provisions of a reimbursement program. if the program is undertaken by this project, then paleontological monitoring of grading shall be required for cuts made during construction activity. Full time monitoring shall be required, given the ubiquitous distribution of paleobiological remains on the project site. The mitigating shall be done under the supervision of a qualified vertebrate paleontologist knowledgeable in both paleontological and archaeological sampling techniques. This program shall include a report identifying contact personnel who will be working on -site, the proposed time schedule for grading monitoring, the qualifications of the persons assigned to do such monitoring and the method to be used in reporting on compliance to the City. This report shall be approved by the City prior to the Developer authorizing any work on the program itself . *13. Applicant/Developer shall work with Waste Management of the Desert to implement provisions of AB 939 and AB 1462. The Applicant / Developer is required to work with Waste Management va setting up the following programs for this project: A. Developer shall prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for storage of recyclables such as glass, plastics, newsprint and aluminum cans. B . Developer shall provide proper on -site storage facilities within the project for green wastes associated with: golf course and common area maintenance. Compostable materials shall be stored for pick-up by Waste Management, or an authorized hauler for transport to an appropriate facility. C. The Developer shall work with Waste Management towards establishment of a recycling center within the acres commercial site. D . Curbside recycling service shall be provided in areas where no centralized trash/recycling bins are provided or utilized. CONAPRVL.024 3 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 PUBLIC SERVICES/UTILITIES/RESOURCES City Fire Marshal: 14. All water mains and fire hydrants providing the required fire flows sha. be constructed in accordance with the City Fire Code in effect at the time of development. 15. The level of service required for this project should be aligned with the criteria for Category II -Urban as outlined in the Fire Protection Master Plan and as follows: A. Fire station located within three miles B . Receipt of full "first alarm" assignment within 15 minutes. Impacts to the Fire Department are generally due to the increased number of emergency and public service calls generated by additional buildings and human population. A fiscal analysis for this project shall be prepared to identify a funding source to mitigate any impacts associated with any capital costs and the annual operating costs necessary for an increased level of service. The analysis shall include consideration of the applicant's other proposals (SP 90-015 & SP 90-017) as -well as existing and approved area projects. Said analysis shall be subject to review and approval by the Riverside County Fire Department and the City of La quinta. Coachella Vallev Water District 16. Specific Plan 90-016 is within Improvement District No. 1 of the Coachella Valley Water District (CVWD) for irrigation water service. Water from the Coachella Canal is available to the area. The Developer shall use this water for golf course and landscape irrigation. During project development all irrigation facilities shall be designated to utilize reclaimed water sources when such sources become available. *17. Applicant/Developer shall utilize alternative methods to use of water for dust control purposes, such as soil binders and ground covers (required in these conditions) in order to further conserve water resources . Electric Utilities 18. All existing and proposed electric power lines with 12,500 volts or less, which are adjacent to the proposed site or on -site, shall be installed in underground facilities COVAPRVL . 02 4 4 CONDITIONS OF APPROVAL. Specific Plan 90-016 December 3, 1991 Schools *19. Impacts shall be mitigated in accordance with the provisions of AB 1600, Section 53080 and 65995 of the Government Code or the then existing legislation and/or local ordinances adopted pursuant thereto or any applicable Mitigation Agreement entered into by the Developer and the District. In addition, the City, Developer and the Coachella Valley Unified School District shall cooperate in exploring alternatives to provide lands or facilities to the District, through joint use agreements, dedications, or Mello -Roos District formation. Recreation *2C�. Applicant/Developer shall pay a parkland mitigation fee based upon a requirement of 3.53 acres, as determined based upon the La Quinta General Plan standards and the analysis in the Staff report for SP 90-016. Determination of this fee shall be accomplished as set forth in Section 13.24.030. B . of the La Quinta Subdivision Ordinance. Traffic/Circulation Improvements *21. Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Cade, and as required by the City Engineer, as follows: A. Jefferson Street - Major Arterial, 60-foot half width except near the Avenue 52 intersection where the half width shall vary from 60 to 71 feet for a transition distance up to 500 feet in length to accommodate congruent width at the intersection for the north--to-west bound dual left turn lanes and through -lane alignment; B. Avenue 50 - Primary Arterial, 50-foot half width; C. Avenue 52 - Primary Arterial, 55-foot half width; The public right of way shall be dedicated by grant deed within 180 days following City Council approval of the Specific Plan. 22. The on -site private streets shall be constructed in 37-foot wide access easements granted to the homeowner's association. 23. Improved landscaped setback lots of noted width adjacent to the following street right of ways shall be constructed with the adjusted street improvements as follows : A. Jefferson Street, 20-feet wide; B. Avenue 50, 20-feet wide. C. Avenue 52, 20-feet wide. CONAPRVL.024 5 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 24. Vehicle access rights to Jefferson Street, Avenue 50 and 52 shall be vacated except for the two residential access streets and the two commercial access driveways into the commercial area and the maintenance facility shown on the Circulation Plan in the Specific Plan. +25. Turning movements of traffic accessing the residential and commercial Specific Plan areas from adjoining public streets shall be as follows: A. Jefferson Street 1. Residential Area Main Gate - full turn movement. 2. Commercial Area Driveway - full turn movement. B . 50th Avenue 1. Residential Secondary Gate - full turning movements. oC . 52nd Avenue 1. Commercial Area Driveway - left and right turn in, right turn out only. D . Maintenance Facility Location 1. Entry drive - right turn in and out only +26. The access location into the commercial area on Avenue 52 shall be not less than 1000 feet from the Jefferson Street centerline. The access location into the commercial area on Jefferson Street shall be not less than 600 feet from the Avenue 52 centerline. The access location into the residential secondary gate on Avenue 50 shall be not less than 2600 feet from the Jefferson Street centerline. *27. Bus turnouts and bus waiting shelters shall be provided on Jefferson Street, 52nd Avenue, and 50th Avenue as requested by Sunline Transit when street improvements are installed. Street improvement plans shall be reviewed %y Sunline Transit Agency prior to final City approval. *28. All street improvements shall be installed in accordance with the General Plan, the La Quinta Municipal Code, adopted Standard Drawings, City Engineer's requirements and shall include all appurtenant components required by same. Miscellaneous incidental improvements and enhancements to existing improvements where joined by the new improvements shall be designed and constructed as required by the City Engineer to assure the new and existing CONAPRVL.024 6 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 improvements are appropriately integrated to provide a finished product that conforms with city standards and practices. This includes tapered off -site street transitions that extend beyond specific plan area boundaries and join the widened and existing street sections. The on- and off -site street improvements shall be phased in a manner that is consistent with on -site subdivision maps and internal circulation needs of the specific plan area. The following specific street widths shall be constructed to conform with the General Plan street type noted therewith: A. OIL -SITE STREETS 1. All private local streets - full width Local Street, 36 feet wide between curb faces; 2. Entry streets - divided street, 20 feet wide between curb faces for each roadway. B . OFF -SITE STREETS - The City is contemplating adoption of a major thoroughfare improvement ordinance which is intended to distribute the improvement cost of major thoroughfare construction evenly and fairly on undeveloped land at the time the land is subdivided or developed for beneficial use. If the ordinance is adopted, all land division maps within this project shall be subject to exacticn by said ordinance, provided the ordinance is adopted 60 days prior to recordation of the map. If in the event, the major thoroughfare improvement ordinance is not adopted, the off -site street improvements for this project shall be as follows: 1. Jefferson Street (portion contiguous to specific plan boundary) - Half -width Major Arterial street :improvements, plus extra width at Avenue 52 intersection. 2. Avenue 50 (portion contiguous to specific plan boundary) - Half - width Primary Arterial street improvements, 100-foot right of way option. 3. Avenue 52 (portion contiguous to specific plan boundary) - Half - width Primary Arterial street improvements, 110-foot right of way option. 29. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements. CONAPRVL.024 7 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 +*30. The Applicant shall provide an overall plan illustrating or describing provisions to allow multiple modes of non -motor vehicle travel throughout the entire specific plan area. This plan may utilize combinations of golf cart paths and tunnels, pedestrian walks, bikeways, etc. , to achieve this. These systems shall also be designed to provide overall project access to the commercial site, and may cross Jefferson Street at grade if properly designed. This plan shall be submitted at the time of the initial tract map submittal, for review by the Planning Commission. HYDROLOGY/GRADING/DUST CONTROL *31. All project grading shall be done in a manner that permits storm flow in excess of the retention basin capacity to flow out of the project through designated emergency overflow outlets and into the historic drainage relief route. Similarly, the project shall be graded in a manner that anticipates receiving storm flow from adjoining property at locations that has historically received flow. *32. Storm water run-off produced in 24 hours by a 100-year storm shall be retained on site in landscaped retention basins or other approved retention areas on the golf course. The maximum water depth for any retention area shall not exceed six feet; basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless Applicant provides site -specific data that indicates otherwise. Other requirements include, but are not limited to permanent irrigation improvements, landscape plants and materials, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. The tributary drainage area for which the Applicant is responsible shall extend to the centerline of any public street contiguous to the site. *33. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with any rough grading plan in the specific plan area. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. *34. Prior to the issuance of grading permits, the Applicant shall submit a comprehensive blowing dust and sand mitigation plan on the entire site to the Planning and Development Department for review and approval. This plan shall include, but not to be limited to, consideration of the following means to minimize blowing sand and dust: implementation of Uniform Building Code requirements, development phasing, retention of existing trees, cultivation of interim groundcover or crops, the conservative use of water trucks and sprinkler systems and use of soil binders. CONAPRVL.024 8 CONDITIONS OF APPROVAL Specific Plain 90-016 December 3, 1991 *35. Applicant is encouraged to maintain all land within the project boundaries in agricultural status until such land is graded for development, provided that such agricultural production is economically feasible. In the event said undeveloped land is not continued or placed in agricultural production, Applicant shall plan and maintain said land in appropriate ground cover to prevent dust and erosion and to provide an aesthetically pleasing environment. 36. Applicant shall retain a California registered civil engineer, or designate one who is on Applicant's staff, to exercise sufficient supervision and quality control during construction of the project grading and improvements to certify compliance with the plans, specifications, applicable codes, and ordinances. The engineer retained or designated by the Applicant to implement this responsibility shall provide the following certifications and documents upon completion of construction: A. The engineer shall sign and seal a statement placed on the "as built" plans that says "all (grading and grades) (improvements) on these plans were properly monitored by qualified personnel under my supervision during construction for compliance with the plans and specifications and the work shown hereon was constructed as approved, except where otherwise noted hereon and specifically acknowledged, by the City Engineer". B . Prior to issuance of any building permit, the engineer shall provide a separate document, signed and sealed, to the City Engineer that documents the building pad elevations. The document shall, for each lot in the tract, state the pad elevation approved on the grading plan, the as built elevation, and clearly identify the difference, if any. The data shall be organized by tract phase and lot number and shall be cumulative if the data is submitted at different times. C . Provide to the City Engineer a signed set of "as built" reproducible drawings of the site grading and all improvements installed by the Applicant. *37. The Applicant shall be required, through grading permit approvals, to adhere to all requirements, as applicable, which are set forth in the 1990 SIP for PM 10 in the Coachella Valley. All grading plan submittals shall be shown to be in compliance with said plan. LAND USE +36. The commercial site, as proposed by the Specific Plan, shall be limited to 15 acres of net commercial development. The remaining six acres of this site shall be developed as passive, visual or active open space, housing, or a combination of these and other non-commercial uses. Plot plan approvals submitted for this site shall detail these proposals and adequately depict the plan's compliance with the intent of this condition. If the Applicant/Developer restricts a portion of this site for day-care facilities, this will also be considered as a credit toward the six acre non-commercial use requirement. CONAPRVL.024 9 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 39. No drive -through facilities (except for medical uses) shall be permitted within the 15 acre commercial site for SP 90-016. 40. Plot Plan or Conditional Use Permit applications, as deemed necessary by C-P-S Zone requirements, shall be processed for the commercial site as deemed necessary by the Planning and Development Department at time of submittal for site plan review (see also 38 above) . 41. Street dedications, bikeways, easements, improvements, landscaping with permanent irrigation system and screening, etc. , to satisfaction of City, shall be provided by Applicant/Developer for any site(s) where dedication of land for public utilities and/or facilities is required. 42. Any proposed entry gates shall be subject to separate plot plan reviews to insure adequate stacking/queuing space, fire access, etc. Plans including guard houses or similar structures will also be subject to Design Review Board approval. 43. Separate Plot Plan review of the maintenance facility site shall be required before the Design Review Board and Planning Commission, with a report of action to be sent to the City Council. o+44. Building heights for residential uses shall be subject to height limits specified in the Specific Plan, except that no building or structure, regardless of use, exceeding one story (24 feet in height), shall be allowed within 200 feet of any perimeter property line/public street frontage. All building heights shall be measured from finished grade elevation. All. other residential structures shall be limited to two stories, not to exceed 30 feet. 45. Perimeter security walls shall be subject to the following standards: A. Setback from right-of-way lines along Jefferson Street, 52nd Avenue and 50th Avenue shall average 20 feet. B . All wall designs, including location and materials, shall be subject to review by the Planning and Development Department. *C. Perimeter wall designs shall incorporate noise abatement requirements as set forth in the Final EIR for SP 90-0113. 46. Applicant shall construct an eight -foot wide meandering bike path in the easterly parkway of Jefferson Street and landscaped setback lot in lieu of the standard six-foot wide sidewalk. A 6-foot wide meandering sidewalk shall be constructed in the southerly and northerly parkways and landscape setback lots of Avenues 50 and 52 respectively. 47. Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk. CONAPRVL.024 10 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 48. A minimum 10 foot minimum average landscaped setback shall be required along the 2604 foot easterly boundary of the site, adjacent to Green Valley Ranches, to buffer potential impacts due to the existing Equestrian Overlay zoning in that project. Landscape design and overall layout of this buffer area shall be subject to review by the Design Review Board. Future tract maps in this area shall be required to prepare disclosure statements to homeowners regarding the proximity of equestrian uses to their property. Landscaping Requirements 49. Landscape and irrigation plans shall be prepared by a licensed landscape architect for the landscaped lots. The plans and proposed landscaping improvements shall be in conformance with requirements of the Planning Director, City Engineer, and Coachella Valley Water District and the plans shall be signed these officials prior to construction. 50. The Applicant/Developer shall prepare detailed irrigation and landscaping plans for required perimeter Iandscaped setbacks along arterial roadways. These plans shall be coordinated with the street improvement plans for the corresponding arterials, and shall be subject to review by the Planning and :Development Department, Public Works Department, Design Review Board, and Planning Commission prior to review by Coachella Valley Water District. *51. Prior to issuance of any grading permit, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire site which shall be for the purpose of wind erosion and dust control. The land owner shall institute blowsand and dust control measures during grading and site development. These shall include but not be limited to: A. The use of soil binders during any construction activities and paving of construction access roads; B . Planting of cover crop or vegetation upon graded but undeveloped portions of the site; and C. Provision of wind breaks or wind rows, fencing, and/or landscaping to reduce the effects upon adjacent properties and property owners. The land owner shall comply with requirement of the Director of Public Work and Planning and Development. All construction and graded areas shall be watered at least twice daily during construction to prevent the emission of dust and blowsand. 52. Prior to the approval of building permits, 'the Applicant shall prepare a water conservation plan which shall include consideration of: A. Methods to minimize the consumption of water, including water saving features incorporated into the design of the structures, the use of drought tolerant and low-water usage landscaping materials, and CONAPRVL.024 11 CONDITIONS OF APPROVAL Specific Plan 90-016 December 3, 1991 programs to increase the effectiveness of landscape and golf course irrigation, as recommended by Coachella Valley Water District and the State Department of Water Resources. B . Methods for maximizing groundwater recharge, including the construction of groundwater recharge facilities. C. Methods for minimizing the amount of water used for on -site irrigation, including the use of reclaimed water from sewage treatment facilities. The water energy plan shall be subject to review and acceptance by CVWD prior to final approval by the City Engineer. +53. Applicant/Developer shall submit a typical landscape plan for all golf course landscaping, which shall be designated to feature drought tolerant plant species, and the latest water conserving irrigation technology. The plan(s) shall be subject to initial review by the Design Review Board and Planning Commission, with a subsequent final review and acceptance by Coachella Valley Water district prior to landscape construction. Evidence of CVWD acceptance shall be submitted to the Planning and Development Department. Maintenance o54. The City is contemplating adoption of a major thoroughfare improvement ordinance which is intended to distribute the improvement cost of major thoroughfare construction evenly and fairly on undeveloped land. If the ordinance is adopted, all land division maps prepared pursuant to this Specific Plan shall be subject to payment of fees, or construction of improvements in lieu of, as set forth in the ordinance, provided the ordinance is adopted 60 days prior to recordation of the map. The fees shall be paid, or agreed to be paid, prior to recordation of the map. If in the event, the major thoroughfare improvement ordinance is not adopted, the cost of designing and installing traffic signals on off -site streets shall be as follows: A. Jefferson Street/Avenue 52: 25% fair share responsibility; B. Jefferson Street/Main Gate/Commercial Driveway: 100% fair share responsibility, plus signal interconnect between this signal and the signal at Jefferson Street/Avenue 52; C. Avenue 52/Secondary Gate: 100% fair share responsibility. CONAPRVL.024 12 B1*3 STAFF REPORT PLANNING COMMISSION DATE: JULY 11, 1995 CASE: CONDITIONAL USE PERMIT (CUP)95-017 APPLICANT: JIM L. JARNAGIN (LA QUINTA CAR WASH) REQUEST: APPROVAL OF PRELIMINARY LANDSCAPING PLANS FOR CAR WASH LOCATION: NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 300 FEET WEST OF ADAMS STREET IN THE ONE ELEVEN LA QUINTA CENTER. This conditional use permit was approved by the Planning Commission on April 25, 1995. At that time one of the conditions imposed required approval of the preliminary landscaping plan by the Planning Commission. As a part of that approval, there were a number of specific requirements regarding the landscaping. And excerpt of the conditions regarding the landscaping is attached for your review (Attachment 1). LANDSCAPE PI AN PROPOSAL The applicant has submitted a preliminary landscaping plan including planting details and an irrigation plan. As required by the conditions, applicant has shown 36-inch boxed Rheus Lancea trees along the northern part of the site area. Along the south part of the site in front of the car wash opening, applicant is showing three 36-inch boxed Australian Willow trees. These are being provided in order to comply with the screening requirement for the open car wash door. The applicant has provided trees and plant material which are drought -tolerant. With regards to the design, staff feels that with possibly some minor modification on the south side that it is acceptable. The applicant has kept the landscaping in the north planters very low which is what is required due to the curve in the roadway. Along the south side of the site the applicant has provided a row of Dwarf "Petite Pink" Oleanders to help screen the south side of the car wash entry. Further to the STAFFRPT.039 west along this same area, the applicant is providing screening which is somewhat less dense through the use of limited Dwarf Oleanders and Wheelers dwarf shrubs. The applicant is utilizing Gazania in much of his ground cover areas. A very limited amount of lawn is utilized in the project. Staff feels that the landscaping plan is well designed. There could be some additional screening of the staging area on the west side of the car wash structure. This can easily be achieved by substituting Leucophyllum texanum (Dwarf Texas Ranger) around the Dwarf Oleanders which are provided at the southwest corner of the site. These Dwarf Texas Rangers are being utilized presently on the east side of the car wash tunnel. Staff feels that the landscaping plans with minor changes are acceptable. Therefore, staff recommends approval, subject to the following conditions: 1. That there be Leucophyllum texanum utilized in the southern planter in place of some of the Wheeler's Dwarf with the placement provided to ensure screening of staging area for cars to be washed. Attachments: 1. Excerpt from Conditions of Approval 2. Proposed Landscaping and Irrigation Plans STAFFRPT.039 0 ATTACHMENT Conditions of Approval Conditional Use Permit 95-017 AptU 25.1995 Secondary Arterial 4.0"16.00" Primary Arterial 4.5"16.00" Major Arterial 5.5"16.50" If the applicant proposes to construct a partial pavement section which will be subjected to traffic, the partial section shall be designed with the 20-year design strength. 37. Street plans shall show existing access drives and other improvements impacting the site, improvements proposed with this development, and improvements currently proposed for future construction on adjacent sites which must be integrated with improvements to this site. 38. The City Engineer may require improvements extending beyond site boundaries such as, but not limited to, pavement elevation transitions, street width transitions, trafne striping and other channelization devices, or other incidental work which will insure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 39. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, and common retention basins, shall be prepared by a licensed landscape architect 40.* Landscape and irrigation plans shall be approved by the Planning Commission. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District and the Riverside County Agricultural Commissioner. 41. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no pawn or spray irrigation within 5-feet of curbs along public streets. 42. Slopes shall not exceed 3:1 in perimeter setbacks, medians and other publicly- or commonly - maintained landscape areas. 43. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of aboveground utility structures. 44e* Trees in the parking lot planters at the north and shall be 36-inches multi -trunk Rhos Lancea, with only low growing groundcover installed. Vines, wired to the building wall shall be provided along the east building wall. The concrete area shown between the parking spaces at the northwest corner of the site shall be provided in landscaping. CoaAraMIC 82 Conditions of Approval CondItlonai Use Permit 95417 April 25,1995 45. All trees shall be a minimum 36-inch box size with all palm trees being a minimum of eight feet In height. All landscaping material, design, irrigation system shall be revised and approved by the City as prellminary and final plans. 46. Trees shall be planted near the south opening of the carwash in the street perimeter planting areas to screen said carwash from view of Highway 111. 47. The applicant or applicant's successors in ownership of the property shall ensure perpetual maintenance of private street and drainage facilities, landscaping, and other improvements required by these conditions. 4& 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 the plan checks and permits. C®NAPBYLIC 83 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78.495 Calle Tampico, La Quinta, CA June 27, 1995 I. CALL TO ORDER 3:00 P.M. A. This meeting of the Planning Commission was called to order at 3:07 P.M. by Chairman Adolph. Commissioner Newkirk led the flag salute. 11. ROLL CALL A. Chairman Adolph requested the roll call: Present: Commissioners Abels, Barrows, Butler, Gardner, Newkirk, and Chairman Adolph. Commissioners Barrows/Gardner moved and seconded a motion to excuse Commissioners Anderson. Motion carried unanimously. B Staff Present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Senior Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planners Greg Trousdell and Leslie Mouriquand, and Department Secretary Betty Sawyer. III. PUBLIC COMMENT: None IV. WORKSHOP A. Continued - Zoning Ordinance Update a request of the City for review and approval of the Zoning Code Update. Principal Planner Stan Sawa presented an update on what material had been covered and what was to be discussed. 2. As the City Attorney had not joined the meeting yet, Commissioners elected to discuss Chapter 9.170 (Communication Towers and Equipment) and wait to discuss Chapter 9.160 (Signs). 3. Commissioners discussed various aspects of the towers and their requirements for the equipment. 4. CHAPTER 9.170 - Communication Towers and Equipment Page 6, Section 9.170.060.1.3. Correct "...at least four" feet..." PC6.27 Planning Commission Minutes June 27,1995 5. Page 8, Section 9.170.070.H.2. a. "Identify the site...." 3. The applicant shall provide evidence if the proposed site is located in an urban residential areas as to why there is no comparable site available outside urban residential areas. 6. CHAPTER 9.160 - Signs City Attorney Dawn Honeywell gave an explanation of the changes she had requested. 7. Page 2 - Table 9 - 2. Within residential district signs - building mounted - 1 sq. ft. - no illumination. 4. Remove the word "Memorial". 6. Within a commercial district, small window or building mounted signs, six signs per premise, six sq. ft. 7. Add "temporary" decorations. Add at the end, "removal shall occur within seven days after the holiday. 13. Change to read "In commercial district a glass case display or chalkboard." 14. Delete 15. Delete B. Page 6. Section 9.160.030 H. Add to the last sentence, "The Director may request the Director of Building and Safety to order...." J. Change "reasonable" to "ten days". 9. CHAPTER 9.180 - Transportation Demand Management Staff stated there was no real need to update this section, but if the Commissioners have any questions or comments, they should be discussed at this time. 10. Page 3. Section 9.180.030.6. 2. Change Planning and Development to Community Development Department. 11. Page 8 Section 9.180.110 - change Planning and Development Department to Community Development Department. 12. CHAPTER 9.190 - Transfer of Development Rights No changes. Pc6.27 2 Planning Commission Minutes June 27, 1995 Chairman Adolph recessed the meeting at 5:23 P.M. and reconvened at 7:03 P.M. V. PUBLIC COMMENT: None VI. PUBLIC HEARINGS Chairman Adolph stated that the applicants for Public Hearing #1-Caal Theatres had requested to be placed at the end of the public hearing portion of the agenda as the project's architect's airplane flight was late. Following the request, the agenda was reorganized to place Item #2 as Item #1 and Item #1 as Item #2. A. Specific Plan 121-E, Revised (Amendment #3) and Plot Plan 95.555; a request of Greg Burkhart, Chief Engineer for the La Guinta Resort and Club, for certification of a Mitigated Negative Declaration of Environmental Impact; approval of specific plan amendment to allow elimination of part of the northern parking lot of the La Guinta Resort and Club; and plot plan approval to allow construction of a 37,000 sq. ft. building addition, which includes a ballroom and supplemental facilities with a subterranean parking garage in the R-3 Zone on part of a 17.8 acre site. 1. Commissioners Gardner and Anderson withdrew due to a possible conflict of interest. 2. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. CommissionerButler asked for clarification of the valet parking area in the sublevel parking garage. 4. Commissioner Newkirk asked for clarification of the valet parking area for the new building on the east side the drop off area. 5. Chairman Adolph asked if the applicant had met all the environmental needs of the City. Staff stated that they had met all the requirements. There being no further questions of staff, Chairman Adolph opened the public hearing. Mr. Scott Dalecio, speaking on behalf of the applicant, gave the reasons for their expansion request. 7. Chairman Adolph asked if the loading dock was open on the north (facing Avenida Fernando) as it could be unsightly and collect a great deal of debris. He asked if it could be screened. Mr. Oalecio showed a drawing of the dock and explained its construction and stated they could install gates that could be closed when the facility was not being used. PC6.27 Planning Commission Minutes June 27, 1995 B. Chairman Adolph asked about the noise issue raised by local residents. He asked what the distance was from the new structure to the abutting residents. Mr. Dalecio stated it was about 75-feet to the nearest resident, but a quarter of a mile to any resident in Santa Rosa Cove. Mr. Dalecio went on to explain the travel patterns of the area residents. 9. Chairman Adolph asked if there would be two-way or one-way traffic on Avenida Fernando. Mr. Dalecic explained the avenue of traffic from both the main entrance as well as down Avenida Fernando. 10. Chairman Adolph asked if the subterranean parking would also have the valet parking. Mr. Daliceo stated only as it was necessary. Discussion followed regarding the traffic/circulation problems. 11. Commissioner Barrows asked if the trees along the northeast side of the property could be of a box size to provide shade. Mr. Daliceo stated there was landscaping already present at this location (i.e., citrus trees). 12. Commissioner Barrows asked about the overflow parking that may affect the residents in the area. Would the trafficicirculation design address this problem? Mr. Daliceo stated that they felt they had addressed the problem and in addition had placed "No Parking" signs on Avenida Fernando for Mrs Loeb in an attempt to control parking in the area. During special events, Riverside County Sheriff's Department has been hired to help control parking at their facility. 13. Chairman Adolph asked if the applicant agreed with all the Conditions of Approval. Mr. Daliceo stated that he questioned Condition #11. They would definitely like to see the Eisenhower Drive median landscaped and had used their people to help go through the design for this median and they are willing to assist but need to know the exact amount for the assessment. They do contribute a large percentage to the City's tax base. Senior Engineer Steve Speer clarified that if they had contributed to the design of the median, they would be credited but at this time that amount had not been determined. 14. Chairman Adolph asked if the amount was for the landscaping or design. Steve stated the estimated cost would not reach $25,000 for the work done by KSL. Chairman Adolph stated he felt staff and KSL could resolve the issue. Staff stated previous design costs could be made a part of the credit program. 15. Mr. Tom Hill, Santa Rosa Cove developer representing the Ohio Citizen's Investment, stated the Commission is taking their 128+ units and applying the density to this project; they would not be able to build more than 110 units on their other site. Jerry stated that 121-E specifically identified the number of units L 110 units east of Pcs-v 4 Planning Commission Minutes June 27,1995 Eisenhower Drive► and the applicants would have to come back and amend the specific plan anyway. Discussion followed regarding the density distribution of the site. 16. Mr. Bill Puget, 77.600 Avenida Fernando, property owner north of the site. They had constructed a wall in defense of the development of the Hotel in 1989. Now with this expansion they were concerned with the height, noise, and screening of the parking lot. Have met with the developers, received a very sensitive response and have come to a resolution with the primary concerns. Therefore, they have no objection to the project proceeding. 17. There being no further discussion, Chairman Adolph closed the public hearing and opened the matter up for Commission discussion. 18. Commissioner Butler commended the staff on the report and felt it was an excellent presentation. Commissioners Abels and Newkirk agreed. 19. Staff clarified the conditions: 1) gates be installed and added to the Conditions of Approval; and 2) potential credit for the design work be given to KSL. 20. Commissioner Barrows asked staff to clarify whether Mr. Hill would be able to come back and apply. Staff stated they would have the right to apply and ask for the density. 21. There being no further discussion, it was moved and seconded by Commissioners Abels/Barrows to adopt Resolution 95.022 recommending to the City Council concurrence with the approval of the Mitigated Negative Declaration of Environmental Impact according to the Findings. ROLL CALL: AYES: Commissioners Abels, Barrows, Butler, Newkirk, and Chairman Adolph. NOES: None. ABSENT: Commissioners Anderson and Gardner. ABSTAIN: None. 22. It was moved and seconded by Commissioners Abels/Butler to adopt Resolution 95-023 recommending to the City Council approval of Revised Specific Plan 121-E (Amendment #3), subject to the Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Abels, Barrows, Butler, Newkirk, and Chairman Adolph. NOES: None. ABSENT: Commissioners Anderson and Gardner ABSTAIN: None. 23. It was moved and seconded by Commissioners Abels/Barrows to adopt Minute Motion 95.024 approving Plot Plan 95.555, subject to the Conditions of Approval as amended. Unanimously approved with Commissioners Anderson and Gardner absent. PC6.27 Planning Commission Minutes June 27, 1995 B. Continued - Environmental Assessment 95.301 and Plot Plan 95.554; a request of Caal Theatres for approval of a Mitigated Negative Declaration of environmental impact and approval of a plot plan to allow the construction of a 30,000 square foot 8-plex theater. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff stated that changes had been made to the Conditions of Approval to reflect the applicant's submittal. 2. Commissioner Barrows asked about Condition #21.C. and #21.13. to clarify the type of trees to be planted. Staff clarified the trees to be planted in the planter. 3. Commissioner Barrows asked how many bicycle racks would be required in Condition #16. Staff stated there was no specific formula to determine the number. It would be determined by staff (a minimum size to accommodate ten bicycles). 4. Commissioner Barrows asked staff to clarify the exposure of the neon lighting. Staff stated the conditions require the neon tubing to be hidden and be indirect lighting. 5. Chairman Adolph asked if the color of the neon was submitted. Staff stated it was turquoise -blue. 6. Commissioner Gardner asked staff to clarify the proposed design of the downspouts on the back of the building. Staff explained the construction of the false pilaster to be constructed to hide the downspouts. 7. Chairman Adolph asked if the downspout could be stuccoed to blend in with the building. Staff stated the conditions could be amended to address this request. 8. Commissioner Barrows asked for clarification of the height of the building at the tower. Staff explained the highest tower would be 44'10". The parapet would be 35'4". Commissioner Barrows stated this is 14' above the highest point of the Albertson's building. Community Development Director Jerry Herman clarified that the height of the building was within the requirements of the Zoning Ordinance. Chairman Adolph asked if the request before them included the landscaping and signs. Staff stated the signs would come back to the Planning Commission and the landscaping would be approved by staff, based on the conditions at this time. 10. Commissioner Anderson stated that at the last meeting he had asked to see an overall site plan showing the parking for the entire center. Staff displayed the overall site plan of the Center and explained the area affected by the parking of the theater. Discussion followed relative to the peak period parking needs. PC6.21 Planning Commission Minutes June 27, 1995 11. There being no further questions of staff, Chairman Adolph opened the public hearing and asked if the applicant wished to address the Commission. Mr. Roger Thorpe, representing the applicant, addressed the Commission regarding the concerns that had been raised. 12. Mr. Thorpe clarified the height of the building. He stated that the highest points were to draw attention the theater. He went on to explain the purpose for the building height (i.e., the movie screen), sound quality, and the mechanical space needed. The neon lighting is needed because the structure is at the rear of the center and behind several satellite pad sites. It is important to distinguish this building from the other buildings in the Center. Therefore, it is necessary to have the exposed neon to draw attention to the building. The blue neon is softer and will not make a loud statement. Need to have the ability to express that they are a theater with the neon lighting and in addition they do not feel it is fair to require them to landscape the rear of the building when no other building tenant has been required to. He displayed pictures of the existing Oleanders that are planted in the rear of the site. They feel this is sufficient landscaping to guide any future development north of the property. Requiring landscaping is a hardship to his client. 13. Commissioner Anderson asked for clarification on the downspout and false pilaster. The separation between the stucco and textcoat would appear as a vertical line. Mr. Thorpe stated yes. 14. Commissioner Anderson stated he understood the reason for the air conditioning space in the attic of the building, but what is the size of the ducts and returns? Mr. Thorpe explained. Discussion followed regarding the installation of the duct work in conjunction with the mechanical equipment in the building attic. 15. Commissioner Anderson stated that on the tower structure of the other buildings in the center do not use it as a sign. Has any other area been looked at to relocate the sign. Mr. Thorpe stated that the sign people have looked at all the options and this was the best suited location for patrons to see the sign from Highway 111. The sign was vital to the project for visibility and identification. 16. Commissioner Abels stated he approved of the project as designed. 17. Commissioner Gardner asked staff to clarify the effect of the lighting on the Dark Sky Ordinance. Community Development Director Jerry Herman stated the Code allowed exposed neon. 18. Commissioner Barrows asked where neon lighting had been approved at other sites. Staff stated the only other site was the Jefferson Square project, but it was indirect lighting. Discussion followed as to the neon lighting. PCB-27 Planning Commission Minutes June 27,1995 19. Commissioner Gardner asked for clarification of the installation as to whether they are open and exposed or hidden under the cornice. Mr. Thorpe explained the installation (exposed) and staff displayed the elevation drawing. 20. Commissioner Newkirk stated he felt this was a very subdued presentation (because blue neon was being used) and he agreed with the applicant. 21. Commissioner Butler stated he agreed that landscaping at the rear of the building was not necessary. He would like to see the sign program before it is approved and as a concession, shine the neon light down, maybe with a lip of wood installed to direct the light down. Mr. Thorpe stated that the effect of covering caused it a to be a covered laminar. To gain the effect of the neon, which is an effect associated with going to the movies, they would need to have it exposed. 22. Commissioner Barrows asked if there was another light medium they could use to keep the effect. Mr. Thorpe explained florescent lighting would be used if the light source had to be shielded. 23. Commissioner Abels stated this was a movie theater and there must be a give and take and this proposal has been done very tastefully. 24. Commissioner Anderson stated he was concerned about the neon, but was not entirely opposed to it. If it is recessed and shielded it does Bose its affect. He was willing to allow the neon. 25. Commissioner Barrows agreed that even though the landscaping would add to the north side of the building, she did not feel it was necessary. The landscaping on the south elevation where the Eucalyptus are shown, what are the height of the plants. Mr. Thorpe stated they would be 20•feet. Commissioner Barrows asked if there was a bench and if none, where would the applicant expect the patrons to wait. Mr. Thorpe stated there is one bench and probably be more, as well as the grass and art work. Commissioner Barrows suggested that a few extra Palm Trees would soften the effect of the building and give some added shade. 26. Chairman Adolph asked if each theater is individually air conditioned. Mr. Thorpe stated each had its own air conditioning unit. 27. Chairman Adolph stated he had no objection to the neon lighting and the landscaping does need some attention to clustering the palms and trees for shade. 28. There being no further public comment, Chairman Adolph closed the public hearing. PCB-27 8 Planning Commission Minutes June 27, 1995 29. Commissioner Anderson expressed his concern for the signage and would address it when presented. 30. Commissioner Barrows stated she felt additional landscaping should be added to the design for shade. Staff stated that Condition #21.A. would require additional landscaping. 31. Community Development Director Jerry Herman pointed out the changes to the Conditions of Approval. They were: Condition #16 8.10 bike racks. Condition 19 deleted Condition 21.A. add more trees Condition 21.C. deleted 32. It was moved and seconded by Commissioners ButlerlAbels to adopt Resolution 95.024 certifying a Negative Declaration of environmental impact for Environmental Assessment 95-301 prepared for Plot Plan 95-554. ROLL CALL: AYES: Commissioners Abels, Anderson, Barrows, Butler, Gardner, Newkirk, and Chairman Adolph. NOES: None. ABSENT: None. ABSTAIN: None. 33. It was moved and seconded by Commissioners ButlerlAbels to adopt Minute Motion 95- 025 approving Plot Plan 95-554, subject to -the amended conditions. Unanimously approved. C. Plot Plan 95-558 (Compatibility Review): a request of Landau Development for approval of a new single family unit for construction in the Lake La Guinta project. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff pointed out that the rear of the house does face west and the applicant has show a substantial overhand which does conform with the Planning Commissions's policy. 2. Commissioner Anderson asked if a materials board had been submitted. Staff displayed and explained the colors submitted. 3. There being no further questions of staff, Chairman Adolph opened the public hearing. Mr. Wendel Veith, architect for the project, stated he was there to address the Commission regarding any questions they may have. PCs-27 9 Planning Commission Minutes June 27, 1995 4. Chairman Adolph asked for clarification on the number of units to be built. Staff stated one is proposed. Mr. Jim LaLoggia, project director for Lake La Quinta, and he finds the design is consistent with the project. 6. There being no further public comment, Chairman Adolph closed the public hearing. 7. It was moved and seconded by Commissioners Barrows/Abets to adopt Minute Motion 95.026 approving Plot Plan 95.558, subject to the conditions as submitted. Unanimously approved. D. Tentative Tract 28189, Change of Zone 95.078, Conditional Use Permit 93-005: a request of Winchester Asset Management for approval to subdivide six existing lots into 11 lots within The Quarry project, change the existing zoning from R-1-20,000 to R-1.10,000; and to eliminate an existing conditional use permit. Associate Planner Leslie Mouriquand presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Adolph opened the public hearing. Mr. Mike Rowe, The Keith Companies, spoke on behalf of the applicant. 3. Commissioner Gardner asked if the applicant would return to the Commission to have the lots across the street split as well. Mr. (Rowe stated that these lots were being split because they were not on the golf course and offer a different market product. 4. There being no further public comment, Chairman Adolph closed the public hearing. 5. It was moved and seconded by Commissioners Barrows/Gardner to adopt Resolution 95-025, recommending to the City Council certification of the Negative Declaration of environmental impact for the project. ROLL CALL: AYES: Commissioners Abels, Anderson, Barrows, Butler, Gardner, Newkirk, and Chairman Adolph. NOES: None. ABSENT: None. ABSTAIN: None. 6. It was moved and seconded by Commissioners Barrows/Butler to adopt Resolution 95- 026, recommending to the City Council approval of Change of Zone 95.078, as proposed. ROLL CALL: AYES: Commissioners Abels, Anderson, Barrows, Butler, Gardner, Newkirk, and Chairman Adolph. NOES: None. ABSENT: None. ABSTAIN: None. Pcs-27 10 Planning Commission Minutes June 27, 1995 It was moved and seconded by Commissioners Barrows/Abels to adopt Resolution 95- 027, recommending to the City Council approval of the elimination of the Conditional Use Permit 93.005 as it applies to proposed Tentative Tract 28189. ROLL CALL: AYES: Commissioners Abels, Anderson, Barrows, Butler, Gardner, Newkirk, and Chairman Adolph. NOES: None. ABSENT: None. ABSTAIN: None. It was moved and seconded by Commissioners Barrows/Abels to adopt Resolution 95- 028, recommending to the City Council approval of the proposed Tentative Tract 2189, subject to the conditions as submitted. ROLL CALL: AYES: Commissioners Abels, Anderson, Barrows, Butler, Gardner, Newkirk, and Chairman Adolph. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS A. Plot Plan 95.556; a request of Washington Plaza Associates for appeal of staff's denial of an extension of time for a temporary construction trailer at the One Eleven La Quinta Shopping Center. 1. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Adolph asked staff to clarify their reason for removal of the trailer. When does staff want the trailer removed. Staff stated they were asking the Commission to deny the applicant's request and have the trailer removed. Staff is asking for removal of the trailer within ten days. Discussion fo1owed as to the options available to the applicant. Mr. Michael Shovlin and Mr. Tom Gruebel spoke on behalf of their request and the reason for their request. 4. Commissioner Abels asked if the trailer was in use now. Mr. Shovlin stated it was in use. Commissioner Gardner asked why there was a billboard advertising prospective tenants call a number for leasing information. Mr. Gruebel stated that is his office in Costa Mesa and when there is a prospective tenant, he makes arrangements to meet them at the site. The trailer is also used by Center management personnel. Commissioner Abels asked what treatment would be given to the trailer to dress it up. Mr. Shovlin stated there would be additional landscaping and painting to dress the trailer up. PC6-27 Planning Commission Minutes June 27,1995 7. Commissioner Anderson asked if ultimately the Center would have on•site property management offices. Mr. Gruebel stated it would be determined as the Center is built - out. it depends on the amount and number of tenants and the agreement made with the tenants. The mix will determine the type of management needed. 8. Chairman Adolph asked if the applicant would be back in another year for another one year extension. Mr. Gruebel stated it would depend on the building program in the next year. 9. Commissioner Anderson asked when the theater would be completed. Mr. Grueble stated it should be completed by the first quarter of 1996. Commissioner Anderson asked if the additional buildings would be constructed, hopefully, in conjunction with the theater construction. At the completion of the shops next to the theater, what percentage would be built out? Mr. Gruebel stated about 50% build•out. Commissioner Anderson stated that based on the previously conversation, this would not be enough to generate on•site property management. Discussion followed. 10. Commissioner Barrows asked what the time period was they were requesting for the extension. Mr. Shovlin stated they would like more than a one year, but City policy only allows s one year permit. 11. Commissioner Abels stated the theater would generate additional interest for the Center and he would recommend the one year extension provided the site improvements were made. 12. Commissioner Gardner stated that being in the construction business, it is transitory, and what would be their objection to moving to one of the empty buildings. Mr. Shovlin stated he would have to pay rent to himself. Mr. Gruebel stated the ultimate goal is to lease all the empty offices. Commissioner Gardner stated the use of the empty shops would give a more permanent feeling to the prospective tenants. 13. Commissioner Anderson asked if there were any empty shops at present. Mr. Gruebel explained what was there. 14. Commissioner Abels stated that if the Commission looked at the overall picture, and if Mr. Shovlin would agree to conditions, it would be a suitable solution. 15. Staff asked that if the Commission approved the extension, the applicant would return to the Planning Commission for an extension request. 16. Commissioner Gardner asked how the suggestions would be enforced. Commissioners Barrows stated the approval would be contingent upon the conditions being met. PCs-27 12 Planning Commission Minutes June 27, 1995 17. There being no further discussion, Commissioners AbelslNewkirk moved to adopt Minute Motion 95.027, approving the request of the applicant to leave the existing temporary trailer in its present location for another one-year period provided the improvements to the trailer and surrounding area, identified in the applicant's letter of May 25, 1995, are completed in the next 30-days, and that the original conditions of Plot Plan 95.483 are met, and that any further requests for an extension be brought back to the Planning Commission for their approval. B. Plot Plan 94-541 (Amendment #1); a request of Vintage Homes, a Division of Century Homes for approval of a typical front yard preliminary landscaping plans for use in conjunction with circular driveways. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff pointed out that the applicant would be required to have three trees. 2. Commissioner Abels asked if staff had looked at the units in Ocotillo built by Century Homes, and this was a lot of concrete. 3. Commissioner Anderson asked to what extent did the applicant take liberties and not meet the landscaping requirements. Staff explained the landscaping that was missing. 4. Commissioner Barrows asked how the Commission could verify the landscaping is there. Community Development Director Jerry Herman suggested the Commission continue the item and have the applicant verify the landscaping being installed. Commissioner Butler stated he though berming was required. Staff stated there was discussion regarding the berming, but it was never made a condition of Rancho Ocotillo. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Anderson to continue the item for two weeks to allow the applicant to submit additional landscaping planting„ berming, planting of trees, etc. Unanimously approved. VIII. CONSENT CALENDAR A. There being no corrections to the Minutes of June 13, 1995, it was moved and seconded by Commissioners Gardner/Barrows to approve the minutes as submitted. Unanimously approved. IX. COMMISSIONER ITEMS A. Bylaws - Elections: Community Development Director Jerry Herman clarified the information contained in the staff report. Pcs-27 13 Planning Commission Minutes June 27,1995 It was moved and seconded by Commissioners Butler/Anderson to accept the change to the Bylaws as submitted. Unanimously approved. 2. Commissioners Butler nominated Commissioner Abels for the office of Chairman. Commissioner Gardner seconded the motion and moved to close the nominations and unanimously approve Commissioner Abels nomination as Chairman. Unanimously approved. 3. Commissioner Abels nominated Commissioner Gardner as Vice Chairman. Commissioner Newkirk seconded the motion and moved to close the nominations and unanimously approve Commissioner Gardner as Vice Chairman. Unanimously approved. B. August meeting dates 1. Following discussion, it was moved by Commissioners Abels/Barrows to go dark at their regular meeting of August 22nd. Unanimously approved. C. Commissioner Barrows gave a brief report of the Council meeting of June 20, 1995. D. Chairman Adolph asked about a condition regarding chainlink fences and a chainlink fence on Jefferson Street for the Citrus Course. Staff stated this was a temporary fence for the construction of the new units. X. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Barrows/Abels to adjourn this meeting of the Planning Commission to a regular meeting on July 11, 1995. This meeting of the Planning Commission was adjourned at 10:30 P.M., June 27, 1995. PCs-27 14