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1995 09 26 PCpps00000 z - - a PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California September 26, 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 95-039 Beginning Minute Motion 95-040 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 PUBLIC COMMENT PUBLIC HEARINGS 1. Item ............ Applicant ...... Location ....... Request ........ Action .......... 7:00 P.M. PLOT PLAN 92-490 Michael Hurst, Architect Northwest corner of Highway 111 and Jefferson Street Approval of a time extension for a previously approved commercial shopping center consisting of approximately 251,550 square feet on approximately 23 acres Resolution 95- PC/AGENDA 2. Item ............. PLOT PLAN 95-565 Applicant ....... KSL PGA West Corporation Location ........ For use potentially anywhere within PGA West Request ......... Approval of additional design schemes for the elevations of the recently approved Ryder (formerly Doral), Heritage, and Masters Collection units Action .......... Minute Motion 95- BUSINESS ITEMS 1. Item ............. SPECIAL ADVERTISING DEVICE 95-079 Applicant ....... La Quinta Chamber of Commerce Location ........ Calle Estado Request ......... Approval of temporary advertising for the upcoming La Quinta Mainstreet Marketplace events between October, 1995 to April, 1996 Action .......... Minute Motion 95- 2. Item ............. SPECIFIC PLAN 84-004 (RANCHO LA QUINTA) Applicant ....... Mr. Grady Sparks, Sparks Construction Location ........ Rancho La Quinta Drive Request ......... Approval of two new unit types in compliance with the adopted Specific Plan (i.e., Terraza and Palacio units) Action ........... Minute Motion 95- CONSENT CALENDAR 1. Approval of the Minutes of the meetings of September 12, 1995. COMMISSIONER ITEMS 1. Commissioner report of City Council meeting 2. Department update ADJOURNMENT STUDY SESSION None PC/AGENDA WORKSHOP MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: SEPTEMBER 26, 1995 SUBJECT: LA QUINTA ZONING ORDINANCE UPDATE BACKGROUND: The last Zoning Ordinance Update review occurred on August 8, 1995. At that time, staff presented the Village Zoning Chapter for review. Enclosed is draft Chapter 9.145 which pertains to Landscape Maintenance Operations. This is a new Chapter to the Ordinance which deals with Leaf Blower Use and Golf Course Landscaping Operation. Section 9.50.050 and 9.90.010 pertaining to Maximum Building Heights for Residential and Non - Residential Development is attached. Originally, the consultant had suggested an envelope type of height measurement. The Planning Commission indicated a desire to have a mean point measure for building heights. The consultant has indicated that he feels that in cases of slope sites this may not be desirable. Therefore, these sections are attached for further review. We have also attached Section 9.150.080 (Parking Regulations) with regards to the drive-thru facilities requirements. The Ordinance presently allows deviating from these development standards as approved by the Planning Commission. Staff feels that standards should be maintained. Attached are Chapter 9.30 through 9.50, 9.60, and 9.80 through 9.100. These are Chapters which the Planning Commission requested revisions. Please review to determine whether the revisions are acceptable. The revisions are either highlighted, bracketed, or circled. Additionally, there may be hand written revisions which staff feels should be reviewed. RECOMMENDATION: Staff recommends that the Planning Commission review the submitted Zoning Ordinance Update Chapters and determine acceptability. Attachments: l . Excerpts from Zoning Ordinance Update MEMOSS.242 RESIDENTIAL DEVELOPMENT STANDARDS [Draft: 31191951 9.50.050 Maximum Building Height. For purposes of this Code, the maximum height of buildings and other structures shall be defined as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary plane shall be established above and parallel to the finish grade of the exterior walls at a vertical distance equal to the specified maximum height. This definition is illustrated in Figure 9-... following: FIGURE 9-...: MAXIMUM BUILDING HEIGHT STRUCTURE MAY NOT PENETRATE IMAGINARY PLANE 9.50.060 Roof and Wall Projections. A. Roof Projections. Notwithstanding Figure 9-..., chimneys, roof vents, finials, spires, and similar architectural features not containing usable space are permitted to extend up to three feet above the maximum structure height set forth in Table 9-... preceding. B. Wall Projections. The following architectural projections are permitted to encroach into the required setbacks specified in Table 9-2 preceding: 1. Roof overhangs, chimneys, awnings and canopies may encroach a maximum of two feet into any required setback provided such projections are no closer than 3% feet from any property line. 2. Cantilevered seating windows or ledges, which are located a minimum of one foot above the floor and do not increase a building's usable floor area, may encroach a maximum of two feet into any required setback provided such projections are no closer than 31/2 feet from any property line. 20 CHAPTER 9.90: NONRESIDENTIAL DEVELOPMENT STANDARDS Sections 9.90.010 Maximum Building Height ..................... 13 9.90.020 Roof Projections .............................. 13 9.90.030 Wall Projections .............................. 14 9.90.040 Table of Development Standards ................ 14 9.90.050 Illustration of Development Standards ........... 16 9.90.060 Irregular Lots ................................ 17 9.90.070 Setbacks from Surface Easements ............... 17 9.90.010 Maximum Building Height. For purposes of this Code, the maximum height of buildings and other structures shall be measured from the mean point of the building site. The mean point shall be defined as the average of the highest and lowest elevations of the exterior walls of the building. This definition is illustrated in Figure 9-... following: FIGURE 9-...: MAXIMUM BUILDING HEIGHT BUILDING MAY NOT EXTEND ABOVE THIS LINE i}� L� �h S� � O D i a HIGHEST ELEVATION sue_' MEAN POINT (i.e. AVERAGE OF HIGHEST AND LOWEST ELEVATIONS OF EXTERIOR WALLS) \ LOWEST ELEVATION 9.90.020 Roof Projections. A. Encroachments Permitted. Notwithstanding Figure 9-... preceding, architectural features not containing usable floor space, such as chimneys, towers, gables, and spires, are permitted to extend 15 feet above the maximum structure height set forth in Table 9-... following if approved as part of a site development or other permit. The aggregate floor or "footprint" area of such architectural features shall encompass no more than ten percent of the ground floor area of the structure B. Antennas. Satellite dish or other antennas shall not extend above the maximum structure height specified in Table 9-... (see Section ... for other antenna regulations). 13 �i,d5o,ogo PARKING [Draft: ]VI 3. A level or nearly level transition area between the street and ramps up or down parkin shall be provided for a distance which will provide adequate sight distance at the street. 4. Landscaping shall be incorporated into parking structures to blend them into tb environment. This shall include perimeter grade planting and rooftop landscaping as deeme appropriate by the Planning Commission . 5. Parking structures shall be subject to site development permit review in all cases. As pa of such review, special care shall be taken to prevent the mass and height of parkin structures from intruding into the streetscape. 6. Multiple level parking structures shall contain light wells (minimum dimensions: 20 x 2( placed at least every two hundred feet. The base elevation of the light well shall 1 landscaped. Tall trees (especially palms) shall be used to tie together the various levels the parking structure. In addition, the Planning Commission may require that upper leve be set back from the level immediately below in order to minimize the apparent mass the structure from the street. J. Drive-Thru Facilities. 1. Drive-thru facilities shall conform to the following regulations. Exceptions to the regulations may be permitted by the Planning Commission when it determines that existi on- or off -site conditions warrant alternative design solutions. 2. No drive -through facility shall be permitted within 200 feet of any residentially zoned used property. 3. Safe on and off -site traffic and pedestrian circulation shall be provided including, but limited to. traffic circulation which does not conflict with entering or exiting traffic, v parking, or with pedestrian movements. 4. A stacking area shall be provided for each service window or machine which contain, minimum of seven tandem standing spaces inclusive of the vehicle being served ' standing spaces shall not extend into the public right-of-way nor interfere,,vith any inte circulation patterns. 5. The drive -through facility shall be designed to integrate with existing or propc structures, including roof lines, building materials, signage and landscaping. 6. Vehicles at service windows or machines shall be provided with a shade structure. 7. Amplification equipment, lighting and location of drive -through elements and ser windows shall be screened from public rights -of -way and adjacent properties. CHAPTER 9.145 LANDSCAPE MAINTENANCE OPERATIONS ........... 1 9.145.010 Purpose .................................................. 1 9.145.020 Definitions ............................................... 1 9.145.030 Time Restrictions .......................................... 2 9.145.040 Limitations on Use ......................................... 2 9.145.050 Exceptions ............................................... 2 9.145.060 Golf Course Landscaping Operations .......................... 3 9.145.070 Minor Use Permits for Leaf Blowers ........................... 3 CHAPTER 9.145 LANDSCAPE MAINTENANCE OPERATIONS Sections 9.145.010 Purpose .......................................... 1 9.145.020 Definitions ........................................ 1 9.145.030 Time Restrictions .................................. 2 9.145.040 Limitations on Use ................................. 2 9.145.050 Exceptions ........................................ 2 9.145.060 Golf Course Landscaping Operations ................. 3 9.145.070 Minor Use Permits for Leaf blowers .................. 3 9.145.010 Purpose. Regulations pertaining to the maintenance of landscaping on real property are hereby established so as to adequately protect both City residents and properties from nuisances associated with such activities, including but not limited to excessive dust, debris, yard waste, noise, and similar impacts. 9.145.020 Definitions. For the purposes of this Chapter, certain words and phrases pertaining to landscape maintenance shall be defined as follows: 1. "BlowerNacuum System" means a leaf blower operated so as to reverse the airflow from exhaust to intake flow, allowing a vacuum effect for purposes of collecting leaves, lawn clippings, cuttings, trimmings, dirt or dust, and other similar debris, and utilizing a detachable collection bag or other similar container for the purpose of containment of such debris for later disposal. 2. "Leaf Blower" means portable power equipment powered by any fuel, electricity, battery, or other form of energy and used in any landscape construction or maintenance work, or other property maintenance activity, for the purpose of blowing, dispersing or redistributing leaves, grass clippings, cuttings and trimmings from trees, shrubs, lawns and other landscape areas, in a manner so as to aid in the ultimate collection of such debris. "Real Property Landscape Maintenance" means landscaping and yard area upkeep associated with any residential or commercial property landscape construction, maintenance or other related enhancement activities, including but not limited to maintenance of any common interest landscaped areas, private residential yard areas, golf course landscape construction and maintenance operations as defined in this Chapter, and similar activities 4. "Golf Course Landscape Operations" means any golf course -related landscaping maintenance, construction or repair activities including, but not limited to, course thatching/reseeding, clipping/cutting of greens, fairways, perimeter rough and associated out -of -play areas, landscape reconstruction activities, remedial work, and similar activities. 9.145: LANDSCAPE MAINTENANCE OPERA TIONS [Draft: 9151951 9.145.030 Time Restrictions. A. Any real property landscape maintenance activities not involving use of leaf blowers or blower/vacuum systems may occur during the following hours: Monday through Saturday 7:00 AM to 7:00 PM Sundays and Federal Holidays 9:00 AM to 6:00 PM B. The use of any leaf blower or blower/vacuum system is prohibited except between the hours of 8:00 AM and 5:00 PM Monday through Friday, and 9:00 AM and 6:00 PM on Saturdays and Sundays. No leaf blower or vacuum system use is permitted during federal holidays. 9.145.040 Limitations on Use. A. Individual homeowners or tenants may operate one leaf blower or blower/vacuum system in accordance with the hours established in Section 9.145.030 provided such use is confined to the subject property. Leaf blowers shall not be used in dirt areas or for the sole purpose of clearing a concrete pad, walkway or other hardscape area of dust or dirt. B. Use of leaf blowers shall not cause dirt, dust, debris, leaves, grass clippings, cuttings, or trimmings from trees or shrubs to be blown or otherwise deposited onto any adjacent parcel(s) of land or any other parcel, lot, public right-of-way or property other than the parcel, land, or lot upon which the leaf blower is being operated. Any and all deposits of debris accumulated through operation of leaf blowers shall be removed and disposed of in a sanitary manner, so as to prevent dispersal by wind or other means, no later than six hours after such deposit by the user. C. Leaf blowers and blower/vacuum systems shall not be operated within ten feet of any operable window, door, or mechanical air intake duct or other similar opening. 9.145.050 EteepUe$so C.otivti to vl5 A. Exempt Activities. The following activities are exempt from the provisions of this Chapter: Landscape construction, maintenance and operational activities undertaken by any public agency or utility purveyor, and all City landscaping operations conducted by City personnel. 2. Any type of landscape operation conducted as a remedial effort due to an emergency situation or determined as a preventive maintenance action, such as to achieve control of blowing sand/dust, erosion control, slope stabilization efforts, etc. FA 9.145: LANDSCAPE MAINTENANCE OPERA TIONS [Draft., 9/5195, �x'e A5 �CeVv� 5 B. Other Fees. The City may grants from these regulations if dee ed,,anpropriate by the Community Development Director. All requests for consideration of ex n s�ia11 be made ®in writing to the Director and shall contain supporting information to justify the granting of an *6. The Director may, at his/her discretion, attach any terms or conditions as necessary and appropriate in the granting of any*xeeption.,:---ce-mF c-n . 9.145.060 Golf Course Landscaping Operations. Golf course operators and their landscape maintenance contractors may utilize leaf blowers, as defined in this Section, only between September 15th and December 1 st of each year. The following hours of permitted operation shall apply during this period: Monday through Friday -- 7:00 AM to 5:30 PM Saturday -- 8:OOAM to 5:00 PM Sunday/Federal Holiday -- Not Permitted IM i r c)1 1. Application may be made for a een4kienal use permit to utilize leaf blowers, as defined in this Chapter, during time periods other than those specified preceding. Application shall be made pursuant to Section 9.145.070. 2. Golf course operators are permitted to utilize blower/vacuum systems in accordance with the hours set forth in Section 9.145.030 throughout the calendar year. 9.145.070 Minor Use Permits for Leaf Blowers. A. The minor use permit process may be utilized only by large scale landscaping operations, such as for golf course and property management, to deviate from regulations pertaining to hourly, daily or calendar year -based restrictions on leaf blower operations only. All other similar landscaping operations shall be regulated in conformance with Section 9.145.030.A. B. Application Submittal - Minor use permit applications shall be submitted to the Community Development Director on the form provided by the Community Development Department. Submittal shall be accompanied by the fee as established by the City Council. C. Processing - Minor use permit applications shall be processed in accordance with Section 9.220.030. The Community Development Director shall have the authority to approve, deny, revoke, suspend or otherwise modify any minor use permit for leaf blower operation. Any decision by the Community Development Director may be appealed to the Planning Commission in accordance with Section 9.210.100 within 15 days of the date of decision on the subject application. Appeals shall be made in writing to the Community Development Director and accompanied by the fee as adopted by resolution of the City Council. Applications which do not include all information specified in Paragraph 3 9.145: LANDSCAPE MAINTENANCE OPERATIONS [Draft. 9151951 D following shall not be deemed as complete for processing until the missing information as specified has been received. D. Application Requirements - In addition to a completed application form and required fee, all minor use permit applications shall include the following information; 1. If the application is not being made by the subject property owner or homeowners association/property management entity, then written authorization from the pertinent organization shall be provided. 2. A copy or other verification of possession of a valid City of La Quinta business license. A copy of a completed application for business license which has been received by the City for processing is acceptable but no application for a minor use permit shall be approved until a business license has been issued. This requirement also applies to any landscape subcontractors utilized by the corresponding management entity. 3. A listing of any landscaping maintenance subcontractors being utilized by the management entity/golf course operator. This listing shall include the City business license, number, date of issue, and date of expiration for each contractor/subcontractor being utilized under the minor use permit. E. Notice of Decision - The Community Development Director shall notify the applicant in writing as to the decision on a minor use permit application. Such notice shall be transmitted by mail no later than 14 calendar days after the application has been deemed complete. Approval of a minor use permit shall apply only to the subject property and affiliated maintenance contractors/subcontractors as specified in the application and shall not be construed as an approval for a contractor/subcontractor to operate any leaf blower(s) on properties other than those set forth in the subject application. F. Term of Approval - A minor use permit shall be valid for a period as determined by the Community Development Director on a case -by -case basis. If, during the approval period for a minor use permit, the Director determines that a violation of any terms or conditions set forth in the original application or attached to the permit approval has occurred, then the Director may revoke, modify or otherwise set additional restrictions on the minor use permit as deemed appropriate in the context of factors such as nature of violation, permit restrictions, resident/tenant complaints received, and other factors. 4 CHAPTER 9.30: RESIDENTIAL DISTRICTS Sections: 9.30.010 Summary of District Regulations .................... 1 9.30.020 Affordable Housing Requirements .................. 2 9.30.030 RVL Very Low Density Residential District ........... 2 9.30.040 RL Low Density Residential District ................. 3 9.30.050 RC Cove Residential District ....................... 3 9.30.060 RM Medium Density Residential District ............. 4 9.30.070 RM R Medium High Density Residential District ...... 5 9.30.080 RH High Density Residential District ................ 6 9.30.090 PD Planned Development Overlay District ............ 6 9.30.100 RR Rural Residential Overlay District ............... 7 9.30.010 Summary of District Regulations. A. Permitted Uses. Section ... specifies the land uses allowed in each residential district. B. Development Standards. Development standards (such as minimum setbacks and maximum building heights) for each residential district are summarized in this Chapter and set forth in more detail in Chapter .... C. Supplemental Regulations. Sections and page numbers containing supplemental regulations applicable to residential uses are as follows: 9.60.010 Purpose and Intent .................... 23 9.60.150 Tennis and Other Game Courts ............. 39 9.60.020 Signs and Parking ..................... 23 9.60.160 Outdoor Lighting ........................ 40 9.60.030 Fences and Walls ..................... 23 9.60.170 Special Outdoor Events ................... 40 9.60.040 Patio Covers, Decks and Play Equipment ... 27 9.60.180 Manufactured Housing and Mobilehomes ..... 41 9.60.050 Storage and Other Accessory Buildings .... 28 9.60.190 Family Day Care Facilities ................. 41 9.60.060 Garages and Carports .................. 29 9.60.200 Senior Citizen Housing ................... 42 9.60.070 Swimming Pools ...................... 29 9.60.210 Construction and Guard Offices ............. 43 9.60.080 Satellite Dish and Other Antennas ........ 30 9.60.220 Trash and Recyclable Materials Storage ...... 44 9.60.090 Second Residential Units ............... 31 9.60.230 Noise Control ........................... 44 9.60.100 Guest Houses ........................ 33 9.60.240 Model Home Complexes .................. 44 9.60.110 Home Occupations .................... 34 9.60.250 Condominium Conversions ................ 46 9.60.120 Pets and Other Animals ................. 35 9.60.260 Density Bonuses for Affordable Housing ..... 49 9.60.130 Recreational Vehicle Parking ............ 36 9.60.270 Timeshare Regulations .................... 52 9.60.140 Screening ........................... 38 D. Energy Conservation Design Requirements. Energy conserving design features are required for all residential buildings per Section .... E. Height Limits Near Major Arterials. Residential buildings located near major highways are limited in height per Section F. Definitions.For purposes of this Chapter and this Code, the following definitions shall apply: RESIDENTIAL DISTRICTS [Draft. 8/29/951 1. Livable floor area means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted), but excluding walls. Livable floor area does not include a garage or any accessory structure. 2. Lot coverage means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" shall mean all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings, and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. 3. Project area means all of the land area included within a development project excepting those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. 9.30.020 Affordable Housing Requirements. In accordance with the General Plan Housing Element, a minimum of 15 percent of the dwelling units in all new residential projects shall be in the affordable category. 9.30.030 RVL Very Low Density Residential District. A. Purpose.To provide for the development and preservation of very low density neighborhoods (zero -to -two units per acre) with one and two-story single family detached dwellings on large lots and/or projects with clustered one and two-story single family attached dwellings and generous open space. B. Permitted Uses. Table 9-... in Section ... lists permitted land uses. C. Development Standards. Min. Lot Size ................................... 20,000 sq/ft Min. Lot Frontage ................................ 100 ft. Max. Structure Height ............................ 28 ft. Max. No. of Stories ............................... 2 Min. Front Yard Setback ........................... 30 ft. Min. Interior/Exterior Side Yard Setbacks ............. 10/20 ft. Min. Rear Yard Setback ........................... 30 ft. Max. Lot Coverage ............................... 30% Min. Livable Floor Area Excluding Garage ............ 1400 sq/ft Section ... contains additional details and illustrations regarding development standards. RESIDENTL4L DISTRICTS 9.30.040 RL Low Density Residential District. 812919 A. Purpose. To provide for the development and preservation of low density neighborhoods (two -to -four units per acre) with one and two-story single family detached dwellings on large or medium size lots, and/or projects with clustered one and two-story single family attached dwellings and generous open space. B. Permitted Uses. Table 9-... in Section ... lists permitted land uses. C. Development Standards: Min. Lot Size ................................... 7200 sq/ft Min. Lot Frontage ................................ 60 ft. Max. Structure Height ............................ 28 ft. Max. No. of Stories ............................... 2 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback .............................. 25 ft.' Min. Interior/Exterior Side Yard Setbacks ............. 5/10 ft.Z Min. Rear Yard Setback ........................... 20 ft. Max. Lot Coverage ............. i................. 40% Min. Livable Floor Area Excluding Garage ............ 1400 sq/ft * Projects with ten or more dwelling units shall incorporate front setbacks varyi between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. ' 20 ft. if "roll -up" type garage door is used. Z For interior side yards, add 1 foot additional setback for every foot of building height over 17, up to a required setback of tin. 10 feet. Ivla K Section ... contains additional details and illustrations regarding development standards. 9.30.050 RC Cove Residential District. A. Purpose. To provide for the development and preservation of the medium density "Cove" residential area with one-story single family detached dwellings on medium size lots. B. Permitted Uses. Table 9-... in Section ... lists permitted land uses. C. Development Standards. Min. Lot Size ................................... 7200 sq/ft (However, existing lots over 5000 sq/ft are buildable provided other standards are met) Min. Lot Frontage ................................ 60 ft. Max. Structure Height ............................ 17 ft. 3 RESIDENTUL DISTRICTS /Draft: 81291951 Max. No. of Stories ............................... 1 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback .............................. 25 ft.' Min. Interior/Exterior Side Yard Setbacks ............. 5110 ft. Min. Rear Yard Setback ........................... 10 ft. Max. Lot Coverage ............................... 60% Min. Livable Floor Area Excluding Garage ............ 1200 sq/ft * Projects with ten or more dwelling units shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. 20 ft. if "roll -up" type garage door is used. Section ... contains additional details and illustrations regarding development standards. D. Stucco and Tile Required. In addition to the requirements of this Chapter and Chapter ... (Supplemental Residential Regulations), the following materials shall be required on homes built within the RC District: — 1. Exterior walls shall be stucco. 2. Sloping roofs on new homes shall be constructed of clay or concrete tile. Replacement of existing roofs shall also require the use of clay or concrete tile unless the Director determines that the roof support structure will not support such materials. Building additions and accessory structures may have roofs of the same or similar materials as the existing home. i 9.30.060 RM Medium Density Residential District. A. Purpose.To provide for the development and preservation of medium density neighborhoods (four -to -eight units per acre) with single family detached dwellings on medium and small size lots and/or projects with single family attached dwellings and open space. B. Permitted Uses. Table 9-... in Section ... lists permitted land uses. C. Development Standards. Min. Lot Size ................................... 5000 sq/ft Min. Lot Frontage ................................ 50 ft. Max. Structure Height ............................ 28 ft. Max. No. of Stories ............................... 2 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback .............................. 25 ft.' Min. Interior/Exterior Side Yard Setbacks ............. 5/10 ft.' Min. Rear Yard Setback ...:....................... 15 ft. 4 RESIDENTIAL DISTRICTS [Draft: 81291951 Max. Lot Coverage ............................... 60% Min. Livable Floor Area for Single Family Detached Excluding Garage ................ 1400 sq/ft * Projects with ten or more dwelling units shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. ` 20 ft. if "roll -up" type garage door is used. 2 For interior side yards, add 1 foot additional setback for every foot of building height over 17, up to a required setback of n*. 10 feet. h1a x. Section ... contains additional details and illustrations regarding development standards. 9.30.070 RMH Medium High Density Residential District. A. Purpose. To provide for the development and preservation of medium -high density neighborhoods (eight -to -twelve units per acre) with one and two-story single family detached dwellings on small lots, one and two-story single family attached dwellings, and one and two-story apartments. B. Permitted Uses. Table 9-... in Section ... lists permitted land uses. C. Development Standards. Min. Lot Size for Single Family Detached or Attached ... 3600 sq/ft Min. Project Size for Apartment Projects .............. 20,000 sq/ft Min. Lot Frontage for Single Fam. Detached or Attached . 40 ft. Min. Frontage for Apartment Projects ................. 100 ft. Max. Structure Height ............................ 28 ft. Max. No. of Stories ............................... 2 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback for Single Family Def. Or Att: ..... 25 ft.' d - Min. Interior/Exterior Side Yard Setbacks for 1' aim E�arriii T33etci�d end 7mfi3t�'liti 5/10 ft.2 ln.Sfdeyari'Setbacr ile Fiil Attaclied'... _ .: ° 2D' Min. Rear Yard Setback ........................... �15 ft. Max. Lot Coverage ............................... 60% Min. Livable Floor Area for Single Family Detached Excluding Garage ................ 1400 sq/ft Min. Livable Floor Area for Apartment Units Excluding Garage ......................... 750 sq/ft * Projects with ten or more single family dwelling units shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. 20 ft. if "roll -up" type garage door is used. 2 For interior side yards, add 1 foot additional setback for every foot of 5 ! e A RESIDENTUL DISTRICTS W4)( building height over 17, up to a required setback ofxiin. 10 feet. /Draft: 81291951 Section ... contains additional details and illustrations regarding development standards. 9.30.080 RH High Density Residential District. A. Purpose. To provide for the development and preservation of medium to high density neighborhoods (12-to-16 units per acre) with one to three-story single family attached dwellings and one to three-story apartments. B. Permitted Uses. Table 9-... in Section ... lists permitted land uses. C. Development Standards. Min. Lot Size for Single Family Attached ............. 2000 sq/ft Min. Project Size for Apartment Projects .............. 20,000 sq/ft Min. Frontage for Apartment Projects ................. 100 ft. Max. Structure Height ............................ 40 ft. Max. No. of Stories ............................... 3 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback for Single Family Attached ........ 25 ft.' Min. Interior/Exterior Side Yard Setbacks ............. 10/15 ft.2 Min. Rear Yard Setback ........................... 20 ft. Max. Lot Coverage ............................... 60% Min. Livable Floor Area Excluding Garage ............ 750 sq/ft * Projects with ten or more single family dwelling units shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. 20 ft. if "roll -up" type garage door is used. For interior side yards, add 1 foot additional setback for every foot of building height over 28, up to a required setback of d�n. 15 feet. N� k Section ... contains additional details and illustrations regarding development standards. 9.30.090 PD Planned Development Overlay District. A. Purpose. To provide flexible regulations to allow the use of modern land planning and design techniques to create master -planned developments incorporating coordinated building design, integrated greenbelts, common recreation facilities (such as swimming pools, golf courses, tot lots etc.), a separation of pedestrian and vehicular traffic, and an overall increase in residential amenity. The PD district is an overlay district to be used in conjunction with one of the base residential districts described in this Chapter. 31 RESIDEINTUL DISTRICTS /Draft: 81291951 B. Permitted Uses. Table 9-... in Section ... lists permitted land uses. C. Specific Plan Required. PD overlay zoning shall only be adopted in conjunction with a precise plan or specific plan per Section .... The precise plan or specific plan shall then become an integral part of the zoning for the property. The zoning designation on the Official Zoning Map shall consist of the base district symbol followed by the overlay district symbol and precise or specific plan symbol enclosed in parentheses. For example: RM (PD: SP 96-1). D. Development Standards. Min. Common Open Area .......................... 30% Min. Perimeter Landscape Setbacks .................. 10' min. at any point, 25' min. average over entire perimeter Other Development Standards ....................... As shown on the approved project precise plan or specific plan. Section ... contains additional details and illustrations regarding development standards. E. Common Open Area. All projects within the PD District shall provide a minimum of 30 percent of the net project site as common open area. Such common open area shall meet the following criteria: Landscaped areas continuously maintained and equipped with permanent automatic irrigation systems other than rights -of -way; vehicle parking areas; slopes with a grade of 3:1 or steeper, or patios and private yards. 2. At least 30 percent of the required common open area shall be suitable for active recreational uses such as: swimming pool, spa, and related facilities; clubhouse; tot lot with play equipment; court game facilities such as tennis, basketball, or racquetball; improved softball or other playfields; or similar facilities for active recreational use. Active recreation area shall not include any common area which is less than 15 feet wide or less than 300 sq/ft in area or which has an average slope gradient greater than two percent. 3. Landscaped perimeter setbacks shall not count toward common open area requirements or vice versa. 9.30.100 RR Rural Residential Overlay District. A. Purpose. To facilitate the development and preservation of rural character at low densities (zero -three units per acre) in conjunction with the RVL and RL base districts. The RR district is an overlay district to be used in conjunction with either of the preceding base districts. B. Permitted Uses. As permitted in the underlying base district. 7 RESIDENTUL DISTRICTS 8/29/95! C. Designation on Zoning Map. When the RR overlay district is used, the zoning designation on the Official Zoning Map shall consist of the base district symbol followed by the overlay district symbol enclosed in parentheses. For example: RL (RR). D. Development.Standards. Development standards shall be the same as those for the underlying base district except for the following: 1. The minimum front yard setback shall be that of the base district plus 20 ft. 2. Lots of two acres or more shall utilize rural street cross -sections (e.g. no vertical curbs). 3. Architectural styles shall emphasize a rural theme (e.g. Ranch, Western, Southwest, or Mission styles). 4. Fencing guidelines representative of a rural equestrian theme shall be developed for each project. Solid block walls shall be prohibited within 40 feet of perimeter property lines. 5. Equestrian paths adjacent to specified collector and arterial streets shall be required to link residential areas with trail systems and Lake Cahuilla County Park. 8 CHAPTER 9.40: RESIDENTIAL PERMITTED USES Sections: 9.40.010Development Permits Required ................. 9 9.40.020 RR Overlay Permitted Uses .................... 9 9.40.030 Table of Permitted Uses ....................... 9 9.40.010 Development Permits Required. Table 9-... of this Chapter specifies land uses and structures permitted within residential districts. However, in most cases development to establish a use or structure requires approval of a site development permit and/or other permits as set forth in Section .... 9.40.020 RR Overlay Permitted Uses. Permitted uses in the RR Rural Residential overlay district shall be as designated for the underlying base district. 9.40.030 Table of Permitted Uses. Table 9-...: Permitted Uses in Residential Districts, following, specifies those uses and structures which are permitted within each residential district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal residential use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. "W: Permitted as an accessory use or temporary use if a minor use permit is approved. 5. "H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved. 6. " V: Prohibited in the district. TABLE 9-1: PERMITTED USES IN RESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A = Accessory Use H = Home Occupation Print. C = Conditional Use Permit X = Prohibited Use DISTRICT LAND USE RVL RL RC RM RMH RH PD Residential Uses Single family detached dwellings P P P P P X Single family detached patio homes (i.e. "zero lot -line") X X X P P X Duplexes (two units on the same lot) X X X C P X * As permitted in the underlying base district. c?,14o, 03 v RESIDENTIAL PERMITTED RISES [Draft: 8/29/9: TABLE 9-1: PERMITTED USES IN RESIDENTIAL DISTRICTS P - Principal Use.. M Minor tlse Permit A = Accessory' Use:. H — Home Occupation Print. C = Conditional Use Permit X = Prohibited Use DISTRICT LANDUSE RVL RL . RC RM RAM RH° ;off Single family attached dwellings (two units per building with each unit on its own lot) X X X C P X Townhomes (two or more units per building with each unit on its own lot) X X X C P P Condominium projects ("airspace" units) X X X X P P Apartment projects (rental units) X X X X P P Mobilehome parks C C C C C C Mobilehome subdivisions and manufactured homes on individual lots, subject to §... P P P P P X Croup Living and Care Uses Child day care facilities serving 6 or fewer children, subject to § .. A A A A A X Child day care facilities serving 7-12 children, subject to § M M M M M X Congregate living facilities, 6 or fewer persons P P P P P X Residential care facilities, 6 or fewer persons P P P P P P Senior citizen residences, 6 or fewer persons, subj. to § ... P P P P P P Senior group housing, 7 or more persons, subject to § ... X X X X C C Timeshare Facilities, subject to § ... C C C C C C Open Space and Recreational Uses Public parks, playfields, and open space P P P P P P Bicycle, equestrian, and hiking trails P P P P P P Clubhouses and community pools/cabanas P P P P P P Unlighted tennis and other game courts on pvt. property, subject to §... A A A A A A * As permitted in the underlying base district. RESdDEMTUL PERMITTED USES [Draft. 8/29M TABLE 9-I; PERMITTED USES IN RESIDENTIAL DISTRICTS P = Principal Use M Minor Use Permit A = Accessory Use H = Home Occupation Pinrtt: C = Conditional Use Permit X Prohibited. Use DISTRICT LAND USE RVL. RL ``RC RIM RMH RH. Lighted tennis and other game courts on private property, subject to §... C C C C C C Accessory Uses and Structures Home occupations, subject to §... H H H H H H Patio covers, decks, and gazebos, subject to §... A A A A A A Fences and walls, subject to §... A A A A A A Outdoor antennas and satellite dishes, subject to §... M M M M M M Swimming pools, spas and cabanas, subject to §... A A A A A A Guest houses, subject to §... M M M X X : 2nd units, "granny flats", and employee quarters, subj. to §... C C C C C C Garages and carports, subject to §... A A A A A A Keeping of household pets, subject to §... A A A A A A Keeping of hoofed animals, fowl (except roosters) and rabbits, noncommercial, subject to §.... Hoofed animals include horses, sheep, goats, pot bellied pigs, and similar. A X X X X X Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises, are consistent with the purpose and intent of the zoning district, and conform to § ... A A A A A A Agricultural Uses Tree crop farming; greenhouses P X X X X X Field crop farming P C X X X X Produce stands, subject to §... P C X X X X Temporary Uses [Garagesales, subject to §... A I A I A A A A * As permitted in the underlying base district. RESIDENTIAL PERMITTED USES [Draft: 81291'W TABLE 94. PERMITTED USES IN RESIDENTIAL DISTRICTS P Principal Use:. .... ; M Minor Use Permit ..::::: A = Accessory Use: H Some Occupation Prmt. C = Conditional Use Permit X: Prohibited Use ::: _......:....:.:.:::.... .....:........:.....:...... .......::..:.:.... DISTRICT LAND USE RVL . RL RC : RM RMH RH* .;nw*rlay Construction trailers and guard offices, subject to §... M M M M M M Use of relocatable building, subject to §... M M M M M M Model home complexes and sales offices, subject to §... M M M M M M Special outdoor events, subject to §... M M M M M M Parking of recreatio3iid-vehicles, subject to §... M M M X X X Other Uses Community recreational vehicle storage lots, noncommercial X X X P P P TV, radio, and microwave towers and related equipment, subject to §... C C C C C C Utility substations and facilities C C C C C C Public flood control facilities and devices P P P P P P Other principal, accessory or temporary uses not listed in this Table. Director or Planning Commission to determine whether use is permitted in accordance with § ... * As permitted in the underlying base district. CHAPTER 9.50: RESIDENTIAL DEVELOPMENT STANDARDS Sections: 9.50.010 Mobilehome Park Development Standards ......... 13 9.50.020 Energy Conservation Design Requirements ......... 13 9.50.030 Height Limits Near Arterial Highways ............. 14 9.50.040 Table of Development Standards .................. 14 9.50.050 Illustration of Development Standards ............. 16 9.50.060 Maximum Building Height ....................... 20 9.50.070 Roof and Wall Projections ....................... 20 9.50.080 Irregular Lots .................................. 21 9.50.090 Setbacks from Surface Easements ................. 22 9.50.010 Mobilehome Park Development Standards. Mobilehome parks shall conform to the following standards: 1. Minimum 30 percent common open area; 2. Landscaped Perimeter setbacks for structures: minimum 20 feet at any point and minimum 25 feet average over the entire perimeter; 3. Perimeter setbacks shall not count toward the common open area requirement or vice versa. 9.50.020 Energy Conservation Design Requirements. In order to promote energy conserving design in the desert climate, the following standards are required for all residential buildings in any district: Buildings with sloping roofs shall have a minimum 18-inch eave overhang, except on gable ends. As an alternative to the eave overhang, recesses for windows and glass doors described under "2." following may be provided. 2. Walls of buildings with partial or full flat roofs shall have minimum 12-inch deep recesses for windows and glass doors. Recesses may be provided by means of insets, "popouts" or a combination of both. 3. In addition to "l." and "2." preceding, a minimum four -foot deep patio cover or trellis (with lattice cross -members minimum 2" x 2" with maximum 2" spacing and maximum 24" span) shall be provided on the rear walls of dwellings over all ground floor glass doors and all windows over 16 square feet in area when: a. The rear of the dwelling faces south or west and the vertical distance between the bottom of the eave and the glass door or window exceeds two feet; or b. A glass door is placed in a building wall below a flat roof. 13 RESIDENTIAL DEVELOPMENT STANDARDS [Draft. &09/951 9.50.030 Height Limits Near Arterial Highways. In order to facilitate noise screening for residents and preserve visual openness, it is necessary to limit residential building heights near major highways. Therefore, notwithstanding the height standards set forth elsewhere in this Code, additional height limitations shall apply to buildings within 150 feet of the edge of right-of-way of the following General Plan -designated arterial highways: Major Arterials: All buildings limited to one story. Primary Arterials: 75 percent of buildings limited to one story. 9.50.040 Table of Development Standards. A. ,Definitions.For purposes of this Chapter and this Code, the following definitions shall apply: 1. Livable floor area means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. 2. Lot coverage means the ground floor area of the buildings on a site expressed as a percentage of the net site area. For purposes of this definition, "ground floor area" shall mean all enclosed area, including exterior walls and mechanical spaces. Carports, garages, and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. 3. Project area means all of the land area included within a development project excepting those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. B. Table of Standards. Table 9-... and Figures 9-..., 9-..., 9-..., and 9-... following, set forth standards for the development of property within residential districts. However, standards different from those in Table 9-... shall apply if special zoning symbols described in Section ... are designated on the Official Zoning Map. 14 [Note: Shaded columns show most prevalent existing zone corresponding to the new zone(s) immediately to the rigl (These shaded columns are for info only and will be removed prior to adoption of the Code.)] TABLE 9-...: RESIDENTIAL DEVELOPMENT STANDARDS DISTRICT DEVELOPMENT STANDARD R-1 RVL RL SR RC R z- 40 RM RMH Roo; 2. RH PD R1 5000 overlay overl Min. Lot Size for Single 7200 & 20,000E 7200 ' 7200 7200 '4000 5000 3600 :7200 2DRgs •� Family Dwellings (sq/ft) higher Min. Project Size for n/a ` n/a n/a n/a n/a 4000 n/a 20,000 7200 20,000 • n/ Apartment Projects Min. Lot Frontage for 60 1 100 60 60 not not 50 40 not n/a s ri Single Fam. Dwings (ft.)' comer lots: 55' listed Min. Frontage for n/a n/a n/a n/a n/a not n/a 100 not 100 • n/ Apartment Projects listed listed Max. Structure Height (ft.) 28 28 28 17 17 28 28 28 28 40 • •' Max. No. of Stories z 2 2 2 1 1 2 2 2 2 3 ' Min. Front Yard Setback 20 30 20 20 20 20 20 20 20 20 • Fi (ft.), 21 Min. Garage Setback ° not listed n/a 25 not listed 25 not listed 25 25 not listed 25 « « Min. Interior/Exterior Side 3', or lo% 10/20 5/10 5/t0 for 5110 same 5/10 5/10 same 10/15 • • Yard Setback (ft)6 of lot width i single as as up to 5' ram. det. R» 1 R» 1 Min. Rear Yd. Setback (ft.) 10 30 20 10 10 10 1 15 15 10 20 • " Max. Lot Coverage not 30 40 60 60 60 60 60 60 60 • • (% of net lot area) listed Min. Livable Area 1400 E 1400 1400 1200 ': 1200 1400 1400 1400 1400 750 Excluding Garage (sq/ft) Min. Common Open Area not E n/a n/a not n/a not n/a n/a not n/a 30 n for PUD's (%of net project listed listed listed listed area) Min. Perimeter Setbacks not `; n/a ': n/a not E n/a not n/a n/a not n/a 10/25' r. for PUD's (ft.) listed listed listed listed " As shown on the approved precise plan or specific plan for the project. **As provided in the underlying base district. ' Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. 2 Not including basements. Also, notwithstanding above Table, the maximum no. of stories = one for: all buildings within 150' of any General Plan -designated major arterial, and 75% of all buildings within 150' of any General Plan -designated primary arterial. ' For non -garage portions of dwelling only. Also, projects with ten or more single family dwelling units shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. ° For all but RVL District, garage setback may be reduced to 20' if "roll -up" type garage door is used. Also, for side -entry type garages, the garage setback may be reduced to 20' in the RVL District and 15' in all other residential districts. s Underlying base district's front setback + 20' [per General Plan p. 2-111. a The following are exceptions to the minimum side setbacks shown: • For interior side yards other than in RVL, add 1 ` additional setback for every foot of building height over 17, up to a required setback of min. 10'. (For RH: 1' add'I for bldgs over 28' up to a required setback of min. 15'.) • Within Village Specific Plan area: 0' for both interior and exterior side yards. • Zero lot line homes: 10' aggregate of both sides. • Single family attached homes: 0' on attached side and 10' on open side. 7 10' min. at any point and 25' min. average over entire perimeter. RESPDENTUL DEVELOPMENT STANDARDS [Draft. 81291951 9.50.050 Illustration of Development Standards. FIGURIE 9-... DEVELOPMENT STANDARDS: RVL AND RL DISTRICTS U74 VERY LOW DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 20,000 sq/ft Max. Lot Coverage: 30% Min. Livable Floor Area (excluding garage): 1400 sq/ti lot Frontage 00' rly LOW DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 7200 sq/ft Max. Lot Coverage: 40% Min. Livable Floor Area (excluding garage): 1400 sq/ft Max.Max "t stoMegls 2 Min. Rear Setback = 30' Min. Interior Side Setback = 10' Min. Exterior Side Setback = 20' Min. Rear Setback = 20' i- 'savage Min. Interior Side Setback = 5' (plus 1' additional for every foot of bidg height over 1i, up to a required setback of min. 10'). LotFro nta Po ck to Min. Exterior Side Setback =10' ge , ori-Garage rtion 2p'. S0' Min. Garage Setbrt!ack = 25' (20' if roll -up type garage door is used) 16 RESIDENTL4L DEVELOPMENT STANDARDS (Draft. 81291951 FIGURE 9-... DEVELOPMENT STANDARDS: RC DISTRICT RC COVE RESIDENTIAL DISTRICT Min. Lot Size: 7200 sq/ft Max. Lot Coverage: 60% Min. Livable Floor Area (excluding garage): 1200 sq/ft Max Ht, Max. Storleei , t r, dot F rohtage Min. Rear Setback =10' Gara� . 9e s Min. Interior Side Setback = 5' Min. Exterior Side Setback = 10 x=t� ront Setback to on -Garage Portion = 20'. Min. Garage Setback = 25' (20' if roll -up type garage door is used) 17 RESIDENTUL DEVELOPMENT STANDARDS [Draft. 8/29/951 FIGURE 9-... RESIDENTIAL DEVELOPMENT STANDARDS: RM AND RMH DISTRICTS MEDIUM DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 5000 sq/ft Max. Lot Coverage: 60% Min. Livable Floor Area (excluding garage): 1400 sq/ft )(Ht.oryesl� 2 . Q, .��Min- lot Frontage RMH MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT Min. Lot Size for Single Family: 3600 sq/ft Min. Project Size for Apt. Projects: 20,000 sq/ft Max. Lot Coverage: 60% Min. Livable Floor Area (excluding garage): 1400 sq/ft Max Ht at4ached Max Storles1 side 1 = 2 nt Lot Fro rontage for Single F Apt. Proles llye 40' 10p, Rn'FrontSetback to on -Garage Portion = 20'. lin. Garage Setback = 25' W if roll -up type arage door is used) Min. Rear Setback = 15' Min. Interior Side Setback = 5' (plus 1' additional for every foot of bidg height over 1T, up to a required setback of min. 10'). Min. Exterior Side Setback = 10' Zero Lot Line Homes = 10' Aggregate of Both Sides For single family attached side setbacks, see RMH below Min. Rear Setback =15' BGpti D SGL FAM. DETACHED: Side Setback = 5' (plus 1' add'I every ft. of bidg ht. over 1T, up to a „ry required setback of min. 10'). In. Exterior Side Setback = 10' Zero Lot Line Homes =10' Aggregate, both sides SINGLE FAMILY ATTACHED: 0' on Attached Side, 10' on Open Side 18 RESIDENTIAL DEVELOPMENT STANDARDS FIGURE 9-... RESIDENTIAL DEVELOPMENT STANDARDS: RH AND PD DISTRICTS RH HIGH DENSITY RESIDENTIAL DISTRICT Min. Project Size for Apt. Projects: 20,000 sq/ft Min. Lot Size for Single Family Attached: 2000 sq/ft Max. Lot Coverage: 60% Min. Livable Floor Area for Apt. Units: 750 sq/ft Max Ht I Max. Stories , 3 Mih. Fr0hta9e for APt. projects ` 10p PD PLANNED DEVELOPMENT DISTRICT Min. Common Open Area = 30%' Perimeter Landscape Setbacks:' • 10' min. at any point, • 25' min. average over entire perimeter Other development standards to be as shown on approved specific plan for the project Perimeter setback area shall not be counted as common open area and vice versa Perimete • 10' h • 25' N Aver Win -.'Front Setback to Non-Garage.Portion = 20'. Min. Garage Setback = 25' (20' if roll -up type garage door is used) Project Boundary 81291951 Min. Rear Setback = 20' APT. INGS: Interior Side Setback = 10' 'cM(plus 1' additional for every foot of bldg height over 28', up to a required setback of min. 15'). Min. Exterior Side Setback = 15' SINGLE FAMILY ATTACHED: 0' on Attached Side, 10' on Open Side 19 RESPDENTUL DEVELOPMENT STANDARDS [Draft: 81291951 ,9.50.060 Maximum Building Height. For purposes of this Code, the maximum height of buildings and other structures shall be defined as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary plane shall be established above and parallel to the finish grade of the exterior walls at a vertical distance equal to the specified maximum height. This definition is illustrated in Figure 9-... following: FIGURE 9-...: MAXIMUM BUILDING HEIGHT BUILDING MAY NOT EXTEND ABOVE THIS LINE - ---------------=--j Pr j i MEAN POINT (i.e. AVERAGE FINISH GRADE ADJACENT TO EXTERIOR WALLS) 9.50.070 Roof and Wall Projections. A. Roof Projections. Notwithstanding Figure 9-..., chimneys, roof vents, finials, spires, and similar architectural features not containing usable space are permitted to extend up to three feet above the maximum structure height set forth in Table 9-... preceding. B. Wall Projections. The following architectural projections are permitted to encroach into the required setbacks specified in Table 9-2 preceding: Roof overhangs, chimneys, awnings and canopies may encroach a maximum of two feet into any required setback provided such projections are no closer than 3'/2 feet from any property line. 2. Cantilevered seating windows or ledges, which are located a minimum of one foot above the floor and do not increase a building's usable floor area, may encroach a maximum of two feet into any required setback provided such projections are no closer than 3'/2 feet from any property line. 3. If a site development permit is approved per Section ..., balconies, exterior stairways, and elevated decks may encroach a maximum of four feet into required front and rear setbacks provided such projections are no closer than 3'/2 feet from any property line. Such projections 20 RESIDENTIAL DEVELOPMENT STANDARDS [Draft. 8/29/951 shall not encroach into required side setbacks. 9.50.080 Irregular Lots. A. Purpose. Setback distances established for residential districts are based on rectangular lots. Nonrectangular lots, lots with three sides or more than four sides, and other nonstandard lots require special measurement techniques in order to achieve the purpose of setback requirements, i.e. the appropriate separation of structures from streets and other properties. The purpose of this Subsection is to provide standards for the establishment and measurement of setbacks on irregular lots. (See Chapter ... for definition. of lot lines.) B. Front Setbacks. Front yard setbacks shall be measured from the ultimate street right-of-way line. C. Rear Setbacks. In the case of an irregularly shaped lot, a ten foot line which is within the lot and parallel to and most distant from the front lot line shall be considered the rear lot line for purposes of determining required setbacks and for interpretation of other provisions of this Code. D. Side Setbacks. All lot lines which are not front or rear lot lines shall be considered side lot lines for the purpose of measuring setbacks. MEMORD SETBACK REAR SETBACK SANE AS FOR OTHER LOTS FRONT AND SIDE WxWVM ' t SETBACK 9ET9Aac o UY REARLOT UNE :E� y MAG LOT ACCMVW REARMID sMAcicSETBACK % I. k sT►EEr armor avWr : 1 Setbacks on Irregular Lots E. Pie -Shaped Lots. Setbacks on pie -shaped lots shall be measured at the closest point between the building and the angled lot line. F. Flag or Panhandle Lots. 1. Definition.For purposes of this Section, "panhandle lot", "flag lot", "panhandle building site", and "flag building site" all mean the following: a lot or building site having its only vehicular access by way of a narrow accessway which serves no other property and which is less than 40 feet wide and more than 20 feet long. N 11 21 / Lam' i_R RESIDENTUL DEVELOPMENT STANDARDS 81291951 2. Setbacks. All front and side building setbacks shall be a minimum of ten feet measured from property lines, except that the property line adjacent and most perpendicular to the "panhandle" portion of the lot shall be extended across that portion and serve as the basis for measuring setbacks in that area. Rear setbacks shall be the same as for other lots in the applicable district. 3. No Structures in Panhandle. No structures shall be permitted in the panhandle portion of the lot nor shall that portion be credited to minimum lot area requirements. �ssnoRno►, araM wr :FLOAWr X& f or .. / INTEF a gar ABUrOM=LM � oow,ei wr G. Determination by Director. Where a building Lot Types and Setbacks site is situated such that any of the front, side or rear property lines are not readily determinable, required setbacks shall be as determined by the Director in compliance with the following criterion: required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses. 9.50.090 Setbacks from Surface Easements. Where a surface easement for street, vehicular access, bikeway, or recreation trail purposes has been granted across any portion of a lot, the building setback shall be measured from the property line or to the edge of easement, whichever is closer to the building. 22 CHAPTER 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS Sections: 9.60.010 Purpose and Intent ................... 23 9.60.150 Tennis and Other Game Courts ....... 39 9.60.020 Signs and Parking .................... 23 9.60.160 Outdoor Lighting .................. 40 9.60.030 Fences and Walls ..................... 23 9.60.170 Special Outdoor Events ............. 40 9.60.040 Patio Covers, Decks and Play Equipment . 27 9.60.180 Manufactured Housing and Mobilehomes4l 9.60.050 Storage and Other Accessory Buildings .. 28 9.60.190 Family Day Care Facilities ........... 41 9.60.060 Garages and Carports ................ 29 9.60.200 Senior Citizen Housing .............. 42 9.60.070 Swimming Pools ..................... 29 9.60.210 Construction and Guard Offices ...... 43 9.60.080 Satellite Dish and Other Antennas ...... 30 9.60.220 Trash and Recyclable Materials Storage. 44 9.60.090 Second Residential Units .............. 31 9.60.230 Noise Control ...................... 44 9.60.100 Guest Houses ........................ 33 9.60.240 Model Home Complexes ............. 44 9.60.110 Home Occupations ................... 34 9.60.250 Condominium Conversions .......... 46 9.60.120 Pets and Other Animals ............... 35 9.60.260 Density Bonuses for Affordable Housing 49 9.60.130 Recreational Vehicle Parking ........... 36 9.60.270 Timeshare Regulations .............. 52 9.60.140 Screening ........................... 38 9.60.010 Purpose and Intent. This Chapter sets forth requirements for accessory structures, fences and walls, swimming pools, and other special aspects of land use in residential districts. These requirements are in addition to the regulations for residential uses set forth in Chapters 9.... through 9.... 9.60.020 Signs and Parking. Refer to Section ... for sign regulations and Section ... for parking regulations, 9.60.030 Fences and Walls. A. Definition. For purposes of this Section, "fence" or "wall" means any type of fence, wall, retaining wall, sound attenuation wall, screen, or windscreen. The terms "fence" and "wall" are used interchangeably in this Section to mean any or all of the preceding structures. B. Measurement offence Height. Except as otherwise specified in this Section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher. In addition, the following provisions shall apply to the measurement of fence height: 1. Open railings, up to 48 inches high, placed on top of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement. 2. Fences less than 30 inches apart (measured between adjoining faces) shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Fences 30 inches or more apart shall be considered separate structures and their heights shall be measured independently. The Director may require that the area between such fences be provided with permanent landscaping and irrigation. 23 SUPPLEMENTAL RESIDENTLAL REGULATIONS [Draft: 91291951 C. Maximum Fence Heights. The construction and installation of fences shall be in compliance with the following standards: 1. Within Main Building Area. In the area of a lot where a main building may be constructed, the maximum freestanding fence height shall be 12 feet. 2. Setback Areas Not Bordering Streets. The maximum fence height shall be six feet within any required setback area not adjoining a street. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. However, fence height shall not exceed eight feet measured from either side. 3. Setback Areas Bordering Streets, Alleys, and Other Accessways. a. Within all districts, the maximum fence height shall be five feet within the first ten feet of the required front setback area (measured from the street right-of-way) and six feet within any rear or side setback area adjoining a public street. b. Where, because of the orientation of the lots, a property line fence separates a front yard on one lot from a rear yard on an adjacent lot, the maximum fence height shall be six feet. c. Arches up to eight feet in height and five feet in width may be constructed over one gate on a lot provided the arch is integrated into the fence/gate design. Alternately, pilasters adjacent to such a gate may be constructed up to eight feet in height provided the pilasters are integrated into the fence/gate design. A maximum of one such arch or pair of pilasters shall be permitted per residential parcel. d. Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of Subsection C.4. of this Section. e. City- or state -required sound attenuation walls bordering freeways or arterial highways may exceed six feet in height if so recommended by a noise attenuation study and approved by the Director. 4. Visibility at Intersections. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight distances and to maintain visual openness. Therefore, notwithstanding Subsection C.3. of this Section, the height of fences, trees, shrubs, and other visual obstructions shall be further restricted as follows: a. The height of fences, trees, shrubs, and other visual obstructions shall be limited to a maximum height of 30 inches within the triangular area formed by drawing a straight line: 24 SUPPLEMENTAL RESIDENTIAL REGULATIONS fDrajt. 8/29/951 1) Between two points located on and 20 feet distant from the point of intersection of two ultimate street right-of-way lines. 2) Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other. b. For purposes of this Code, "point of intersection" shall mean the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two lines. The height restrictions of this Subsection shall apply to fences, walls, trees, shrubs, vegetation, or any other material which obstructs or may obstruct visibility. D. Gates. 1. Materials. Gates shall be constructed of ornamental iron/tubular steel and/or wood. Such gates may be placed in any location provided they meet the requirements of this Section and provided any wood used is not less tYian a grade of construction heart or merchantable and better redwood or #2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. Wood gates over 36 inches wide shall have a metal frame. Chain link gates are prohibited. 2. Width. Pedestrian gates shall not exceed 36 inches in width, except that other gates maybe any width in sideyard fences wherein the sideyard setback is at least 12 feet. E. Fence Construction and Materials. All fencing in residential districts shall conform to the following construction and material standards: 1. Manual on Architectural Standards. Fences shall generally conform to the design standards and typical layouts contained in the City's Manual on Architectural Standards unless modified by the standards of this Subsection E. 2. Wood Fencing. a. Except for gates, wood fencing is permitted in rear or interior side yards only and only if not visible from the street. Gates may be of wood in any location provided they comply with the standards of this Section. b. All wood fencing shall be constructed of not less than s ode of construction heart or merchantable and better redwood or #2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in 25 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 81291951 natural color, all wood shall be treated with a water -repellant material. c. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal 4" x 4" redwood, pressure -treated lumber, tubular steel or block placed five feet on center. All fences shall have a concrete footing or approved post base or be embedded in concrete in a manner which allows standing water to drain from the post hole. The posts shall be installed on the interior side of the lot with fencing material on the outside edge of the support posts. 3. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing may be used along the front or street side yards only. The iron or steel shall be painted to match or complement the adjacent wall or structure. 4. Masonry Fencing. Solid Masonry fencing (i.e. block, rock, brick, with or without stucco covering) is permitted in any location on the lot provided the color of the masonry or stucco matches or complements the adjacent wall or structure. Rrecisian concrete block shall not e used unless all exterior surfaces visible from outside the property are covered with stucco, paint, texture coating, or other comparable coating approved by the Director. 5. Material Combinations. Combinations of two or more of the preceding materials may be used provided that the bottom one-half of the fence is constructed of a masonry material. Combinations incorporating wood materials shall only be used for the rear and interior side yards and only when not visible from the street F. Fence Landscaping and Maintenance. 1. Landscaping. The area between the street right-of-way and any fencing shall be landscaped, have a suitable permanent irrigation system, and be continuously maintained by the property owner. 2. Maintenance. All walls and fences shall be continuously maintained in good repair. The property owner shall be provided thirty days after receiving notice from the City to repair a wall or fence. The Building Official may grant an extension to such time period not to exceed sixty days. G. Prohibited Fence Materials. The use of barbed wire, razor wire, or similar materials in or on fences is prohibited in all residential districts. In addition, chain link or wood fencing is prohibited within required front setbacks or any other required setback adjacent to a street or alley, except for w536 gaffes- d for temporary construction fences authorized by a minor use permit issued in a e with Section .... H. Equestrian Fencing. Notwithstanding any other requirements of this Section, fencing shall be W SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft. 81291951 provided as follows where the keeping of horses is permitted per Chapter 9.40 (Residential Permitted Uses): 1. Corral fences on or along property lines, private streets, or bridle trails shall be at least four feet high and of three -rail construction, with support posts not more than ten feet apart. Rails shall be minimum two -by -six inches and posts shall be minimum four -by -six inches. 2. Pasture areas not along property lines, private streets, or bridle trails shall be provided with fences at least four feet high and shall be of construction sufficient to confine horses. 1. Nonconforming Fences. Any fence which does not meet the standards of this Section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded nor its non-conformance with these standards otherwise increased. Any fence which is destroyed or damaged to the extent of more than 50 percent of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with these standards. 9.60.040 Patio Covers, Decks and Play Equipment. A. Applicability. For purposes of this Section, The term "patio covers, decks, and play equipment" includes any type of yard structure other than a building or a carport. Such structures include but are not limited to open and solid patio covers, gazebos, trellises, arbors, and to play equipment which is more than eight feet in height. All such structures shall be "open" (no side walls) and are referred to in this Section as "yard closed structures shall be considered accessory buildings (see Section ...). Uncovere decks and others structure less than 18 inches above finish grade shall not be subject to the provisions of this Section. B. Standards. Patio covers, decks, play equipment or other yard structures, attached to or detached from the main building shall comply with front and side yard setbacks for the main building and the following requirements: 1. The location of decks and balconies shall be governed by the standards for wall projections in Section .... 2. No yard structure shall be more than 12 feet in height. 3. Yard structures shall not be constructed or established within those areas where fences and walls are limited to a maximum height of five feet as specified in Section .... nor shall they be located in the panhandle portion of a panhandle lot. 4. No yard structure shall be located less than:_3% feet from any property line not bordering a street or five feet from any property line bordering a street Setbacks shall be measured from the property line or top of slope to the nearest supporting member of the structure. The roof or 27 SUPPLEMENTAL RESIDENTML REGULATIONS %Draft: 81291951 cover overhang may encroach into the required setback by up to two feet. 5. Structures shall be constructed in a manner so as to prevent rooftop water from draining onto any adjacent parcel. 6. Lattice cross -members in patio covers or trellises shall be of minimum qg! 2" x 2" material, with maximum 2" spacing and maximum 24" span. �. -- 9.60.050 Storage and Other Accessory Buildings. A. Applicability. Accessory buildings, such as storage or gardening sheds, are permitted as accessory structures on a residential lot containing a primary residence subject to the requirements of this Section. (Carports and garages are regulated separately by Section ...., patio covers by Section ..., swimming pools and spas by Section..., and recreational vehicle parking by Section ....) B. Drainage from Roofs. Accessory structures shall be constructed in a manner so as to prevent rooftop water from draining onto any adjacent parcel. C. Lot Coverage Maximums. The placement of accessory structures on a lot shall not result in violation of the lot coverage maximums set forth in Section .... D. Standards. 1. Maximum Number. No more than one such accessory building may be placed on any residential lot. 2. Maximum Size. No accessory building shall exceed 200 square feet in roof area. 3. Setbacks and Maximum Height. Attached accessory buildings shall comply with setback requirements for the main building. Detached accessory structures shall conform to the following setback standards: 28 SUPPLEMENTAL RESIDENTIAL REGULATIONS 9.60.060 Garages and Carports. [Draft. 81291951 A. Height. The maximum structure height shall be 14 feet for a detached carport and a', detach--- d c0iripT►in1e�x ss'�i _t cedf� f B. Setbacks. 1. In the RVL district, the minimum garage or carport setback shall be 30 feet. In all other residential districts, the minimum setback for front -entry type garages or carports shall be 25 feet if a standard "pivot" type garage door is used, 20 feet if a "roll -up" type garage door is used, and 20 feet for a carport. For side -entry type garages, the minimum garage setback shall be 20' in the RVL District and 15' in all other residential districts. 2. When alleys, private streets or common driveways at the rear of a lot are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests and emergency vehicles, garages and carports may be placed up to a minimum of five feet from such alley, private street or common driveway. C. Lot Coverage Maximums. The placement of garages and carports on a lot shall not result in violation of the lot coverage maximums set forth in Section .... 9.60.070 Swimming Pools. A. Applicability. The provisions of this Section shall apply to any outdoor swimming pool, whirlpool, spa (in -ground or above -ground), or open tank or pond containing or normally capable of containing water to a depth of three feet or more at any point. For purposes of this Section, the term "pool" means all or any of the foregoing facilities. B. Standards. Pools are permitted as accessory uses in residential districts subject to the following requirements: 1. Location. In other than private gated communities, pools shall be located at least three feet (measured from water's edge) from any property line and four feet from any structure. No adjustment to these minimums shall be approved. In private gated communities, pools may be located up to the property line if adjacent to common open area. 2. Filter and Heating Equipment. Mechanical pool equipment, such as a pump, filter or heater, shall be located no closer than ten feet from the buildable area (main building envelope) of an adjacent residential lot unless such equipment is placed within a building, underground vault, or other enclosure which the Director determines provides effective noise and vibration attenuation. The Director may require testing of the proposed enclosure by a qualified 29 SUPPLEMENTAL RESIDENTLAL REGULATIONS [Draft: 81291951 professional to make the such a determination. In no case shall such equipment or enclosure be placed closer than three feet from any property line. In addition, equipment shaU be screened from ground view of surrounding properties. Such visual screening may consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting. =; 3. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the CiWs 3 r~ Building Code, state law and other applicable laws and ordinances. 9.60.080 Satellite Dish and Other Antennas. 0 qFL: A. Purpose. Satellite dish and other antennas consistent with the design and location provisions p A of this Section shall be permitted as accessory structures within any residential district. . Garv�nnun�ca-h�n -bow rcla4oc� a4ua B. Permitted Commercial Antennas. Commercial television, radio, microwave, and -natma are permitted as principal uses in all districts subject to approval of a conditional use permit and conformance with the requirements of Section ... (Communication Towers and Equipment). Satellite dish and other antennas are permitted as accessory structures in nonresidential districts in accordance with Section ... C. Permitted Noncommercial Antennas. Noncommercial privately -owned television and/or radio antennas shall be contained entirely within a building except for: (1) satellite dish antennas and other antennas which cannot function when completely enclosed by a building, and (2) amateur radio antennas used by operators licensed by the Federal Communications Commission (FCC, pursuant to 47 CFR § 97). Such permitted outdoor antennas shall comply with the following design standards and requirements: 1. Number. No more than one satellite dish and/or one amateur radio antenna shall be permitted per lot. 2. Height and Diameter. Satellite dish antennas shall not exceed eight feet in height measured from adjacent grade or finish floor and shall be no more than eight feet in diameter. Amateur radio antennas shall not exceed the maximum building height for the district as specified in Section .... 3. Ground -Mounted Antennas. a. Location. All ground -mounted antennas shall be located within the rear yard or may be located within an interior side yard if not within the required side yard setback. Such antennas are prohibited from exterior street side yards unless not visible from the street. All antennas over six feet in height shall be set back a minimum of ten feet from all property lines. 30 rl-rr �,•'.�.. SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft. 8/29/951 b. Screening.Ground-mounted satellite dish antennas shall be screened from view, including views from adjacent yards, by landscaping or decorative structures (trellis, arbor, fence, etc.). The dish antenna shall be a single color that blends with its surroundings (e.g., off- , white, dark green, brown, gray, or black). c. Disguised Antennas. An antenna which has the appearance of typical backyard furniture or equipment (e.g., satellite dish antenna manufactured to have the appearance of a patio umbrella) is not required to comply with the preceding location and screening standards but shall comply with height and size limits. Such an antenna may be placed on any patio or deck. 4. Building -Mounted Antennas. Roof -top and other building -mounted antennas are prohibited in all residential districts unless completely screened from horizontal view via a parapet wall or other feature which is integrated into the architecture of the building. 9.60.090 Second Residential Units. A. Purpose. This Section provides standards and criteria for the establishment of second residential units within residential districts consistent with Sections 65852.1, 65852.15, and 65852.2 of the state Government Code. B. Definitions. For purposes of this Code, the following definitions shall apply: 1. "Second residential unit" shall mean a dwelling unit g luding sleeping and cooking facilities, that is accessory to a pre-existing primary residence on a single ami y lot. " ranny housing' is intended for sole occupancy by one or two persons age 62 years or older or a handicapped person of any age (plus spouse or care -giver). "Granny housing" is included within the term "second residential unit". 2. "Living area" means the interior habitable area of a dwelling unit, including basements and attics (if permitted) and shall not include a garage or any accessory structure. C. Limitations. Only one second residential unit or one guest house may be established on any lot in addition to the primary residence. Therefore, no more than two residential units on a single lot are permitted under the provisions of this Section. D. Standards for Second Residential Units. A second residential unit may be established in the RVL, RL, RC, RM, or RMH Districts if the following standards are met and a conditional use permit is approved by the Planning Commission in accordance with Section ...: 1. No interest in the second residential unit may be sold separately from the remainder of the property. However, the second residential unit may be rented. 31 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft. 8129ASI 2. A second unit shall only be permitted on a residential lot which conforms to the minimum lot size requirements of the applicable zoning district d o w 'ch one owner -occupied single-family detached dwelling unit (the primary rest ence) already exists. 3. The second unit shall be either attached to and located within the living area of the existing primary residence or detached from and located on the same lot as the existing primary residence. 4. No second unit shall be permitted on any residential lot already containing two or more dwelling units. 5. Any new construction required for establishment of the second unit shall conform to all Building Code standards and applicable state law. 6. The second unit shall conform to height, setback, lot coverage, fees, and other zoning requirements generally applicable to residential construction in the district in which the property is located. 7. The second unit shall be architecturally compatible with the primary residence. 8. The floor area of an attached second unit shall not exceed 30 percent of the existing living area of the primary residence. 9. A detached second unit shall not exceed 1200 square feet total floor area. 10. The placement of a second unit on a lot shall not result in violation of the lot coverage maximums set forth in Table 9-... of this Code. 11. A minimum of three off-street parking spaces shall be provided for each residential lot containing an approved second unit, to include the following: a two -car garage for the primary residential unit and one space enclosed or open for the second unit. Tandem parking spaces shall not be credited toward meeting this requirement and no variance or minor adjustment shall be granted to allow substandard parking spaces or locations. 12. The second unit may be separately metered for gas, electricity, water, sewer, and other utility services. 13. The applicant for the conditional use permit for a second unit shall be the owner currently occupying the subject property. 14. The provisions of this Section shall not validate any existing illegal second unit. An application for a permit may be made pursuant to the provisions of this Code to convert an illegal second 32 SUPPLEMENTAL RESIDENTM REGULATIONS [Draft: 81291951 unit to a conforming legal second unit. The standards and requirements for said conversion shall be the same as for a newly proposed second dwelling unit. 15. In addition to the findings required generally for all conditional use permit approvals, the following finding shall be made in order to approve a conditional use permit for a second unit: . n "The second unit is compatible with the design of the main unit and the surrounding neighborhood in terms of landscaping, scale, height, bulk, lot coverage and exterior appearance." 9.60.100 Guest Houses. A. Purpose. This Section provides standards and criteria for the establishment of guest houses where such units are permitted in accordance with Section .... B. Definitions. For purposes of this Code, the following definitions shall apply: 1. "Guest house" shall mean an attached or detached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building and their non-paying guests. 2. "Living area" means the interior habitable area of a dwelling unit, including basements and attics (if permitted) and shall not include a garage or any accessory structure. C. Limitations. only one second residential unit or one guest house may be established on any lot in addition to the primary residence. Therefore, no more than two residential units on a single lot are permitted under the provisions of this Section. D. Standards for Guest Houses. A guest house may be constructed as an accessory use in the RVL or RL Districts subject to approval of a minor use permit. All guest houses shall conform to the following standards: 1. Detached guest houses shall conform to all applicable Building Code standards and all development and design standards of the zoning district in which they are located. In addition, the height of the guest house shall not exceed 17 feet within one story. 2. Guest houses shall be architecturally compatible with the main unit. 3. The floor area of the guest house shall not exceed 30 percent of the existing living area of the principal residence. ' 4. The placement of a guest house on a lot shall not result in violation of the lot coverage 33 SUPPLEMENTAL RESIDENTL4L REGULATIONS lDraft. 81291951 maximums set forth in Table 9-... of this Code. 5. There shall be no kitchen or cooking facilities within a guest house. 6. A guest house shall be used only by the occupants of the main residence, their non-paying guests, or domestic employees. The guest house shall not be rented or otherwise occupied separately from the main residence._ 7. A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guest house to a rental unit, to a unit for sale, or to add a kitchen or cooking facility. 8. If a private sewage disposal system is used, approval of the local health officer shall be required. 9.60.110 Home Occupations. A. Purpose. The regulations set forth in this Section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. B. Permit Required. Establishment and operation of a home occupation shall require approval of a home occupation permit processed in accordance with Section.... Information shall be provided to ensure that the proposed home occupation complies with the requirements of this Section. Additional information necessary to make the findings required for approval may be required by the City. C. Use and Development Standards. In addition to the requirements for each residential district, the following use and development standards shall apply to the establishment and operation of home occupations: The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principle character or use of the dwelling unit involved. 2. Only residents of the dwelling unit may be engaged in the home occupation. 3. A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than 25 percent of the combined floor area of the house and garage. 4. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. 34- ,t ; SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft. 8/29AS] 5. There shall be no signs, outdoor storage, parked vehicles, or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics. 6. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 8. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. 9. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 10. All conditions attached to the home occupation permit shall be fully complied with at all times D. Revocation or Suspension of Permit. The Director may revoke or suspend any permit for a home occupation if the Director determines that any of the performance and development standards listed in Subsection C of this Section have been or are being violated, that the occupation authorized by the permit is or has been conducted in violation of any state statute or City law, or that the home occupation has changed or is different from that authorized when the permit was issued. E. Permit Nontransferable. No permit issued for a home occupation shall be transferred or assigned, nor shall the permit authorize any person other than that named in the permit, to commence or carry on the home occupation for which the permit was issued. 9.60.120 Pets and Other Animals. In addition to the requir etbacks for structures set forth in this Code for the applicable zoning district, all pens and cages (except dog runs) corrals, stables and other structures specifically for keeping animals overnight, o er an in the residence, shall be located at least 50 feet from any adjoining existing residential structure, or, if no residential structure exists, at least 50 feet from such areas where a residential structure may be legally located. Such areas may be defined by any combination of zoning setback requirements, easements or recorded CC&R's. 35 . �i SUPPLEMENTAL RESIDENTUL REGULATIONS [Draft. 8129/951 9.60.130 Recreational Vehicle Parking. A. Purpose. Recreational vehicles may be used for temporary habitation on residentially zoned property only in accordance with the provisions set forth in this Section. Recreation vehicles parked within a validly established recreation vehicle storage lot or park are exempt from the requirements of this Section. B. Definition. For purposes of this Code, a "recreational vehicle" or "RV" shall mean any vehicle designed and used for temporary habitation, including motorhomes, travel trailers and camper shells. For purposes of this Section, "stored" shall mean the same as "parked". C. Standards. 1. The parking of recreational vehicles is a temporary accessory use and is permittePireLcKor within the RVL, RL, and RC districts on lots with an existing dwelling, xcept that the may issue a minor use permit to use a recreational vehicle at a cons ction site for supervisory or guard personnel if the Director determines that such use would not adversely affect surrounding areas and where such use is in accordance with Section ... (Construction Trailers and Guard Offices). 2. The recreational vehicle shall not be used as either a primary or accessory dwelling by the resident or owner of the lot on which it is parked. 3. Recreation vehicles may be parked only on residentially zoned lots with an existing occupied dwelling. 4. No RV shall be parked on a public or private street, or in any portion of a residential front yard, including the driveway, for a period which exceeds 72 hours. 5. The vehicle shall be parked out of the public right-of-way on the driveway. RV's may also be parked in the rear or side yard of the dwelling provided such parking is not within any required side or rear setbacks and the parking area is screened by a minimum five-foot high fence or wa1Ii 6. The vehicle shall be self-contained. No water, sewer or electrical connections are permitted. The operation of electric generators is not permitted. 7. A recreational vehicle shall not be parked on a property for more than a maximum period of seven consecutive days. 8. Only one recreational vehicle used for temporary habitation is permitted at any one time. 36 SUPPLEMENTAL RESIDENTUL REGULATIONS (Draft: 81291951 9. The City may impose any additional conditions on the parking and use of the recreational vehicle deemed necessary by the City to protect the public health, safety and general welfare. 10. The residents and the owner of the main dwelling on the parcel where the recreational vehicle is parked shall be responsible for ensuring compliance of the vehicle with the requirements of this Section and shall be subject to any and all enforcement actions by the City for violations of municipal ordinances and codes relating to such recreational vehicle use. D. Permit Procedures. 1. Application. Prior to moving a recreational vehicle onto the property, the owner of the property or the vehicle shall apply for a minor use permit in accordance with Section .... The application shall include the following information. a. Address of dwelling where vehicle will be parked. b. Name and address of vehicle owner/user. c. Number of persons to inhabit vehicle. d. Authorization of resident and/or property owner permitting the temporary use. e. Description (make, model, year and color) and license number of the vehicle. f. Location on the lot where vehicle will be parked. g. Approval from the homeowners association, if applicable. 2. Permit. After review of the application by the appropriate City staff in accordance with Section ... , a permit may be granted for a period not to exceed seven consecutive days. False, fraudulent or misleading information on the application shall be grounds for denial. The permit shall be displayed in open view on the vehicle. 3. Fees. A non-refundable fee shall be required at the time of application in accordance with the City's current fee schedule. 4. Revocation of Permit. A permit can be revoked if it is determined by the city that the use as conducted is creating a nuisance or in violation of the municipal codes. The vehicle shall be removed from the premises within twenty-four hours of issuance of the notice of revocation. 5. Enforcement. Use of a recreational vehicle for temporary habitation shall cease and the vehicle shall be removed from the property upon expiration or revocation of the applicable minor use permit or the parking and/or use of the vehicle shall be in violation of this Code. Every day that a violation continues to exist shall be deemed a separate violation subject to criminal prosecution or other appropriate legal action. 37 �.A SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft. 81291951 9.60.140 Screening. A. Parking Area Screening. Screening of common parking areas shall be provided for all residential projects in accordance with the requirements for nonresidential uses in Section .... B. Equipment Screening. 1. Roof -Mounted Equipment. Roof -mounted utility and mechanical equipment, including but not limited to air conditioning, heating, restaurant exhaust fans, electrical elevator structures, roof accesses, etc., may be permitted only if screened per the following requirements: a. For flat roofs, a screened enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. For all roofs, screening shall be an integral part of the roof design and not appear as an afterthought. b. Such screening shall be provided so that the highest point of the equipment is below the surrounding architectural feature and is screened from view to a minimum horizontal sight distance of 1320 feet as viewed from a point five feet above finish grade, whichever provides the most screening. c. All roof mounted equipment shall be screened from view of surrounding two-story (or more) residential development and, where feasible as determined by the city, from two-story commercial and other types of development. 2. Ground -Mounted Equipment. Ground -mounted utility, mechanical, and pool or spa equipment shall be screened from ground view of surrounding properties. Such screening may consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting. 3. Solar Equipment. Solar heating equipment, whether roof- or ground -mounted shall be installed so that the underside of the equipment is not readily visible from surrounding properties. 4. Access Ladders. Wall -mounted exterior roof access ladders are prohibited unless screened from view by surrounding fdatures C. Facility Screening. Within apartment and condominium projects, storage, trash, and loading areas shall be screened as follows: 1. Storage Areas. All storage, including cartons, containers, materials, or equipment shall be screened from public view as required by Section ... (Outdoor Storage and Display). 2. Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with Section ... Decorative overhead structures such as trellises 38 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft. 81291951 shall be integrated into the enclosure design if it is visible from higher terrain. 3. Loading Areas. Loading platforms and areas shall be screened from view from adjacent streets and residential, open space and recreation areas. 9.60.150 Tennis and Other Game Courts. A. Permits Required. Construction of tennis and other game courts, including fencing, may be permitted as indicated in Table 9-.... All lighted game courts, where permitted per Section ..., shall require approval of a conditional use permit by the Planning Commission processed in accordance with Section..... B. Development Standards. Game courts shall meet the following minimum development standards: 1. Fences. A maximum 12-foot high fence (measured from the finished grade of the court) shall be allowed. Fences may include a dark, non -reflective screening material. If the fencing is chain link, it shall be vinyl -coated or painted in a dark color such as dark green or black. 2. Setbacks. Minimum setbacks from property lines for game courts shall be: Front yard: 20 feet Side yard: 10 feet Rear yard: 10 feet The preceding minimum setbacks shall be increased by three feet for every foot of abutting court fence height over eight feet. In addition, if the setback from any side or rear property line is less than 30 feet, the finish grade of the court shall be a minimum of four feet lower than the finish grade at the applicable side or rear property line. 3. Lighting. Game court lighting shall conform to the requirements of Section ... (Outdoor Lighting) n addition, a maximum of eight lights (i.e. eight individual light sources s be permitted and mounting standard height shall not exceed 18 feet measureed-fio�' suftd. Courts shall not be lighted after 10:00 p.m. 4. Glare. The surface area of any game court shall be designed, painted, colored, and/or textured to reduce the reflection from any light source. 5. Landscaping. Landscaping shall be installed and maintained between the court fence and property line. A landscape plan shall be submitted with the building permit application, reviewed and approved by the city landscape architect, and implemented at the same time as court construction. 39 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft. &29ASI 9.60.160 Outdoor Lighting. All residential land uses shall conform to the nonresidential outdoor lighting standards of Section .... In addition, residential lighting shall comply with the following requirements: 1. Outdoor Game Courts. All lighted outdoor recreation uses shall be subject to the provisions of Section ... for lighted game courts. 2. Height. Building -mounted lights shall be installed below the eave line or below the top of wall if there are no eaves. Pole or fence -mounted & iWYd" Duff&- ie' Jights shall be located no more than eight feet above grade. 9.60.170 Special Outdoor Events. A. Outdoor Events. Within residential districts, special outdoor events shall include, but are not limited to pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, and large neighborhood or community gatherings in temporary outdoor facilities. B. Standards. Special outdoor events are permitted in residential districts as indicated in Table 9-1 provided the following requirements are met: AY 1. Approval of a m"or use pe t shall be required for events to be attended by more than 50 people, including participants and spectators. 2. Regardless of the number of attendants, activities conducted on property owned by or leased to the city or on public rights -of -way may require an encroachment permit issued by the Public Works Director. 3. The event may be permitted for a period not to exceed ten consecutive days. Events conducted by a single permittee or group which occur more than twice in a calendar year are not considered temporary and shall not be eligible for a minor use permit. 4. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required. 5. Applications for permits or certificates required by Subsections A. and B. of this Section shall be referred by the Community Development Department to other affected departments, cities or public agencies as may be appropriate for review and comment. 6. Related issues, including but not limited to police and security, food and water supply, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required MID SUPPLEMENTAL RESIDENTM REGULATIONS [Draft: 81291951 by the Director, Sheriff, Fire Chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, health and tent permits. 9.60.180 Manufactured Housing and Mobilehomes A. Purpose. This Section is intended to provide standards and criteria for the placement, design, and construction, of manufactured, modular, and mobile homes in residential districts consistent with Section 65852.3 et seq of the state Government Code. B. Definition. For the purposes of this Zoning Code, the terms "manufactured home" `modular home' and "mobilehome" shall mean the same thing, that is: a residential building transports a in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. For purposes of simplicity, the temi—mmanufactured ho�]es used in this Section. C. Mobilehome Parks. In accordance with Section 65852.7 of the state Government Code, mobilehome parks are permitted in all residential districts if a conditional use permit is approved. Development standards for such parks shall be the same as for the PD Planned Development District: minimum 30 percent common open area and minimum perimeter setbacks of 20 feet at any point and 25 feet average over the entire perimeter. D. Individual Manufactured Homes. In accordance with Section 65852.3 et seq of the state Government Code, individual mobilehomes may be permitted as permanent or temporary dwellings on single family lots within the RVL, RL, RC, RM, and RMH Districts. D. Site Development Permit Required. Approval of a site development permit by the Planning Commission shall be required prior to the placement of a manufactured home on a single family lot. The permit shall not be approved unless the Commission finds that the dwelling meet the same development standards as provided for single family homes for each district as set forth in Chapter ... and elsewhere in this Code in addition to the standard findings for approval of a site development permit per Section ...: 9.60.190 Family Day Care Facilities A. Purpose. The purpose of this Section is to provide standards for the establishment and operation of child or family day care facilities within residential districts consistent with Chapters 3.4 and 3.6 of Division 2 of the state Health and Safety Code. B. Small Day Care Facilities. Family day care facilities serving six or fewer children are permitted in all residential districts except the RH District. Such facilities shall conform to the following requirements: 41 SUPPLEMENTAL RESIDENTLIL REGULATIONS [Draft: 8129A51 1. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety y equipment as specified by the Fire Marshal and/or state regulations. 2. All facilities shall be operated in accordance with state and local health, safety, and other r regulations. 3. All parking and outdoor lighting shall comply with the applicable regulations set forth in Sections ... and ..., respectively. 4. All facilities shall comply with the development standards of the residential district in which they are located, as set forth in Section ... 5. All outdoor play areas shall be fully enclosed by a minimum five feet high fence which conforms to the standards of Section ... (Fences and Walls). No such play area shall be provided where fences are limited to less than five feet in height. C. Large Day Care Facilities. Family day care facilities serving seven to 12 children are permitted in all residential districts except the RH District if a minor use permit is approved. Such facilities shall conform to the preceding requirements for small day care facilities plus the following: 1. A minor use permit approved by the Director of Planning and Community Development shall be required to establish a large family day care facility in accordance with Section .... In addition, all facilities shall comply with this Section and with any additional requirements imposed as part of the use permit or of any other applicable permit. 2. No large family day care facility shall be approved on a parcel which is within 500 feet of another parcel which either already contains such a facility or which has a valid permit for such a facility. 3. All outdoor play areas shall be fully enclosed by a minimum five feet high fence which conforms to the standards of Section ... (Fences and Walls). No such play area shall be provided where fences are limited to less than five feet in height. 4. Outdoor activities shall be limited to between the hours of 9:00 a.m. and 7:00 p.m. 9.60.200 Senior Citizen Housing. A. Purpose. The purpose of this Section is to provide standards for the establishment and operation of senior citizen housing facilities consistent with Sections 1568.083 et seq and 1569.85 of the state Health and Safety Code. B. Senior Citizen Residences. Senior residences, i.e. those with six or fewer residents, shall 42_ SUPPLEMENTAL RESIDENTL4L REGULATIONS [Draft. 81291951 conform to the following requirements: 1. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety equipment as specified by the Fire Marshal and/or state regulations. 1 2. All facilities shall be operated in accordance with state and local health, safety, and other regulations. 3. All signs, parking, and outdoor lighting shall comply with the applicable regulations set forth in Sections ..., ... and..., respectively. 4. All facilities shall comply with the development standards of the residential district in which they are located as set forth in Section ... C. Senior Group Housing. Senior group housing facilities, i.e. those with seven or more residents, may be permitted in all residential districts subject to approval of a conditional use permit by the Planning Commission. Such facilities shall conform to the preceding requirements for senior citizen residences plus the following: 1. Residential occupancy shall be limited to single persons 55 years of age or over or married couples with at least one spouse 55 years of age or over. 2. The project may provide, for the exclusive use of the residents, central cooking facilities, common dining room(s), central laundry facilities, a beauty shop, a barber shop, and a pharmacy not exceeding 1000 square feet in floor area. 9.60.210 Construction and Guard Offices. The temporary placement of a trailer, recreational vehicle, or other relocatable building, or the temporary use of a permanent structure on an active construction or grading site to serve as a construction and/or guard office, and the establishment of a materials and equipment storage yard, may be permitted subject to approval of a minor use permit processed in accordance with Section... and the following requirements: 1. The office shall not be moved onto the site or otherwise established until issuance of a precise grading permit or, if there is no grading permit, until issuance of a building permit. 2. Any temporary use and/or structure shall be removed from the site prior to the issuance of certificates of occupancy for the last new building on the site. 3. Any permanent structure or portion"issuance evoted to a temporary use shall be converted to a permanent permitted use prior to of a certificate of occupancy for the last new building on the site. 43 SUPPLEMENTAL RESIDENTUL REGULATIONS [Draft: W91951 4. The use of a recreational vehicle as a construction or guard office shall require approval of a minor use permit by the Director in accordance with Section .... 9.60.220 Trash and Recyclable Materials Storage. - _ G All condominium and apartment projects shall comply with the nonresidential trash and recyclable materials storage requirements of Section .... 9.60.230 Noise Control. Residential land uses shall comply with the nonresidential noise control standards set forth in Section 9-.... 9.60.240 Model Home Complexes. A. Model Home Complex and Sales Offices. Temporary model home complexes, real estate sales offices and related signage may be established if a minor use permit is approved in accordance with Section ... and the following requirements are satisfied: 1. The complex is used solely for the original sale of new homes or the first rental of apartments in projects of 20 or more units. 2. The complex is located within the area of the project for which it is established. The temporary sales office shall not be located within 100 eet of an existing dwelling unit which is not a part of the new project. 3. Notwithstanding other provisions of this Code, the parcel of land on which a temporary real estate office is established is not required to be a building site provided the parcel is precisely described. 4. The following structures and facilities are permitted in conjunction with the establishment of a temporary real estate office in conformance with an approved minor use permit: a. Model homes in compliance with the zoning regulations applicable to the properties that are being sold. b. Garages, attached and detached, in compliance with the zoning regulations applicable to the properties that are being sold. c. Temporary sales office buildings or relocatable buildings. d. Accessory buildings and structures in compliance with the zoning regulations applicable M SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: W9/951 to the properties that are being sold. e. Recreational facilities that will become a permanent portion of the project in compliance with the zoning regulations applicable to the properties that are being sold. I f. Permanent streets and driveways that will be part of the project after the closure of the real estate office use. g. Temporary children's playgrounds. h. Temporary and permanent fencing, walks, and structural amenities. i. Temporary vehicle parking and maneuvering areas to provide off-street parking as necessary for employees and guests. j. Temporary vehicular accessways. k. Temporary landscaping. B. Signs. Signs in connection with a temporary model home complex shall be permitted within a project subject to the following requirements: 1. Temporary project identification signs up to 50 square feet in area and ten feet in height are permitted at each street entrance, subject to the provisions of Section ... (Signs). 2. The sign copy shall be limited to matters relating to the project within which the signs are located. 3. Such signs shall have a time limit of existence concurrent with the use of the permitted temporary offices. C. Flags. Flags in connection with a temporary model home complex may be permitted within a residential project subject to the following requirements: 1. Number. A maximum of eight flags shall be permitted. There shall be no more than one flag per pole. 2. Height. Flagpoles shall be a maximum of 20 feet in height on the perimeter of the project and 16 feet in height in the interior. Pole heights shall be measured from finish grade at the nearest project perimeter. 3. Pole Diameter. Pole diameter shall be determined by the lateral load and size of the flag. The r----- 45 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft. 8,291951 r- Director shall provide applicants with diameter standards. 4. Size. Flags shall be a maximum of 18 square feet in area on the perimeter of the project and 12 square feet in the interior. 5. Rigid Flags. Rigid flags, secured on more than one side, are prohibited. 6. Flag Copy. Flag copy, if any, shall be limited to the project logo, project name, and/or the name of the developer. Copy containing a phrase or part of a phrase spread over more than one {� flag is prohibited. 7. Color. Flags may vary in color or have multiple colors but fluorescent colors are prohibited. 8. Time Periods. Flags shall be approved by the Director for an initial six-month period. The Director shall review the installed flags prior to the end of that period. If the Director determines that all standards and conditions have been met and that all flags have been properly maintained, the Director may grant a time extension for an additional six months. If no such extension is approved, all flags must be removed upon expiration of the initial six months. D. Prohibited Advertising Devices. The following advertising devices or activities are expressly prohibited within or outside the project: banners, balloons, portable trailer signs, or human indicators, except as specifically approved in a minor use permit and in compliance with Section ... (Signs). E. Requirements for Approval. Any approving action shall include those conditions and requirements deemed by the decision -making authority to be necessary or advisable to protect the public safety and the general welfare, together with adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the expiration of the permit. In addition to those findings required for the approval of an application, any approving action for a temporary real estate office shall also include the following finding: "The access, parking and circulation facilities will not result in excess traffic congestion or traffic safety hazards." F. Time Limitations. A minor use permit for a real estate office may be approved for a maximum time period of two years from the date of approval. 9.60.250 Condominium Conversions. A. Purpose. The purpose of this Section is to: 1. Provide standards and criteria for regulating the conversion of rental housing to residential 46 SUPPLEMENTAL RESIDENT2AL REGULATIONS [Draft. 8/29/951 condominium, community apartment or stock cooperative types of ownership and for determining when such conversions are appropriate; 'i 2. Mitigate any hardship to tenants caused by their displacement; and 3. Provide for the public health, safety and general welfare. `u B. Applicability. The provisions of this Section shall apply to all conversions of rental housing into condominiums, community apartments or stock cooperatives notwithstanding any other provision of this Zoning Code. C. Use Permit and Subdivision Required. All conversion projects subject to this Section shall require approval of a conditional use permit in accordance with Section ... and approval of tentative and final subdivision maps in accordance with Section ... D. Zoning and Subdivision Standards. Conversion projects shall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval, and (2) the applicable provisions of the Subdivision Code. E. Tenant Notification. Applicants for conversion projects shall be responsible for notifying existing and prospective rental tenants as follows: 1. Existing Tenants. At least 60 days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in Section 66452.9 of the state Subdivision Map Act to each tenant of the subject property. Further, if the conversion project is approved, the applicant shall give all tenants a minimum of 180 days advance notice of the termination of their tenancy. 2. Prospective Tenants. At least 60 days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in Section 66452.8 of the Subdivision Map Act to each person applying after such date for rental or lease of a unit of the subject property. Pursuant to the Subdivision Map Act, failure of an applicant to provide such notice shall not be grounds to deny the conversion but shall make the applicant subject to the penalties specified in Section 66452.8 of the Subdivision Map Act. 3. Evidence of Tenant Notification. Each application for conversion shall include evidence to the satisfaction of the Director that the notification requirements specified in Subsections E-1. and E-2. of this Section have been or will be satisfied. F. Tenant Purchase Option. The property owner shall provide tenants with a 90-day preemptive right to purchase a unit or a right of exclusive occupancy upon more favorable terms and conditions 47- SUPPLEM, ENTAL RESIDENTUL REGULATIONS [Draft: &29/951 than those on which such unit or share will be initially offered to the general public. Such right shall be irrevocable for a period of 90 days after the commencement of sales and notification of the tenant of such right. G. Application Requirements. Each application for a conversion project shall be accompanied by the following in addition to the standard filing requirements for conditional use permit and subdivision r applications: 1. Engineering Report. An engineering report on the general condition of all structural, electrical, plumbing and mechanical elements of the existing development, including noise insulation, and the estimated cost of repair or improvements, if any. The report shall be completed to the satisfaction of the Director, signed and dated by the Director, and made available to prospective buyers if the conversion is completed. 2. List of Tenants. A complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes. Within 10 days after the filing of the application, the Director shall notify each tenant of the application, forward a copy of the engineering report required by Subsection G-1. of this Section, and list the procedures to be followed. The Director shall mail a notice of public hearing at least 10 days before the hearing to each tenant on the mailing list. 3. .Housing Program. Each application for a conversion project shall be accompanied by a Housing Program. The program shall include but not be limited to the following: a. The means by which the provision of affordable rental housing will be achieved; (e.g. by maintaining affordable rental condominium units within the converted project or by providing affordable rental units elsewhere in La Quinta.) b. A housing report addressing the balance of housing in the immediate area, including vacancy rates and other available housing of similar type and rent, the current rents and estimated monthly payments and fees of the units to be converted, and all improvements and renovations contemplated; c. A survey of existing tenants as to their length of occupancy and the number of those who express the intention of purchasing one of the units; and d. A relocation plan which identifies the steps which will be taken to ensure the successful relocation of each tenant if the conversion is completed. The relocation plan shall also state what specific relocation assistance existing tenants will be given, such as costs relating to physically moving tenants and their possessions, first months' rent in the tenant's new unit, security and cleaning deposits, and phone connection and utility deposits. Particular consideration shall be given to the needs of elderly and disabled individuals, families with 48 i SUPPLEMENTAL RESIDENTLIL REGULATIONS [Draft: 8/29/951 ..p children, and other tenants who may encounter difficulty in finding a new residence. H. Affordable Units in Condominium Conversions. The provision of affordable dwelling units in connection with the conversion of apartments to condominiums shall be governed by the provisions of this Section and of Section .... t'l= 9.60.260 Density Bonuses for Affordable housing. A. Pwpose.This Section is intended to implement the provisions of: (1) state Government Code Sections 65915 and 65915.5, which require a local jurisdiction to provide incentives for the production of affordable housing units; and (2) the City's General Plan Housing Element policies relating to the provision of affordable housing. B. Eligibility. A density bonus may be granted to an eligible housing development in any residential district through approval of a conditional use permit by the City Council (after recommendation from the Planning Commission). In order to qualify for a density bonus or other financial incentives of equivalent value as specified in Government Code Section 65915, the developer of a housing project shall agree to construct one of the following: 1. At least 20 percent of the total units of a housing development for persons and families of lower income, as defined in state Health and Safety Code Section 50079.5. 2. At least ten percent of the total units of a housing development for very low income households, as defined in state Health and Safety Code Section 50105. 3. At least 50 percent of the total units of a housing development for "qualifying residents", as defined in state Civil Code Section 51.2. Only one density bonus/incentive shall be granted to each project regardless of the number of preceding qualifying commitments made by the developer. C. Density Bonus/Incentives. Density bonuses and regulatory concessions and/or incentives shall require approval of a conditional use permit and shall be subject to the following provisions: 1. Density Bonus. For purposes of this Section and in accordance with Government Code Section 65915, "density bonus" shall mean a density increase of 25% over the otherwise maximum allowable residential density under the General Plan. 2. General Plan Amendment Required. Density increases above the maximum allowed in the General Plan shall require approval of a General Plan amendment in addition to the required conditional use permit. 49' SUPPLEMENTAL RESIDENTIAL REGULATIONS (Draft. &29/951 3. Determination of Unit Count. When computing the number of housing units which are to be affordable, the density bonus shall not be included. 4. Minimum Project Size. A projects must contain at least five dwelling units in order to be considered for a density bonus.=.4 k 5. Previous Density Bonuses. The density bonus provision shall not apply to any parcel or project area which has previously been granted increased density through a General Plan amendment, zone change or other permit to facilitate affordable housing. 6. Dispersal of Affordable Units. "Affordable" or "density bonus" units shall be generally dispersed throughout a development project and shall not differ in appearance from other units in the development. 7. Regulatory Incentives. In accordance with Government Code Section 65915, in addition to a density bonus the City shall grant at least one of the following regulatory concessions and/or incentives to insure that the residential project will be developed at a reduced cost: a. A reduction or modification of City code requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 25 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. b. Approval of mixed -use development in conjunction with a multi -family residential project if commercial, office, industrial or other land uses will reduce the cost of the housing development and if the project will be compatible internally as well as with the existing or planned development in the area where the proposed project will be located. c. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. D. Procedures. The procedures for implementing this Section shall be as follows: Notification to Developer. The City shall, within 90 days of receipt of a written proposal to utilize a density bonus for affordable housing, notify the developer in writing of the procedures governing these provisions. 2. CUP Required Affordable housing projects processed under this Section shall require approval of a conditional use permit by the City Council. 3. Required Findings. In addition to the findings required for conditional use permits generally, 50 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: W91951 ,9 all of the following findings shall be made by the City Council in approving any such permit ,ry granting a density bonus: a. The number of units permitted by the conditional use permit is compatible with the existing and planned infrastructure and service facilities serving the site; b. The developer has demonstrated that the density bonus and adjustment of standards is necessary to make the project economically feasible; and, A _` c. The proposed project is compatible with the goals and policies of the General Plan and purpose and intent of this Code. 4. Development Standards. When a conditional use permit for affordable housing is approved, the site development standards specified in the permit shall supersede the otherwise applicable development and other standards set forth for residential projects in this Chapter. 5. Agreement to Ensure Affordability. Prior to the issuance of a building permit for any dwelling unit in a development for which "density bonus units" have been awarded or incentives been given, the developer shall submit documentation which identifies the affordable units and shall enter into a written agreement with the City to guarantee their continued use by and availability for low and moderate -income households for 30 years. The agreement shall extend for more than 30 years if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. The terms and conditions of the agreement shall run with the land, shall be binding upon all successors in interest of the developer, and shall be recorded in the Office of the Riverside County Recorder. The agreement and other project documents shall also include the following provisions: a. The developer shall grant the City the continuing right of first refusal to purchase or lease any or all of the designated units at fair market value; b. The deeds to the designated units shall contain a covenant stating that the developer or the developer's successors in interest shall not sell, rent, lease, sublet, assign or otherwise transfer any interests in such unit without the written approval of the City, confirming that the sales price of the units is consistent with the limits established for low- and moderate - income households as adjusted by the Consumer Price Index; and, c. The City shall also have the authority to enter into other agreements with the developer or purchasers of the dwelling units as may be necessary to assure that the designated dwelling units are continuously occupied by eligible households. E. Condominium Conversions. The creation or continuation of affordable dwelling units in connection with the conversion of apartments to condominiums shall be governed by the following 51 Y SUPPLEMENTAL RESIDENTL4L REGULATIONS [Draft: 8/29/951 provisions: _ 1. 2-7Iigibility.When an applicant for approval to convert apartments to condominiums agrees to ' provide at least 33 percent of the total units to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code or 15 percent to lower income households as defined in Section 50079.5 of the Health and Safety Code and agrees to pay the x reasonably necessary administrative costs incurred by the City in the processing of the conversion, the City may, through approval of a conditional use permit, either: (a) grant a density bonus, or (b) provide other incentives of equivalent financial value. However, nothing` in this Section shall be construed to require the City to approve a proposal to convert apartments to condominiums. 2. ,Equivalent Financial Value. For purposes of this Section "other incentives of equivalent financial value" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval under the procedures of Section ... of this Code. 3. Conditions of Approval. The City may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate 4. Ineligiblity. An applicant shall be ineligible for a density bonus or other incentives under this Section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Subsections B and C of this Section. 5. Procedures. Procedures for review of condominium conversions with affordable units shall be as set forth in Section ... as well as Subsection D of this Section. 9.60.270 Timeshare Regulations. A. Purpose. The City Council finds that timeshare facilities constitute a commercial hotel use. Due to the mixed method of operation, hybrid ownership, the potential generation of large numbers of people and vehicles, and the potential impact on the tourism -related facilities in the City, special development criteria are warranted. Also, this Section is intended to establish criteria by which timeshare facilities will function as hotels/motels. Any conversion of an existing facility to timeshare use will be required to meet the same standards as new facilities. B. Definitions. For purposes of this Section, the following definitions shall apply: 1. "Timeshare facility" means a facility in which a person receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or portion of real property for a period of time which has been or will be allocated from 51 SUPPLEMENTAL RESIDENTUL REGULATIONS [Draft. &29ASJ twelve or more occupancy periods into which the facility has been divided. A timeshare use may be coupled with an estate in the real property or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property. 2. "Person" means an individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. • ' '• C. Limits on Occupancy. 1. In no instance shall a person occupy one or more timeshare units in a timeshare facility for more than thirty days. Units which do not meet such criteria shall be considered to be residential units and shall be subject to all applicable zoning restrictions. 2. Units in a timeshare facility shall not be used as a residence unless: a. The residential use is allowed by the underlying zone designation; and b. The residential use was specifically allowed by the conditional use permit or other City discretionary permit. D. Where Permitted. 1. Timeshare facilities and conversions to timeshare use are permitted subject to approval of a conditional use permit only in residential zoning districts and in the CC (Community Commercial) and CT (Tourist Commercial) districts Such facilities and conversions are expressly prohibited in all other districts. Further, the conversion of timeshare units to residential condominium uses is prohibited unless one hundred percent of the units in the development are converted simultaneously. 2. Timeshare facilities may include other uses, either as minor ancillary uses to the timeshare facility or independent facilities so long as the specific use is allowed by the underlying zone designation. Such uses shall meet all City laws and requirements. E. Development Standards. The following shall constitute the minimum development standards for timeshare facilities and the conversion of existing facilities to timeshare use. Additional requirements may be attached to a conditional use permit or other discretionary permit if found to be necessary to assure that the development is consistent with the purpose of this Section: 1. Setback, Height, and Lot Coverage. The minimum required setbacks and minimum height and lot coverage shall be those as established in the underlying zone designation. Additional setbacks and height and lot coverage restrictions may be required to ensure that the facility is adequately buffered from surrounding uses. 53 SUPPLEMENTAL RESIDENTIAL REGULATIONS lDraft. 8/29/951 2. Parking. The minimum parking requirements for timeshare facilities shall be those required by law for hotel/motel uses, plus requirements for ancillary uses (for example, restaurants and shops). Other uses which are included in the facility, but which are not ancillary uses, shall meet all requirements of this Code. Additional parking may be required if the design of the facility and units indicates that additional parking is necessary. 3. Signs. The sign requirements shall be those as established by Section ... of this Code. 4. Management. The management of a timeshare facility shall be in accordance with the requirements established by the California Department of Real Estate for timeshare uses. An on -site manager is required. 5. Required Facilities. The provision of facilities, amenities, or design features usually associated with hotels/motels (e.g. lobbies, check -in area, registration desks, service closets, laundry facilities) shall be required to ensure that the timeshare facility will adequately function as a hotel/motel. F. Conversions to Timeshare Uses. The following standards shall apply to conversions of existing facilities to timeshare uses: 1. The conversion of any type of existing unit or facility to timeshare use shall be subject to the approval of a conditional use permit. Conversions shall be evaluated in terms of the physical suitability of the units or facilities for timeshare use. Items to be considered shall include, without limitation, the general maintenance and upkeep of the structures; general physical condition of the facility; age of the structures; suitability of the units for the type of occupancy proposed; availability of kitchen facilities; the age, condition, and general repair of any recreational facility; the potential impact on nonconverting units within the facility; and conformance with appropriate building, safety, or fire standards. The upgrading of the facility may be required to mitigate any identified deficiencies. 2. All facilities converted to timeshare use shall meet all applicable City requirements, including building, safety, and fire standards. 3. The conversion of apartments to timeshare use shall be subject to the same relocation benefits as are or may be established for the conversion of apartments to condominiums. 4. Conversion to timeshare use must be explicitly permitted by any covenants, conditions and restrictions which are recorded against the property proposed to be converted. G. Application Requirements. 1. In addition to any application requirements established by Section ... [CUP section] and any 54- SUPPLEMENTAL RESIDENTML REGULATIONS [Draft: W9/951 other applicable requirements of this Code, the following information shall also be submitted as part of any application to develop or establish a timeshare facility: a. Typical floor plans for each timeshare unit; b. The phasing of the construction of the timeshare use; c. The type of timeshare method to be used (e.g., fee simple, leasehold, tenancy -in -common, license, membership) and how such use may be created; d. The identification of timeshare intervals and the number of intervals per unit; e. Identification of which units are in the timeshare program, the use of the units not included in the program, and the method whereby other units may be added, deleted, or substituted; f. A description of any ancillary uses which are proposed in conjunction with the timeshare facility; g. A description of the availability of the timeshare project and ancillary facilities to the general public; h. A description of the method of management of the project and indication of a contact person or party responsible for the day-to-day operation of the project; i. A description of the type and operation of any other uses (residential, commercial, or recreational) which are included in the facility; J. The formula, fraction or percentage, of the common expenses and any voting rights assigned to each timeshare unit and, where applicable, to each unit within the project which is not subject to the timeshare program; k. A description of the methods to be used to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance; 1. Any restrictions on the use, occupancy, alteration, or alienation of timeshare units; m. Copies of all enabling documentation, including, but not limited to, articles of incorporation, bylaws, declarations of covenants, conditions, and restrictions, and membership or license agreements; n. Copies of all California Department of Real Estate applications and permits, including any public report issued; 55 SUPPLEMENTAL RESIDENTL4L REGULATIONS (Draft. 8/29/951 o. A description of the method to be used in collecting and transmitting the transient occupancy tax to the City; p. Any other information or documentation the applicant, the Community Development Director, or the Planning Commission deems reasonably necessary to the consideration of the project, including any required environmental documents; and q. Applications for the conversion of any portion of an existing facility to a timeshare facility shall include the following information in addition to the other information required by this Subsection: (1) A properly report describing in detail the condition and useful life of the roof, foundations, and mechanical, electrical, plumbing, and structural elements of all existing buildings and structures. Such report shall be prepared by a registered civil or structural engineer, a licensed architect, or a licensed general contractor; (2) A descriptive report containing acoustical test data which indicate the noise attenuation characteristics of the existing party walls and ceilings. The data for such report shall include a sampling of at least ten percent of the dwelling units involved, but in no case fewer than two dwelling units, and shall be compiled by an independent consultant xperienced in the field of acoustical testing and engineering; (3) If the conversion is of an apartment or condominium facility or any portion thereof, a certified list of the names and addresses of all tenants residing in the project proposed to be converted at the time the application is filed, whether or not the unit in which the tenant resides will be converted; (4) A comprehensive list of all improvements, upgrading, and additional facilities proposed; and (5) A report describing all repairs and replacements needed, if any, to bring all structures into substantial compliance with the Uniform Building Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, Uniform Mechanical Code, and any other building related codes as modified and adopted by the City. 2. The information required by this section shall be reviewed by the Community Development Director, who will require its revision and resubmittal if found to be inadequate or incomplete. Any information or documentation not available at the time an application for timeshare facilities is first submitted, by agreement between the applicant and the City, may be submitted at a later date. Approval shall be subject to the required documentation being received, and the failure of an applicant to submit such documentation shall be grounds for disapproval. 56 SUPPLEMENTAL RESIDENTIAL REGULATIONS (Draft. &29/951 H. Required Notice. Public notice shall be given for all conditional use permits associated with timeshare facilities as required by this Code. In addition, in the event an apartment or condominium facility or any portion thereof is proposed to be converted to a timeshare facility, written notice shall be mailed to all persons residing in the facility, whether or not the unit in which the person resides will be converted, not less than ten days prior to the Planning Commission hearing. Such notice shall be mailed by the Planning Department at the expense of the applicant, and shall state the following: 1. The date, time, place, and purpose of the hearing; 2. Notification that if the permit is approved, tenants may be required to vacate the premises; 3. Notification that if the permit is approved, the property owner will be required to give all tenants a minimum of one hundred twenty days' notice to vacate. However, such notice shall not restrict the exercise of lawful remedies pertaining to, but not limited to, tenants' defaults in the payment of rent or defacing or destruction of all or a part of the rented premises; and 4. A description of any available relocation benefits to be provided by the project applicant. I. Required Findings. In addition to the requirements for findings of fact as established by California law or other provisions of this Code, the approval of a conditional use permit for a timeshare facility shall require the following additional findings: 1. The proposal is in conformance with the City's General Plan, this Section, and other applicable requirements of this Zoning Code; 2. The property is physically suitable for use as a timeshare facility; and 3. The use of the property as a timeshare facility will not cause an undue burden on adjacent and nearby property owners. J. Transient Occupancy Tax. Timeshare facilities shall be subject to all applicable provisions of Chapter 3.24 of the Municipal Code. IlT W E N C E a o T u x e s URBAN PLANNING AND DESIGN 57 4 CHAPTER 9.80: PERMITTED NONRESIDENTIAL USES Sections: ` 9.80.010 Development Permits Required ................... 4 9.80.020 NR Overlay Uses .............................. 4 9.80.030 Table of Permitted Uses ........................ 4 9.80.010 Development Permits Required. v` Table 9-... of this Chapter specifies whether a land use or structure is permitted within a zoning district. However, in most cases development to establish a use also requires approval of a site development permit and/or other permits as set forth in Section .... 9.80.020 NR OverIay Uses. In accordance with the General Plan, no residential uses shall be established within the NR Nonresidential Overlay district except for incidental residential uses which: 1. Are a part of a larger mixed use project with predominantly nonresidential uses; 2. Are no more than 20 percent of the total project square footage;. 3. Are well integrated into the larger development, i.e. not a separate use; 4. Serve a legitimate necessary purpose for the development such as employee housing; 5. Have at least 50 percent of the units in the affordable category, as defined in the General Plan Housing Element; and 6. Are approved by the City as an integral part of the overall mixed use project. 9.80.030 Table of Permitted Uses. A. Uses and Structures Permitted. Table 9-...: "Permitted Uses in Nonresidential Districts", following, specifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A" Permitted only if accessory to the principal use on the site. 3. "C" Permitted as a principal or accessory use if a conditional use permit is approved. 4. "M" Permitted as an accessory use or temporary use if a minor use permit is approved. 5. "T" Permitted as a temporary use only. 6. "X" Prohibited in the district. B. Uses Not Listed in Table. Land uses which are not listed in Table 9... are not permitted unless the Community Development Director or the Planning Commission determines that such use is within one of the permitted use categories listed preceding (e.g. principal use, conditional use, etc.) in accordance with Section .... 4- 9 80: PERMITTED NONRESIDENTIAL USES [Draft: 612019.4 TABLE.* 9�-.i:::-PERMITTED USES IN NONRESIDENT TLAL DISTRICTS ....... .... . .. . .. ...... .. DISTRICT P=PtindpalUse M=M'�0rUse permit::`:.. A = Accessory Use T= Tbmporary!jse Pe.nnit,.: Conditional. Use Permit X Prohibited Use: �,f .0 4ra fl -N a d CS.d d LAND USE CR CP CC CN CT CO. MC Retail Uses I Retail stores under 10,000 sq/ft floor area per business P A P P A A X Retail stores', 10,000-50,000 sq/ft floor area P X P P X X X Retail stores', over 50,000 sq/ft floor area C X C X X X X Food, liquor, and convenience stores under 10,000 sq/ft P A P P A A X floor area, open less than 18 hours/day' Food, liquor, and convenience stores under 10,000 sq/ft C X C C C X X floor area, open 18 or more hours/day' Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items. With no consumption of alcohol on the premises. Plant nurseries and garden supply stores, with no C X C C X X X propagation of plants on the premises, subject to §... (Outdoor Storage and Display) Showroom/catalog stores, without substantial onsite P P P X X X X inventory General Services Barber shops, beauty, nail and tanning salons and P A P P P A X similar uses I I Miscellaneous services such as travel services, photo P A P P P A X developing, videotape rentals, shoe repair, appliance repair, and similar uses Laundromats and dry cleaners -- except central cleaning P X P P P X X plants I Printing, blueprinting and copy services P P P P P P X Pet grooming -- without overnight boarding I P X I P P P X X1 9.80: PERMITTED NONRESIDENTIAL USES [Draft. 612019: TABU: 9� :.: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P W Principal Use lei = Mmor Use.Permit A = Accessory Use T = Tem o Use Pennit. = i `o = Prohi ?'� se: C Co Conditional Use Permit X bxted.0 ,.. DI5 TRIGT dX. LAND USE CR CP. CC CN CT CO MC Office Uses and Health Services Banks P X P P P P X General and professional offices P X P P P P C Medical offices -- physicians, dentists, optometrists, chiropractors, and similar practitioners P X P P P P X Medical centers/clinics -- four or more offices in one building P X P C X P X Surgicenters P X P X X P X Hospitals C X X X X X C Convalescent hospitals C X C X X X I C Veterinary clinics/animal hospitals, and pet boarding (indoor only) C C C X X X X Dining, Drinking, and Entertainment Uses Restaurants, other than drive-thru P A P P P A A Restaurants, drive-thru P I A P X P A X Restaurants, counter take-out with ancillary seating, such as yogurt, ice cream, pastry shops, and similar P P P P P P A Bars, taverns, and cocktail lounges C C C X C C X Dancing or live entertainment as a principal use C X C X C X X Dancing or live entertainment as an accessory use A X C C C C X Theaters, live or motion picture C X t—C X C I X X 9.80: PERMITTED NONRESIDENTIAL USES [Draft. 612019: TABLE 9 :,.: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal.Use . M = Ntmor Use Permit A = Accessory Use T = Temporary Use Permit. C =Conditional Use Permit X = Prohibited^ Lisa ": DISTRICT a. U:d E � �,. � g. ; LAND USE CR CP CC CN CT CO MC Recreation Uses Bowling, pool or billiard centers as a principal use C X C X C X X Pool or billiard tables as accessory use (3 tables or less) A A A A A A X Game machines, 11 or more (as either a principal or accessory use) C X C C C X X Game machines as an accessory use, ten or fewer machines A A A A A A X Golf courses and country clubs (see GC District permitted uses, § ...) X A X X C A X Tennis clubs or complexes C A C X X A C Health clubs, martial arts studios, and dance studios, 5000 sq/ft floor area or less M M M M M M A Health clubs, martial arts studios, and dance studios, over 5000 sq/ft floor area C C C C C C X Libraries and museums P X P C P P P Parks, unlighted playfields, and open space P P P P P P P Lighted playfields X X X X X X C Bicycle, equestrian and hiking trails P P P P P P P Indoor pistol or rifle ranges X C I X X X X X Miniaturegolf/recreation centers C X X X C X X a 9.80: PERMITTED NONRESIDENTIAL USES [Draft: 6100 TABLE 9...: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Pemut A —Accessory Use 1'`= Temporary t7se.Permit C =Conditional Use.Permit X= ProhibitedUse DISTRICT a' t` d. irz LAND USE CR CP CC CN CT CO MC Assembly Uses Lodges, union halls, social clubs and senior citizen centers C C C C X X C Churches, temples and other places of worship C C C C X I C X Mortuaries and funeral homes C C C X X X X Public and Semi -Public Uses Fire stations P P P P x P P Government offices and police stations P P P P P P P Communication towers and equipment, subject to Chapter ... C C C C C C C Electrical substations C C C I X X X C Water wells and pumping stations C C C X X X C Reservoirs and water tanks X X X X X X C Public flood control facilities and devices P P P P P P P Colleges and universities C X X X X X C Vocational schools, e.g. barber, beauty and similar C C C X X C C Private elementary, intermediate and high schools C C C C C C C Private swim schools C X C X X X C Train, bus and taxi stations C X C X C X C Helicopter pads X X X X C X C Public or private kennels and animal shelters (with indoor or outdoor pet boarding) X C X X X X C 9.80: PERMITTED NONRESIDENTUL USES [Draft. 6120195 TABLE %..,, PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal Use M W Minor Use Permit A = Accessory Use T W Temporary Use Permit C = Conditional Use Permit X = Prohibited. Use DISTRICT a a o LAND USE CR CP CC CN CT CO MC Residential, Lodging, and Child Care Uses Multi -family dwellings as a primary use § ... X X I X X X X X Residential as an accessory use, subject to § ... X X X X X X I X Child day care facilities, centers and preschools as a principal use, subject to § ... (also, see Accessory Uses) C C C C X C C Senior group housing, subject to § ... C X X X X X X Rooming and boarding houses C I X I X X I X X I X Single room occupancy (SRO) hotels, subject to § ... C X X X X X X Emergency shelters P P P P P I P P Transitional shelters (i.e, for homeless persons or victims of domestic abuse) C X X X X X C Mixed -use projects: residential and office/commercial C X X C X X X Hotels and motels C X C X C X X Caretaker residences M M M M M M M Automotive Uses (subject to §...: Outdoor Storage and Display) G8 A'V67 1 Gass service stations L,4 09 W4koLtb MIWI C C C C X X X Car washes C C C X X X X Auto body repair and painting; transmission repair X C X X X X X Auto repair specialty shops, providing minor auto maintenance: tire sales/service, muffler, brake, lube and tune-up svcs -- not including major engine or drivetrain repair C C C X X X X Auto and motorcycle sales and rentals C C X X X I X X Truck, recreation vehicle, and boat sales C C X X X X X 9.80: PERMITTED NONRESIDENTIAL USES [Draft: 612019: T"LE:9-..,t PERMITTED USES IN NONRESIDENT)<:AL DIST RICTS P = Principal:Use ivl = Minnx Use A = Accessory Use T w Temporary. Use'eraoit" C = Conditional Use Permit . X. W Prohibited Use a. a• H c. <> EANID USE CR CP CC CN CT CO MC Truck and/or equipment rentals C C X X X X X Auto parts stores, with no repair or parts installation on the premises P P P C X X X Auto or truck storage yards, not including dismantling X C X X X X X Private parking lots/garages as a principal use subject to §..., Parking C C C X C C X Warehousing and Heavy Commercial Uses (subject to §... : Outdoor Storage and Display) Wholesaling/distribution centers, with no sales to consumers C P X X X X X General warehouses, with no sales to consumers C P X X X X X Mini -storage warehouses X P X X X X X ]Lumber yards, outdoor (see retail stores for indoor lumber sales) X C X X X X X Pest control services C C X X X X X Plumbing repair shops C P X X X X X Contractor, public utility and similar equipment/storage yards C C X X X X C Central cleaning or laundry plants C C C X X I X X Communication or relay facilities/antennas as a primary use C C C C C C C I 9.80: PERMITTED NONRESIDENTIAL USES [Draft. 612011 PERN1171M USES. IN NONRE .. . ...... . . M ermit .....M Mor Use? wr Use Permit A =Accessory Use .-T=Temporary ... . - . C Conditioml Use Permit X= Prohibited Use..:. MSTRICr V: :,.- 1A. V., I �P4- I .::: IS :: -I .9 .-M X. LAND USE CR CP CC CN CT CO MC Industrial and Research Uses Indoor manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, and wood X P X X X X X Research and development P P X X X X X Recording studios P P X X X X X Bottling plants X P X X X X X Sign making, except sandblasting P P X X X X X Sign making, including sandblasting X P X X X X X Recycling centers as a primary use, collection and sorting only, subject to X C X X X X C Offsite hazardous waste facilities, subject to § ... X C X X X X X Accessory Uses and Structures Portable outdoor vending uses (such as flower stands, hotdog stands, etc.), subject to §... M M M M M M M Swimming pools as an accessory use M M M X A M A G-olf bffthri-ffti Mift Waft, iftcdsU-0 M M M X A M A Signs, subject to § ... A A A A A A A Fences and walls, subject to § ... A A A A A A A Antennas and satellite dishes, subject to § ... A A A A A A A Reverse vending machines subject to § ... A A A A X X A Rec cling dro off bins, subject to § ... M A M M X , X A 9.80: PERMITTED NONRESIDENTIAL USES [Draft: 612019.' TABLE 9..... PERMITTED USES. -IN NONRESIDENTIAL DISTRICTS P W Principal Use M = Minor Use Permit A _ Accessary Use: ...:.T = Temporary Use Pei nuk C — Conditional Use Permit X = Prohibited Use DISTRICT : ­. A : ,LAND USE' CR CP CC CN CT CO MC Incidental products or services for employees or businesses, such as child day care, cafeterias, and business support uses A A A A A A A Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district, as determined by the Director. A A A A A A A Temporary Uses Christmas tree sales, subject to § ... T T T T X X T Halloween pumpkin sales, subject to § ... T T T T X X T Stands selling fresh produce in season, subject to § ... T T T T X X T Use of relocatable building, subject to §... T T T T T T T Construction trailers and guard offices, subject to § ... T T T T T T T Special outdoor events, subject to § ... T T T T T T T Sidewalk sales, subject to § ... T T T T T T X Other Uses Fortune telling and palmistry C X C X X X X Adult entertainment businesses, subject to § ...' C X X X X X X 3 Property must also be located within the AE (Adult Entertainment) overlay district in accordance with § ... Other uses not listed in this Table. Per § ..., Director or Planning Commission to determine whether use is permitted. CHAPTER 9.90: NONRESIDENTIAL DEVELOPMENT STANDARDS Sections: 9.90.010 Maximum Building Height ..................... 13 9.90.020 Roof Projections .............................. 13 9.90.030 Wall Projections .............................. 14 9.90.040 Table of Development Standards ................ 14 9.90.050 Illustration of Development Standards ........... 16 9.90.060 Irregular Lots ................................ 17 9.90.070 Setbacks from Surface Easements ............... 17 9.90.010 Maximum Building Height. For purposes of this Code, the maximum height of buildings and other structures shall be measured from the mean point of the building site. The mean point shall be defined as the average of the highest and lowest elevations of the exterior walls of the building. This definition is illustrated in Figure 9-... following: FIGURE 9-...: MAXIMUM BUILDING HEIGHT BUILDING MAY NOT EXTEND ABOVE THIS LINE -------------------T ® i HIGHEST ELEVATION MEAN POINT (i.e. AVERAGE OF HIGHEST AND LOWEST ELEVATIONS OF EXTERIOR WALLS) LOWEST ELEVATION 9.90.020 Roof Projections. A. Encroachments Permitted. Notwithstanding Figure 9-... preceding, architectural features not containing usable floor space, such as chimneys, towers, gables, and spires, are permitted to extend 15 feet above the maximum structure height set forth in Table 9-... following if approved as part of a site development or other permit. The aggregate floor or "footprint" area of such architectural features shall encompass no more than ten percent of the ground floor area of the structure B. Antennas. Satellite dish or other antennas shall not extend above the maximum structure height specified in Table 9-... (see Section ... for other antenna regulations). 13 9.90: NONRESIDFIMAL DEVELOPMENT STANDARDS [Draft: 61201951 19.90.030 Wall Projections. A. Permitted Encroachments. Roof overhangs, chimneys, awnings and canopies may encroach a maximum of three feet into any of the required setbacks specified in Table 9-... following provided such projections do not extend over the property line. B. Prohibited Encroachments. Seating windows, balconies, exterior stairways, and similar features shall not encroach into required setbacks. 9.90.040 Table of Development Standards. Table 9-... following and Figures 9-..., 9-..., and 9-... of this Chapter set forth standards for the development of property within nonresidential districts. Notwithstanding Table 9-..., different standards shall apply if special zoning symbols, described in Section ..., are designated on the Official Zoning Map. 14 9.90: NONRESIDENTL4L DEVELOPMENT STANDARDS [Draft: 61201951 .DEVEL+QPMEN'�:.�'�AA�:R�I►S DE'VELOPIMNT STANDARD ..:... ... :::: t. . -C-P A:�-CC!;!...[iCN 'C-T. C MC. Min.- Max. Building Site (acres) n/a n/a 10 or 1-20 n/a n/a n/a more Max. Structure Height (ft.)' 50 35 40 35 40 40 40 Max. Number of Stories 4 2 3 2 3 3 3 Max. Floor Area Ratio (FAR)' .35 .25 .30 1 .25 .25 1 .30 n/a From Highway I I I Right -of- 50/ 50/ 501 n/a n/a n/a 'n/a Way (R/W)' 50 50 50 Min. From all other Primary Image 30/ 30/ 30/ 30/ 30/ 30/ 30/ Perimeter Corridor' Rights-of-Way20 20 20 20 20 20 20 Building/ From all other Perimeter 20/ 20/ 20/ 20/ 20/ 20/ 20/ Landscape Street Rights -of -Way' 15 15 15 15 15 15 15 Setbacks (in ft.)4 From residential districts and 50/ 50/ 501 30/ 30/ 30/ 30/ PR, OS, & GC districts' 10 10 10 15 5 15 s 15 5 15 S From abutting cmrcl, office, 10/5 10/5 1015 1015 10/5 10/5 10/5 It. industrial, & MC projects' Min. setback from interior property lines 0 0 0 0 0 0 0 within the same project Signs and Parking See Sections ... and ... Fences and Walls See Section ... Landscaping and Screening See Sections... and ... * Specific plan approval required for development or land division in the CR district. ' All min. perimeter setbacks shall be increased one foot for every foot in height that bldg. is above 35'. ' RAR means the gross floor area of all buildings divided by the building site area. ' The following are applicable Primary Image Corridors as identified in the General Plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington St.) 4 ]Landscape setback shall consist of landscaped area within the building setback. Number given is minimum average landscaped setback over the applicable street frontage. The remaining building setback may contain parking, driveways, and similar facilities. In addition to above landscape setbacks, interior landscaping shall be required as a percentage of the net project area as follows: parking areas: min. five percent; nonparking areas: min. five percent (also see Section ....). s For bldgs over one story in CN, CT and CO districts, setbacks shall be increased to 40/20. 9.90: NONRESIDENTIAL DEVELOPMENT STANDARDS [Draft: 6120195] 9.90.050 Illustration of Development Standards. FIGURE 9-... DEVELOPMENT STANDARDS FOR NONRESIDENTIALDISTRICTS CR., CP AND CC DISTRICTS: Min. 20' Buildin Setback from a Perimeter Stre t " R.O.W.'s (other it ani Primary Image Corr dor Min. 50' Buildina Setback Max. FAR's: CR=.35 CP=.25 CC = .30 . XY Building •k from Primary Corridors (other Highway 111) Min. 50' Building Min. 10' Building Setback from Setback from Residential, Abutting Commercial, Office, PR, OS, and GC Districts industrial, and MC Projects INTERIOR LANDSCAPING REQUIRED IN ALL DISTRICTS (in addition to landscape setbacks) AS A PERCENT OF NET PROJECT AREA, 1MTHIN PARKING AREAS: 5% WITHIN NON -PARKING AREAS: 5% CN, CT, CO, AND MC DISTRICTS: Min. 20' Build Setback from Perimeter Str R.O.W.'s (other Primary Image Cc Min. 30' Building Setback from Residential, PR, OS, and GC Districts (40' for bidgs. over one stor Max. FAR's: CN=.25 CT = .25 CO = .30 (MC: Na) i Mid.' Building Imilig 0� P�� b r Min. 10' Building Setback from Abutting Commercial, Office, Industrial, and MC Projects 16 9.90: NONRESIDENTIAL DEVELOPMENT STANDARDS [Draft: 6/20/9SJ ,9.90.060 Irregular Lots. A. Purpose. The purpose of this Section is to provide standards for the establishment and measurement of setbacks on irregular lots. B. Perimeter Setbacks. Perimeter setbacks shall be measured from the property line or the ultimate street right-of-way line, whichever results in the larger setback. C. Pie -Shaped .Lots. Setbacks on pie -shaped lots shall be measured at the closest point between the building and the angled lot line. D. Flag or Panhandle Lots. 1. Definition. For purposes of this Section, "panhandle lot", "flag lot", "panhandle building site", and "flag building site" all mean the following: a lot or building site having its only vehicular access by way of a narrow accessway which serves no other property and which is less than 40 feet wide and more than 20 feet long. 2. Wetbacks. All perimeter setbacks shall be measured from property lines, except that the property line adjacent and most perpendicular to the "panhandle" portion of the lot shall be extended across that portion and serve as the basis for measuring setbacks in that area. 3. No Structures in Panhandle. No structures shall be permitted in the panhandle portion of the lot nor shall that portion be credited to minimum lot area requirements. E. Determination by Director. Where a building site is situated such that any of the property lines are not readily determinable, required setbacks shall be as determined by the Director in compliance with the following criterion: required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses. 9.90.070 Setbacks from Surface Easements. Where a surface easement for street, vehicular access, bikeway, or recreation trail purposes has been granted across any portion of a lot, the building setback shall be measured from the property line or to the edge of easement, whichever is closer to the building. 17 CHAPTER 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS Sections: 9.100.010 Purpose and Intent .................... 18 9.100.020 Parking and Signs .................... 18 9.100.030 Fences and Walls ..................... 18 9.100.040 Landscaping ......................... 20 9.100.050 Screening ........................... 21 9.100.060 Detached Accessory Structures .......... 23 9.100.070 Satellite Dish and Other Antennas ........ 24 9.100.080 Christmas Tree Sales .................. 25 9.100.090 Halloween Pumpkin Sales .............. 26 9.100.100 Produce aadfiawer Stands ............. 26 9.100.110 Outdoor Vendors ..�................... 27 9.100.120 Outdoor Storage and Display ........... 28 9.100.130 Sidewalk Sales and Commercial Events ... 29 9.100.140 Temporary Outdoor Events ............. 30 9.100.010 Purpose and Intent. 9.100.150 Outdoor Lighting ................... 31 9.100.160 Caretaker Residences ................ 37 9.100.170 Construction Trailers and Guard Offices . 38 9.100.180 Relocatable Buildings ................ 39 9.100.190 Recycling Collection Facilities ......... 39 9.100.200 Trash and Recyclable Materials Storage .. 41 9.100.210 Noise Control ...................... 43 9.100.220 Operational Standards ................ 44 9.100.230 Hazardous Waste and Materials ........ 45 9.100.240 Service Station Standards ............. 47 9.100.250 Child Day Care Centers .............. 48 9.100.260 Senior Group Housing ............... 49 9.100.270 Single Room Occupancy (SRO) Hotels .. 49 9.100.280 Bus Stop Benches and Shelters ......... 50 This Chapter sets forth requirements for outdoor storage, sidewalk Fales, service stations, noise control, and other special aspects of land use in nonresidential districts. These requirements are in addition to the other regulations set forth in this Zoning Code. 9.100.020 Parking and Signs. Refer to Section ... for parking regulations and Section ... for sign regulations. 9.100.030 Fences and Walls. A. Definition. For purposes of this Section, "fence" or "wale' means any type of fence; , retaining wall, sound attenuation wall, screen, or windscreen. The terms "fence" and "wall" interchangeably in this Section to mean any or all of the preceding structures. B. Measurement of Fence Height. Except as otherwise specified intliis Section, fence hei&QW be measured from finish grade at the base of the fence to the highest,point of the fence on tb or exterior side, whichever is higher. In addition, the following provisions shall apply to the measurement of fence height: 1. Open railings, up to 48 inches high, placed on top of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement. 2. Fences 30 inches or more apart (between adjoining faces) shall be considered separate struc- tures and their heights shall be measured independently provided.the area between.th+ is landscaped and provided with a permanent irrigation system. Fences less than 30 inches apart shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. 18 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 6120] C. Height Standards. The construction and installation of fences shall be in compliance with the following standards: 1. Within Main Building Area. In the area of a lot where a main building may be constructed, the maximum freestanding fence height shall be 12 feet. 2. Setback Areas Not Bordering Streets. The maximum height shall be six feet within any required front, rear or side setback area not adjoining a street. However, where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. Adjacent to any reside" districts fence height shall not exceed eight feet measured from either side. 3. Setback Areas Bordering Street, Alleys and other Accessways. a. Maximum fence height shall be 30 inches within the first ten feet of the required front setback area (measured from the street). b. Where, because of the orientation of the lots, a property line fence borders both a front yard on one lot and a rear yard on the adjacent lot, the maximum height shall be six feet. c. Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of Subsection C-4 of this Section. d. City- or state -required sound attenuation walls bordering freeways or arterial highways may exceed six feet in height if so recommended by a noise attenuation study and apprcL-T— the Director. D. Visibility at Intersections. In regulating fences and other visual obstructions, it is neces `�9 preseryg motorist sight distances and -to maintain visual openness. 'Therefore, notwitbstaii i' Subsection C.3. of this Section, the height offences, trees, Ahrubs, and other visual"oiistEti 'dr shall be, further restricted as follows: I Tlie. height offences, ^ti:ees, shrubs, and -,other visual abstractions shall be. liini maximum height of 30 inches within the triangular area formed by drawing a sftaj;; 1) Between two points located on and 20 feet distant from the point of intersection of two ultimate street right-of-way lines. 2) Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other. 1E 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 61201 2. For purposes of this Code, "point of intersection" shall mean the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two lines. 3 Tire flea Tit resfriations -of-this _Siiibsection_sfiall- a I- 10 fences -walls triees�:" vegetation: az�� other'rima��ial �vfiic"It ¢��'s�rtzc�v�i;a�* o�stjrci� si . :• : : - - - - :w :::: : - : - - Y - :a:• F. Nonconforming Fences. Any fence which does not meet the standards of this Section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded or its non-conformance with these standards otherwise increased. Any fence destroyed or damaged to the extent of more than 50 percent of its total replacement value ;§461TAM repaired, rebuilt, or reconstructed except in conformance with these standards. 9.100.040 Landscaping. A. Landscape Plans. A landscape and irrigation plan shall be prepared and implemented for all development projects. Landscaping shall consist primarily of trees, shrubs, vines, groundcover, materials, or any combination thereof. B. Landscaping Standards Landscaping shall be installed and maintained in accordance with the following standards: 1. In addition to the perimeter landscape setbacks required per Section ..., interior landscaping shall be provided as follows: a. Landscaping equal to 15 percent of the net project area to be provided within parking areas. Parking, area landscaping shall be in, accordance with the requirements of section (Parking Kdcility Design Standards} 20 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 6120] b. Landscaping equal to five percent of the net project area to be provided within nonparking areas, such as next to buildings. c. Landscape setbacks shall not be credited toward the interior landscaping requirement. 2. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. 3. Permanent automatic irrigation facilities shall be provided for all landscaped areas. 4. All landscaping shall be maintained in a neat, clean and healthy condition at`4!E , including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and regular watering. 5. Height of landscaping along all streets and boundaries shall comply with Section ... (Fences and Walls). 6. The majority ofthe plant material used in landscaped areas shall be water efficient and dfiA— tolerant. 9.100.050 Screening. A. Screening Required. Screening shall be provided for all nonresidential uses in accordance with this Section. The Planning Commission may also require screening beyond that required in this Section as a condition of approval for a development project if it determines that such measures are necessary to mitigate adverse visual impacts created by the project. B. Screening of Mechanical Equipment. Roof -mounted mechanical equipment such as air conditioning, ventilating units, ducting, roof access structures, etc. shall be screened as follows: 1. Screening shall be provided so that the highest point of the equipment is below the surrounding parapet wall or other screening enclosure such that the equipment is not visible from a horizontal line of sight. 2. If the building roof is visible from surrounding higher buildings, roof equipment shall be screened from such buildings via metal latticework, metal louvers, or similar features unless determined unnecessary by the decision -making authority. 3. Screening enclosures shall be an integral part of the roof design and not appear as an "add -on". 4. Solar heating equipment shall be installed or screened so that the underside of the equipment 21 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 6120] is not visible from surrounding properties. 5. Wall mounted exterior roof access ladders are prohibited if visible from off site pede§fian p.razas,jcoui ard§ or W,,, r "sa C. Screening of.F'acilities. Storage, trash, and loading area facilities shall be screened as follows: 1. Storage Areas. All storage, including cartons, containers, materials, or equipment shall be screened from public view as required by Section ... (Outdoor Storage and Display). 2. Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with Section ... Gates s W1 not open. town-rd_a-puN Decorative overhead structures such as trellises shall be integrated into the enclosure design if it is visible from higher terrain or buildings. 3. Loading Areas. Loading platforms and berths shall be screened from adjacent streets and from residential, open space and recreation areas. D. Screening of Property. Screening of property shall be installed in accordance with the following standards: 1. Height Standards. All screening shall comply with the height standards of Section ... (Fences and Walls). 2. Abutting Residential and Open Space Areas. Screening shall be installed along all building site boundaries where the premises abut areas zoned or designated for residential or open space uses. Required screening shall be at leastsix feet in height except where prohibited by Section ... (Fences and Walls). 3. Parking Along Public Streets. Screening. shall be installed to shield views ofparlino:. from public streets in accordance with Section .... (Parking Facility Design Standard§)' 4. Allowance for Grade Differential. In order to take into account the effect of grade differentials on visibility, the City decision -making authority may require increased or decreased screening than that set forth in this Section if the finished elevation within five feet of the site boundary is different from that of the building site. 5. Nall Articulation. To avoid visual monotony, long straight stretches of wall or fence shall be avoided. Walls and fences shall be varied by the use of such design features as offsets (i.e. jogs), open panels (e.g. containing wrought iron), periodic variations in materials, texture, or colors, and similar measures. 22 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS /Draft: 61201 6. Wall Planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the decision - making authority. Plant spacing shall be appropriate to the growth habits of the selected plant species and shall be designed to provide interest and variety along the wall rather than creating a complete covering of the entire wall surface. Where the decision -making authority determines that screening is not required, walls may incorporate tubular steel, wrought iron, or other open design. 7. Screening Materials. Screening shall consist of one or a combination of the following types: a. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six inches thick. Walls shall utilize durable materials, finishes, and colors consistent with project buildings. b. Solid Fences. Solid fences may be used for screening if approved by the decision - authority. Such fences shall be constructed of wood or other materials with a nii fiiWri nominal thickness of two inches and shall form an opaque screen. All wood fencirt be constructed of not less than a grade of construction heart or merchantable an redwood or #2 and better (no holes) western red cedar, stained' or painte& to match'*oi complement the adjacent wall or structure. Alternatively, if left in natural coro; shall be treated with a water -repellant material. c. Berms.Landscaped berms (earthen mounds) shall not be more than 20 feet in width at the base. d. Plant Screens. Plant materials, when used as a screen, shall consist of compact evergreen plants. Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within 18 months after initial installation. Permanent automatic irrigation shall be provided. If, 18 months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the Community Development Director may require that a wall, solid fence, or berms be installed. 8. Signs. No signs or sign supports except those specified in the offstreet parking regulations (Section ...) shall be permitted on any required screening. 9.100.060 Detached Accessory Structures. A. Permitted Accessory Structures. Detached accessory structures are permitted on nonresidential parcels containing a primary use subject to the following requirements: 1. Founddtion. Accessory structures shall be placed -on a permanent foundation. 23 c 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft. 6120] 2. Height and Placement. Except as specified in Subsection A.2. of this Section, detached accessory structures may be placed or constructed only where main buildings are permitted and shall not exceed 12 feet in height. 3. Setback Reductions. The perimeter setback from abutting commercial, office or industrial property for a detached accessory structure may be reduced to five feet if the structure is screened from both street and public parking area views, subject to the following requirements: a. Height. The height limit for buildings which are less than ten feet from the property line shall be ten feet. b. Screening. Screening materials shall be not less than sik feet high and shall be in compliance with Section .... pertaining to fences and walls. Screening may consist of one or more of the following: (1) Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick. (2) Solid fences. A solid fence shall be constructed of wood or other materials to form an opaque screen. (3) Planting.Plant materials, when used as a screen, shall consist of compact evergreen plants provided with a permanent automatic irrigation system. They shall be of a kind, or used in such a manner, as to provide screening having a minimum thickness of two feet within 18 months after initial planting. Plant materials shall be mamitained in a neat, clean and healthy condition at all times. B. Prohibited Locations. Detached accessory structures are prohibited in the following locations: 1. Where fences and walls are limited to a maximum height of 3'/z feet as specified in Section ... (Fences and Walls). 2. Within the front 50 feet or front half of any building site, whichever is less. 3. Within the panhandle portion of a panhandle building site. 9.100.070 Satellite Dish and Other Antennas. A. Permits Required. The following permit requirements apply to antennas in nonresidential districts: 1. All antennas require issuance of a building permit add G.loo, o�;o (g� 24 . ?1l 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 6120] 2. `screened a Tionzo_ritallme of" aind ground=moimt�d_'_ WEich d(i'notf exceed -ten f6et in heig�h meet the setback requirements for a main building, and W the requirements of Subsection B of this Section may be permitted as an accessory structure without a site development permit. All other antennas shall require approval of a site development permit. B. .Development Standards. Antennas within nonresidential districts may be ground -mounted or building -mounted provided the following requirements are met: 1. Any antenna which is the principal use on a lot shall comply with the district setback standards for main buildings. 2. A ground -mounted antenna which is an accessory use shall be located within the rear yard or may be located within a side yard if not within the required side yard setback. Ground -mounted antennas are prohibited from exterior (street) side yards unless not visible from the street. 3. Antennas, including roof -mounted antennas, shall not exceed the building height standards for the district in which they are located. 4. All antennas shall be screened from both horizontal and vertical line of sight. Decorative overhead structures such as trellises may be required if the antenna is visible from surrounding higher buildings or terrain. 5. Antennas shall be a single color that blends with the immediate surroundings. 9.100.080 Christmas Tree Sales. Temporary Christmas tree sales facilities are permitted subject to approval of a temporary use permit and the following requirements: 1. The facility shall not be established prior to the Monday following Thanksgiving in any calendar year. 2. Such a facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations. 3. The applicant shall secure an electrical permit. 4. The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the January 8 following the applicable Christmas holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. 25 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 6120 5. Each facility shall comply with fire prevention standards as approved and enforced by the Fire 1vlarshal. 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A -frame signs, are prohibited. 9.100.090 Halloween Pumpkin Sales. Temporary Halloween pumpkin sales facilities are permitted subject to approval of a temporary use permit and the following requirements: 1. The facility shall not be established prior to October 1 of any calendar year. 2. Such a facility shall not engage in the sale of any merchandise not directly associated with pumpkins and Halloween decorations. 3. The applicant shall secure an electrical permit. 4. The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the November 14 following the applicable Halloween holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. 5. Each facility shall comply with fire prevention standards as approved and enforced by the Fire Marshal. 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A -frame signs, are prohibited. 9.100.100 Produce and Flower Stands. Temporary fresh produce and flower stands are permitted subject to approval of a temporary use permit and the following requirements: 1. A fresh produce sales facility shall be open for business only during the season when locally grown produce and'flowers are harvested and available for sale. The temporary use permit for 26 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft. 61201 a fresh produce stand shall include permitted dates of operation, up to a maximum of90 days. 2. Such a facility may not sell items not directly associated with fresh produce ar flow 3. The applicant shall secure an electrical permit if electric power is to be provided. 4. The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility by the date indicated on the temporary use permit. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. 5. Each facility shall comply with fire prevention standards as approved and enforced by the Fire Marshal. 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A -frame signs, and light strings are prohibited. 9.100.110 Outdoor Vendors. A. Definition. Outdoor vendors include #lever surds; hotdog stands, ice cream carts, and similar retail uses which utilize a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size and design suitable for placement on a sidewalk or pedestrianway. B. Minor Use Permit. An outdoor vendor use may be established as an accessory use in any nonresidential district upon approval of a minor use permit pursuant to Section ... All such uses shall comply with the following standards: 1. An outdoor vending use may only be established as accessory to the principal use on the parcel. 2. The location of the outdoor vending use shall not interfere with access to adjacent buildings or with pedestrian circulation. No portion of the vending use shall be located in a parking lot, street, or other area intended for vehicular parking, access or circulation. 3. The outdoor vending site shall not exceed 150 square feet. The vending site includes all areas separated from pedestrian access and used for vending activities, including storage. 4. The outdoor vending use shall not be located on public sidewalk or within a public street right- of-way. 27 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 61201 5. The operator/owner shall obtain other necessary licenses and permits required for such activities by City ordinances. 9.100.120 Outdoor Storage and Display. A. Purpose. This Section provides regulations for the outdoor storage and display of merchandise, materials and equipment. B. Where Permitted. The storage and/or display of any merchandise, materials or equipment outside of an enclosed building is prohibited except where permitted in accordance with this Section, Section ... pertaining to Permitted Uses, or Section ... pertaining to sidewalk sales and special events, or where permitted by a conditional use permit. C. equipment, Lumber and Storage Yards. Any uncovered equipment and/or materials storage area, including vehicle storage, shall comply with the following regulations: 1. Use Permit. The establishment of any outdoor equipment or materials storage use shall require approval of a conditional use permit pursuant to Section ... 2. Location. An equipment, material or storage yard use shall only be located where a main building is permitted by the applicable district regulations. 3. Screening. Outdoor storage yards shall be screened whenever they abut the boundary of the building site or are located between a building and an abutting street. The screening materials shall be not less than five feet high and shall be in compliance with Section .... pertaining to fences and walls. Screening may consist of one or a combination of the following types: a. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six inches thick. b. Solid Fences. Solid fences may be used for screening if approved by the decision !T authority. Such fences shall be constructed 'of wood or other materials with a �? nominal thickness of two inches and shall form an opaque screen. All wood fend" lie conAmcfed'of not Tess than a grade of`construation liidart' or inerchantablbdah recTWood or #2 ' and better (no holes) western red cedar, stained -or painted-tp . . complement the adjacent 'wall or structure. Alternatively, ifleft in natural color, ORW. d shall be treated with a water -repellant material. c. Plant Screens. Plant materials, when used as a screen, shall consist of compact evergreen plants. Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within 18 months after initial installation. Pft� automatic irrigation shall be provided. If,18 months after installation, plant matr'. 28 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 61201 rioirrrieclian opaqueereeii orif�ari ode screeir is not mat'niaiiied; the C� �. - ..� I3evelbpmen Director mad, irequu a wall; :siil3 fe-h � or Fierms Ne installe—c1l D. Outdoor Display and Sales. Outdoor sales and display areas in conjunction with retail uses such as nursery and garden supply stores or departments within retail stores shall comply with the following standards: 1. Fencing.The outdoor sales and display area shall be enclosed by a wall or fence at least four feet high which obscures views from streets or public parking areas into the area. The color and materials used to fence the area shall be complementary to the color and materials used in buildings on -site. Chain link fencing is not permitted. 2. Building Design. When the outdoor sales area is an extension of retail uses within an adjacent building, it shall be enclosed by a wall which is, by exterior appearance, an extension of the adjacent building. The design of the building and outdoor area shall appear as a single structure. E. Vehicle Sales. The outdoor display and sales of vehicles shall be subject to the approval of a conditional use permit in accordance with Section .... The use permit shall establish standards for each such facility. (t.arv� , �Orov �da,� 'avid a vr��` 5uc-L�,a/- Gzbb Loath-, vv►u . L4 L2weA'.1 no Va.Li.&A- da,�p�+v?� ���) {o yrwvLd4c, rmo. coYl Eln G i f� . 9.100.130 Sidewalk Sales and Commercial Events. A. Purpose.This Section provides regulations for: (1) the temporary outdoor sale of merchandise by retail businesses, and (2) special outdoor commercial events within shopping centers. B. Definitions. For purposes of this Section, the following definitions shall apply: 1. A sidewalk or parking lot sale means the temporary outdoor display and sale by a retail business, of merchandise which is normally displayed indoors at the same location as the outdoor sale. 2. A special commercial event means the temporary outdoor display and sale of merchandise, arts and crafts shows, entertainment, or similar events within a commercial center. C. Temporary Use Permit Required. Sidewalk sales and special events in commercial centers are permitted subject to issuance of a temporary use permit and compliance with the following provisions: The application for a temporary use permit for a sidewalk sale or a special commercial event shall include a site plan indicating the location of the temporary uses and demonstrating maintenance of adequate parking, site circulation and emergency access. 29 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 61201 2. A sidewalk sale or a special commercial event may be conducted over a maximum of four consecutive days and no more than once within three calendar months at any location. Each such event shall require the approval of a temporary use permit. 3. Adequate pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway. 4. Adequate vehicle access shall be maintained around merchandise, displays, or temporary structures placed in parking areas. 5. A cash bond or other guarantee shall be posted for removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event. 6. The application shall be reviewed by the Fire Marshal and the event shall comply with fire prevention standards and emergency access requirements as approved and enforced by the Fire Marshal. 01.fiy vr, av'e, allowed.i', Se��ian t-:po ra ✓-y 9.100.140 Temporary Outdoor Events. Temporary outdoor events include, but are not limited to pageants, fairs, carnivals, large athletic, religious or entertainment events, and large neighborhood or community gatherings in temporary facilities. Such activities may be permitted in compliance with the following provisions: 1. A temporary use permit shall be approved by the Community Development Diredw for gatherings of 50 to 300 people. The temporary use permit shall be approved by the �& Commission as a business item for gatherings of 300 people or more. (Number of persons shall include spectators and participants.) 2. Applications for permits or certificates required by this Section shall be referred by the Community Development Director to other affected City departments or other public agencies for review and comment. 3. The following findings shall be made by the decision -making authority in conjunction with approval of a temporary use permit a. The event will not be detrimental to the health, safety and general welfare of the community in the area of the proposed event. b. There is adequate area to conduct the event and to accommodate the anticipated attendance. c. Sufficient parking will be provided for the anticipated attendance. �- a ii o) rzer .vl✓ 3 0 s vy� vJ �- a- 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft. 61201 d. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service have been provided. (Approval by the health officer may be required.) e. Fire protection plans and facilities have been provided to the satisfaction of the Fire Marshal. f. Security plans and facilities have been provided to the satisfaction of the Sheriff. g. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. 4. Activities conducted on property owned by or leased to the city and public road rights -of -way may require an encroachment permit issued by the Public Works Director. 5. The event shall not exceed ten consecutive days. Events recurring more than four times in a calendar year are not considered temporary and shall not be eligible for approval under this Section. 6. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site to its condition before the event within seven days of the event's conclusion shall be required. 7. Other applicable permits such as building, electrical, health and tent permits, shall be obtained by the applicant. 9.100.150 Outdoor Lighting. A. Purpose. This Section is intended to provide standards for outdoor lighting which allow adequate energy efficient lighting for public safety while minimizing adverse effects of lighting, such as lighting which: 1. Has a detrimental effect on astronomical observations; and/or 2. Inefficiently utilizes scarce electrical energy; and/or 3. Creates a public nuisance or safety hazard. B. Applicability. All outdoor artificial illuminating devices shall be installed and operated in conformance with the provisions of this Section, plus any Uniform Building Codes presently or subsequently administered or adopted by the City. Any language contained therein which may conflict with this Section shall be construed as consistent with this Section. 31 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft. 61201 'n 1arl� Iotilixu� ci�nforsirti"en nd fnd" D. Alternate Materials and Methods of Installation. The provisions of this Section are not intended to prevent the use of any material or method of installation not specifically prescribed by this Section provided any such alternate has been approved. The building official may approve any such alternate provided that findings can be made that the proposed design, material or method: 1. Provides approximate equivalence to those specific requirements of this Section; or 2. Is otherwise satisfactory and complies with the intent of this Section. E. Definitions. For the purposes of this Section, certain terms are defined as follows: 1. Individual means any private individual, tenant; lessee, owner, or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations. 2. Installed means the initial installation of outdoor light fixtures defined in this Section following the effective date of this Zoning Code. 3. Outdoor light fixtures means outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot, or flood lights for: a. Buildings and structures; b. Recreational areas; c. Parking lot lighting; d. Landscape lighting; e. Billboards and other signs (advertising or other); f. Street lighting; g. General area and yard lighting. F. General Requirements. 1. Shielding. All exterior illuminating devices, except those exempt from this Section and those regulated by Subsection G of this Section shall be fully or partially shielded as required in the table contained in this Subsection. a. "Fully shielded" means the fixture shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted, thus preventing the emission of light above the horizontal. 32 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 61201 b. "Partially shielded" means the fixture shall be shielded in such a manner that the bottom edge of the shield is below the plane center line of the light source (lamp), minimizing the emission of light rays above the horizontal. 2. Filtration. Those outdoor light fixtures requiring a filter per the table following shall be equipped with a filter consisting of a glass, acrylic or translucent enclosure. Quartz glass does not meet this requirement. 3. Requirements for Shielding and Filtering. The requirements for shielding and filtering light emissions from outdoor light fixtures shall be as set forth in the following table: TABLE 9-...: REQUIREMENTS FOR SHIELDING AND FILTERING OF OUTDOOR LIGHTING (see also footnotes following table) FIXTURE LAMP TYPE SHIELDING REQUIREMENT FILTERING REQUIREMENT' Low Pressure Sodium' Partially None High Pressure Sodium Fully None Metal Halide' Fully Yes Fluorescent Fully" Yes' Quartz' Fully None Incandescent, greater than 160 watts Fully None Incandescent, 160 watts or less None None Mercury Vapor Fully' Yes' Fossil Fuel None None Glass tubes filled with neon, argon, or krypton None None Other Sources As required by the Building Official 33 f t J' 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft. 61201 Footnotes: ' Most glass, acrylic, or translucent enclosures satisfy these filter requirements. Quartz glass does not meet this requirement. Z This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations. s Metal halide display lighting shall not be used for security lighting after eleven p.m. (or after closing hours if before eleven p.m.) unless fully shielded. Metal halide lamps shall be in enclosed luminaries. ° Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. S Warm white and natural lamps are preferred to minimize detrimental effects. 6 For the purposes of this Section, quartz lamps shall not be considered an incandescent light source. ' Recommended for existing mercury vapor fixtures. The installation of new mercury fixtures is prohibited. G. Prohibited Lighting. 1' 1. Searchlights. The operation of searchlights for advertising purposes is prohibited unless & te Allo cis a g �csat atwcrt��s�rg ev ca.j Gha��,Ur �. 2. Outdoor Building/Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing, or other purpose is prohibited except with incandescent fixtures less than 160 watts, fossil fuels, and/or glass tubes (see table in Subsection F of this Section) 3. *w Mercury Vapor Installations. The installation of mercury vapor fixtures is prohibited. All existing mercury vapor lights installed shall be fully shielded. H. Procedures for Compliance. 1. Applications. a. Any individual intending to install outdoor lighting fixtures (other than incandescent of 160 watts or less) shall submit an application to the Building and Safety Department providing evidence that the proposed work will comply with this Section. b. Any individual applying for a building permit, subdjvisieaet, intending to install outdoor lighting fixtures (other than incandescent of 160 watts or less) shall as a part of the application submit such evidence as may be requested that the proposed work will comply with this Section. c. Utility companies, lighting or improvement districts entering into a duly approved contract with the City in which they agree to comply with the provisions of this Section shall be exempt from applying for and obtaining a permit for the installation of outdoor light 34 t_a � 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 6120] fixtures, including residential security lighting. 2. Contents of Application. The application shall contain, but shall not necessarily be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in the City regulations for the required permit: a. Plans indicating the location on the premises and the type of illuminating devices, fixtures, lamps, height, supports, and other devices. b. Description of the illuminating devices, fixtures, lamps, supports, shielding, filtering and other devices. This description may include but is not limited to, wattage, lighting output, manufacturer's catalog cuts, and drawings (including sections where required). c. The above required plans and descriptions shall be sufficiently complete to enable the building official to readily determine whether compliance with the requirements of this Section will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab. 3. Issuance of a Permit. Upon the determination that the installation will be in compliance with the requirements of this Section, the Building Official shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application. 4. Appeals. Appeal procedures of the zoning regulations for decisions of the Building Official shall apply. 5. Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the Building Official for approval, with adequate information to assure compliance with this Section. I. k Exemptions. 1. Nonconforming Fixtures. All outdoor light fixtures existing and fully and legally installed, prior to the effective date of OMffiaudd-148,_(t4e,0#4 na oitdutance"adt ptmg;f$ lighting;.regui�ations) may remain in use as nonconforming structures indefinitely provided, however, that no change in use, replacement, structural alteration, and (after abandonment) no restorations of outdoor light fixtures off&1Y=,*btA i ire cemenfi shall be made unless it thereafter conforms to the provisions of these regulations. 2. Fossil Fuel Light. Light fixtures using fossil fuel (i.e. Light produced directly or indirectly by the combustion of natural gas or other utility type fossil fuels) are exempt from the 35 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 6120] requirements of this Section. 3. Federal, State and County Facilities. Those facilities and lands owned and operated or protected by the federal government or the state of California or the County of Riverside are exempted by law from all requirements of this Section. Voluntary compliance with the intent of this Section at those facilities is encouraged. 4. Recreational Facilities. The illumination of outdoor recreational facilities, public and private, is exempt from the requirements of this Section with the following limitations: a. The light fixtures for outdoor recreational facilities shall meet the shielding requirements in the table in Subsection F of this Section. b. No such outdoor recreational facility shall be illuminated by nonconforming means after 10 p.m. except to conclude a specific recreational or sporting event or any other activity conducted at a ballpark, outdoor amphitheater, arena, or similar facility in progress prior to 10 P.M. Special Exemption. The Director may grant a special exemption to the requirements of the table in Subsection F of this Section only upon a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that will otherwise suffice. J. Temporary Exemptions. 1. Request for Temporary Exemptions. Any individual may submit a written request on a form prepared by the Planning and Development Department to the Building Official for a temporary exemption to the requirements of this Section. Such exemptions shall be valid for thirty days. The request for temporary exemption shall contain, at a minimum, the following information: a. Specific exemptions and justification for exemptions requested; b. Type, use, and hours of operation of exterior light involved; c. Duration of time for requested exemption; d. Type of lamp and calculated lumens; e. Total wattage of lamp or lamps; f. Proposed location and heights of exterior light; g. Physical size of exterior lights and type of shielding and/or filtering provided; h. Previous temporary exemptions, if any. 2. Additional Information. In addition to the information required in Subsection J-1 of this Section, the Building Official may request any additional information which would enable the 0%1 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 61201 Building Official to make a reasonable evaluation of the request for temporary exemption. 3. Appeal for Temporary Exemption. The Building Official, within five days from the date of the properly completed request for temporary exemption, shall approve or reject in writing the request. If rejected, the individual making the request shall have the right to appeal to the Planning Commission for review pursuant to the procedures applicable to any other appeal of a decision of the Building Official. 4. ,Extension of Temporary Exemption. Any individual requesting a temporary exemption for a period greater than thirty days, or an extension beyond the original thirty day period for a temporary exemption shall apply foFspecified 40aa emit to the Planning Commission and City Council. The conditional use pplication shall to (in addition to other use permit requirements) the informatio in Subsections F.1. through F.3. of this Section. hc�,w -fro Minor 0� v 1.�- P , w K. Public Nuisance. Any light fixture installed after the effective date of this Zoning Code which violates the provisions of this Section constitutes a public nuisance and shall be abated. L. Premises Identification. Street numbers or addresses assigned by the City or the County shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. 2. All dwelling units shall have a wall mounted internally or externally illuminated address sign displayed in a prominent location. The illumination source for the address sign shall be controlled by a photocell sensor or a timer. As an option, the address sign may be attached to a single -residence mail box pedestal with the same illumination source as stated above. If this option is chosen, both sides of the mailbox shall have said address numbers displayed. 9.100.160 Caretaker Residences. Caretaker residences may be developed in any nonresidential district for the exclusive use of personnel employed for the maintenance and security of the principal use subject to the approval of a minor use permit pursuant to Section ... and the following standards: 1. The caretaker residence shall be located in a building which complies with all building setbacks established for the district in which it is located. 2. The residence shall be no more than 600 square feet in floor area. 3. The residence may be a portion of a building primarily devoted to nonresidential uses or may be a separate building. If it is a separate building, the location, design and materials of the 37 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 61201 residence shall be consistent and integral with the site plan and building design for the principal use. 4. Two off-street parking spaces shall be provided in addition to the parking required for the principal use(s). 9.100.170 Construction Trailers and Guard Offices. The temporary placement of a trailer or relocatable building or the temporary use of a permanent structure on an active construction site for use as a construction and/or watchman's quarters, and the establishment of a materials and equipment storage yard, shall be permitted subject to approval of a temporary use permit and the following requirements: 1. Placement. The office shall not be moved onto the site nor otherwise established until issuance of a precise grading permit or, if there is no grading permit, until issuance of the building permit. 2. Removal. Any trailer or temporary building shall be removed from the site prior to the issuance of certificates of occupancy for the last new building on the site. The site oMe_ eat ' building shall'then be restored to its origirnai lconditian,^�iaved or surfacedI this landscaped; or otherwised. improved__in accordance with the approved project temporary use permit. 3. Conversion. Any permanent structure or portion of a permanent structure devoted to temporary uses shall be converted to a permitted use prior to the issuance of certificates of occupancy for the final buildings to be constructed. 4. Use of Existing Building During Construction. The use of an existing lawfully established building may continue during construction or relocation of another building on the same building site upon approval of a temporary use permit and compliance with the following provisions: a. Prior to occupancy of a new building, the existing building shall be brought into conformity with any additional regulation rendered applicable by the placement of a new building on the site. Conformity shall be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof. b. The Director shall require the landowner to provide a guarantee, which may include a bond, to ensure full compliance with the zoning regulations upon completion of the new building or sooner if, in the Director's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued. 38 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 61207 5. Utilities. The office shall be supplied with an electric meter and sewer and water facilities. 9.100.180 Relocatable Buildings. A relocatable building or trailer may be permitted to serve as any use permitted in the applicable zoning district subject to the approval of a temporary use permit application and the following additional provisions: 1. The temporary use permit application shall include the following: a. A description of the proposed uses and operating characteristics for all uses on the site, both temporary and permanent. b. A plot plan showing the location of all uses and structures, both temporary and permanent. c. Supplementary exhibits, as required by the Director to adequately review the proposal, such as building elevations, landscaping, grading, access, and utility service. 2. A temporary use permit for a relocatable building or trailer may be conditionally approved and failure to comply with the required conditions shall be grounds for the revocation of the permit. 3. A cash bond to insure removAl-ofthe building and restordUdh—dff_he site for each relocatable building or trailer shall be posted with the Director to guarantee removal of each coach from the site upon expiration of the temporary use permit. 4. A temporary use permit for a relocatable building shall be approved for a maximum of two years from date of approval. 9.100.190 Recycling Collection Facilities. A. Drop-off Bins and Reverse Vending Machines. Drop-off bins and reverse vending machines for the collection of non -hazardous household materials (e.g., cans, bottles, paper, etc.) for recycling purposes may be established as an accessory use to an existing primary use in any nonresidential district. If located outside of a building, a minor use permit approved pursuant to Section ... shall be required for drop-off bins in the CR, CC, and CN districts. All such outdoor facilities shall comply with the following standards: Drop -Off Bins. Drop-off bins shall be established only in conjunction with an existing nonresidential use which is in compliance with zoning, building, and fire codes. a. The drop-off facility shall be no larger than 500 square feet, not including space that is periodically used to remove materials or replace containers. It shall comply with the 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 61201 building setbacks for the district and shall not occupy parking spaces required by the primary use. b. The facility shall be screened from view from public streets and primary parking areas. c. The facility shall not obstruct pedestrian, vehicular, and emergency access. d. The bins shall be constructed and maintained with durable waterproof and rustproof materials, covered and secured from unauthorized entry or removal of materials when the facility is closed, and shall be large enough to accommodate the materials collected and the collection schedule. Any deposit or storage of materials outside of the containers is prohibited. e. The facility shall be maintained free of odor, litter and other nuisances, on a daily basis. A trash receptacle shall be located adjacent to the drop-off facility for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the drop-off facility regularly. f. Facilities within 100 feet of a property zoned or occupied by residential uses shall operate only between the hours of 9:00 am and 7:00 pm. g. Containers shall be clearly marked to identify the type of materials which may be deposited. The facility shall be clearly identified with the name and telephone number of the operator and hours of operation, and shall display a notice that no material shall be left outside the recycling enclosure or containers. Total signage shall not exceed 16 square feet and shall not be illuminated. 2. Reverse Vending Machines. Reverse vending machines shall only be established in conjunction with an existing nonresidential use which is in compliance with the zoning, building, and fire codes. a. Machines shall be located adjacent to the main building on the site and within 30 feet of the entrance to the primary use and shall not obstruct pedestrian or vehicular circulation. b. Machines shall not occupy any parking spaces required by the primary use. c. Machines shall occupy no more than 50 square feet of floor or ground space per installation, including any protective enclosure, and shall be no more than eight feet in height. d. Machines shall be clearly signed to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call, if the machine is inoperative. Sign area shall be limited to four square feet per machine and r , 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 61201 shall be located on the machine. e. The installation shall be maintained free of litter and odor at all times. A trash receptacle shall be located adjacent to the machine(s) for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the recycling facility regularly. B. Recycling Collection Centers. Recycling collection centers may be permitted in the CP and MC districts with approval of a conditional use permit pursuant to Section ... Such facilities may accommodate non -hazardous recyclable materials collection and packaging for bulk transport only. Any activity involving hazardous materials or waste shall be subject to the provisions of Section ... (Hazardous Waste and Materials). No reprocessing or recycling of materials into new products shall be permitted. All such facilities shall comply with the following standards: 1. The collection center shall be screened from public view by operating within an enclosed building or within a screened outdoor yard on a site which complies with the landscaping and screening standards of Sections 9... and 9.... 2. The facility shall comply with the setback requirements of the applicable zoning district pursuant to Section .... 3. All exterior storage of materials shall be in sturdy containers and the facility shall be secured from unauthorized entry or removal of materials when the facility is closed. Any containers provided for after-hours drop-off shall comply with the standards for drop-off facilities set forth in Subsection A-1 of this Section. 4. The facility shall be maintained free of odor, litter and other nuisances at all times. 5. If the facility accommodates public drop-off of materials, separate access routes and parking/unloading areas shall be provided for public drop-off and for commercial truck traffic. 9.100.200 Trash and Recyclable Materials Storage. A. Purpose.This Section is intended to implement the provisions of state Public Resources Code Section 42900 et seq which requires local jurisdictions to provide regulations governing adequate areas for collection and loading of recyclable materials in multiple family residential and nonresidential development projects. This Section also addresses the related subject of common trash areas in such projects. B. Recycling Containers Required In addition to standard trash receptacles, recyclable materials receptacles of sufficient volume to meet the needs of the project shall be provided by the following developments: 41 Mi 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 6120] 1. Any new multiple family residential with five or more units and a common solid waste collection area; 2. Any new single family residential area with a common solid waste collection area serving five or more units; 3. Any new nonresidential project; and, 4. Any existing multiple family project of five or more units, or nonresidential project which expands by 30 percent or more in floor area. C. Recycling Plan Required. Each nonresidential development which is required to provide recycling containers under the provisions of this Section shall submit a recycling plan to be processed in conjunction with the site development permit pursuant to Section .... The recycling plan shall include a description of the anticipated materials and volumes to be recycled and a description of the facilities to be provided for collecting general refuse and recyclable materials. D. Trash Enclosure Required. Nonresidential developments and attached and multi -family residential projects with common trash areas shall locate trash and recyclable materials containers within an enclosed area. Enclosures for trash and recycling containers shall comply with the following standards: 1. Enclosure Placement. Separate enclosures shall be provided for trash and recyclable materials in nonresidential districts. The enclosures shall be: a. Located within 250 feet of all businesses served by the enclosure. b. Directly available to collection vehicles via alleys or driveways to avoid the necessity of substantial hand carrying of containers or hand pushing of dumpsters; and, c. Located substantially away from public viewscape, pedestrian and vehicle circulation areas unless determined infeasible by the decision -making authority. 2. Enclosure Design. Enclosures shall be constructed on a concrete pad slopedirain� gate, Enclosures shall be of an adequate size to accommodate the containers they enclose per disposal company ar City;standards. Access to the containers for collection shall also meet disposal company requirements. Enclosure walls shall be at least six feet high and shall be made of strong, durable materials consistent with the colors and finishes of nearby buildings. Doors shall be self -latching, metal or metal -framed, and of heavy duty construction sufficient to withstand hard usage. Interior concrete or metal curbs shall be included to prevent damage to the enclosures walls from collisions with large, heavy containers. Decorative overhead structures such as trellises shall be integrated into the design if the enclosure is visible from 42 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS (Draft: 6(20J ra higher terrain. Weather Protection. Each enclosure or individual container shall be designed and maintm so that deposited materials are contained during windy periods. Enclosures or contai designated for recyclable materials which could be damaged or be rendered unmarketabl rain or other environmental conditions shall provide adequate protection against conditions. F. Maintenance.Each enclosure shall be maintained to preserve its appearance and function to minimize litter, odor and other nuisances. Trash and recyclables shall be collected regularly. 9.100.210 Noise Control. A. .Purpose. The noise control standards for nonresidential land use districts set forth in this Section are established to prevent excessive sound levels which are detrimental to the public health, welfare and safety or which are contrary to the public interest. B. Noise Standards. Exterior noise standards are set forth below. Residential property, schools, hospitals, and churches are considered noise sensitive land uses, regardless of the land use district in which they are located. All other uses shall comply with the "Other Nonresidential" standard. All noise measurements shall be taken within the receiving property at locations determined by Director to be most appropriate to the individual situation. EXTERIOR NOISE STANDARDS Receiving Land Use Noise Level Time Period Noise Sensitive 55 dB(A) 7:00 a.m. - 10:00 p.m. 50 dB(A) 10:00 p.m. - 7:00 a.m. Other Nonresidential 65 dB(A) 7:00 a.m. -10:00 p.m. 60 dB(A) 10:00 p.m. - 7:00 a.m. If the noise consists entirely of impact noise, supple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this Section shall be reduced by five dB(A). C. Noise Limits. It shall be unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured on any adjacent reeei property, to exceed: 43 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 6120] 1. The noise standard for a cumulative period of more than 30 minutes in any hour; 2. The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour, 3. The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; 4. The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour-, or 5. The noise standard plus 20 dB(A) for any period of time. D. Ambient Noise Level. If the ambient or, ---- - oise level exceeds any of the preceding It noise categories, no increase above such ambient noise level shall be permitted. Sededii! 2 j 31 9.100.220 Operational Standards. All uses and developed properties within any nonresidential district shall comply with the following standards for development, operation and maintenance. 1. Equipment All ground mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties. 2. Utilifies.All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. 3. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses ME 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 6)201 ;without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot.` 4. Fire and Explosive Hazard. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and fire fighting devices to the specifications ofthe r` Uniform Fire Code. All incineration is prohibited. Smoke detectors shall be installed in all new construction as required by City Code. Y 5. Radioactivity.In all nonresidential districts, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical X-ray diagnostic equipment. 6. Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located. 7. Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. Buildings should be designed to minimize energy consumption. g. Toxic Materials. No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials. 9. Liquid or Solid Waste. No discharge of liquid or solid wastes, at any point into public sewer, private sewage system, stream, storm drain or into the ground shall be permitted, except in accordance with the standards approved by the state Department of Health and/or specified by the sewage utility provider. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces, such as wind or rain. Any wastes which could be attractive to rodents or insects shall be stored outdoors only in closed containers. 9.100.230 Hazardous Waste and Materials. A. Purpose. This Section provides regulations to satisfy the requirements of state Health and Safety Code Section 25100 et seq and state Administrative Code Title 22 regarding the handling and disposal of hazardous waste and materials. B. Hazardous Materials. In addition to the requirements for each zoning district, the following requirements apply to the land uses listed in Subsection C of this Section: 1. Hazardous Waste Management. Prior to issuance of a certificate of occupancy for any land use listed in Paragraph C following, the applicant shall provide plans identify measures to comply with applicable regulations in a manner approved by - 45 ---------------- 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft. 61201 2. Underground Storage Tanks. Prior to issuance of a certificate of occupancy for any land use which includes underground tanks to store any hazardous materials, the applicant shall provide plans or identify measures to comply with state Health and Safety Code Section 25280 et seq and state Administrative Code Title 23 in a manner approved by the health care agency. C. Applicability. The requirements of Subsection lB of this Section pertaining to hazardous materials shall apply to the following land uses: }_ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Automotive and vehicle maintenance, repair or painting. Chemical and commercial cleaning product distribution or sales. Cleaners, self-service laundries and vehicle washes. Home improvement product, lumber and hardware sales. Manufacturing. Medical facilities. Metal plating. Mining and extraction. Nurseries. Oil and gas exploration and extraction. Paint and finishing product sales. Photo processing. Recreation facilities such as golf courses, yacht clubs and amusement parks. Recycling or resource recovery with potential for contact with hazardous materials. Research, laboratory and testing facilities. Service stations. 'transportation service facilities. Utilities. Waste disposal and treatment operations. 'Wrecking and salvage facilities. Other generation of hazardous waste, including materials to be disposed of by sanitary sewer. D. Offsite Hazardous Waste Facilities. 1. Definition.For the purposes of this Section, the term offsite hazardous waste facility means any structures, other appurtenances, or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, including but not limited to: a. Incineration facilities (i.e. rotary kiln, fluid bed, etc.); b. Residual repository (i.e. receiving only residuals from hazardous waste treatment facilities); c. Stabilization/solidification facilities; d. Chemical oxidation facilities; e. Neutralization/precipitation facilities; or .46 9.100: SUPPLEMENTAL NONRESIDENTUL REGULATIONS [Draft: 6120] f. Transfer/storage facilities. 2. Where Permitted Offsite hazardous waste facilities may be established in the CP district if a conditional use permit is approved in accordance with Section .... Such facilities shall be subject to the requirements of Subsection B of this Section. In addition, all such facilities shall comply with the siting standards and approval procedures established by the Riverside County Hazardous Waste Management Plan and shall be subject to the provisions of Section 25135 et seq of the state Health and Safety Code. E. Authority to Suspend Operations Approval of any hazardous waste treatment, storage, disposal or transfer facility as a use consistent with the purpose and intent of any zoning district shall be subject to the requirement that continuing authority be vested in the fire department or health care agency to suspend operations for public safety reasons. 9.100.240 Service Station Standards. A. Use Permit Required Gas and service stations may be permitted in the CR, CP, and CC districts subject to approval of a conditional use permit and the use and design standards of this Section. All uses to be placed on the service station site (e.g., mini -market, sale of alcoholic beverages, etc.) must be specifically included in the conditional use permit approval. B. Signs. Service station signage shall be in accordance with Section .... C. Hazardous Materials. All service stations shall comply with the requirements of Section ... pertaining to hazardous materials, underground storage tanks, �da� 9T-- , � eau D. Standards for Service Stations without Repair Facilities. 1. Permitted Uses. Permitted uses include: sale of petroleum products, including fuel and oil, related automotive accessories, and similar retail uses; and, automobile services such as washing and detailing. The following uses are specifically prohibited: sale of tires and batteries and similar products for which necessary facilities for installation and disposal of used materials are not present; automobile or equipment repair, storage, or renting. All retail uses except petroleum dispensing shall occur within a building and all service uses shall occur in a specific location designated in the approved conditional use permit. 2. Storage and Display. All merchandise shall be stored and displayed within the service station building. 3. Screening. An opaque screen at least six feet in height shall be installed along all site boundaries which abut residentially zoned properties. Screening along all street boundaries shall be a minimum of 36 inches high, including any site elevation difference. Screening shall consists of 47 1 9.100: SUPPLEMENTAL NONRESIDENTUL REGULATIONS [Draft: 61201 1 a wall, including retaining walls, an earthen berm with landscaping or any combination thereof. All screening shall comply with the height standards in Section ... pertaining to walls and fences. E. -Standards for Service Stations with Repair Facilities. 1. Additional Uses Permitted. Permitted uses include those for service stations without repair facilities plus minor vehicle service and repair (e.g., tuneup, lubrication, battery and tire sales and service). The following uses are specifically prohibited: 1111111 transmission repair, autobody repair or painting, automobile or equipment storage or renting. All retail and repair uses except petroleum dispensing shall occur within a building and all non - repair service uses shall occur in a specific location designated in the approved conditional use permit. 2. Storage and Display. All merchandise shall be stored and displayed within the service station building. 3. Reverse Mode Required All service stations which include service bays shall be designed in the "reverse" or "backup" mode, i.e. service bay openings oriented away from streets. 4. Screening. Screening requirements shall be the same as for service stations without service bays. F. Removal of Abandoned Stations. Any service station which is closed for more than twelve consecutive months shall be deemed abandoned and shall be removed from the site at the expense of the property owner including the removal of buildings and structures and all underground storage tanks and any necessary site remediation due to tank leakage or other aspects of the service station use. 9.100.250 Child Day Care Centers. Child day care centers or preschools in nonresidential districts shall conform to the following requirements regardless of the number of children served by the facility: (1) A conditional use permit shall be required to establish a child day care center in accordance with Sections ... and .... In addition, all facilities shall comply with this Section and with any additional requirements imposed as part of the conditional use permit or by any other applicable permit. (2) All facilities shall be operated in accordance with state and local health, safety, and other regulations. (4) Outdoor activities shall be limited to the hours between 8:30 a.m. and 7:00 p.m. (5) All facilities shall provide an onsite pickup/dropoff area. In addition, there shall be an onsite 48 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS (Draft; 61201 vehicle turnaround or alternatively, separate vehicle entrance and exit points. (6) All signs, parking, and outdoor lighting shall comply with the applicable regulations set forth in Sections ..., ... and..., respectively. (7) All facilities shall comply with the development standards of the district in which they are located, as set forth in Section ... 9.100.260 Senior Group Housing. Senior citizen group housing projects in nonresidential districts shall conform to the following requirements: (1) Residential occupancy shall be limited to single persons 55 years of age or over or couples with at least one partner 55 years of age or over. (2) The project may provide, for the exclusive use of the residents, central cooking facilities, common dining room(s), central laundry facilities, a beauty shop, a barber shop, and a pharmacy not exceeding 1000 square feet in floor area. (3) All facilities shall be operated in accordance with state and local health, safety, and other regulations. (4) All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety equipment as specified by the Fire Chief and/or state regulations. (5) All signs, parking, and outdoor lighting shall comply with the applicable regulations set forth in Sections ....... and..., respectively. (6) All projects shall comply with the development standards of the district in which they are located as set forth in Section ... 9.100.270 Single Room Occupancy (SRO) Hotels. Single room occupancy hotels (SRO's) shall conform to the following requirements: (1) Occupancy shall be limited to maximum two persons per unit. Minimum unit sizes (not including toilet compartment) shall be: • one person: 150 square feet. • two persons 175 square feet. (2) Each SRO unit shall be provided with the following minimum amenities: 49 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 61201 J a. Kitchen sink with garbage disposal. b. A toilet and sink located in a separate room within the unit that is a minimum 20 square feet. c. One closet per person. d. Telephone and cable TV hookups. (3) If full bathrooms are not provided in each unit, shared showers shall be provided on each floor at a ratio of one per seven occupants or fraction thereof on the same floor, with doors lockable from the inside. (4) If full kitchens are not provided in each unit, shared kitchen facilities shall be provided on each floor consisting of a range, sink with garbage disposal, and refrigerator. (5) If laundry facilities are not provided in each unit, common laundry facilities shall be provided, with one washer and one dryer for every 25 units for the first 100 units and one washer and one dryer for every 50 units over 100. (6) Elevators shall be required for SRO's of two or more stories. (7) A manual fire alarm system and a fully automatic fire suppression system, including a central monitoring system, alarm and fire annunciator, shall be designed and installed to the satisfaction of the Fire Chief. 9.100.280 Bus Stop Benches and Shelters. The erection, placement, construction and maintenance of bus benches and bus shelters are regulated by Section ... et seq of the La Quinta Municipal Code. MMtj ENCE aA, o ja t6s URBAN PLANNING AND DESIGN 50 PH #1 STAFF REPORT PLANNING COMMISSION MEETING DATE: SEPTEMBER 26, 1995 CASE NO.: PLOT PLAN 92-490 (REVISED) AND SPECIFIC PLAN 92- 022; EXTENSION OF TIME #2 - JEFFERSON SQUARE APPLICANT: MICHAEL HURST, ARCHITECT PROPERTY OWNER: COUNTRY FUND FINANCIAL SERVICES REPRESENTATIVE: MICHAEL J. CONWAY, VICE PRESIDENT (COUNTRY FUND FINANCIAL SERVICES, INC.) REQUEST: APPROVAL OF A TIME EXTENSION FOR A PREVIOUSLY APPROVED COMMERCIAL SHOPPING CENTER CONSISTING OF APPROXIMATELY 251,550 SQUARE FEET ON APPROXIMATELY 21.3 DEVELOPABLE ACRES. LOCATION: NORTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET ENVIRONMENTAL CONSIDERATION: A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT WAS APPROVED IN CONJUNCTION WITH THIS APPLICATION DURING THE ORIGINAL APPROVAL IN 1993. NO CHANGES ARE PROPOSED THAT WOULD INCREASE IMPACTS. THEREFORE, NO ADDITIONAL ENVIRONMENTAL REVIEW IS DEEMED NECESSARY. The project site is approximately 23 acres with 1.7 acres, of the total, in the existing flood control channel. The channel to the north of this site is not lined at this time. The property is presently vacant and void of any significant vegetation. The parcel has approximately 1,450 feet of frontage on Highway 111 and approximately 860 feet on Jefferson Street (Attachment 1). pcgt.122 1 This project was originally approved in February, 1993. The approved project consists approximately of a 251,550 square foot shopping center with eleven buildings. The development concept is to market the project as an "off -price" retail center similar to the Cabazon "Desert Hills Factory Outlet" center. The "L" shaped shopping center has future pad sites proposed along Highway 111 and Jefferson Street. The site plan shows numerous driveways which will provide two-way traffic access. The buildings in the center are primarily single story with two story portions. The architectural design is contemporary with a Mediterranean influence, various design elements including stained-glass accent windows, stucco walls, the roofs and pedestrian arcade (Attachment 2, Sheets 1 of 10). The applicant and the owner's representatives have requested a second one-year extension for this plot plan and specific plan (Attachments 3 and 4). Review of the application was postponed at the request of the applicant. The time extension request should have been reviewed a few months ago but the applicant asked that their hearing be delayed while the owner and his partners, pursued other investment avenues. The applicant has indicated that this request is needed in order to keep the project entitlements alive during the sluggish economy. The Public Works Department requested that several conditions for the project be updated. Their memorandum is attached (Attachment 5) with the changes incorporated into the draft conditions. Staff has also made other minor wording changes to some of the conditions. The changes can be found by looking for the asterisk adjoining the condition number. The Community Development Department feels that this request is acceptable. Staff notes for review and approval by the Planning Commission that a number of conditions do require studies and/or other items to be completed prior to the issuance pcgt.122 2 . rrr� of a building permit. Condition #2 requires the applicant to be under construction within the next four (4) months or the project approval will expire. Adopt Resolution 95 recommending approval of a one-year time extension to February 2, 1996, to the City Council, subject to the amended conditions, as attached. Attachments: 1. Location Map 2. Site Plan/Various Elevation Sketches 3. Letter from Michael Hurst 4. Letter from Michael J. Conway 5. Public Works Department Memorandum 6. Various Agency Comments pcgt.122 3 RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECERTIFYING THE PREVIOUSLY APPROVED ENVIRONMENTAL ASSESSMENT 92-241 AND RECOMMENDED APPROVAL OF SPECIFIC PLAN 92- 022 AND PLOT PLAN 92-490 (REVISED) SECOND ONE-YEAR TIME EXTENSION. CASE NOS.: SPECIFIC PLAN 92-022 AND PLOT PLAN 92-490 (REVISED) 2ND TIME EXTENSION JEFFERSON SQUARE WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24th day of November, 1992, and January 26, 1993, hold duly -noticed Public Hearings to consider the request of E.F.P. Corp. to develop a commercial shopping center on 21.3 acres at the northwest corner of Highway 111 and Jefferson Street. WHEREAS, the City Council of the City of La Quinta, California, did, on the 15th day of December, 1992, and February 2, 1993, did hold duly -noticed Public Hearings to consider the request of E.F.P. Corp. and recommendation of the Planning Commission to develop a + 251,550 square foot commercial shopping on 21.3 acres at the northwest corner of Highway 111 and Jefferson Street, more particularly described as: A PORTION OF THE NORTH HALF OF SECTION 29, T5S, R7E, SBBM (APN: 649-020-007 & 010) WHEREAS, the applicant was granted a one year extension of time in 1994. WHEREAS, prior to the expiration of this case on February 2, 1995, the applicant's representative filed a written request to extend the approval for another one year period. WHEREAS, on September 5, 1995, the project was readvertised in the Desert Sun, and notices were sent to property owners within 300-feet of the site notifying them of the extension request. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 26th day of September, 1995, hold a duly -noticed Public Hearing to consider the request to extend the 1993 approval for another one year period. r a-\ /! RESOCC-110 '• \1 WHEREAS, a Negative Declaration of Environmental Impact was approved in conjunction with this application during the original project approval in 1993. No changes are proposed that would increase those impacts identified earlier. Therefore, no additional Environmental Review is deemed necessary. WHEREAS, mitigation of various physical impact have been identified and incorporated into the approval conditions for Specific Plan 92-022 & Plot Plan 92-490 (Revised) 2nd Time Extension, thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; and, WHEREAS, at said Public Hearing, 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 and reasons to justify the recommending of approval of said time extension: 1. The adopted Specific Plan and Plot Plan are consistent with the goals and policies of the La Quinta General Plan. 2. The adopted Specific Plan and Plot Plan are compatible with the existing and anticipated area development. 3. The project will be provided with adequate utilities and public services to ensure public health and safety. 4. That the project will not impact the abutting streets as they will be fully improved along the frontage of the site as required by the adopted General Plan (Circulation Element). 5. That the conditions imposed are deemed necessary to protect the health, safety, and welfare of the community. 6. The use(s) is consistent with the provisions of the La Quinta Municipal Code. 7. That the project is consistent with State Law Section 65450 (et. al.). 1. To create a shopping area to serve the City of La Quinta and adjoining cities. 2. To create a unique urban design environment that is appealing to the citizens of La Quinta. 3. To create a harmonious relationship with the adjacent residential neighborhoods (north and east) by buffering the project with streets, setbacks, landscaping, walls, and other architectural features. 4. To create a pedestrian -oriented environment. {, RESOCC.110 5. To provide a balanced transportation system to conserve and reduce air pollution. 6. To provide an adequate supply of on -site parking and landscaping. 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 reconfirm the conclusion of Environmental Assessment No. 92-241, indicating that the proposed Specific Plan and Plot Plan will not result in any significant environmental impacts as mitigated by the recommended Conditions of Approval; and, 3. That the Planning Commission does hereby recommend approval to the City Council of above -described Specific Plan and Plot Plan time extension request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 26th day of September, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOCC.110 PLANNING COMMISSION RESOLUTION 95-_ CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 92-022 & PLOT PLAN 92-490 (REVISED); TIME EXTENSION #2 SEPTEMBER 26, 1995 * Modified by Planning Commission on September 26, 1995 1. Specific Plan 92-022 and Plot Plan 92-490 (Revised) shall comply with the requirements and standards of the City of La Quinta Municipal Code, unless otherwise modified by the following conditions. 2. * This approval shall expire and become void on February 2, 1996, 3. Phasing plans, including phasing of public improvements, shall be submitted for review and approval by the City Engineer and the Community Development Department prior to building permit issuance. 4. 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: - City Fire Marshal - Public Works Department - Community Development Department - Riverside Co. Environmental Health Department - Desert Sands Unified School District (DSUSD) - Coachella Valley Water District - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) - Caltrans District II Applicant is responsible for any requirements of the permits or clearances from each agency. 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 said permits or clearances from the above mentioned agencies shall be presented to the Building Department at the time of the application for a building permit for the use contemplated herewith. CONAPRVL.071 1 .. s Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 5. 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. 6. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. 7. * 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 Building and Safety Department with written clearance from the DSUSD stating that their impact fees have been paid. 8. * Applicant shall pay all fees and deposits required by the City for processing of plans and construction inspection. The fee and deposit amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. 9. * Prior to issuance of a grading permit, the applicant shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat Conservation Program, as adopted by the City, in the amount of $600 per acre of disturbed land. 10. Applicant shall construct, or enter into an agreement to construct, the on- and off -site grading, streets, utilities, landscaping, on -site common area improvements, and any other improvements required by these conditions before approval of the final map. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. If improvements are phased, off -site improvements and property -wide improvements such as perimeter walls and landscaping, common drainage basins or mains, and perimeter landscaping shall be constructed or secured prior to issuance of a building permit. 11. The applicant shall develop phases in the order of the approved phasing plan so that improvements required of each phase are complete prior to issuance of Certificates of Occupancy within any subsequent phases. The City Engineer may consider proposals by the applicant to stage the installation of off -site and property -wide improvements normally CONAPRVL.071 r�� conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 secured with the first phase (i.e., off -site improvements, perimeter walls and perimeter landscaping) with the orderly development of all phases within the plot plan. 12. Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans if any, and as required by Caltrans and the City Engineer. Right of way geometry for cul-de-sacs, knuckle turns and corner cut -backs for State Route 111 improvements shall conform with Caltrans requirements or as approved by the City Engineer. Right of way geometry for cul-de-sacs, knuckle turns and corner cut -backs for all other improvements shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. Dedications shall include: A. Jefferson Street - 60-foot half width, plus additional to accommodate any right turn refuges and dual left turn lanes and an exclusive right turn lane at SR 111, plus additional as required by the intersection alignment study required herein. B. State Route 111 - 86-foot half width, exclusive bus turnout, additional width as necessary to accommodate exclusive left and right turn lanes and alignment changes resulting from the intersection alignment study required below. C. Right-of-way or easements as required to provide access for emergency service equipment. D. Mutual access easement to adjacent property to the west over the most westerly access drive. E. Parcels and easements as required by CVWD. 13. Applicant shall create, and offer to dedicate, common area setback lots, of minimum width as noted, adjacent to the following street rights of way: A. Highway 111 - 50 feet wide; and B. Jefferson Street - 20 feet wide. 14. Applicant shall dedicate blanket easements over the setback lots for the purpose of sidewalks and/or bikepaths. CONAPRVL.071 3 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 15. The applicant shall vacate vehicle access rights to abutting public streets. Access to those streets shall be restricted to street intersections and approved emergency access locations. 16. Applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, common areas, and centralized mail delivery units. 17. * Development of the project site shall comply with Specific Plan 92-022 and Plot Plan 92- 490 (Revised) and the following conditions, which conditions shall take precedence in the event of any conflict with the plans and exhibits. 18. * A noise study shall be prepared by a qualified acoustical engineer, to be submitted to the Community Development Department for review and approval prior to issuance of a building permit. The study shall consider use of building setbacks, engineering design, building orientation, noise barriers (berming, walls, and landscaping, etc.), and other techniques to mitigate noise created by the project or to mitigate roadway noise. 19. A six -foot -high masonry wall or chain link fence (living fence) shall be provided along the north side of the project. The exact location, design, and materials shall be subject to review and approval by the Community Development Department in conjunction with the noise study and approved by the Planning Commission. Landscaping shall be provided on both sides of the future wall or fence. 20. The requirements of the City's Off -Street Parking Ordinance shall be met for each development phase of the project. 21. This approval does not authorize the construction of the pad sites. These buildings' specific locations, design, height, and size shall be subject to separate plot plan review and approval by the Planning Commission. 22. * All lighting facilities shall comply with Chapter 9.210 (Outdoor Light Control) and be designed to minimize light and glare impacts to surrounding property. All lighting to be installed shall be subject to review and approval by the Community Development Department. Applicant shall submit plans for street lighting along roads, if any, for review and approval to the Public Works Department. CONAPRVL.071 4 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 BUILDING AND SITE DESIGN 23. The development shall be governed by the following: A. All ground -mounted mechanical equipment shall be screened from view by methods approved by the Community Development Department. B. No two-story buildings shall be allowed within 150-feet of Jefferson Street or Highway 111. C. All roofing material within the project shall be clay or concrete barrel tile. The color of the roof tiles shall consist of desert hues and be approved by the Staff. D. A building addressing plan shall be submitted to the Building and Safety and Fire Departments for review during plan check. The minimum building address size lettering shall be eight inches. E. Screening of the parking lot surface shall be provided from all adjacent streets through use of berming, landscaping and/or short decorative walls. The minimum vertical height shall be 42 inches. F. Handicap access, facilities and parking shall be provided per Federal, State, and local requirements. G. No overhead or similar door shall open to the north or towards any residentially zoned property unless adequate screened from noise and visibility to the satisfaction of the Community Development Director. H. Variety in setbacks and siting shall occur in development of the future pad sites, but in no case shall the building setback line be less than 50 feet excluding architectural projections. I. * No outside shopping carts or other storage shall be permitted unless completely screened in a City approved area. J. Parking lot striping plan including directional arrows, stop signs, no parking areas, parking spaces shall be approved by Community Development and Engineering Departments prior to issuance of building permits. CONAPRVL.071 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 K. * Plot plan or conditional use permit applications, as deemed necessary by C-P-S Zone requirements, shall be processed for each pad site. The architectural features of the pad sites shall be consistent with the design theme of the project. L. The Planning Commission shall conduct annual reviews of this specific plan until the project is completed. 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 compliance with the requirements of the specific plan. Upon conclusion of the annual review, the Commission may extend the approval period for 12 months at a time. M. The final landscape plan shall utilize trees and palms along Highway 111 and Jefferson Street and the entry drives into the project. Palms should not be used as shade trees for the parking lot areas unless they are massed because the applicant will not be able to meet the City's landscape shading requirements which call for 50% of the parking shall be shaded. Canopy shade trees may be used in the parking lot. N. * Accent tree uplighting shall be used along both major streets and at each entry drive. C. A► master sign program shall be reviewed and approved by the Planning Commission prior to any on -site building construction. The program should include uniform materials and colors for each tenant space. P. A trellised or tiled roofed pedestrian arcade shall be built along the front of the shopping center to shield the customers and store owners from the intense summer sun. The location and design of the arcade shall be approved by Staff during plan check. The maroon canvas awnings may be used under the trellis or roofed arcade as an accent treatment to the overall design of the shopping complex. The awning color shall be a softer color. Q. The neon tubing which is mounted to the top of the building complex should be used sparingly throughout the shopping center because the neon will distract from the architectural elements of the center plus it could be a distraction to Highway 111 traffic. CONAPRvL.071 6 r f � Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 The neon tubing may be used on buildings C, F, and G on the sides of the building which face the shopping complexes primary parking lot (south side). The neon tubing shall be mounted in a recessed stucco channel and the location and/or color shall be approved by the Staff prior to construction plan check. The neon tubing should create a "soft" light accent on the building but should not create glare. R. A special landscape design shall be submitted for the intersection of Highway 111 and Jefferson Street because it is a "gateway" intersection. The applicant should prepare a formal landscape plan which uses citrus trees, decorative hard scape, desert landscape, up lighting, and public art as a focal point for this primary intersection. The landscape area should be approximately 50 feet by 100 feet (5,000 square feet). The plan shall be approved by the Arts in Public Places Committee. S. All roof mounted mechanical equipment shall be screened by the building wall parapet (e.g., 32-inch parapet). T. * The minimum dimension for a parking lot planter shall be six feet wide. U. The final concept building plans shall be reviewed by the Staff during plan check. V. * A trellised pedestrian cover between Buildings A & B is not necessary unless the applicant desires the facility for his or her patrons. If desired, the height of the structure shall be approved by the City Fire Marshal during plan check. The design and its location shall be approved by the Community Development Director. W. The building parapet heights throughout the project shall be continual around each respective building mass to assure architectural continuity for the project. X. The design features of the south elevation should be reflective in the north elevations, where appropriate. Y. The property owner shall dedicate to the City an easement (in perpetuity) at the southeast corner of the site in conjunction with Condition 23.R. for the installation of a City entry sign. The sign shall be built by the City and maintained by the City at no cost to the property owner. The size and location of the easement shall be determined by the City. The easement shall be offered to the City within three months after formal review of time extension by the Planning Commission and City Council. The City shall prepare the legal paperwork necessary to complete this requirement. CONAPRVL.071 7 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 24. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust (PM10) Control Plan prepared in accordance with Chapter 6.16 of the U 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 this permit. These shall include but not be limited to: A. The use of irrigation during all construction activities; B. Planting of cover crop or vegetation upon previously 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 requirements of the Director of Public Works and Community Development. All construction and graded areas shall be watered at least twice daily while being used to prevent the emission of dust and blowsand. 25. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and blowsand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development and Public Works Departments. 26. Applicant shall comply with provisions of the Master Plan of Drainage, including payment of fees required therewith, and the City's Flood Protection Ordinance. 27. * Prior to issuance of a grading or building permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of Environmental Assessment 92- 241. Prior to final building inspection approval, the Applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with all remaining Conditions of Approval and mitigating measures of Environmental Assessment 92-241, Specific Plan 92-022 and Plot Plan 92-490 (Revised). The Community Development Director may require inspections or other monitoring to assure such compliance. 28. A grading plan shall be prepared by a registered civil engineer. The plan must meet the approval of the City Engineer prior to issuance of a building permit. The grading plan CaNAPRVL.071 8 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 shall conform with the recommendations of the soils report. The soils engineer and/or the engineering geologist shall certify to the adequacy of the grading plan. 29. The project shall be graded to permit storm flow in excess of retention capacity to flow into the Whitewater River Channel. Pipes shall be sized to prevent ponding in parking areas from exceeding six inches during a one hundred year storm event. The project shall be graded to receive storm flow from adjoining property at locations that have historically received flow. 30.* The tributary diainage wea fox which the appliemit is responsibie shafi extend to %J1 CUly public street contignotts to the site. Storm water 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. Any proposal to direct drainage to the Whitewater Storm Channel shall be approved by the Coachella Valley Water District prior to its consideration by the City Engineer. 31. In design of retention facilities, the percolation rate shall be considered to be zero unless Applicant provides site -specific data that indicates otherwise. A trickling sand filter and leach field shall be installed to percolate nuisance water in conformance with requirements of the City Engineer. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 32. The design of the project shall not cause any change in flood boundaries, levels or frequencies in any area outside the project. 33. Applicant shall construct storm water facilities along the north side of Highway 111 as required by the City Engineer. 34. All existing and proposed utilities adjacent to or on the proposed site or shall be installed in underground facilities. Electric power lines over 12,500 volts are not subject to this requirement. 35. Underground utilities in areas where hard scape surface improvements are planned shall be installed prior to construction of the surface improvements. Applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. 36. * The applicant shall comply with the requirements of the Coachella Valley Water District including dedication of parcels, lining of the Whitewater River Channel and other CONAPRVL.071 9'' Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 requirements of their letters of October 2, 1992 and April 21, 1995, on file in the Community Development Department 37. The City is contemplating adoption of a Major Thoroughfare Improvements Ordinance. The Ordinance is intended to distribute the 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 at least 60 days prior to the issuance of a building permit, this project shall be subject to the provisions of the ordinance. If the Ordinance is not adopted the Applicant shall construct street improvements within and contiguous to the project as listed below. 38. Improvement plans for all on- and off -site streets shall be prepared by a registered civil engineer. Improvements to State Route 111 shall be designed and constructed in accordance with the requirements of Caltrans and the City Engineer. Other improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard Drawings and as approved by the City Engineer. The applicant shall perform an alignment study of S.R. Ill and Jefferson Street to determine the design of the Jefferson/S.R. 111 intersection. The study shall extend 500- feet in all directions beyond the boundaries of the applicant's site. If total required improvements to S.R. 111 exceed $300,000, the applicant shall perform a Project Study Report if, and as, required by Caltrans. Pavement design shall consider soil strength, anticipated traffic loading and design life. The minimum pavement section shall be 3" AC/4" Class 2 base for on -site work and 41/2"/6" for arterial and collector streets. CONAPRVL.071 10 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 The applicant shall perform a detailed traffic study as required in the Caltrans letter dated October 15, 1992, on file in the Community Development Department. If the study indicates that a signal will be warranted at the Jefferson Street access at Vista Grande, the applicant shall be responsible for design and construction of the signal. 40. The following street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1. Jefferson Street - Three travel lanes on west side (39' curb to curb) plus required turn lanes. Install 8-foot sidewalk. 2. S.R. 111 - Install three travel lanes and shoulder on north side (estimated 46' curb to curb), median island, required turn lanes, exclusive bus turnout with pedestrian walkway to site, and 8-foot meandering sidewalk. B. ON -SITE STREETS 1. As required by the City Engineer. Shall include at least one 24' access road each to Jefferson Street and S.R. 111. C. TRAFFIC SIGNALS 1. S.R. 111 at West Entry Drive - Full traffic signal. If the signal is warranted when this development occurs (as determined by the City Engineer), the applicant shall design and construct the signal at the applicant's expense. If the signal is deferred until warranted at a later date, the applicant shall pay cash or provide security in guarantee of cash payment for 25 % of the cost to design and construct the signal. 2. S.R. 111 at Jefferson - Traffic signal modifications as determined by the alignment study and as approved by the City Engineer. If the modifications are warranted when this development occurs (as determined by the City Engineer), the applicant shall design and construct the modifications at the applicant's expense. If the modifications are deferred until warranted at a later date, the applicant shall pay cash or provide security in guarantee of cash payment for 25 % of the cost to design and construct the modifications. CONAPRVL.071 11 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 41. Access points and turning movements of traffic shall be restricted as follows: A. S.R. 111 - Unrestricted at most westerly access drive. Right-in/right-out at drive approximately midway between the west property line and Jefferson Street. B. Jefferson Street - Unrestricted at intersection with Vista Grande. Right -in only at drive between this intersection and S.R. 111. C. Applicant shall provide signage and traffic control devices along entry drives as required by the City Engineer. 42. The applicant shall provide landscape improvements in the setback lots along Jefferson Street and State Route 111. Design of these setbacks shall be reviewed and approved by the Planning Commission. The applicant is encouraged to minimize steep slope designs. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of street curb. 43. Prior to 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, 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. 44. Applicant/developer shall submit a landscape and irrigation plan which is in compliance with Ordinance 220, pertaining to water efficient landscaping, and which shall be CONAPRVL.071 12 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 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 Planning Commission, with subsequent final review and acceptance by Coachella Valley Water District prior to landscape construction. Evidence of CVWD acceptance shall be submitted to the Community Development Department. 45. Desert or native plant species and drought resistant planning materials shall be encouraged. Provision shall also be made for planting materials which provide forage and nesting areas for nearby wildlife. 46. Landscape and irrigation plans for landscaped lots, common retention basins and park facilities shall be prepared by a licensed landscape architect. The plans and proposed landscaping improvements shall be in conformance with requirements of, and be signed by, the Community Development Director, the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. 47. Applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 48. 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. 49. 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. The access road proposed along the northern boundary of the project shall be completed during Phase I to provide through circulation. B. All future building expansions shall be subject to a site plan review/approval prior to issuance of building permits. CONAPRVL.071 13 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 C. A minimum unobstructed width of 24 feet shall be maintained for all access roads, with certain areas designated as fire lanes. D. The water mains shall be capable of providing a fire flow of 5000 gpm and an actual fire flow available from any two adjacent hydrants shall be 2500 gpm for two hours duration at 20 psi. E. A combination of on -site and off -site Super hydrants (6" X 4" X 2-1/2" X 2-1/2") shall be located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways. F. The required water system including fire hydrants shall be installed and accepted by the Coachella Valley Water District prior to any combustible building material being placed on the site. G. Prior to issuance of building permits, the 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 spacing, and the system shall be designed to meet the fire flow requirements. Plans shall be designed to meet the fire flow requirements. Plans shall be signed/approved by the local water company and a registered civil engineer 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. H. Buildings shall be constructed so that the fire flow required for any individual building or unseparated area does not exceed 3500 gpm. I. Final conditions and requirements with regards to type of construction, area separations, or built-in fire protection systems will be addressed when the building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. 50. 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 steel & aluminum cans. CONAPRVL.071 14 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 B. All on -site recycling bins shall be enclosed by approved masonry walls or other architectural features. 51. Applicant/developer shall provide for transit amenities as may be necessary. These amenities shall include, at a minimum, a bus turnout location and passenger waiting shelter along Highway 111, the precise location of which shall be determined by Sunline Transit. 52. The City is contemplating adoption of a quality -assurance program for privately -funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, applicant shall fully comply with the quality - assurance program. If the quality -assurance program has not been adopted, applicant shall employ or retain a California registered civil engineer, geotechnical engineer or land surveyor, as appropriate, to exercise sufficient supervision and quality control during construction of the tract grading and improvements to certify compliance with the plans, specifications, applicable codes, and ordinances. The engineer shall provide the following certifications and documents upon completion of construction: A. Upon completion of the improvements, a statement on the "as built" plans as follows: "The construction of all improvements on these plans was properly monitored by qualified personnel under my supervision for compliance with the plans and specifications. The work shown hereon was constructed as approved except as otherwise noted. Noted exceptions have been approved by the City Engineer. " B. Prior to issuance of any building permit, a separate document bearing the engineer's or surveyor's seal and signature, that lists actual building pad elevations. The document shall, 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 phase and shall be cumulative if the data is submitted at different times. CONAPRVL.071 15 M Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 words "M-Built" or uAs=eonstracted" cleariy marked on each sheet and be stamped The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. MAINTENANC 54. * Adequate provision shalf be made foi continuous maintenance of aff imidscaping re . 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. 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-Build"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. 55. Applicant shall maintain the landscaped areas of the project such as the landscaped setback lots and retention basins. Applicant shall maintain all off -site improvements until final acceptance of the improvements by the City. 56. Grading, drainage, street, lighting, landscaping & irrigation, park, gate, and perimeter wall plans are not approved for construction until they have been signed by the City Engineer. 57. * Appropriate approvals shall be sectited prior to establishing any constitn'tion or sales f�cifities, mid/or signs UL! die subject pioperty. 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 signal, sidewalks, bike paths, gates and entryways, parking lots, and water and sewer plans. Combined plans including water and sewer improvements shall have an additional signature block for the Coachella Valley CONAPRVL.071 16 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 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. The City may maintain digitized standard plans for elements of construction. For a fee established by City resolution, the developer may acquire 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. 58. The applicant shall retain a qualified archaeologist 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. At a minimum, the plan shall: (1) identify the methods to be used; and (2) provide for testing if the preliminary results show significant material 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 archaeologist(s) shall complete the testing and data recovery as noted in the plan. The archaeologist shall monitor the grading activity as required by the plan or testing results. A qualified archaeologist shall be selected from a list maintained in the Community Development Department The applicant shall provide the name, address and phone number for the selected archaeologist to the Community Development Department. The designated archaeologist may be changed from time to time, but no such change shall be effective unless the Community Development Department is notified and approves the new selection. The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect, or halt grading or trenching 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 area reasonably CONAPRVL.071 17 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 suspected 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 analyses to be prepared and published and submitted to the Community Development Department. 59. All on -site billboards shall be removed prior to the issuance of a building permit. 60. The on -site parking spaces fronting Highway 111 will be allowed to be within 25 feet of the new property line provided visual screening is constructed. 61. A parking analysis shall be submitted to the Community Development Department prior to any developer of the freestanding pad buildings in the future. The study shall be presented to the Planning Commission for their review and approval. In each study, building size adjustments shall be made if it is determined that a parking deficiency exists. 62. Angled parking stalls shall be used for the northerly one-half of the parking lot to the south of the shopping center complex. 63 A Transportation Demand Management (TDM) plan shall be submitted to the Director of Community Development pursuant to Chapter 9.162 if more than 100 people are employed at the project site. CONAPRVL.071 18 ATTACHMENTS Attachment 1 Project Site CASE MAP CASE No. Specific Plan 92-022 and Plot Plan 92-490 (Revised) - Jefferson Square -- Attachment 2 R 5 1- lit ise7-5h. 1, �oe to F_o-see „g-I w?fit �I 0 N U oZ W Y z c C14 e WM W rf _7t -SIPS Irro/I,p a UHW ` 1 � tit r��� O C? p ' S1,a �` �'► � �S Sw, t t r 'i +a all f a ac a I P u I I 12 gi fE� 40 Miciz� 1 Hurst �' � Ar -�.itec:t ' Planning Departm-nt, City of La Quita. Attn. Greg Trousdell. Associate Planner RE. Specific Plan 92-022 Plot Plan 92-490 Attachment 3 JAN. 11, 1995 JAN 12 19Q5 Vii Y 6F to j,.Ul- ((A p!.&AltditJG 1)FWUMENT Dear Greg; Another year has passed and I find myself in the position to request an additional one (1) year extension for the approved Specific Plan 92-022, and Plot Plan 92-490; specifically known as " the Jefferson Square Factory Outlet Center"; located at the corner of Highway SR 111 and Jefferson Street: The property, this past year, has been in the realm of changing owners/ developers, and because of that instablity no one was ready to forge ahaed with the development of the project. The Developers and Land Owners do realize that the project property retains more . value and would be easier to continue to develop with the approvals as now in place intact. It is for this that I am directing this letter of request for extension to you at this time. I am including with this request the required property owners list and mailing labels as you requested (300 ft radius) and the required fee for the processing of this request for extension. Thank you for your attention and patience in this matter I await your reply. $inc ely; MICHAEL HURST,'ARCHI�ECT PO BOX 1362 PAIM DESERT, CA. 92261. Pcs: CFice Bcx 1362 • Pais Cese:t, CA 922,51 ID _ „ a EMUNTRY FUND 1'INANLIAh 3ERVILI 3 ING. P. O. Box 1544 Rancho Mirage, CA 92270 (619) 568-4460 June 16, 1995 Attn: Greg Trousdell Associate Planner City of La Quinta Planning Department 78-495 Calla Tampico P.O. Box 1504 La Quinta, CA 92253 Attachment 4 JAI r� s� 1995 -..�+,.w �!•! PJ J!illl�• � rti f J� -�.e ��tt RE: Jefferson Square Factory Outlet - Plot Plan 92-490 request for 2nd time extension Dear Greg: This letter is to serve as an explanation and reason for requesting the additional extension for the above named project. As explanation; there has been in the past year various owners change of hands on the property f the project mentioned. That situation has basically been solved but, we need additional time to put the financing and leasing program back on track. Also, the misunderstanding about the fee was a surprise. We would also request that you postphone the processing of the request until the end of June, 19$ This would give us the opportunity to coordinate. Thank you for your attention and patience in this matter. Regards, Michael onway Vice President cc: M. Hurst T4'1t 4 4 QK&M MEMORANDUM Attachment 5 TO: Greg Trousdell Associate Planner FROM: David M. Cosper Public Works Director/City Engineer DATE: March 2.8, 1995 SUBJECT: Plot Plan 92-490 (Revised); time extension #1 CITY OF LA OUINTA PLANNING DEPARTMENT The Public Works Engineering Department requests the following revisions to the conditions of approval of the referenced development. 1. Replace Condition No. 30 with the following: 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. Any proposal to direct drainage to the Whitewater Storm Channel shall be approved by the Coachella Valley Water District prior to its consideration by the City Engineer. 2. Insert the following as the second paragraph of Condition No. 39: The applicant shall perform a detailed traffic study as required in the Caltrans letter dated October 15, 1992. If the study indicates that a signal will be warranted at the Jefferson Street access at Vista Grande, the applicant shall be responsible for design and construction of the signal. 3. Replace Condition No. 53 with the following: The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 4. Replace Condition No. 54 with the following: 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. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed bythe 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. 5. Replace Condition No. 57 with the following: 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, parking lots, and water and sewer plans. Combined plans including water and sewer improvements 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. The City may maintain digitized standard plans for elements of construction. For a fee established by City resolution, the developer may acquire 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. FB/fb Attachment 6 Aizencv Comments z ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (619) 398-2651 DIRECTORS OFFICERS TELLIS CODEKAS, PRESIDENT THOMAS E. LEVY, GENERAL MANAGER -CHIEF ENGINEER RAYMOND R. RUMMONDS, VICE PRESIDENT BERNARDINE SUTTON, SECRETARY JOHN W. McFADDEN OWEN MCCOOK. ASSISTANT GENERAL MANAGER DOROTHY M. NICHOLS April 21, 1995 REDWINE AND SHERRILL, ATTORNEYS THEODORE J. FISH City of La Quinta Planning Commission Post Office Box 1504 La Quinta, California 92253 Gentlemen: File: 163.1 Subject: Plot Plan 92-490, Specific Plan 92-022, Portion of the Northeast Quarter of Section, 29, Township 5 South, Range 7 East, San Bernardino Meridian We have reviewed the conditions of approval for the above project and have found it lacking several district requirements stated in our letter dated October 2, 1992, copy enclosed. In our previous letter the district stated conditions for domestic water, sanitation, stormwater and irrigation drainage. Perhaps the most important issue facing this development is our requirement for concrete slope protection along the Coachella Valley Stormwater Channel. The proposed development is along an outside bend in the stormwater channel. Without slope protection, the bank of the channel will continue to erode and cause the development to be at risk. Slope protection must be provided. Please have the developer contact the district regarding specific design requirements. Drainage plans which discharge into the Coachella Valley Stormwater Channel shall be submitted to the district for review and approval. Nuisance water will not be allowed to drain into the Coachella Valley Stormwater Channel. The developer shall provide adequate access to the district's Jefferson Street Lift Station located at the northeast corner of the site. Grading plans pertaining to the access of the lift station shall be submitted to the district for review and approval. TRUE CONSERVATION USE WATER WISELY ` City of La Quinta -2- April 21, 1995 Plans for landscaping, irrigation and grading shall be submitted to the district for review. This is for ensuring efficient water management. If you have any questions please call Joe Cook, planning engineering, extension 292. Yours very truly, O�W1 Tom Levy General Manager -Chief Engin ;er JEC:lmfle71pp92-490 Enclosurelllas yl ATEq ESTABLISHED IN 1918 AS A PUBLIC AGENCY �I COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1o58 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (619) 398-2651 DIRECTORS OFFICERS TELLIS CODEKAS. PRESIDENT THOMAS E. LEVY. GENERAL MANAGER CHIEF ENGINEER RAYMOND R RUMMONDS. VICE PRESIDENT BERNARDINE SUTTON SECRETARY JOHN W McFADDEN October 2 , 1992 OWEN Mc000K ASSISTANT GENERAL MANAGER DOROTHY M CE LAY REDWINE AND SHERRILL. ATTORNEYS THEODORE J FISH File: 0163.1 O5U"' --/ Planning Commission City of La Quinta Post Office Box 1504 La Quinta, California 92253 Gentlemen: Subject: Specific Plan 92-022, Portion of the Northeast Quarter of Section 29, Township 5 South Range 7 East, San Bernardino Meridian This area is protected from stormwater flows by the Coachella Valley Stormwater Channel and may be considered safe from stormwater flows except in rare instances. This area is designated Zone X on Federal Flood Insurance rate maps which are in effect at this time. There may be erosion of the banks of the Coachella Valley Stormwater Channel during periods of unusual rainfall and discharge. The developer shall construct concrete slope protection on the bank of the stormwater channel to prevent erosion. Plans for concrete slope protection shall be submitted to the Coachella Valley Water District for review. A portion of this area is adjacent to the right-of-way of the Coachella Valley Stormwater Channel. We request that the developer be required to install suitable facilities to prohibit access to this right-of-way. The developer shall obtain an encroachment permit from the Coachella Valley Water District prior to any construction within the right-of-way of the Coachella Valley Stormwater Channel. This includes, but is not limited to, surface improvements, drainage inlets, landscaping, and roadways. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. TRUE CONSERVATION USE WATER WISELY Tsyo.5- sq Planning Commission -2- October 2. 1992 The district will need additional facilities to provide for the orderly expansion of its domestic water system. These facilities may include wells, reservoirs and booster pumping stations. The developer will be required to provide land on which some of these facilities will be located. These sites shall be shown on the tract map as lots to be deeded to the district for such purpose. This area shall be annexed to Improvement District No. 55 of Coachella Valley Water District for sanitation service. Plans for grading, landscaping, and irrigation systems shall be submitted to Coachella Valley Water District for review. This review is for ensuring efficient water management. The aria is within Improvement District No. 1 of the Coachella Valley Water District for irrigation water service. Water from the Coachella Canal is available to the area. The developer shall use this water for landscape irrigation. If you ave any questions please call Bob Meleg, stormwater engineer, extension 264. Yours very truly, Tom Levy General Manager -Chief Engineer RF:kf/ed4 cc: Don Park Riverside County Department of Public Health 79-733 Country Club Drive, Suite D Bermuda Dunes, California 92201 Y '•�`'�'� � !�(./ � lid PR COACHELLA VALLEY WATER DISTRICT :1 P` L V4 WATER' COACHELLA VALLEY POWER DIVISION 81.600 AVENUE 58 R P.O-BOX 1080 •LA OUINTA, CALIFORNIA 92253-1080 TELEPHONE (619) 398.5811 • FAX (619) 398-5848 IIDPD-DDC March 30, 1995 . , -... . 'J d J ..r. Mr. Greg Trousdell, Associate Planner Community Development Department City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Dear Mr. Trousdell: RE: Plot Plan 92-490, Jefferson Square Located on N/W Corner of Jefferson Street and Highway 111 After reviewing the plans described above, it has been determined that this project will significantly impact the electric service to the area. The cumulative impact of projects of this size is to increase the electrical demand on Imperial Irrigation District's (IID's) existing facilities at peak loading periods. This added demand results in the need for additional generation, transmission, substation, and distribution facilities. This will directly impact power rates in the IID's service area and may result in higher electric rates in future vears. A copy of IID's Developer's Information Letter and Developer's Fact Sheet are enclosed to assist the developer in successfully meeting electrical requirements. Please pass this information along to the developer with our comments so he or she may consider these requirements in the early planning stages. If we may be of further assistance, please contact me at 398-5854 or John Salas at 398-5834. TFL:rg Sincerely, THOMAS F. LYONS, P. E. Engineer, Senior M tRI I IRRI fl I IRI I 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 Owner(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. Note 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. 9 �; Developer's Letter -4- September 15, 1994 Please note that the District requires that the Owner(s), Developer(s) or Contractor for a development project within the District's service area are required to provide the following items to the Engineering and Distribution Department- having jurisdiction in the project service area: 1. Be advised that Items 3 through 8 and Item 10, are to be provided in AutoCAD Format up to and including Rev. 12, and submitted to the District on a standard 5-1/4" mini -floppy disk (double sided/high density/double track) or a 3-1/2" micro - floppy disk (double sided/high density/double track). State Plane Coordinates may be obtained for Imperial County from the County of Imperial or from the Imperial Division of the Imperial Irrigation District — Power Department, (Distribution Units). Please note that this service is not available in the Coachella 'Valley Power Division of the im e ' I I ' t' D' 2. 3. 4. 5. 6. 7. p na rriga ion istnct. If this CAD media is not available or cannot be provided by the Developer or Applicant, then hard copy maps/plans and drawings will be accepted by the District for design study but under the following conditions: A. Plans and other drawings required by IID for Commercial and Housing Developments not submitted as AutoCAD drawings may delay the District's project development drawings to the Applicant by 90 days or more. B. AutoCAD drawings that cannot be utilized due to lack of same scale for all components, or lack of detail required for designing the requested power system, or the lack of state plane coordinates for all details tied down to at least one commonly known benchmark, or lack of correct dimensions on landbase details, or extensive use of single layers that have all pertinent text, as well as multiple drawings on one layer. One copy of approved Street Lighting plan similar to conditions in Item 1 above. Note: In the District's Riverside County service area, the Developer will submit lighting proposals, first to the County of Riverside and then to Imperial Irrigation District, Power Department for approvals. Water, sewer and drainage plans. Street improvement plans. Precise grading and landscaping plans. Plot plans with buildings shown. Parcel and overall project map with phasing. i 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. DATED: F1'A SUPERINTENDENT, GENERAL COACHELLA VALLEY POWER DIVISION (( For Riverside County areas)) SUPERINTENDENT, GENERAL IID POWER CONSUMERS SERVICES (( For Imperial County areas)) Developer's Letter -6- September 15, 1994 If the map has been approved or recorded in advance of this requirement, then the Owner(s) and/or Developer(s) shall advise the District of same and other easement arrangements shall be made with the Owner(s) or Developer(s) to obtain said easements. Any easement requirements over and above that stated, herein, will be requested by separate notice during the project scoping study or as soon as the need is apparent. NO FINAL PRINTS FOR OVERHEAD AND/OR UNDERGROUND POWER FACILITIES WILL BE ISSUED TO THE DISTRICT'S CONSTRUCTION FORCES, UNTIL SUCH TIME THAT THE DISTRICT'S ENGINEERING DEPARTMENT HAS RECEIVED FIVE -FULL SIZE COPIES OF THE RECORDED TRACT AND/OR PARCEL MAP WITH ITS ASSOCIATED TITLE SHEET(S) WHEN APPLICABLE. PROJECT SERVICE SCHEDULE 1. Application for electrical service(s) to proposed project (Imperial Irrigation District Business Office). 2. Requirements of Developers Information Letter completed. 3. Conduit drawings by Imperial Irrigation District completed and mailed to Developer or Contractor (60 days typical). 4. Cable Charges prepared and mailed to Developer or Contractor when available. 5. Cable Charges paid. NOTE: Further scheduling will not occur until Item 5 is completed . 6. Cable drawings prepared and material ordered (45 days typical). 7. Underground conduit system installation completed and approved by Imperial Irrigation District Inspector. 8. Imperial Irrigation District work order released to Construction Department for scheduling (45 days typical). 9. Start construction as per scheduled date. 10. Construction completed. DATE COMPLETED 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 Quinta, California 92253-1080 Issued By: Telephone: (619) 398-5854 Section or Un 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 Unit: Fax Number: (619) 339-9140 Received By: Owner, Developer and/or Agent 1/2" Developer's Letter -13- September 15, EXHIBIT "A" RECORDING REQUESTED BY: IMPERIAL IRRIGATION No Recording Fees Required Per Government Code: Section 27383 AND WHEN RECORDED MAIL TO: REAL ESTATE SECTION IMPERIAL IRRIGATION DISTRICT P.O. BOX 937 IMPERIAL, CALIFORNIA 92251 11 /2,• ................................. TOP OF FORM 2-3/4 INCHES 1/2" FROM EDGE OF FORM ON ALL SIDES OF THE FORI 51NCHES SPACE ABOVE THIS LINE FOR RECORDER'S USE PROJECT LEGAL DESCRIPTION INCLUDING TRACT No., PARCEL No., OR RECORD OF SURVEY No. INDEMNIFICATION STATEMENT "IT IS ACKNOWLEDGED AND UNDERSTOOD BY THE PARTIES HERETO, THAT THE OWNER(S) AN DEVELOPER(S) OF THE HEREIN ABOVE DESCRIBED PROPERTY OR DEVELOPMENT PROJECT. SHA FULLY RESPONSIBLE FOR THE CONDITION, SAFETY, MAINTENANCE AND REPAIRS, AS WEL REQUIRED CORRECTIONS, AS TO ALL UNOCCUPIED AND UNENERGIZED COMPONENTS OF PERMANENT OR TEMPORARY ELECTRICAL SERVICE DISTRIBUTION FACILITIES, BOTH ON AND OF] CONSTRUCTION OR PROJECT SITE, WHERE SUCH SYSTEMS AND FACILITIES ARE REQUIRED 1 CONSTRUCTED OR INSTALLED BY THE OWNER(S) OR DEVELOPER(S). THIS RESPONSIBILITY CONTINUE UNTIL SUCH TIME THAT THE SYSTEMS AND FACILITIES HAVE BEEN ENERGIZED B1 DISTRICT. THE OWNER(S) OR DEVELOPER(S)INDEMNIFIES THE DISTRICT AND HOLDS THE DIS- HARMLESS FROM ALL DAMAGE CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR BODILY IN OR PROPERTY DAMAGE RELATING TO OR ARISING AS A RESULT OF THE INSTALLATION OF FACILITIES, UNTIL THEY HAVE BEEN ENERGIZED BY THE DISTRICT. THE INDEMNIFICATION INCL THE DISTRICT'S COSTS OF DEFENDING ANY APPLICABLE CLAIMS, INCLUDING REASON ATTORNEY'S FEES." IN WITNESS WEREOF, said Grantor_ ha hereunto affixed signature this day of '19 GRANTOR • GRANTORS ( Example 1.) H.K.Porter Company A Limited Partnership By: 904yfeg .5. 6na41,9 51, Principle Partner and President ( ..Example 2 ) ......................... Owner IMPERIAL IRRIGATION DISTRICT Developer's Fact Sheet Your Project The staff of IID realizes how important your project and meeting your deadline is to you and the company you represent. This fact sheet is designed to answer questions most commonly asked by developers, such as yourself, and assist you in meeting your goals. If you need more information, however, the staff at IID will gladly assist you. Initial Meeting Normally, the developer and IID staff meet to get acquainted and familiarize themselves with important elements of the project such as: the size of the development, load information, the route for service, streetlights, and substation and equipment needs. To plan for this meeting, it is a good idea to bring your preliminary plans and load information so we may analyze your project. You may even want to provide us with a copy of your plans in advance. With this information, we can determine if we have adequate capacity to fill your needs and those of existing and future customers in the surrounding area. Customer Service Proposals (CSPs) It is also advisable to visit our Consumers Service Office and sign up for service as soon as possible. Our staff there will ask general information about your project, such as the name of the development, tract and phase numbers, addresses and amount of horsepower you will, be using. If you are requesting service to several residences or commercial buildings, please bring a list of addresses with you. We will issue one CSP or multiple CSPs based on your request. It is a good idea to obtain a copy of your CSP in the event you need to inquire about its status. We use the CSP number as a means of tracking your project. We will then forward this information tc the Engineering Section where an engineer or distribution estimator will be assigned to your project. He or she is responsible for designing the layout of conduit, estimating the cable charges and compiling a list of materials needec to complete your job for the line crews. Once this is completed, the "work order" is released the Construction Section where it will be scheduled for actual construction work. Please keep in mind that there is approximately a six-month period between the time we initiate a CSP and the time the crews begin construction. So please come in to sign i for service as soon as possible. Construction Charges & Scheduling The engineer or estimator assigned to your project is responsible for calculating construction charges. These charges are based on required material and manhours. The Consumers Services Office will mail a letter to you advising you of these charges. All charges must be paid before the wiring layout is completed, materials are ordered, and our construction crews are scheduled to begin wor. If your project has completed the engineering phase and you would like to know when it is scheduled for construction, please contact Work Order Control at (619) 398-583, Please have your CSP number handy. Underground Conduit The developer, owner or contractor is responsible for installing the underground conduit and vault system --at his or her expense These underground systems include: padmount transformers switches • street lighting systems (if necessary rr� Developer's Fact Sheet Page 2 of 2 Conduit requires an inspection and mandreling before III) can accept or occupy the system. We have a Power Inspector on staff who is available to inspect these systems during installation or assist with mandreling. Please contact us at (619) 398-5854 to schedule an inspection or mandrel assistance at least 48 hours in advance. Easements Padmount transformers and switches must be located within a ten -foot easement adjacent to all public and private streets and parking lots. Easements must be cited on the final tract map title sheets, and original easements must be signed by an III) representative before recording. Details about preparing easements are included in the Developer's Information Letter. Substations For certain projects, III) may require that the owner or developer donate a piece of land to build a substation that will serve your project and surrounding customers. III) staff will assist you in finding the most logical location for this substation. Details of this substation, if needed, may be obtained by your project engineer or estimator. We strongly recommend that this be done in the early stages of the project. Clearance and Access To ensure the safety of our personnel during maintenance and operation of padmount facilities, we require a ten -foot area surrounding these facilities to be free of trees, bushes and other encumbering landscaping. We must also have around -the -clock access to our facilities for maintenance and emergency purposes. If IID facilities are located within a gated or secured area, we will require the developer equip unstaffed gates with Knox locks. Please call Consumers Service at 398-5841 for information on how to obtain these key -activated control devices. Before you dig Before you begin ground excavation, please contact Underground Service Alert (USA). This service is free of charge, however, USA does require at least two working days' notice. Please call toll free at 1-800-422-4133. USA will notify all utilities in the area about your need to have their underground services located. Overhead Dangers Please remind your construction crews to check for overhead wires before using any cranes, forklifts, or other equipment that may come in close proximity with overhead power lines or equipment. Please contact the Engineering Section at 398-5854 for information about state -required clearances. Other Assistance IID's Developer's Information Letter will provide you with details on submitting your project drawings, preparing easements, and other vital information. Please request one from the Engineering Section if you do not already have one. We strive to make this experience a positive one for our customers. Should you run into problems or have a change in plans, please let us know immediately. We will gladly assist it any way we can. You may write, visit, phone or fax us as indicated below. Office hours are Monday through Friday from 8:30 a.m. to 1:00 p.m. and 2:15 p.m. to 4:45 p.m., except holidays. Appointments are recommended. Imperial Irrigation District 81-600 Avenue 58 - P. O. Box 1080 La Quinta, CA 92253-1080 Engineering: Phone (619) 398-5854 or Fax 391-5999 Consumers Service: Phone: (619) 398-5841 or Fax 398-5893 Construction: Phone: (619) 398-5886 or Fax 398-5875 STAFF REPORT PLANNING COMMISSION MEETING DATE: SEPTEMBER 26, 1995 CASE NO.: PLOT PLAN 92-490 (REVISED) AND SPECIFIC PLAN 92- 022; EXTENSION OF TIME #2 - JEFFERSON SQUARE APPLICANT: MICHAEL HURST, ARCHITECT PROPERTY OWNER: COUNTRY FUND FINANCIAL SERVICES REPRESENTATIVE: MICHAEL J. CONWAY, VICE PRESIDENT (COUNTRY FUND FINANCIAL SERVICES, INC.) REQUEST: APPROVAL OF A TIME EXTENSION FOR A PREVIOUSLY APPROVED COMMERCIAL SHOPPING CENTER CONSISTING OF APPROXIMATELY 251,550 SQUARE FEET ON APPROXIMATELY 21.3 DEVELOPABLE ACRES. LOCATION: NORTHWEST CORNER OF HIGHWAY 111 AND JEFFERSON STREET ENVIRONMENTAL CONSIDERATION: A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT WAS APPROVED IN CONJUNCTION WITH THIS APPLICATION DURING THE ORIGINAL APPROVAL IN 1993. NO CHANGES ARE PROPOSED THAT WOULD INCREASE IMPACTS. THEREFORE, NO ADDITIONAL ENVIRONMENTAL REVIEW IS DEEMED NECESSARY. The project site is approximately 23 acres with 1.7 acres, of the total, in the existing flood control channel. The channel to the north of this site is not lined at this time. The property is presently vacant and void of any significant vegetation. The parcel has approximately 1,450 feet of frontage on Highway 111 and approximately 860 feet on Jefferson Street (Attachment 1). pcgt.122 1 This project was originally approved in February, 1993. The approved project consists approximately of a 251,550 square foot shopping center with eleven buildings. The development concept is to market the project as an "off -price" retail center similar to the Cabazon "Desert Hills Factory Outlet" center. The "U shaped shopping center has future pad sites proposed along Highway 111 and Jefferson Street. The site plan shows numerous driveways which will provide two-way traffic access. The buildings in the center are primarily single story with two story portions. The architectural design is contemporary with a Mediterranean influence, various design elements including stained-glass accent windows, stucco walls, tile roofs and pedestrian arcade (Attachment 2, Sheets 1 of 10). The applicant and the owner's representatives have requested a second one-year extension for this plot plan and specific plan (Attachments 3 and 4). Review of the application was postponed at the request of the applicant. The time extension request should have been reviewed a few months ago but the applicant asked that their hearing be delayed while the owner and his partners, pursued other investment avenues. The applicant has indicated that this request is needed in order to keep the project entitlements alive during the sluggish economy. The Public Works Department requested that several conditions for the project be updated. Their memorandum is attached (Attachment 5) with the changes incorporated into the draft conditions. Staff has also made other minor wording changes to some of the conditions. The changes can be found by looking for the asterisk adjoining the condition number. The Community Development Department feels that this request is acceptable. Staff notes for review and approval by the Planning Commission that a number of conditions do require studies and/or other items to be completed prior to the issuance pcgt.122 2 of a building permit. Condition #2 requires the applicant to be under construction within the next four (4) months or the project approval will expire. Adopt Resolution 95 recommending approval of a one-year time extension to February 2, 1996, to the City Council, subject to the amended conditions, as attached. Attachments: 1. Location Map 2. Site Plan/Various Elevation Sketches 3. Letter from Michael Hurst 4. Letter from Michael J. Conway 5. Public Works Department Memorandum 6. Various Agency Comments pcgt.122 3 RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECERTIFYING THE PREVIOUSLY APPROVED ENVIRONMENTAL ASSESSMENT 92-241 AND RECOMMENDED APPROVAL OF SPECIFIC PLAN 92- 022 AND PLOT PLAN 92-490 (REVISED) SECOND ONE-YEAR TIME EXTENSION. CASE NOS.: SPECIFIC PLAN 92-022 AND PLOT PLAN 92-490 (REVISED) 2ND TIME EXTENSION JEFFERSON SQUARE WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24th day of November, 1992, and January 26, 1993, hold duly -noticed Public Hearings to consider the request of E.F.P. Corp. to develop a commercial shopping center on 21.3 acres at the northwest corner of Highway 111 and Jefferson Street. WHEREAS, the City Council of the City of La Quinta, California, did, on the 15th day of December, 1992, and February 2, 1993, did hold duly -noticed Public Hearings to consider the request of E.F.P. Corp. and recommendation of the Planning Commission to develop a +251,550 square foot commercial shopping on 21.3 acres at the northwest corner of Highway 111 and Jefferson Street, more particularly described as: A PORTION OF THE NORTH HALF OF SECTION 29, T5S, R7E, SBBM (APN: 649-020-007 & 010) WHEREAS, the applicant was granted a one year extension of time in 1994. WHEREAS, prior to the expiration of this case on February 2, 1995, the applicant's representative filed a written request to extend the approval for another one year period. WHEREAS, on September 5, 1995, the project was readvertised in the Desert Sun, and notices were sent to property owners within 300-feet of the site notifying them of the extension request. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 26th day of September, 1995, hold a duly -noticed Public Hearing to consider the request to extend the 1993 approval for another one year period. RESOCC.110 WHEREAS, a Negative Declaration of Environmental Impact was approved in conjunction with this application during the original project approval in 1993. No changes are proposed that would increase those impacts identified earlier. Therefore, no additional Environmental Review is deemed necessary. WHEREAS, mitigation of various physical impact have been identified and incorporated into the approval conditions for Specific Plan 92-022 & Plot Plan 92-490 (Revised) 2nd Time Extension, thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; and, WHEREAS, at said Public Hearing, 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 and reasons to justify the recommending of approval of said time extension: 1. The adopted Specific Plan and Plot Plan are consistent with the goals and policies of the La Quinta General Plan. 2. The adopted Specific Plan and Plot Plan are compatible with the existing and anticipated area development. 3. The project will be provided with adequate utilities and public services to ensure public health and safety. 4. That the project will not impact the abutting streets as they will be fully improved along the frontage of the site as required by the adopted General Plan (Circulation Element). 5. That the conditions imposed are deemed necessary to protect the health, safety, and welfare of the community. 6. The use(s) is consistent with the provisions of the La Quinta Municipal Code. 7. That the project is consistent with State Law Section 65450 (et. al.). 1. To create a shopping area to serve the City of La Quinta and adjoining cities. 2. To create a unique urban design environment that is appealing to the citizens of La Quinta. 3. To create a harmonious relationship with the adjacent residential neighborhoods (north and east) by buffering the project with streets, setbacks, landscaping, walls, and other architectural features. 4. To create a pedestrian -oriented environment. RESOCC.110 5. To provide a balanced transportation system to conserve and reduce air pollution. 6. To provide an adequate supply of on -site parking and landscaping. 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 reconfirm the conclusion of Environmental Assessment No. 92-241, indicating that the proposed Specific Plan and Plot Plan will not result in any significant environmental impacts as mitigated by the recommended Conditions of Approval; and, 3. That the Planning Commission does hereby recommend approval to the City Council of above -described Specific Plan and Plot Plan time extension request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 26th day of September, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN° JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOCC.110 PLANNING COMMISSION RESOLUTION 95- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 92-022 & PLOT PLAN 92-490 (REVISED); TIME EXTENSION #2 SEPTEMBER 26, 1995 * Modified by Planning Commission on September 26, 1995 1. Specific Phan 92-022 and Plot Plan 92-490 (Revised) shall comply with the requirements and standards of the City of La Quinta Municipal Code, unless otherwise modified by the following conditions. 2. * This approval shall expire and become void on February 2, 1996, 3. Phasing plans, including phasing of public improvements, shall be submitted for review and approval by the City Engineer and the Community Development Department prior to building permit issuance. 4. 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: - City Fire Marshal - Public Works Department - Community Development Department - Riverside Co. Environmental Health Department - Desert Sands Unified School District (DSUSD) - Coachella Valley Water District - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) - Caltrans District II Applicant is responsible for any requirements of the permits or clearances from each agency. 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 said permits or clearances from the above mentioned agencies shall be presented to the Building Department at the time of the application for a building permit for the use contemplated herewith. CONAPRVL . 0 71 1 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 5. 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. 6. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. 7.* 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 Building and Safety Department with written clearance from the DSUSD stating that their impact fees have been paid. S. * Applicant shall pay all fees and deposits required by the City for processing of plans and construction inspection. The fee and deposit amount(s) shall be those which are in effect at the time the work is undertaken and accomplished by the City. 9. * Prior to issuance of a grading permit, the applicant shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat Conservation Program, as adopted by the City, in the amount of $600 per acre of disturbed land. 10. Applicant shall construct, or enter into an agreement to construct, the on- and off -site grading, streets, utilities, landscaping, on -site common area improvements, and any other improvements required by these conditions before approval of the final map. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. If improvements are phased, off -site improvements and property -wide improvements such as perimeter walls and landscaping, common drainage basins or mains, and perimeter landscaping shall be constructed or secured prior to issuance of a building permit. 11. The applicant shall develop phases in the order of the approved phasing plan so that improvements required of each phase are complete prior to issuance of Certificates of Occupancy within any subsequent phases. The City Engineer may consider proposals by the applicant to stage the installation of off -site and property -wide improvements normally CONAPRVL.071 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 secured with the first phase (i.e., off -site improvements, perimeter walls and perimeter landscaping) with the orderly development of all phases within the plot plan. 12. Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans if any, and as required by Caltrans and the City Engineer. Right of way geometry for cul-de-sacs, knuckle turns and corner cut -backs for State Route 111 improvements shall conform with Caltrans requirements or as approved by the City Engineer. Right of way geometry for cul-de-sacs, knuckle turns and corner cut -backs for all other improvements shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. Dedications shall include: A. Jefferson Street - 60-foot half width, plus additional to accommodate any right turn refuges and dual left turn lanes and an exclusive right turn lane at SR 111, plus additional as required by the intersection alignment study required herein. B. State Route 111 - 86-foot half width, exclusive bus turnout, additional width as necessary to accommodate exclusive left and right turn lanes and alignment changes resulting from the intersection alignment study required below. C. Right-of-way or easements as required to provide access for emergency service equipment. D. Mutual access easement to adjacent property to the west over the most westerly access drive. E. Parcels and easements as required by CVWD. 13. Applicant shall create, and offer to dedicate, common area setback lots, of minimum width as noted, adjacent to the following street rights of way: A. Highway 111 - 50 feet wide; and B. Jefferson Street - 20 feet wide. 14. Applicant shall dedicate blanket easements over the setback lots for the purpose of sidewalks and/or bikepaths. CONAPRVL.071 3 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension 02 September 26, 1995 15. The applicant shall vacate vehicle access rights to abutting public streets. Access to those streets shall be restricted to street intersections and approved emergency access locations. 16. Applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, common areas, and centralized mail delivery units. 17. * Development of the project site shall comply with Specific Plan 92-022 and Plot Plan 92- 490 (Revised) and the following conditions, which conditions shall take precedence in the event of any conflict with the plans and exhibits. 18. * A noise study shall be prepared by a qualified acoustical engineer, to be submitted to the Community Development Department for review and approval prior to issuance of a building permit. The study shall consider use of building setbacks, engineering design, building orientation, noise barriers (terming, walls, and landscaping, etc.), and other techniques to mitigate noise created by the project or to mitigate roadway noise. 19. A six -foot -high masonry wall or chain link fence (living fence) shall be provided along the north side of the project. The exact location, design, and materials shall be subject to review and approval by the Community Development Department in conjunction with the noise study and approved by the Planning Commission. Landscaping shall be provided on both sides of the future wall or fence. 20. The requirements of the City's Off -Street Parking Ordinance shall be met for each development phase of the project. 21. This approval does not authorize the construction of the pad sites. These buildings' specific locations, design, height, and size shall be subject to separate plot plan review and approval by the Planning Commission. 22. * All lighting facilities shall comply with Chapter 9.210 (Outdoor Light Control) and be designed to minimize light and glare impacts to surrounding property. All lighting to be installed shall be subject to review and approval by the Community Development Department. Applicant shall submit plans for street lighting along roads, if any, for review and approval to the Public Works Department. CONAPRVL.071 4 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 23. The development shall be governed by the following: A. All ground -mounted mechanical equipment shall be screened from view by methods approved by the Community Development Department. B. No two-story buildings shall be allowed within 150-feet of Jefferson Street or Highway 111. C. All roofing material within the project shall be clay or concrete barrel tile. The color of the roof tiles shall consist of desert hues and be approved by the Staff. D. A building addressing plan shall be submitted to the Building and Safety and Fire Departments for review during plan check. The minimum building address size lettering shall be eight inches. E. Screening of the parking lot surface shall be provided from all adjacent streets through use of berming, landscaping and/or short decorative walls. The minimum vertical height shall be 42 inches. F. Handicap access, facilities and parking shall be provided per Federal, State, and local requirements. G. No overhead or similar door shall open to the north or towards any residentially zoned property unless adequate screened from noise and visibility to the satisfaction of the Community Development Director. H. Variety in setbacks and siting shall occur in development of the future pad sites, but in no case shall the building setback line be less than 50 feet excluding architectural projections. I. * No outside shopping carts or other storage shall be permitted unless completely screened in a City approved area. J. Parking lot striping plan including directional arrows, stop signs, no parking areas, parking spaces shall be approved by Community Development and Engineering Departments prior to issuance of building permits. CONAPRVL.071 5 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 K. * Plot plan or conditional use permit applications, as deemed necessary by C-P-S Zone requirements, shall be processed for each pad site. The architectural features of the pad sites shall be consistent with the design theme of the project. L. The Planning Commission shall conduct annual reviews of this specific plan until the project is completed. 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 compliance with the requirements of the specific plan. Upon conclusion of the annual review, the Commission may extend the approval period for 12 months at a time. M. The final landscape plan shall utilize trees and palms along Highway 111 and Jefferson Street and the entry drives into the project. Palms should not be used as shade trees for the parking lot areas unless they are massed because the applicant will not be able to meet the City's landscape shading requirements which call for 50% of the parking shall be shaded. Canopy shade trees may be used in the parking lot. N. * Accent tree uplighting shall be used along both major streets and at each entry drive. 0. A master sign program shall be reviewed and approved by the Planning Commission prior to any on -site building construction. The program should include uniform materials and colors for each tenant space. P. A trellised or tiled roofed pedestrian arcade shall be built along the front of the shopping center to shield the customers and store owners from the intense summer sun. The location and design of the arcade shall be approved by Staff during plan check. The maroon canvas awnings may be used under the trellis or roofed arcade as an accent treatment to the overall design of the shopping complex. The awning color shall be a softer color.. Q. The neon tubing which is mounted to the top of the building complex should be used sparingly throughout the shopping center because the neon will distract from the architectural elements of the center plus it could be a distraction to Highway 111 traffic. CONAPRVL.071 6 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 The neon tubing may be used on buildings C, F, and G on the sides of the building which face the shopping complexes primary parking lot (south side). The neon tubing shall be mounted in a recessed stucco channel and the location and/or color shall be approved by the Staff prior to construction plan check. The neon tubing should create a "soft" light accent on the building but should not create glare. R. A special landscape design shall be submitted for the intersection of Highway 111 and Jefferson Street because it is a "gateway" intersection. The applicant should prepare a formal landscape plan which uses citrus trees, decorative hard scape, desert landscape, up lighting, and public art as a focal point for this primary intersection. The landscape area should be approximately 50 feet by 100 feet (5,000 square feet). The plan shall be approved by the Arts in Public Places Committee. S. All roof mounted mechanical equipment shall be screened by the building wall parapet (e.g., 32-inch parapet). T. * The minimum dimension for a parking lot planter shall be six feet wide. U. The final concept building plans shall be reviewed by the Staff during plan check. V. * A trellised pedestrian cover between Buildings A & B is not necessary unless the applicant desires the facility for his or her patrons. If desired, the height of the structure shall be approved by the City Fire Marshal during plan check. The design and its location shall be approved by the Community Development Director. W. The building parapet heights throughout the project shall be continual around each respective building mass to assure architectural continuity for the project. X. The design features of the south elevation should be reflective in the north elevations, where appropriate. Y. The property owner shall dedicate to the City an easement (in perpetuity) at the southeast corner of the site in conjunction with Condition 23.R. for the installation of a City entry sign. The sign shall be built by the City and maintained by the City at no cost to the property owner. The size and location of the easement shall be determined by the City. The easement shall be offered to the City within three months after formal review of time extension by the Planning Commission and City Council. The City shall prepare the legal paperwork necessary to complete this requirement. CONAPRVL.071 7 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 GRADING 24. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust (PM 10) Control Plan prepared in accordance with Chapter 6.16 of the 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 this permit. These shall include but not be limited to: A. The use of irrigation during all construction activities; B. Planting of cover crop or vegetation upon previously 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 requirements of the Director of Public Works and Community Development. All construction and graded areas shall be watered at least twice daily while being used to prevent the emission of dust and blowsand. 25. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and blowsand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development and Public Works Departments. 26. Applicant shall comply with provisions of the Master Plan of Drainage, including payment of fees required therewith, and the City's Flood Protection Ordinance. 27. * Prior to issuance of a grading or building permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of Environmental Assessment 92- 241. Prior to final building inspection approval, the Applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with all remaining Conditions of Approval and mitigating measures of Environmental Assessment 92-241, Specific Plan 92-022 and Plot Plan 92-490 (Revised). The Community Development Director may require inspections or other monitoring to assure such compliance. 28. A grading plan shall be prepared by a registered civil engineer. The plan must meet the approval of the City Engineer prior to issuance of a building permit. The grading plan CONAPRVL.071 8 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 shall conform with the recommendations of the soils report. The soils engineer and/or the engineering geologist shall certify to the adequacy of the grading plan. 29. The project shall be graded to permit storm flow in excess of retention capacity to flow into the Whitewater River Channel. Pipes shall be sized to prevent ponding in parking areas from exceeding six inches during a one hundred year storm event. The project shall be graded to receive storm flow from adjoining property at locations that have historically received flow. 30.* The tributar. drainage area for which the applicant is iespUnsibfe shaft extend to centerline of any pubfic street contignotts to Hie s!"L%,.- Storm water 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. Any proposal to direct drainage to the Whitewater Storm Channel shall be approved by the Coachella Valley Water District prior to its consideration by the City Engineer. 31. In design of retention facilities, the percolation rate shall be considered to be zero unless Applicant provides site -specific data that indicates otherwise. A trickling sand filter and leach field shall be installed to percolate nuisance water in conformance with requirements of the City Engineer. The sand filter and leach field shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. 32. The design of the project shall not cause any change in flood boundaries, levels or frequencies in any area outside the project. 33. Applicant shall construct storm water facilities along the north side of Highway 111 as required by the City Engineer. 34. All existing and proposed utilities adjacent to or on the proposed site or shall be installed in underground facilities. Electric power lines over 12,500 volts are not subject to this requirement. 35. Underground utilities in areas where hard scape surface improvements are planned shall be installed prior to construction of the surface improvements. Applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. 36. * The applicant shall comply with the requirements of the Coachella Valley Water District including dedication of parcels, lining of the Whitewater River Channel and other CONAPRVL.071 9 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 requirements of their letters of October 2, 1992 and April 21, 1995, on file in the Community Development Department 37. The City is contemplating adoption of a Major Thoroughfare Improvements Ordinance. The Ordinance is intended to distribute the 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 at least 60 days prior to the issuance of a building permit, this project shall be subject to the provisions of the ordinance. If the Ordinance is not adopted the Applicant shall construct street improvements within and contiguous to the project as listed below. 38. Improvement plans for all on- and off -site streets shall be prepared by a registered civil engineer. Improvements to State Route 111 shall be designed and constructed in accordance with the requirements of Caltrans and the City Engineer. Other improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard Drawings and as approved by the City Engineer. The applicant shall perform an alignment study of S.R. 111 and Jefferson Street to determine the design of the Jefferson/S.R. 111 intersection. The study shall extend 500- feet in all directions beyond the boundaries of the applicant's site. If total required improvements to S.R. 111 exceed $300,000, the applicant shall perform a Project Study Report if, and as, required by Caltrans. Pavement design shall consider soil strength, anticipated traffic loading and design life. The minimum pavement section shall be 3" AC/4" Class 2 base for on -site work and 41/2 "/6" for arterial and collector streets. MIN .. - 'w�u.,�..... .. CONAPRVL.071 10 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 40. The applicant shall perform a detailed trafflc study as required in the Caltrans letter dated October 15, 1992, on file in the Community Development Department. If the study indicates that a signal will be warranted at the Jefferson Street access at Vista Grande, the applicant shall be responsible for design and construction of the signal. The following street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1. Jefferson Street - Three travel lanes on west side (39' curb to curb) plus required turn lanes. Install 8-foot sidewalk. 2. S.R. 111 - Install three travel lanes and shoulder on north side (estimated 46' curb to curb), median island, required turn lanes, exclusive bus turnout with pedestrian walkway to site, and 8-foot meandering sidewalk. B. OIL -SITE STREETS 1. As required by the City Engineer. Shall include at least one 24' access road each to Jefferson Street and S.R. 111. C. TRAFFIC SIGNALS 1. S.R. 111 at West Entry Drive - Full traffic signal. If the signal is warranted when this development occurs (as determined by the City Engineer), the applicant shall design and construct the signal at the applicant's expense. If the signal is deferred until warranted at a later date, the applicant shall pay cash or provide security in guarantee of cash payment for 25 % of the cost to design and construct the signal. 2. S.R. 111 at Jefferson - Traffic signal modifications as determined by the alignment study and as approved by the City Engineer. If the modifications are warranted when this development occurs (as determined by the City Engineer), the applicant shall design and construct the modifications at the applicant's expense. If the modifications are deferred until warranted at a later date, the applicant shall pay cash or provide security in guarantee of cash payment for 25 % of the cost to design and construct the modifications. CONAPRVL.071 11 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 41. Access points and turning movements of traffic shall be restricted as follows: A. S.R. 111 - Unrestricted at most westerly access drive. Right-in/right-out at drive approximately midway between the west property line and Jefferson Street. B. Jefferson Street - Unrestricted at intersection with Vista Grande. Right -in only at drive between this intersection and S.R. 111. C. Applicant shall provide signage and traffic control devices along entry drives as required by the City Engineer. 42. The applicant shall provide landscape improvements in the setback lots along Jefferson Street and State Route 111. Design of these setbacks shall be reviewed and approved by the Planning Commission. The applicant is encouraged to minimize steep slope designs. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of street curb. 43. Prior to 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, 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. 44. Applicant/developer shall submit a landscape and irrigation plan which is in compliance with Ordinance 220, pertaining to water efficient landscaping, and which shall be CONAPRVL.071 12 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 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 Planning Commission, with subsequent final review and acceptance by Coachella Valley Water District prior to landscape construction. Evidence of CVWD acceptance shall be submitted to the Community Development Department. 45. Desert or native plant species and drought resistant planning materials shall be encouraged. Provision shall also be made for planting materials which provide forage and nesting areas for nearby wildlife. 46. Landscape and irrigation plans for landscaped lots, common retention basins and park facilities shall be prepared by a licensed landscape architect. The plans and proposed landscaping improvements shall be in conformance with requirements of, and be signed by, the Community Development Director, the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Common basins shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. 47. Applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. 48. 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. 49. 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. The access road proposed along the northern boundary of the project shall be completed during Phase I to provide through circulation. B. All future building expansions shall be subject to a site plan review/approval prior to issuance of building permits. CONAPRVL.071 13 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 C. A minimum unobstructed width of 24 feet shall be maintained for all access roads, with certain areas designated as fire lanes. D. The water mains shall be capable of providing a fire flow of 5000 gpm and an actual fire flow available from any two adjacent hydrants shall be 2500 gpm for two hours duration at 20 psi. E. A combination of on -site and off -site Super hydrants (6" X 4" X 2-1/2" X 2-1/2") shall be located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways. F. The required water system including fire hydrants shall be installed and accepted by the Coachella Valley Water District prior to any combustible building material being placed on the site. G. Prior to issuance of building permits, the 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 spacing, and the system shall be designed to meet the fire flow requirements. Plans shall be designed to meet the fire flow requirements. Plans shall be signed/approved by the local water company and a registered civil engineer 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. H. Buildings shall be constructed so that the fire flow required for any individual building or unseparated area does not exceed 3500 gpm. I. Final conditions and requirements with regards to type of construction, area separations, or built-in fire protection systems will be addressed when the building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. 50. 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 steel & aluminum cans. CONAPRVL.071 14 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension ,#2 September 26, 1995 B. All on -site recycling bins shall be enclosed by approved masonry walls or other architectural features. 51. Applicant/developer shall provide for transit amenities as may be necessary. These amenities shall include, at a minimum, a bus turnout location and passenger waiting shelter along Highway 111, the precise location of which shall be determined by Sunline Transit. 52. The City is contemplating adoption of a quality -assurance program for privately -funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, applicant shall fully comply with the quality - assurance program. If the quality -assurance program has not been adopted, applicant shall employ or retain a California registered civil engineer, geotechnical engineer or land surveyor, as appropriate, to exercise sufficient supervision and quality control during construction of the tract grading and improvements to certify compliance with the plans, specifications, applicable codes, and ordinances. The engineer shall provide the following certifications and documents upon completion of construction: A. Upon completion of the improvements, a statement on the "as built" plans as follows: "The construction of all improvements on these plans was properly monitored by qualified personnel under my supervision for compliance with the plans and specifications. The work shown hereon was constructed as approved except as otherwise noted. Noted exceptions have been approved by the City Engineer. " B. Prior to issuance of any building permit, a separate document bearing the engineer's or surveyor's seal and signature, that lists actual building pad elevations. The document shall, 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 phase and shall be cumulative if the data is submitted at different times. CONAPRVL.071 15 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 rds "A& -Built" or "As-emistracted" cfearty markied on each sheet mid be stamped and The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. MAINTENANCE 54. * Adequate provision shaH be made for continuous maintenance of aft iandscaping related-fcatures. T,he 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. 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-Build"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. 55. Applicant shall maintain the landscaped areas of the project such as the landscaped setback lots and retention basins. Applicant shall maintain all off -site improvements until final acceptance of the improvements by the City. 56. Grading, drainage, street, lighting, landscaping & irrigation, park, gate, and perimeter wall plans are not approved for construction until they have been signed by the City Engineer. 57. Appropriate appiovais shaff be secured prioi to estabfishing any construction or safes fiteffities, mid/or signs on the subject popeity. 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 signal, sidewalks, bike paths, gates and entryways, parking lots, and water and sewer plans. Combined plans including water anal sewer improvements shall have an additional signature block for the Coachella Valley CONAPRVL.071 16 Conditions of Approval Specific Plan 92•-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 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. The City may maintain digitized standard plans for elements of construction. For a fee established by City resolution, the developer may acquire 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. 58. The applicant shall retain a qualified archaeologist 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. At a minimum, the plan shall: (1) identify the methods to be used; and (2) provide for testing if the preliminary results show significant material 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 archaeologist(s) shall complete the testing and data recovery as noted in the plan. The archaeologist shall monitor the grading activity as required by the plan or testing results. A qualified archaeologist shall be selected from a list maintained in the Community Development Department The applicant shall provide the name, address and phone number for the selected archaeologist to the Community Development Department. The designated archaeologist may be changed from time to time, but no such change shall be effective unless the Community Development Department is notified and approves the new selection. The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect, or halt grading or trenching 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 area reasonably CONAPRVL.071 17 Conditions of Approval Specific Plan 92-022 & Plot Plan 92-490 (Revised); Time Extension #2 September 26, 1995 suspected 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 analyses to be prepared and published and submitted to the Community Development Department. 59. All on -site billboards shall be removed prior to the issuance of a building permit. 60. The on -site parking spaces fronting Highway 111 will be allowed to be within 25 feet of the new property line provided visual screening is constructed. 61. A parking analysis shall be submitted to the Community Development Department prior to any developer of the freestanding pad buildings in the future. The study shall be presented to the Planning Commission for their review and approval. In each study, building size adjustments shall be made if it is determined that a parking deficiency exists. 62. Angled parking stalls shall be used for the northerly one-half of the parking lot to the south of the shopping center complex. 63 A Transportation Demand Management (TDM) plan shall be submitted to the Director of Community Development pursuant to Chapter 9.162 if more than 100 people are employed at the project site. CONAPRVL.071 18 ATTACHMENTS Attachment 1 0 Project Site CASE MAP CASE No. Specific Plan 92-022 and Plot Plan 92-490 (Revised) - Jefferson Square z � u 5 r to Attachment 2 §$9lil" $ggr 1 it �t �ii Hilt MJ CD c- Z ^NJ N c� W W W � t� c m us. bolas w a�rwrjn•».M . lift �• 1, t � ��' 1, � �-1\ ���•\�\\�\�\� �\\SAP,\1 � I � .� •t. � . .. ,..., III r J-tlr�4+l�fi p9 Toyl �p - ' r•',ti"t-2, I wj I a a a 0 a IL 2 0 m U L' L i I Z J �rI C: � <'. N � . +•7 ems' W L � i �f: i c L 1�'iic%ia � Hu�r'st Ar �zitect ' Planning Department, City of La Quita. Attn. Greg Trousdell. Associate Planner RE. Specific Plan 92-022 Plot Plan 92-490 Attachment 3 JAN. 11, 1995 P1kMtJIFG a7tPA;.1PQ9FNi Dear Greg; Another year has passed and I find myself in the position to request an additional one (1) year extension for the approved Specific Plan 92-022, and Plot Plan 92-490; specifically known as " the Jefferson Square Factory Outlet Center"; located at the corner of Highway SR 111 and Jefferson Street: The property, this past year, has been in the realm of changing owners/ developers, and because of that instablity no one was ready to forge ahaed with the development of the project. The Developers and Land Owners do realize that the project property retains more . value and would be easier to continue to develop with the approvals as now in place intact. It is for this that I am directing this letter of request for extension to you at this time. I am including with this request the required property owners list and mailing labels as you requested (300 ft radius) and the required fee for the processing of this request for extension. Thank you for your attention and patience in this matter I await your reply. $k ely; MICHAEL HURST,-ARCHI CT PO BOX 1362 PALM DESERT, CA. 92261. Pest CF1ce ?cx 1362. • PaIrn Desert, CA 92261 1 EMUN` RILY FUND FINANEIAh SERVIEES ING. P. 0. Box 1544 Rancho Mirage, to 92270 (619) 568-4460 June 16, 1995 Attn: Greg Trousdell Associate Planner City of La Quinta Planning Department 78-495 Calla Tampico P.O. Sox 1504 La Quinta, CA 92253 Attachment 4 RE: Jefferson Square Factory Outlet - Plot Plan 92-490 request for 2nd time extension Dear Greg: This letter is to serve as an explanation and reason for requesting the additional extension for the above named project. As explanation; there has been in the past year various owners change of hands on the property foi the project mentioned. That situation has basically been solved but, we need additional time to put the financing and leasing program back on track. Also, the misunderstanding about the fee was a surprise. We would also request that you postphone the processing of the request until the end of June, 1995 This would give us the opportunity to coordinate. Thank you for your attention and patience in this matter. Regards, Michael Conway Vice President cc: M. Hurst MEMORANDUM TO: Greg TrousdeIl Associate Planner FROM: David M. Cosper Public Works Director/City Engineer DATE: March 29, 1995 Attachment 5 SUBJECT: Plot Plan 92-490 (Revised); time extension #1 t ..1995 1i CITY OF LA OUINTA PLANNING DEPARTMENT The Public Works Engineering Department requests the following revisions to the conditions of approval of the referenced development. 1. Replace Condition No. 30 with the following: 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. Any proposal to direct drainage to the Whitewater Storm Channel shall be approved by the Coachella Valley Water District prior to its consideration by the City Engineer. 2. Insert the following as the second paragraph of Condition No. 39: The applicant shall perform a detailed traffic study as required in the Caltrans letter dated October 15, 1992. If the study indicates that a signal will be warranted at the Jefferson Street access at Vista Grande, the applicant shall be responsible for design and construction of the signal. 3. Replace Condition No. 53 with the following: The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 4. Replace Condition No. 54 with the following: 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. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed bythe 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. 5. Replace Condition No. 57 with the following: 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, parking lots, and water and sewer plans. Combined plans including water and sewer improvements 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. The City may maintain digitized standard plans for elements of construction. For a fee established by City resolution, the developer may acquire 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. FB/fb Attachment 6 Agency Comments a ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (619) 398.2651 DIRECTORS OFFICERS TELLIS CODEKAS, PRESIDENT THOMAS E. LEVY, GENERAL MANAGER -CHIEF ENGINEER RAYMOND R. RUMMONDS, VICE PRESIDENT BERNARDINE SUTTON, SECRETARY JOHN W. McFADDEN OWEN MCCOOK, ASSISTANT GENERAL MANAGER DOROTHY M. NICHOLS Aril 21, 1995 REDWINE AND SHERRILL, ATTORNEYS THEODORE J. FISH p City of La Quinta Planning Commission Post Office Box 1504 La Quinta, California 92253 Gentlemen: File: 163.1 f..d r. �p r; Subject: Plot Plan 92-490, Specific Plan 92-022, Portion of the Northeast Quarter of Section, 29, Township 5 South, Range 7 East, San Bernardino Meridian We have reviewed the conditions of approval for the above project and have found it lacking several district requirements stated in our letter dated October 2, 1992, copy enclosed. In our previous letter the district stated conditions for domestic water, sanitation, stormwater and irrigation drainage. Perhaps the most important issue facing this development is our requirement for concrete slope protection along the Coachella Valley Stormwater Channel. The proposed development is along an outside bend in the stormwater channel. Without slope protection, the bank of the channel will continue to erode and cause the development to be at risk. Slope protection must be provided. Please have the developer contact the district regarding specific design requirements. Drainage plans which discharge into the Coachella Valley Stormwater Channel shall be submitted to the district for review and approval. Nuisance water will not be allowed to drain into the Coachella Valley Stormwater Channel. The developer shall provide adequate access to the district's Jefferson Street Lift Station located at the northeast corner of the site. Grading plans pertaining to the access of the lift station shall be submitted to the district for review and approval. TRUE CONSERVATION USE WATER WISELY City of La Quinta -2- April 21, 1995 Plans for landscaping, irrigation and grading shall be submitted to the district for review. This is for ensuring efficient water management. If you have any questions please call Joe Cook, planning engineering, extension 292. Yours very truly, Tom Levy General Manager -Chief Engin er JEC:lmf/e7/pp92-490 Enclosure/l/as -* ATEI� ESTABLISHED IN 1918 AS A PUBLIC AGENCY °1-STRIC"I COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (619) 398.2651 DIRECTORS OFFICERS TELLIS CODEKAS PRESIDENT THOMAS E. LEVY. GENERAL MANAGER CHIEF ENGINEER RAYMOND R RUMMONDS. VICE PRESIDENT BERNARDINE SUTTON SECRETARY JOHN W McFADOEN October 21992 OWEN McCOOK. ASSISTANT GENERAL MANAGER , DOROTHY M. DE _AY REDWINE AND SHERRILL. ATTORNEYS THEODORE J. FISH File: 0163.1 GO /r t-w n `r F6fr76.tij g Planning Commission I'1R1�fIId�t3cl'R,mm�.< City of La Quinta Post Office Box 1504 La Quinta, California 92253 Gentlemen: Subject: Specific Plan 92-022, Portion of the Northeast Quarter of Section 29, Township 5 South. Range 7 East, San Bernardino Meridian This area is protected from stormwater flows by the Coachella Valley Stormwater Channel and may be considered safe from stormwater flows except in rare instances. This area is designated Zone X on Federal Flood Insurance rate maps which are in effect at this time. There may be erosion of the banks of the Coachella Valley Stormwater Channel during periods of unusual rainfall and discharge. The developer shall construct concrete slope protection cn the bank of the stormwater channel to prevent erosion. Plans for concrete slope protection shall be submitted to the Coachella Valley Water District for review. A portion of this area is adjacent to the right-of-way of the Coachella Valley Stormwater Channel. We request that the developer be required to install suitable facilities to prohibit access to this right-of-way. The developer shall obtain an encroachment permit from the Coachella Valley Water District prior to any construction within the right-of-way of the Coachella Valley Stormwater Channel. This includes, but is not limited to, surface improvements, drainage inlets, landscaping, and roadways. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. TRUE CONSERVATION USE WATER WISELY Planning Commission -2- October 2, 1992 The district will need additional facilities to provide for the orderly expansion of its domestic water system. These facilities may include wells, reservoirs and booster pumping stations. The developer will be required to provide land on which some of these facilities will be located. These sites shall be shown on the tract map as lots to be deeded to the district for such purpose. This area shall be annexed to Improvement District No. 55 of Coachella Valley Water District for sanitation service. Plans for grading, landscaping, and irrigation systems shall be submitted to Coachella Valley Water District for review. This review is for ensuring efficient water management.. The ar;a is within Improvement District No. 1 of the Coachella Valley Water District for irrigation water service. Water from the Coachella Canal is available to the area. The developer shall use this water for landscape irrigation. If you have any questions please call Bob Meleg, stormwater engineer, extension 264. Yours very truly, �52 Tom Levy General Manager -Chief Engineer RF:kf/ed4 cc: Don Park Riverside County Department of Public Health 79-733 Country Club Drive, Suite D Bermuda Dunes, California 92201 ?:P r ' COACHELLA VALLEY WATER DISTRICT �1 POWER 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 March 30, 1995 Mr. Greg Trousdell, Associate Planner Community Development Department City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Dear Mr. Trousdell: RE: Plot Plan 92-490, Jefferson Square Located on N/W Corner of Jefferson Street and Highway 111 After reviewing the plans described above, it has been determined that this project will significantly impact the electric service to the area. The cumulative impact of projects of this size is to increase the electrical demand on Imperial Irrigation District's (IID's) existing facilities at peak loading periods. This added demand results in the need for additional generation, transmission, substation, and distribution facilities. This will directly impact power rates in the IID's service area and may result in higher electric rates in future years. A copy of IID's Developer's Information Letter and Developer's Fact Sheet are enclosed to assist the developer in successfully meeting electrical requirements. Please pass this information along to the developer with our comments so he or she may consider these requirements in the early planning stages. If we may be of further assistance, please contact me at 398-5854 or John Salas at 398-5834. Sincerely, f THOMAS F. LYONS, P. E. Engineer, Senior TFL:rg V tRl 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 Owner(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. Note 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 -2- September 15, 1994 It is the responsibility of the Owner(s), Developer(s) or Contractor to supply and maintain all necessary safeguards and to insure a safe working environment during and after the construction and/or installation of the underground power system. It is the District's policy to occupy and energize only those portions of the system for which a written service request has been made and all line extension charges and connect fees have been paid. Only those portions of the system which are actually occupied and energized by the District will be released from the Owner's or Applicant's responsibility. The Owner(s) or Developer(s) shall continue to be responsible for the maintenance, repairs, safety, corrections, and the liability for the balance of the unoccupied and unenergized portions of the power system, until such time that the District takes possession. Any portion of an existing underground system installed in advance of service needs by the Owner(s) or Developer(s), but not occupied and energized by the District, shall require a full and complete reinspection. The District will not establish construction and/or cable installation schedules in advance of this requirement. Upon completion of the duct and vault system and acceptance of the installation as meeting the District's standards for installation conformance only, the Owner(s) or Applicant will transfer an unencumbered ownership of all such facilities, except conduits, vaults and enclosures that are on, within or a part of a building or structure, or that are not occupied and energized by the District. During the initial review of any project, the District may determine that special service condi'ions exist due to one or more of the following conditions: 1. Determined by the District that existing distribution and/or transmission facilities do not have the capacity to serve said project. 2. Special or additional right-of-ways or easements may be required to serve said project. 3. Special voltage and/or load demands could be imposed on existing facilities by the project. In which case the Owner(s), Developer(s) or Applicant would be required to: 1. Provide a two -acre substation site at a location determined by the District. 2. Provide any additional right-of-ways or easements that the District determines will be necessary to provide electrical service to said project. Developer's Letter -4- September 15, 1994 Please note that the District requires that the Owner(s), Developer(s) or Contractor for a development project within the District's service area are required to provide the following items to the Engineering and Distribution Department- having jurisdiction in the project service area: 1. Be advised that Items 3 through 8 and Item 10, are to be provided in AutoCAD Format up to and including Rev. 12, and submitted to the District on a standard 5-1/4" mini -floppy disk (double sided/high density/double track) or a 3-1/2" micro - floppy disk (double sided/high density/double track). State Plane Coordinates may be obtained for Imperial County from the County of Imperial or from the Imperial Division of the Imperial Irrigation District — Power Department, (Distribution Units). Please note that this service is not available in the Coachella Valley Power Division of the Imperial Irrigation District. If this CAD media is not available or cannot be provided by the Developer or Applicant, then hard copy maps/plans and drawings will be accepted by the District for design study but under the following conditions: A. Plans and other drawings required by IID for Commercial and Housing Developments not submitted as AutoCAD drawings may delay the District's project development drawings to the Applicant by 90 days or more. B. AutoCAD drawings that cannot be utilized due to lack of same scale for all components, or lack of detail required for designing the requested power system, or the lack of state plane coordinates for all details tied down to at least one commonly known benchmark, or lack of correct dimensions on landbase details, or extensive use of single layers that have all pertinent text, as well as multiple drawings on one layer. 2. One copy of approved Street Lighting plan similar to conditions in Item 1 above. Note: In the Distftt's Riverside County service area, the Developer will submit lighting proposals, first to the County of Riverside and then to Imperial Irrigation District, Power Department for approvals. 3. Water, sewer and drainage plans. 4. Street improvement plans. 5. Precise grading and landscaping plans. 6. Plot plans with buildings shown. 7. Parcel and overall project map with phasing. 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. DATED: BY: SUPERINTENDENT, GENERAL COACHELLA VALLEY POWER DIVISION (( For Riverside County areas)) SUPERINTENDENT, GENERAL IID POWER CONSUMERS SERVICES (( For Imperial County areas)) Developer's Letter -6- September 15, 1994 If the map has been approved or recorded in advance of this requirement, then the Owner(s) and/or Developer(s) shall advise the District of same and other easement arrangements shall be made with the Owner(s) or Developer(s) to obtain said easements. Any easement requirements over and above that stated, herein, will be requested by separate notice during the project scoping study or as soon as the need is apparent. NO FINAL PRINTS FOR OVERHEAD AND/OR UNDERGROUND POWER FACILITIES WILL BE ISSUED TO THE DISTRICT'S CONSTRUCTION FORCES, UNTIL SUCH TIME THAT THE DISTRICT'S ENGINEERING DEPARTMENT HAS RECEIVED FIVE -FULL SIZE COPIES OF THE RECORDED TRACT AND/OR PARCEL MAP WITH ITS ASSOCIATED TITLE SHEET(S) WHEN APPLICABLE. PROJECT SERVICE SCHEDULE Application for electrical service(s) to proposed project (Imperial Irrigation District Business Office). 2. Requirements of Developers Information Letter completed. 3. Conduit drawings by Imperial Irrigation District completed and mailed to Developer or Contractor (60 days typical). 4. Cable Charges prepared and mailed to Developer or Contractor when available. 5. Cable Charges paid. NOTE: Further scheduling will not occur until Item 5 is completed . 6. Cable drawings prepared and material ordered (45 days typical). 7. Underground conduit system installation completed and approved by Imperial Irrigation District Inspector. 8. Imperial Irrigation District work order released to Construction Department for scheduling (45 days typical). 9. Start construction as per scheduled date. 10. Construction completed. DATE COMPLETED 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 Quinta, California 92253-1080 Issued By: Telephone: (619) 398-5854 Section or Un Fax Number: (619) 391-5999 Received By: Owner, Developer and/or Agent IMPERIAL VALLEY AREA WERIAL IRRIGATION DISTRICT Date Issued:, 333 East Barioni P.O. Box 937 Cmperial, CaMornia 922.51-0937 Issued By: Telephone: (619) 339-9182 Section or Un Fax Number: (619) 339-9140 Received By: Owner, Developer and/or Agent /2" Developer's Letter -8- September 15, 1 ! EXHIBIT "All 1/2" .................................... 1. ..4. ............................. RECORDING REQUESTED BY: IMPERIAL IRRIGATION DISTR No Recording Fees Required Per Government Code: Section 27383 AND WHEN RECORDED MAIL TO: REAL ESTATE SECTION IMPERIAL IRRIGATION DISTRICT P.O. BOX 937 IMPERIAL, CALIFORNIA 92251 TOP OF FORM 2-3/4 INCHES 5 INCH 1/2" FROM EDGE OF FORM - ON ALL SIDES OF THE FORM SPACE ABOVE THIS LINE FOR RECORDER'S USE PROJECT LEGAL DESCRIPTION INCLUDING TRACT No., PARCEL No., OR RECORD OF SURVEY No. INDEMNIFICATION STATEMENT "IT IS ACKNOWLEDGED AND UNDERSTOOD BY THE PARTIES HERETO, THAT THE OWNER(S) AND DEVELOPER(S) OF THE HEREIN ABOVE DESCRIBED PROPERTY OR DEVELOPMENT PROJECT. SHALL FULLY RESPONSIBLE FOR THE CONDITION, SAFETY, MAINTENANCE AND REPAIRS, AS WELL REQUIRED CORRECTIONS, AS TO ALL UNOCCUPIED AND UNENERGIZED COMPONENTS OF PERMANENT OR TEMPORARY ELECTRICAL SERVICE DISTRIBUTION FACILITIES, BOTH ON AND OFF CONSTRUCTION OR PROJECT SITE, WHERE SUCH SYSTEMS AND FACILITIES ARE REQUIRED TO CONSTRUCTED OR INSTALLED BY THE OWNER(S) OR DEVELOPER(S). THIS RESPONSIBILITY V CONTINUE UNTIL SUCH TIME THAT THE SYSTEMS AND FACILITIES HAVE BEEN ENERGIZED BY ' DISTRICT. THE OWNER(S) OR DEVELOPER(S)INDEMNIFIES THE DISTRICT AND HOLDS THE DISTF HARMLESS FROM ALL DAMAGE CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR BODILY INJI OR PROPERTY DAMAGE RELATING TO OR ARISING AS A RESULT OF THE INSTALLATION OF S FACILITIES, UNTIL THEY HAVE BEEN ENERGIZED BY THE DISTRICT. THE INDEMNIFICATION INCLUI THE DISTRICT'S COSTS OF DEFENDING ANY APPLICABLE CLAIMS, INCLUDING REASONA ATTORNEY'S FEES." IN WITNESS WEREOF, said Grantor _ ha hereunto affixed signature this day of 19 GRANTOR -GRANTORS ( Example 1.) H.K.Porter Company A Limited Partnership By: R4kV ,S. gwe' t .52- Principle Partner and President ( Example 2 ) ............................................................... Owner IMPERIAL IRRIGATION DISTRICT _ Developer's Fact Sheet Your Project The staff of IID realizes how important your project and meeting your deadline is to you and the company you represent. This fact sheet is designed to answer questions most commonly asked by developers, such as yourself, and assist you in meeting your goals. If you need more information, however, the staff at IID will gladly assist you. Initial Meeting Normally, the developer and IID staff meet to get acquainted and familiarize themselves with important elements of the project such as: the size of the development, load information, the route for service, streetlights, and substation and equipment needs. To plan for this meeting, it is a good idea to bring your preliminary plans and load information so we may analyze your project. You may even want to provide us with a copy of your plans in advance. With this information, we can determine if we have adequate capacity to fill your needs and those of existing and future customers in the surrounding area. Customer Service Proposals (CSPs) It is also advisable to visit our Consumers Service Office and sign up for service as soon as possible. Our staff there will ask general information about your project, such as the name of the development, tract and phase numbers, addresses and amount of horsepower you will be using. If you are requesting service to several residences or commercial buildings, please bring a list of addresses with you. We will issue one CSP or multiple CSPs based on your request. It is a good idea to obtain a copy of your CSP in the event you need to inquire about its status. We use the CSP number as a means of tracking your project. We will then forward this information to the Engineering Section where an engineer or distribution estimator will be assigned to your project. He or she is responsible for designing the layout of conduit, estimating the cable charges and compiling a list of materials needed to complete your job for the line crews. Once this is completed, the "work order" is released to the Construction Section where it will be scheduled for actual construction work. Please keep in mind that there is approximately a six-month period between the time we initiate a CSP and the time the crews begin construction. So please come in to sign up for service as soon as possible. Construction Charges & Scheduling The engineer or estimator assigned to your project is responsible for calculating construction charges. These charges are based on required material and manhours. The Consumers Services Office will mail a letter to you advising you of these charges. All charges must be paid before the wiring layout is completed, materials are ordered, and our construction crews are scheduled to begin work. If your project has completed the engineering phase and you would like to know when it is scheduled for construction, please contact Work Order Control at (619) 398-5834. Please have your CSP number handy. Underground Conduit The developer, owner or contractor is responsible for installing the underground conduit and vault system --at his or her expense. These underground systems include: • padmount transformers • switches • street lighting systems (if necessary) Developer's Fact Sheet Page 2 of 2 Conduit requires an inspection and mandreling before III) can accept or occupy the system. We have a Power Inspector on staff who is available to inspect these systems during installation or assist with mandreling. Please contact us at (619) 398-5854 to schedule an inspection or mandrel assistance at least 48 hours in advance. Easements Padmount transformers and switches must be located within a ten -foot easement adjacent to all public and private streets and parking lots. Easements must be cited on the final tract map title sheets, and original easements must be signed by an III) representative before recording. Details about preparing easements are included in the Developer's Information Letter. Substations For certain projects, IID may require that the owner or developer donate a piece of land to build a substation that will serve your project and surrounding customers. IID staff will assist you in finding the most logical location for this substation. Details of this substation, if needed, may be obtained by your project engineer or estimator. We strongly recommend that this be done in the early stages of the project. Clearance and Access To ensure the safety of our personnel during maintenance and operation of padmount facilities, we require a ten -foot area surrounding these facilities to be free of trees, bushes and other encumbering landscaping. We must also have around -the -clock access to our facilities for maintenance and emergency purposes. If IID facilities are located within a gated or secured area, we will require the developer equip unstaffed gates with Knox locks. Please call Consumers Service at 398-5841 for information on how to obtain these key -activated control devices. Before you dig ._. Before you begin ground excavation, please contact Underground Service Alert (USA). This service is free of charge, however, USA does require at least two working days' notice. Please call toll free at 1-800-422-4133. USA will notify all utilities in the area about your need to have their underground services located. Overhead Dangers Please remind your construction crews to check for overhead wires before using any cranes, forklifts, or other equipment that may come in close proximity with overhead power lines or equipment. Please contact the Engineering Section at 398-5854 for information about state -required clearances. Other Assistance IID's Developer's Information Letter will provide you with details on submitting your project drawings, preparing easements, and other vital information. Please request one from the Engineering Section if you do not already have one. We strive to make this experience a positive one for our customers. Should you run into problems or have a change in plans, please let us know immediately. We will gladly assist in any way we can. You may write, visit, phone or fax us as indicated below. Office hours are Monday through Friday from 8:30 a.m. to 1:00 p.m. and 2:15 p.m. to 4:45 p.m., except holidays. Appointments are recommended. Imperial Irrigation District 81-600 Avenue 58 - P. O. Box 1080 La Quinta, CA 92253-1080 Engineering: Phone (619) 398-5854 or Fax 391-5999 Consumers Service: Phone: (619) 398-5841 or Fax 398-5893 Construction: Phone: (619) 398-5886 or Fax 398-5875 PH *2 STAFF REPORT PLANNING COMMISSION DATE: SEPTEMBER 26, 1995 CASE NO.: PLOT PLAN 95-565 APPLICANT: KSL PGA WEST CORPORATION REQUEST: APPROVAL OF ADDITIONAL DESIGN SCHEMES FOR THE ELEVATIONS OF THE RECENTLY APPROVED RYDER (FORMERLY DORAL), HERITAGE, AND MASTERS COLLECTION UNITS LOCATION: FOR USE POTENTIALLY ANYWHERE IN PGA WEST GENERAL PLAN LAND USE DESIGNATION: LOW DENSITY RESIDENTIAL (TWO TO FOUR DU'S PER ACRE) ZONING: R-2 ENVIRONMENTAL DETERMINATION: THIS PLOT PLAN WHICH IS A PART OF PGA WEST HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS UNDER THE PROVISIONS OF CALIFORNIA CODE SECTION 65457(a). AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED IN CONJUNCTION WITH THE OVERALL "PGA WEST SPECIFIC PLAN" AND CERTIFIED BY THE CITY COUNCIL ON MAY 1, 1984. A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT WAS PREPARED AND ADOPTED AS A PART OF AMENDMENT #1 TO THE "PGA WEST SPECIFIC PLAN" AND CERTIFIED ON SEPTEMBER 20, 1988. THEREFORE, NO ADDITIONAL ENVIRONMENTAL REVIEW IS DEEMED NECESSARY. The City Council at its meeting of June 6, 1995, on appeal, approved the design of the Ryder (formerly Dora[), Heritage, and Masters Collection units within PGA West. In summary, the approval allowed the following: pcss.105 Three floor plans (2,065 to 2,380 square feet), each one with a different facade. Three floor plans (2,598 to 3,443 square feet), each one with a different facade. Two floor plans (4,086 and 4,542 square feet), each one with a different facade. The approved units were subject to the compatibility ordinance requirements. It was determined that the units were compatible in size and architectural style as well as other requirements. This determination was based on the fact that approved units within PGA West varied from 1,290 square feet to 4,830 square feet. Also a variety of architectural units and styles have already been approved and constructed within the project. Attached is an excerpt of the April 25, 1995 staff report which provides details on the previously approved units. The applicants are requesting approval of new design schemes for several elevations of the previously approved units. Additionally, one new floor plan for the Masters Collection is proposed. For most of the units, there have been minor changes to side and rear elevations due to changes in window and door shapes or roof plans. There have also been several floor plan changes for several of the units to increase the floor area. The proposal, for the new units, is as follows: 1. RYDER (FORMERLY DORAL) COLLECTION The Ryder Collection floor plan sizes have not changed. The applicant is adding two new designs to the facades to each of the three floor plans. Additionally, there have been some minor design changes to the side and rear elevation windows and doors, specifically locations, size and number. 2. HERITAGE COLLECTION The previously approved Heritage Collection units are 2,598 square feet, 2,867 square feet, and 3,443 square feet for the 1, 2, and 3 plans, respectively, each unit having a different design treatment. The applicant is now proposing two additional design schemes for each of the floor plans. With these new pcss.105 plans, the square footage increases in a range varying from 3,368 square feet to 4,024 square feet. The variation in sizes is due to changes to the front portion of the house for each unit. The majority of each floor plan is the same as the previously approved plans. There are some side and rear elevation differences again due to the different facades. The tallest structure would be 20-feet 6-inches high which is the plan 2B and 2C. 3. MASTERS COLLECTION The original Masters Collection units are 4,086 square feet and 4,542 square feet for Plans 1 and 3 respectively, each with its own design scheme. Plan 1 is shown at 4,127 square feet with Plan 3 at the original size. The applicants are proposing a new floor plan at 4,280 square feet. This unit will be a four bedroom, 4-1/2 bath unit with a roll -up garage door. The applicants are proposing to add two new design schemes to Plan 1. One new facade treatment to Plan 3 while modifying the original facade slightly. New Plan 2 would have facade treatments. The tallest unit in this Collection will be 21-feet, 6-inches which is the Plan 3B. All of the proposed units maintain the design and materials typical of Mediterranean period prevalent within PGA West. The material and color sample board which was previously approved will also be used for these units. Exterior materials will consist of light earth tone stucco colors, light to medium wood stain colors for exposed beams, rafter tails, garage doors, etc. and terra cotta Spanish roof tile. All garages will utilize metal roll up doors. As noted, these floor plans were originally approved by the Planning Commission and City Council earlier this year. This request is to allow further variation in the architectural design scheme along with one new floor plan (Masters, Plan 2). The previous approval was deemed compatible with the existing PGA West units. Staff feels that the units are acceptable. The following findings can be made to warrant approval of this request: 1. The architecture of the proposed units will be compatible with existing and recently approved June, 1995) units in that these units propose materials and design typical of the Mediterranean period, existing within PGA West. 2. The units are in compliance with the development standards for the compatibility review process in that the architectural style, color, materials are pcss.105 compatible, and the unit sizes will not deviate more than 10% from the square footage of the existing or approved units. 6y Minute Motion 95- approve Plot Plan 95-565, subject to the attached conditions. Attachments: 1. Excerpt from April 25, 1995, staff report for PP 95-552. 2. Reduced copy of Heritage and Masters Collection exhibits. 3. Plans and exhibits (large copies for Planning Commission only) pcss.105 CONDITIONS OF APPROVAL - RECOMMENDED PLOT PLAN 95-565 KSL PGA WEST CORPORATION SEPTEMBER 26, 1995 1. This approval allows the construction of the following units: A. RYDER COLLECTION Plan 1 B and 1 C - 2,065 square feet Plan 2A and 2C - 2,300 square feet Plan 3B and 3C - 2,380 square feet B. HERITAGE COLLECTION Plan 1 B - 3,368 square feet Plan 1 C - 3,316 square feet Plan 213- 3,549 square feet Plan 2C - 3,547 square feet Plan 3A and 3C - 4,024 square feet C. MASTERS COLLECTION Plan 1 A and 1 B - 4,127 square feet Plan 2A and 2B - 4,280 square feet Plan 3B - 4,542 square feet 2. Prior to issuance of a building permit for any of the units allowed by this approval, final working drawings for the structures shall be submitted to the Community Development Department for approval. 3. All units shall have a minimum garage size of at least 20 feet by 20 feet clear inside dimensions. 4. All side and rear windows and doors shall have a stucco popout or window recess which is a minimum four -inches in depth. Conaprv1.338 Conditions of Approval - Recommended Plot Plan 95-565 KSL PGA West Corporation September 26, 1995 5. No air conditioners shall be located within the side yard areas of five feet or less. A setback of a minimum 10-feet between the rear property line and any patio cover shall be maintained. If the distances are between 10-feet and 5- feet, setback adjustments as required shall be filed and approved by the Community Development Department. 6. Minor deviations in size, material, architectural style or treatment shall be approved by the Community Development Department. Conaprv1.338 PH #'2 ATTACHMENT 1 STAFF REPORT PLANNING COMMISSION MEETING DATE: APRIL 25,1995 CASE NO.: PLOT ;PLAN 95-552 APPLICANT: KSL - PGA WEST CORPORATION REPRESENTATIVE/ PLANNER: FORREST HAAG REQUEST: APPROVAL OF SALES CENTER AND MODEL COMPLEX AND EIGHT NEW MODEL UNITS LOCATION: SALES CENTER AND MODEL COMPLEX ON THE WEST SIDE OF PGA BOULEVARD, SOUTH OF THE TENNIS COMPLEX WITH THE NEW UNITS POTENTIALLY ANYWHERE WITHIN PGA WEST GENERAL PLAN LAND USE DESIGNATION: LOW DENSITY RESIDENTIAL (2-4 DU/AC) ZONING: R-2 ENVIRONMENTAL DETERMINATION: THIS PLOT PLAN WHICH IS A PART OF PGA WEST, HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS UNDER THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65457(a). AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED IN CONJUNCTION WITH THE OVERALL "PGA WEST SPECIFIC PLAN" AND CERTIFIED BY THE CITY COUNCIL ON MAY 1,1984. A SUBSEQUENT EIR WAS PREPARED AND ADOPTED AS PART OF AMENDMENT #1 TO THE PGA WEST SPECIFIC PLAN AND CERTIFIED ON SEPTEMBER 20, 1988. THEREFORE, NO ADDITIONAL ENVIRONMENTAL REVIEW IS DEEMED NECESSARY. BACKGROUND: The original specific plan for PGA West was approved in 1984, and as amended, provides for four 18- hole golf courses, a maximum 5,000 single family residences, a 1,000 room hotel, and other related resort facilities on approximately 1,700 acres. Since that time, two smaller specific plans which would be a expansion of PGA West have been approved adding 1940 units on 485 acres. To date, approximately 1560 building permits have been issued for residential units. . PCST.215 Project Proposal This application consists of two sub -requests. The first is to approve a new model complex and sales office adjacent to PGA West Boulevard south of the Tennis Complex and north of the Nicklaus Private course entrance. The second request is for approval of three new series of homes for construction within PGA West. Sales Center and Model Complex The sales center and model complex will consist of nine units of which one will utilized for the sales center. Off-street parking for 29 cars is provided in a parking lot at the front of the complex. Access to this model complex will be provided at PGA Boulevard adjacent to the southeast corner of the Tennis Complex. The applicant is proposing to provide a new median break in the existing median to allow left turn in and out access. Trap fences will be provided around the fronts of the models to guide pedestrian traffic. A 12-foot wide walkway with emergency access gates in the trap fence will be provided for fire or emergency access to the units at the extreme ends of the complex. New Production Units The applicants are requesting approval of three new production series ranging in size from 2,065 square feet to 4,542 square feet called the Doral Collection, the Heritage Collection, and the Masters Collection. The Doral and Heritage Collections will each have three different floor plans with the Masters Collection having two different floor plans. The applicant indicates that the Doral Collection is designed for a lot of approximately 55-feet wide by 130-feet deep. The Heritage Collection is designed for a lot of approximately 70-feet wide by 130-feet deep while the Masters Collection is designed for a lot of approximately 95-feet wide by 130-feet deep. A description of each series is as follows: DORAL COLLECTION PLAN # SIZE BEDROOMS BATHS GARAGES HEIGHT # OF EXTERIOR ELEVATIONS 1 2.065 3 3 2+ CART 1816" 1 2 2,300 3 3 2+ CART 16, 1 3 2,380 3 3 2+ CART 17' 1 PCST.215 2 HERITAGE COLLECTION PLAN # SIZE BEDROOMS BATHS GARAGES HEIGHT # OF EXTERIOR ELEVATIONS 1 2.598 3 3 2+ CART 19' 1 2 2,867 3 3 2+ CART 20' 1 3 3,443 4 4 2+ CART 20' 1 MASTERS COLLECTION PLAN # SIZE BEDROOMS BATHS GARAGES HEIGHT # OF EXTERIOR ELEVATIONS 1 4,086 4 4% 3 1916" 1 3 4,542 4 1 4% 3 20'6" 1 The exterior materials proposed for each of the units includes light earth tone stuccos, light to medium wood stains for exposed beams, rafter tails, garage doors, entry doors, etc., and terra cotta Spanish roofing. All garages will utilize metal roll -up doors. Each of the units is a detached single family residence with side yards which would be a minimum of five feet. The Heritage Collection, which has straight -in garages, specifically shows a 20-foot front yard setback. The Masters Collection, which also has a straight -in garage, does not show proposed setbacks. The Doral Collection does not show front yard setbacks. Plan #1 of the Doral Collection provides side -in garages which would allow a 15-foot front yard setback by virtue of the specific plan approval. As shown on the plans, each of the units would have a wrought iron gate which leads into a courtyard of varying sizes. COMPATIBILITY ISSUE: The PGA West Specific Plan project is made up of numerous tentative tract maps which have been approved over the years. Some of the tracts have been completely built out while others have not. Therefore, these units are subject to compatibility review and approval. With regards to unit size, eight different unit series have been approved at different times and constructed over the years varing in size from approximately 1,290 square feet to 4,165 square feet. These units vary from single family detached to single family attached and two story six- and eight-plexes. These units have been built in various areas of the project to date. In September,1990, Sunrise Company, who had built all the units up to the present time, requested and received approval of seven new product series which varied from single family detached to flour-plexes. The size range of these units varied from 1,315 square feet to approximately 4,830 square feet. To date, these units have not been constructed within the project but are approved for use. PCST.215 3 The size range of approved and constructed units within PGA West is presently 1,290 square feet to 4,830 square feet. The units now proposed by the applicant vary from 2,065 square feet to 4,542 square feet which complies with the compatibility provisions. With regards to architectural compatibility, when just considering the units which have been built within PGA West, there is a great variety of Mediterranean/Spanish architecture. As previously noted, the units vary from single family detached to two-story multiple unit structures. Roof tiles vary from curved Spanish tile to flat tiles. The units utilized light neutral stucco colors and wrought iron fencing. Roof styles and pitches vary with most units having little or no roof overhangs. Archways, builtout windows, stucco columns, and pop -outs around windows are typical of many of the units. Existing units which have been constructed have predominately been constructed in groups spread out throughout the project. One series of units is sometimes placed immediately across the street or next to a different series of homes. Furthermore, several custom homes have been constructed. ANALYSIS: With regards to compatibility issues, the size range is within that permitted by the Compatibility Ordinance. With regards to architectural compatibility, as noted there is a vast variety of architectural styles, colors, details, etc. Staff feels that due to this variety, we feel that the proposed units should be considered architecturally compatibility with the existing units. Should the Commission wish to see plans of existing units, they will be available at the meeting. With regards to protection of glass area, all of the units provide significant covered rear patios. The Doral Collection provides roof eave overhangs which vary from as much as three feet to approximately one foot. The Masters and Heritage Collection, for the most part, have stucco covered eaves with very little overhang, except at the front entries and rear as noted above. In most of the units of all the series the windows facing the front yard are recessed or inserted into the building. This does provide additional glass protection. It should, be noted that the PGA West Specific Plan allows a 15-foot setback for side -in garages. The Doral Collection has one unit with side -in garages. The other units will have to be provided with a 20- foot front yard setback. The required rear setback is 10-feet which may have a five foot patio encroachment when adjacent to a common open space if a setback adjustment is granted. Some of the units may need setback adjustments to allow the patio covers shown on the plans. While conceptual landscaping is indicated, additional preliminary landscaping plans showing at least one specimen size tree in the front yard per the Compatibility Ordinance, will need to be provided. To date, this project has always provided well designed landscaping. FINDINGS FOR APPROVAL: 1. The architecture of the proposed units will be compatible with and not detrimental to other existing units within PGA West. PCST.215 4 2. Applicable standards including, but not limited to setbacks, parking, landscaping, site design, and other similar features will be compatible with and not detrimental to other existing units within PGA West. 3. As conditioned, the units will be in compliance with applicable General Plan, Specific Plan, and Zoning Ordinance requirements. i mg'N�i��ir7;1��_1��� Staff feels that the proposed model complex and new units are acceptable and recommends approval by Minute Motion 95- , subject to the attached conditions. Attachments: 1. Location map 2. Comments from City Departments and outside agencies 3. Information submitted by applicant 4. Plans and exhibits 5. Conditions of Approval PCST.215 PGA West Heritage and Masters Collection Compatability Review September 12, 1995 ATTACHMENT A Maximum Height of Structure Plan 1 b & 1 c Plan 2b &2c 19,0" 20V Aproximate Floor Plan Area Plan 1b - 3365 SF Plan 1 c - 3316 SF Plan 2b - 3549 SF Plan 2c - 3547 SF Plan 3a - 4024 SF Plan 3 c - 4024 SF Maximum Height of Structure Plan IA & 1 B Plan 2A & 2B 19'-6" & 20'0" 19'-6" & 2010" Aproximate Floor Plan Area Plan IA - 4127 SF Plan 1 B - 4127 SF Plan 2A - 4250 SF Plan 2B - 4250 SF Plan 3B - 4542 SF ATTACHMENT 2 0 Plan 3a & 3c 20'0" Plan 3 B 21'-6" y-'•Yl�i� l� GL��� ol�l -PL, .t4 1 - ZoG -54z FL,&tJ Z - Z. oaf pl,& K 3 - --). 38 0 5'p Front (elevation b) Front (elevation c) PLAN 1 M PGA WEST IA QUINTA, CAI.IFORNIA THE IILRTTACI: COLLECTION 1'1111 COMPANY Right Left Kear Roof PLAN 1b :2 1'GA WEST IA QUINTA,CAUFORNIA TIIE IIERPfAGE COLLECTION PHH COMPANY Right Left Rear Roof PLAN lc :2 PGA WEST IA QUINTA, CAUrONNIA TIIE HERITAGE COLLECTION PHA COMPANY Tal Front (elevation b) Front (elevation PLAN 2 PGA WEST IA QUINTA, CAIMORNIA THE, IILRITAGE COLLECTION PIIII COMPANY TOO AfLfIfCK u•ew a•-n Right Left Rear FV-Toli PLAN 1 b M PGA WEST LA QUINTA, CAUfORN1A THE llERITAGE COLLECTION P}{t{ COMPANY Two nwnrrcrs Right Left Rear Roof PLAN 2c PGA WEST LA QUINTA, CAUFORNIA THE HERITAGI; COLLECTION PHH COMPANY .y MU�IFCIS • IIMq Front (elevation a) Front (elevation d PLAN 3 :2 PGA WEST LA QUINTA,CALWORNIA TILL IIZRITAGI; COLLLCIION 1,1111 COMPANY APCI�IFCIS Right Left Roof PLAN ]a PGA WEST U QUINTA,CAUrORNIA THE HERITAGE COLLECTION PHH COMPANY 724 �wvncn Right Rear Left Roof PLAN 3c PGA VEST LA QUINTA, CAUrORNIA THE IIERITAGE COLLECTION PHH COMPANY AM I�Ift IS 0 ,--r-----,---------- -------- 1 1 I I � I � I •wno I DBYINO I 1 I I � � I 1 I � GRAND ROOM H IV 1 ------------------------- ENTRY I � , PWDR I I I � I COURTYARD li M HALI I I I I S GUEST/ BEDROOM 1=Not--� PLAN IA 4.127 80./T 0 PGA WEST LA QUINTA, CALIFORNIA ■ THE MASTERS COLLECTION �� PHH COMPANY - ` �Q � 1� a ♦ate • 4a 4It • �� �\���A�� �_ 4a a. m LEFT ELEVATION RIGHT ELEVATION REAR ELEVATION PLAN 1A PGA WEST LA QUINTA, CALIFORNIA ■ THE MASTERS COLLECTION ■ PHH COMPANY � . 4 r , IIOOM I i 1 PLAN 2 4,200 00.lt 0 PGA WEST LA QUINTA, CALIFORNIA ■ THE MASTERS COLLECTION M. PHH COMPANY r I� I�+��;• ��: •. • s a AA►i+♦ r4']iiLw�9Ri+ a7.1\\ev ppl!\ •�I \� ..: yv'�., :_ A �� l'++iiN�►�iirAi►I\.. ee\\\\e�\\�e�•,t RM C w �g\Nej �i�� H r , L 7' MI ®®® I � � LEFT ELEVATION HHB RIGHT ELEVATION REAR ELEVATION PLAN 2A PGA WEST LA QUINTA, CALIFORNIA ■ THE MASTERS COLLECTION PHH COMPANY r� 0 11, LEFT ELEVATION RIGHT ELEVATION REAR ELEVATION PLAN 2B PGA WEST LA QUINTA, CALIFORNIA THE MASTERS COLLECTION s PHH COMPANY r----------- _ ------------------- I 'I I 1 II a I NOOK 1 1 I 1 11_________________ ' -- T ____________ I T I __ I I ' 1 PAbMV I • I �. li MABOO 1 f D=cmcN BEDROOM I I ' I I I 1 I ' I 1 \ 1 .tLq� - - ' BEDROOM/ I 1 ' DENMG I . ...... _.y I HAIR • BATH 2 ..: MDATH \ lMD I 1 � BEDROOM I I I -- O El EI I I 1 EICSRCDi6 1 � I � 1 i I , , 1 I I _-CAR GARAGE I: I I I 1 I 1 1 1 ' t � I I 1 I 1 1 I ' L_____________________________________: BATH I � \ I �1� 1 I ' __ ________-- PLAN 3B 4.542 earl PGA WEST LA QUINTA, CALIFORNIA ■ THE MASTERS COLLECTION `.. PHH COMPANY r A ■ . - •• •• .u�ww•' ww• • �+,►www;w ry►.�aa 1.� i Ln a � � wwtwaw►. �� MR! a• a•.. a w�•�wwana a \ ` a n r �. a�� J � � M w .`\�,`iw•a�wpaNaa f Iµarw6t � •�••ia •�� �� \ Laa�a alPaaaa a.r ' � n ► •I111 •� a fir' _ -: 1a �/'�. H MIT - ELEVATION RIGHT ELEVATION REAR ELEVATION PLAN 3B PGA WEST LA QUINTA, CALIFORNIA ■ THE MASTERS COLLECTION ... PHH COMPANY r 0 BI #1 PLANNING COMMISSION STAFF REPORT DATE: SEPTEMBER 26, 1995 CASE: SPECIAL ADVERTISING DEVICE 95-079 APPLICANT: LA QUINTA CHAMBER OF COMMERCE (MS. EILEEN SAVAN) REQUEST: APPROVAL OF TEMPORARY ADVERTISING FOR THE UPCOMING LA QUINTA MAINSTREET MARKETPLACE EVENTS ON CALLE ESTADO BETWEEN OCTOBER, 1995 TO APRIL, 1996 The La Quinta Chamber of Commerce is requesting approval to install on and off -site advertising (i.e., signs and banner) for the 1995/1996 season. The package is attached (Attachments 1-6) and is similar to past application requests made over the last two years. The applicant is requesting placement of small and large signs with their name and directional information depending on the placement of the sign. Approximately 21 directional signs are proposed within a three mile radius of the event. The signs will be located generally in the right-of-way along the major arterial streets surrounding the Village area. The large port -a -panel sign (50 sq. ft.), will be placed at the southeast corner of Highway 111 and Washington Street, on private property. Additionally, one 3 ft. X 25 ft. banner will be hung across Avenida Bermudas at the Chamber's property, 51-351 Avenida Bermudas, across from the Marketplace. The applicant's outdoor event permit (MTOE 95-098) was approved by staff in August. The City Council approved the street closure permit on September 19, 1995. Section 5.64.020 provides, in part, that permits are to be issued for special purposes, " . . . and not on a continuing basis for permanent advertising or identification purposes," and further, " ... each permit shall be issued for a specific period." PCGT.124 This application request is the same as last year's approval by the Planning Commission. In past years', the Chamber personnel have consistently abided by the conditions imposed by the City. This outdoor event stimulates community involvement and the City encourages this type of activity. By Minute Motion 95- , approve Special Advertising Device 95-079, subject to the attached Findings and Conditions of Approval. Attachments: 1. Letter from Applicant 2. Sign Exhibit Chart 3. Event Schedule 4. DiIrectional Sign Sketch 5. Port -a -panel Sketch 6. Banner Sketch 7. Draft Findings and Conditions PCGT.124 • GEQOFTHE DESERT Attachment 1 CHAMBER OF COMMERCE -5,A,p '9 C., - 6-2 9/6/95 Mr. Jerry Herman Community Development Director CITY OF LA QUINTA P.O. Box 1504 La Quintal CA 92253 Dear Jerry: The Mainstreet Marketplace Planning Committee requests permission to have the following off -site "SPECIAL ADVERTISING DEVICES" approved for the 1995/1996 series. Season dates are attached. All items in this category were approved for last season. BANNER: Last year our Mainstreet banner was tied and anchored to 2 palm trees on opposite sides of Avenida Bermudas and the banner stretched across the street with the sign facing North. This banner hung between the Post Office and the Chamber, next o the City bulletin board and just a few feet south of the Post office driveway. We request the same site location be used again this year. Banner size: approximately 3' x 25'. PORT -A -PANEL: On the SE corner of Highway 111 and Washington (Simon Plaza property) we again would like to have a port -a -panel sign advertising MAINSTREET MARKETPLACE. The sign measures 5 feet x 10 feet, and would be installed and serviced by Fairway Outdoor Advertising. Exposure time is approximately 1 week prior to each event. Dismantling of the sign is a few days after. Exact installation date is subject to their scheduling. For your information, we have secured permission from the property owner to utilize this area. 1TV OF La PLANNING JEPARTIi4E�ip POST OFFICE BOX 255 • 51-351 AVENIDA BERMUDAS 9 LA QUINTA, CALIFORNIA 92253 • (619) 564-3199 FAX (619) 564-311 Attachment 2 Page -2 Special Advertising Devices --Mainstreet Marketplace DIRECTIONAL SIGNS: We have found that posting directional signs from several points out off Highway 111, Fred Waring and Tampico is imperative for Mainstreet patrons unfamiliar with the exact location of the Village of La Quinta. Therefore, we request permission to post directional signs near or adjacent to the following locations. I Corner of Fred Waring & Washington 2 Corner of Miles & Washington 3 Corner of Washington & Hwy 111 Eastbound �i Before the corner of Washington & Hwy 11 going Westbound S Midpoint between Highway 111 & Eisenhower Corner of Eisenhower & Washington -7 Midpoint between Eisenhower & 50th 'y Corner of 50th & Washington T Midpoint between 50th & Tampico to Corner of Tampico & Washington /i Corner of Tampico & Desert Club i+- Corner of Bermudas & Tampico i% Jefferson & 50th 1�o 50th & Park (near B&G Club) 14, 50th & Washington (directional turn) /p Miles & Seely i7 Miles & Washington (directional turn) /I Fred Waring & Las Vista (near LQ Highlands) /Y Fred Waring & Washington (directional turn) These signs would be posted no earlier event and brought down at the close of or no later than the following Monday. Thank you for y ur consideration. Eileen Savan EES:s Attachment(1) than 1 day prior to each the event that evening 4 • GEM OF THE DESERT Attachment 3 CHAMBER OF COMMERCE LA QUINTA`S MAINSTREET MARKETPLACE 1995/1996 SEASON Friday, October 6, 1995 Return to the Sixties Friday, November 3, 1995 Country & Western Night Friday, December 1, 1995 Christmas in La Quinta Friday, February 23, 1996 All About Jazz Friday, March 29, 1996 Sports Night Friday, April 26, 1996 Swing Night For event information, please call the La Quinta Chamber of Commerce at 564-3199. POST OFFICE BOX 255 • 51-351 AVENIDA BERMUDAS • LA QUINTA, CALIFORNIA 92253 • (619) 564-3199 FAX (619) 564-31' a %rectior)C)Q S �G� Attachment 4 LA QUINTA'S MAINSTREET MARKETPLACE 21 1 - L14 CITY 7 LA QU."JA L._!LINIII,'l,'i'.VE Iff ICI D - , VA , v' - ; - - v - v I- I � ... - r Attachment 5 .C-Xlu C- swoop 0 Olt Ee. cn N I , v 07�.gl ) Attachment 6 C vi VN vemw 09/11i94 07:50 U619 7769844 SICNARAMA 002 0 0 (D D i? � Po z hood (Di I® v o m� n o PON U) rT \� D z C7 v <W U I IA \ V� T � Attachment 7 CONDITIONS OF APPROVAL - RECOMMENDED SPECIAL ADVERTISING 95-079 LA QUINTA CHAMBER OF COMMERCE SEPTEMBER 26, 1995 FINDINGS: 1. The sign application request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15311 (Subsections A and C). 2. The signs are temporary; therefore, the impact to existing businesses and traffic will be minimal. Additionally, the signs are small and well designed. 3. The temporary signing request, as conditioned, will meet the provisions of Chapter 5.64 of the Municipal Code in that the advertising is needed for this special function and will not be detrimental to the General Plan or any other official City regulations. CONDITIONS: 1. The applicant shall obtain an encroachment permit from the Public Works Department before placement of any advertising device(s) within the right-of-way. No advertising device shall be located within three feet of the edge of pavement or six feet from the street curb. The directional signs shall not interfere with vehicle or pedestrian traffic or reduce vision clearances for motorists. 2. No additional signs or sign changes shall be allowed unless approved by the Community Development Director. 3. The applicant shall obtain written approval from all private property owners if a sign is placed on their property. 4. The small, off -site directional signs can be installed one day before each day's event and must be removed within five days after closure of the event. 5. The temporary banner can be installed 48 hours before each of the six events and shall be removed within 24 hours after the event. 6. The port -a -panel sign at Washington Street and Highway 111 can be installed one week before each event and shall be removed within seven days. The sign shall be placed a minimum distance of 50-feet from each street. BI #2 STAFF REPORT PLANNING COMMISSION DATE: SEPTEMBER 26, 1995 CASE NO.: SPECIFIC PLAN 84-004 (RANCHO LA QUINTA) REQUEST: APPROVAL OF TWO NEW UNIT TYPES IN COMPLIANCE WITH THE ADOPTED SPECIFIC PLAN (I.E., TERRAZA AND PALACIO UNITS) LOCATION: RANCHO LA QUINTA DRIVE (ATTACHMENT 1) APPLICANT: MR. GRADY SPARKS, SPARKS CONSTRUCTION PROPERTY OWNERS: T.D. DESERT DEVELOPMENT ARCHITECT: PEKAREK/CRANDELL, INC. BACKGROUND: General The City originally approved the current Rancho La Quinta project area as The Groves Specific Plan (most recently know as The Pyramids before Rancho La Quinta) in 1984. The development, when completed will include approximately 1,500 single family homes, 80 guest cottages, and two 18-hole golf courses. The prior owner built the existing golf course before T.D. Desert Development acquired the property. On August 24, 1993, T.D. Desert Development obtained approval to build five different style family homes in the development as follows: 1. A Casitas duplex with units containing 1,425 and 1,650 sq. ft. 2. A Hacienda with garden bedroom containing 1,816 sq. ft. 3. A Hacienda containing 2,180 sq. ft. with a detached garden bedroom. 4. An Enstancia containing 2,750 sq. ft. 5. An Enstancia containing 3,000 sq. ft. with a detached garden bedroom. STAFFRPT.048 Please note the developer has changed the names of the existing model units to Rancho (2040 was #2), Rancho (2235 was #3), Hacienda (2940 was #4) and Hacienda (3265 was #5). The reason this change was necessary was because the applicant purchased and incorporated the original Orchard project (Tract 26524 and PM 26525, estate lots) on the south side of Avenue 50 into their sales program. They now call this 47-lot area The Estancias. Except for the duplex unit that has a two -car garage, each has a detached two -car garage, with a golf cart space. Detached garden bedrooms for the 2,180 and 3,000 sq. ft. units are located between the main house and garage unit. The project architecture typifies the Mediterranean period. All houses are one-story with approximately 90 homes built in the last year. In June of this year, the applicant processed an amendment to replace the Casitas duplex with a larger unit(s). The duplex is 1,719 and 1,948 sq. ft. and has a two -car garage for each unit. The units are architecturally compatible with the design of the original plans approved in 1993. We permitted minor changes that included mixing the type of roof eave, metal roll -up garage doors, deletion of the exposed wood headers, and other cosmetic variations on these smaller units. The Commission approved these new plans, subject to Conditions. They are building the Casitas duplexes to the east of the existing model complex abutting the Tennis Complex on Rancho La Quinta Drive. Project Request Staff has received a new request to develop two new single family house plans. The models for these houses will be found to the west of the existing model complex on Rancho La Quinta Drive. The Terraza and Palacio Plans are single story homes, and are described as follows: 1. Terraza (Plan 1) - 2,285 sq.ft. + 555 sq.ft. garage (with golf cart parking) 2. Terraza (Plan 2) - 2,707 sq.ft. + 516 sq.ft. garage (with golf cart parking) 3. Palacio (Plan 1) - 3,465 sq.ft. + 608 sq.ft. garage (with golf cart parking) 4. Palacio (Plan 2) - 3,822 sq.ft. + 666 sq.ft. garage (with golf cart parking) Note: The size of the units will be smaller if they do not build the detached guest house and golf cart parking area. These detached facilities are marketing options. The architectural style of these new units is consistent with previous plans in that the homes have Spanish type roofs (i.e., clay S-tile), stucco walls, painted metal gates or wood gates, wood panel roll -up garage doors, exposed rafter tails and other exposed wood STAFFRPT.048 treatments. The units have two foot wide eave overhangs. The houses are generally 22- feet high, and have one or two different street elevations each to provide diverse street elevations. The front facade will have exposed rafter tails with the remaining elevations having boxed eaves. The units will have traditional setbacks for all yards. Front yards will vary from 15- to 20- feet depending on the garage being side- or front -loaded. The rear of each home will face the golf course. CONCLUSION: The new units are in keeping with the architectural design of the project, and all units are larger than 2,200 sq.ft. with or without the detached guests' suite. All design specifications meet the provisions of the Zoning Code and Specific Plan 84-004. RECOMMENDATION: Adopt Planning Commission Minute Motion 95- , approving the Terraza and Palacio Units, subject to the attached Conditions of Approval. Attachments: 1. Location Map (PC only) 2. Architectural Plans (PC only) 3. Draft Conditions STAFFRPT.048 CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 84-004 - RANCHO LA QUINTA SEPTEMBER 26, 1995 This approval is for Terraza and Palacio Units. Before issuance of a building permit, final working drawings to determine compliance with this approval, shall be submitted to the Community Development Department. 2. All exterior lighting shall be in conformance with the adopted Dark Sky Ordinance, Chapter 9.210 of the Zoning Code. 3. Preliminary landscaping/irrigation plans shall be submitted to the Community Development Department for review and approval if the original production landscape plans are not used for these houses, prior to issuance of a building permit. 4. The front yard setback shall be 20-feet for front -loaded garages and 15-feet for side -loaded garages in accordance with the Zoning Code and Specific Plan 84-004. All provisions of Specific Plan 84-004, or any approved subdivision map, shall be met during construction plan check. cond2 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA SEPTEMBER 12, 1995 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:02 P.M. by Chairman Abels who asked Vice Chairman Gardner to lead the flag salute. II. ROLL CALL A. Chairman Abels requested the roll call: Present: Commissioners Adolph, Anderson, Barrows, Butler, Gardner, Newkirk, and Chairman Abels. B. Staff Present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Planning Manager Christine di Iorio, Principal Planner Stan Sawa, Associate Planners Greg Trousdell and Leslie Mouriquand, and Executive Secretary Betty Sawyer. III. PUBLIC COMMENT: None. IV. PUBLIC HEARINGS: A. Plot Plan 95-563; a request of Ayres Homes for approval of new architectural plans for two new single family units. 1. 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. Commissioner Gardner asked if the applicant was proposing flat roof tiles. Staff stated they were. 3. Commissioner Adolph asked how the existing houses compared with the new units in square footage. Staff stated the Brock houses range in size from 2204 to 3,017 square feet, and the existing Ayres homes are 2616 to 2444 square feet. They proposed units are 1999-2300 square feet. They are consistent with the compatibility regulations on size as well as the colors. PC9-12 I Planning Commission Minutes September 12, 1995 4. Commissioner Anderson asked if the colors on the front door (green color) would match the existing houses. Staff explained where the color green would be used. 5. Commissioner Barrows asked if the condition requiring a shade structure on the rear of the houses would be added. Principal Planner Stan Sawa explained what had been required on previous new subdivision developments. Community Development Director Jerry Herman explained this was for new units and patio covers are not required for this submittal. 6. Commissioner Butler asked that since this was a change in size could they require the addition of patio covers. City Attorney Dawn Honeywell stated that only if the original units had patio covers and they were now deleted in the new units would this be allowed. Discussion followed regarding compatibility changes. 7. There being no further comment, Chairman Abels opened the public hearing and asked if the applicant wished to address the Commission. 8. Commissioner Anderson asked if the green color would be only on the front doors. Mr. Ayres explained it would be on the door and trim. It would be applied to the stucco window and garage door surroundo of the facade to give the feeling of depth. 9. Commissioner Butler asked if three car garages had been on the old units. Mr. Ayres stated they were offering two car garages with the option for a golf cart bay if their buyers were interested. 10. Commissioner Adolph asked if the applicant had any problems with the conditions. Mr. Ayres stated he would like to have a choice between the flat and "S" the if possible for the roof material. 11. Commissioner Adolph asked how many more homes would be built. Mr. Ayres stated it would depend on the market. Commissioner Adolph stated he had no problem with the mix, but only if there were to be enough to make it blend with the tracts. Mr. Ayres stated 150-200 lots are the potential for the build -out by his company. In addition, Mr. Ayres stated he had no problem with the staff s request for pop -outs on all the windows as well as offering the option for patio covers. PC9-12 2 Planning Commission Minutes September 12, 1995 12. Commissioner Butler asked if there was an existing homeowners' association to review the plans. Mr. Ayres stated there was one and he was unaware as to whether they had reviewed the plans. Commissioner Butler stated his concern for the change of the colors, and roof tile, without the homeowners' association consent. Mr. Ayres stated they had contacted all the property owners in the area and had received no negative comments. They encouraged building on the remaining vacant lots. 13. Mr. Phillip Shamis, Del Monte Court, (Desert Fairways Homeowners), stated the homeowners' association (HOA) had not discussed the plans. Mr. Ayres may have discussed it with the HOA president but not with the board. He did not object to the proposal and did want to see the area built up and hopefully not reduce the property values any further than what has happened in the last few years. 14. There being no further public comment, Chairman Abels closed the public hearing. 15. Commissioner Anderson stated that the true description of the existing tile is a "S" type tile that is somewhat flat and therefore would not be that big of a difference and if the rest of the two different roof materials is well planned, he sees no problem with introducing the flat tile to the project. However, he does not know how that will affect the Compatibility Ordinance. 16. Chairman Abels asked why staff was requiring the condition. Associate Planner Leslie Mouriquand stated the reason was to have all the units the same and the flat the would be different from the existing. 17. Commissioner Butler asked staff/legal counsel, if the Planning Commission approved the use of the flat tile, could this become a potential problem in the future. City Attorney Dawn Honeywell stated the Commission could make a determination whether or not this is necessary to be consistent and compatible. Discussion followed. Commissioner Butler stated he had no real objection, but did not want to open up a "bucket of worms" for future approvals. 18. Commissioner Adolph stated he did not feel the Planning Commission wanted a neighborhood that was identical in every way. He would like to see some deviation for effect and the design of the house is the most important feature that must meet the compatibility issue. Every house should not have the same roof material, nor the same color. Commissioner Anderson agreed that variation and diversity is what the Commission is trying to accomplish PC9-12 Planning Commission Minutes September 12, 1995 with the compatibility requirements. 19. Chairman Abels stated this is a request for only 13 houses and if there were more than 13 homes he would feel different. He too was concerned that this would become a "Pandora's box". 20. Commissioner Butler stated his concern about the number of homes that had been reviewed due to down scaling and homeowners had still objected. 21. Commissioner Barrows stated she agreed that diversity was needed and this was not an objectionable or significant change. She felt the City needed to give the developer more flexibility and hopefully, more units would be built. 22. Chairman Abels stated he felt a number should be determined and perhaps that should be no more than 50% of the homes could have the flat tile roofs. In addition, Commissioner Adolph stated they would like to see them dispersed and not next to each other. City Attorney Dawn Honeywell stated it was a discretion of the Commission to determine whether or not it was a deviation that would affect the compatibility. Discussion followed as to what percentage would be fair. It was determined that up to 50% would be allowed, but the developer could utilize any percentage up to that point. 23. There being no further discussion, it was moved and seconded by Commissioners Adolph/Newkirk to adopt Minute Motion 95-037 approving the exhibits submitted for Plan 3 and Plan 4 of Tract 25389-1, subject to allowing the flat roof tile to be utilized for up to 50% of these 13 units. Motion carried with Commissioner Gardner voting No. B. General Plan Amendment 95-050, Change of Zone 95-079, and Environmental Assessment 95-307; a request of Mike Rowe, of Keith Companies, for certification of a Mitigated Negative Declaration of an Environmental Impact, approval of a General Plan Amendment to change the land use categories, and approval of a change of zone to redesignate the zone classifications. 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. Commissioner Anderson asked staff to clarify the difference between the density of the Office Zone and the Community Commercial Zone. He also was concerned about the high density residential being located so close to the low density residential without having a medium density buffer. Staff stated PC9-12 4 Planning Commission Minutes September 12, 1995 the reference to high density was correct, but the R-1 and R-2 Zoning allowed homes to be 28-feet (two-story) instead of three story as noted in the HDR General Plan category. Discussion followed as to the configuration possibilities. Chairman Abels asked about the section of Darby Road to be eliminated as there was nothing on either side of the road; could it create any problems? Staff stated this configuration would correct the problem. 4. There being no further questions of staff, Chairman Abels opened the public hearing and asked if the applicant wished to address the Commission. Mr. Mike Rowe, representing the applicant, stated they were trying to come up with land uses that would make sense with the zoning classifications. These new changes would make the property more marketable. 5. Commissioner Adolph stated he too was concerned about upgrading to High Density from Low Density. He informed the applicant that the Commission would be extremely critical to any proposed project that would be detrimental to the Darby Road residents. Mr. Rowe stated the future project would be compatible with the neighborhood. 6. Commissioner Anderson stated he could see this commercial corner becoming viable and in keeping with the growth pattern for this area. 7. Mr. Robert Tyler, 44-215 Valetta Drive, lives in the area and suggested the Low and High Density boundaries be moved north to shorten up the buffer zone. 8. There being no further public comment, the public hearing was closed. 9. There being no discussion, it was moved and seconded by Commissioners Barrows/Adolph to adopt Planning Commission Resolution 95-037 recommending to the City Council certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 95-307. ROLL CALL: AYES: Commissioners Adolph, Anderson, Barrows, Butler, Gardner, Newkirk, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN. None. 10. It was moved and seconded by Commissioners Barrows/Adolph to adopt Planning Commission Resolution 95-038 recommending to the City Council approval of a General Plan Amendment to amend the La Quinta General Plan Land Use Map as requested. PC9-12 Planning Commission Minutes September 12, 1995 ROLL CALL: AYES: Commissioners Adolph, Anderson, Barrows, Butler, Gardner, Newkirk, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN. None. 11. It was moved and seconded by Commissioners Barrows/Adolph to adopt Planning Commission Resolution 95-039 recommending to the City Council approval of Change of Zone 95-079, as submitted. ROLL CALL: AYES: Commissioners Adolph, Anderson, Barrows, Butler, Gardner, Newkirk, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN. None. V. BUSINESS SESSION A. Special Advertising Device 95-069; a request of the La Quinta Arts Foundation for approval of temporary advertising for the upcoming La Quina Fall Festival of the Arts November 10-12th, 1995. 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. There being no discussion it was moved and seconded by Commissioners Adolph/Butler to adopt Minute Motion 95-038 approving Special Advertising Device 95-069, subject to conditions. Unanimously approved. B. Special Advertising Device 95-073; a request of West Coast Artists for approval of temporary advertising for a Fine Arts Festival to be held at Sculptureland from November 24th - 26th, 1995. 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. 2. Community Development Director Jerry Herman reminded the Commission that a definition of a "Directional Bootleg Sign" was needed. The applicant stated they were unaware of what the "Bootleg" means. They would prefer it read "Directional Signs" only. 3. Community Development Director Jerry Herman asked for clarification on PC9-12 6 Planning Commission Minutes September 12, 1995 the number of signs to be placed in La Quinta. The applicant clarified seven signs would be placed in La Quinta. 4. Mr. Gouthier clarified that the name La Quinta Sculpture Park would still be utilized and that "Sculptureland" was only for advertising purposes as it was a shorter name. 3. There being no questions of staff, it was moved by Commissioners Adolph/Barrows to adopt Minute Motion 93-039 approving Special Advertising Device 95-073, as conditioned. Unanimously approved. C. Sign Application 95-324; a request of Eisenhower Medical Center (Eisenhower Immediate Care Center) CNP Sign Company for approval of a deviation from the sign program for the 111 La Quinta Shopping Center sign program to allow corporate signs for a free standing building. 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. 2. Commissioner Anderson asked for clarification of internally illuminated and a description of the material to be used. Staff explained. Commissioner Anderson stated he appreciated the graphic sign application and commended the applicant on the submittal and encouraged staff to have future applicants do the same. 3. Commissioner Adolph also complimented the applicant on the limited number and location of the signs. 4. There being no further discussion, it was moved and seconded by Commissioners Barrows/Butler to adopt Minute Motion 95-040 approving Sign Application 95-324, subject to conditions. Unanimously approved. V. CONSENT CALENDAR: A. Commissioners asked that the Minutes of August 8, 1995, be amended as follows: IV. Workshop. 1. Correct the word "explain" to read "explained". VI. Public Hearings. A.4. Change the number of years from "two years" to "20 years". A.S. Change the "P.M." to "A.M." PC9-12 7 Planning Commission Minutes September 12, 1995 A.9. Change the number of the Environmental Assessment to read "95-300". VII. Business Session. A.S. "...for all the Wal-Mart stores." There being no further corrections, it was moved and seconded by Commissioners Adolph/Barrows to approve the Minutes as corrected. Unanimously approved. VI. COMMISSIONER ITEMS - None VII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Adolph/Barrows to adjourn this meeting of the Planning Commission to a regular meeting on September 26, 1995. This meeting of the Planning Commission was adjourned at 8:29 P.M., September 12, 1995. PC9-12 8