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1995 10 10 PC-- a yOF�� PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California October 10, 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 95-041 Beginning Minute Motion 95-043 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. STREET VACATION 95-027 AND ENVIRONMENTAL ASSESSMENT 95-308 STAMKO Development West of Adams Street, adjacent to Tract 23995-INCO Approval to vacate an unimproved section of Westward Ho Drive Resolution 95- , Resolution 95- PC/AGENDA 2. Item ............. MUNICIPAL CODE AMENDMENT 95-045 Applicant ....... City of La Quinta Location ........ City-wide Request ......... Approval of specifications for the forms and acceptance standards for Subdivision Improvement Security Action .......... Resolution 95- 3. Item ............. CONDITIONAL USE PERMIT 95-022 Applicant ....... Mr. Moe Nourkhah Location ........ 74-410 Highway 111 Request ......... Approval of a vehicle sales lot on a portion of a 2.7 acre site Action ........... Resolution 95- 4. Item .............. CONDITIONAL USE PERMIT 95-021, PLOT PLAN 95- 564, AND ENVIRONMENTAL ASSESSMENT 95-309 Applicant ....... The Keith Companies Location ........ West of Washington Street and 700-feet north of Calle Tampico Request ......... 1) Certification of a Mitigated Negative Declaration of environmental impact; 2) Approval of a 128-unit apartment complex; 3) Approval of a deviation from the development standards to reduce the gross livable area from 1400 sq. ft. to 750 sq. ft.; 4) Approval of a 30% density bonus to allow 11 units per acre, and reduction to two parking spaces for two bedroom units for affordable housing. Action ............ Resolution 95- , Resolution 95- BUSINESS ITEMS Item ............. SIGN APPLICATION 95-311 (AMENDMENT #1) Applicant ....... Signs and Services Company (for Pizza Hut) Location ........ 50-855 Washington Street, Suite I (within the La Quinta Village Shopping Center Request ......... Approval of an amendment to an approved business sign for Pizza Hut Action .......... Minute Motion 95- CONSENT CALENDAR 1. Approval of the Minutes of the meeting of September 26, 1995. COMMISSIONER ITEMS 1. Commissioner report of City Council meeting 2. Department update • 1 ._%1f'7 _U1 AT STUDY SESSION None PC/AG3NDA MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, CA September 26, 1995 I. CALL TO ORDER 3:00 P.M. A. This meeting of the Planning Commission was called to order at 3:07 P.M. by Chairman Abels. Commissioner Adolph led the flag salute. II. ROLL CALL A. Chairman Abels requested the roll call: Present: Commissioners Adolph, Barrows, Butler, Gardner, Newkirk, and Chairman Abels. B. Commissioners Adolph/Gardner moved and seconded a motion to excuse Commissioner Anderson. Unanimously approved. C. Staff Present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Planning Manager Christi di Iorio, Senior Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planners Wallace Nesbit, and Executive Secretary Betty Sawyer. III. PUBLIC COMMENT - None IV. WORKSHOP A.. Zoning Ordinance Update; a request of staff for a review of the Zoning Ordinance. 1. Staff presented portions of the revised Zoning Ordinance Update for the Commissioners review. Items discussed included clarification of the maximum building heights and leaf blower regulations. 2. Staff presented information regarding why an "envelope" method of measuring building heights is more desirable than using a "mean" point method. After discussion, the Planning Commission determined that an "envelope" method as originally presented by the consultant should be utilized. PC9-26 1 Planning Commission Minutes September 26, 1995 3. It was determined that exceptions to the development standards for drive thru facilities as presented in Section 9.150.080(J), should be deleted. 4. Associate Planner Wallace Nesbit, presented the history of the leaf blower regulations. Commissioners asked questions of staff regarding the proposed regulations. Following discussion, Commissioners asked staff to: a. Restudy the time frame and hours for the leaf blowers (possibly the same as construction hours) and find a way to enforce it. Automatic exemption between approximately September 15th and December 1 st should be considered. Exact time of exemption to be determined by the survey. b. In addition, the Commissioners asked staff to include a section on golf tournaments and notification to the respective homeowner associations, if hours are to be earlier. C. It was noted that a potential conflict exists between 9.145.030 and 9.145.060 due to the definition of "real property landscape maintenance" and "golf course landscape operations." 4. Page 007, Section 9.145.040A a. The City Attorney noted to staff a need to make a more general statement as to who is subject to time limitations. 5. Page 008, Section 9.145.05013 a. The City Attorney noted a need for criteria to determine exemptions by the Community Development Director. 6. Page 011, Section 9.30.020 a. Rewrite to reflect the Housing Element changes for any new developments (not pre-existing) very low, low, and moderate income homes. 7. Page 019, Section 9.40.030. Table 9-1 a. Staff noted a change needed for "apartment projects (rental units)" to PC9-26 2 Planning Commission Minutes September 26, 1995 allow them in the RVL, RL, and RC with a specific plan with restrictions. 8. Page 029, Section 9.50-060 a. Change how the height is measured from using a "mean point" to a building envelope. 9. Page 033, Section C.3.c. a. Change to allow two arches or two pairs of pilasters. 10. Page 038, Section 9.60.060. B.1 a. Check this section to insure that it complies with the Table of Development Standards, Section 9.50.040.B. 11. Page 043, Section 9.60.11 OC.4. a. Reword or modify to allow home occupations, or rewrite "detached accessory structure" in the Definition Section. 12. Commissioner Butler asked staff to see if there were areas within the City that could be zoned as CP (Commercial Park). Suggestions were: Jefferson Street and the south side of Highway 111 east of Dune Palms. 13. Page 072, Table 9 a. Staff noted a need to add residential as a conditional use in the CR Zone. 14. Page 076 - reword the height definition same as Page 029, Section 9.50.060. 15. Special Advertising devices - staff to go through and eliminate the repetitious areas. Staff with remove most of Chapter 5. Place "Searchlights" under Special Advertising Devices. 16. Commissioner Adolph asked for clarification on the time length a temporary chain link fence may be used. Staff stated generally it runs consecutively with the building permit. As long as the building permit is active, the fence is allowed. Commissioners asked staff to check into the time limits allowed for the temporary fences at the Citrus Course. PC9-26 3 Planning Commission Minutes September 26, 1995 17. Commissioner Adolph asked if political banners were allowed in a commercial zone. He understood banners required to a permit. City Attorney Dawn Honeywell stated the political signs are not enforceable. She would look into the use of a banner in a commercial zone. Chairman Abels stated that due to the hour, he opened the meeting up for "Commissioner Items". V. COMMISSIONER ITEMS A. Chairman Abels gave a report of the CCAPA Workshop in Diamond Bar held at the offices of the South Coast Air Quality offices attended by Commissioners Butler, Gardner, and himself. He stated this was the type of workshop all commissioners should attend. The Workshop was informative and created a number of questions. Some issues that were brought out at the Workshop, he would like to see implemented here, such as: 1. Having the Planning Commission packets distributed earlier. Discussion followed regarding the mechanics of preparing the agenda. Staff stated they would look at the process and see if there was a faster way to get the agenda distributed. 2. When new commissioners are appointed, there should be indoctrination process to inform them about the planning process and explain what would be expected of them. Staff should inform all new Commissioners of their duties. 3. Funds should be budgeted to allow the Commissioners an opportunity to attend educational courses/workshops. 4. A tour of the major projects prior to their review and approval. B. Commissioner Butler stated that discussions at the Workshop were helpful and he was very appreciative of City Attorney's attendance and input at the Commission meetings. C. Commissioner Barrows questioned the legality of Commissioners attending meetings with developers prior to the meetings. City Attorney Dawn Honeywell stated that when a Commissioner is voting on a project, this should be stated during the meeting. In addition, if anything at the site influenced their decision, this should also be stated. It needed to be made a part of the record. Due process requires that everyone at the hearing be made aware of how each Commissioner came to a decision on the project. Discussion followed. PC9-26 4 Planning Commission Minutes September 26, 1995 D. Chairman Abels inquired why it was so difficult to schedule joint meetings with the City Council. City Attorney Dawn Honeywell stated the purpose of the meetings. E. Planning Manager Christi di Iorio stated that following the review of the Zoning Ordinance Update, a study session regarding the Village would be scheduled. Following that session, staff would draft a letter to the City Council and outline the issues raised by the Commission. Chairman Abels recessed the meeting at 5:25 P.M. and reconvened at 7:04 P.M. VII.. PUBLIC HEARINGS A. Plot Plan 92-490; a request of Michael Hurst for approval of a time extension for a previously approved commercial shopping center consisting of approximately 251,550 square feet on approximately 23 acres at the northwest corner of Highway 111 and Jefferson Street. Planning Manager Christi di Iorio presented the information contained in the staff report, a copy of which is on :ale in the Community Development Department. 2. Commissioner Adolph asked staff for clarification on why the extension was for four months. Staff stated the applicant had submitted his request for an extension on time eight months earlier, but had asked to delay processing the request until now due to financial difficulties. 3. There being no further comments of staff, Chairman Abels opened the public hearing. Mr. Michael Hurst, architect, spoke on behalf of the applicant. He stated there were no changes from the original approval. He only needed additional time to get things together for the developer. He generally had no objection to the updated conditions except for a clarification of Condition #2. He asked whether the condition required them to be under construction by February, 1996, or to have pulled a building permit. Staff stated a building permit. 4. Commissioner Adolph asked Mr. Hurst if he thought the project was viable. Mr. Hurst stated he was working with the partners and since the reorganization, he felt it was probably more viable now than before. PC9-26 5 Planning Commission Minutes September 26, 1995 5. Commissioner Butler asked about keeping the dust under control before construction begins. Mr. Hurst stated that no grading had occurred and the site was landscaped with native plant material. 6. Commissioner Gardner asked if the applicant was aware of the expiration date at the time of his request for extension in February, 1996. Staff stated the applicant was aware of it. 7. There being no further discussion, Chairman Abels closed public hearing Commissioner Adolph asked staff to clarify why this application was before them at this time rather at the time of the expiration date of February, 1995. The extension only had four months left before expiring again. Staff clarified that the applicant had filed his request on time and he was aware of the time limitations. Staff further clarified that the Planning Commission could extend the time if they so chose. StafFs recommendation was based on the original date stated in the conditions. 9. Commissioner Adolph asked the applicant if he felt the project could be ready to pull building permits in February. Mr. Hurst stated that if he were granted a years extension from this date, they could use the time. However, they anticipate being ready by February, 1996. 10. Commissioner Barrows asked staff if there was any problem granting the extra time. Staff stated there was no problem. Discussion continued. 11. Commissioner Gardner stated he was unclear as to the extension date. It was his understanding that the applicant had extenuating circumstances that didn't allow him to bring this matter before the Commission before now. Staff stated that was what they had been told. Commissioner Gardner stated the applicant had received his year extension whether the Commission heard the request in February, 1995, or now. He did not feel the request warranted additional time. 12. There being no further discussion, it was moved and seconded by Commissioners Adolph/Barrows to adopt Planning Commission Resolution 95-040 recertifying the previously approved Environmental Assessment 92- 241 and recommending approval to the City Council of a second time extension for Specific Plan 92-022 and Plot Plan 92-490, until September 26, 1996. PC9-26 6 Planning Commission Minutes September 26, 1995 12. Commissioner Gardner stated he did not see any reason to extend the time as the applicant had the entire year. 13. Commissioner Newkirk stated he too did not believe the extended time was appropriate. ROLL CALL: AYES: Commissioners Adolph and Barrows. NOES: Commissioners Butler, Gardner, Newkirk, and Chairman Abels. ABSENT: Commissioner Anderson. ABSTAIN: None. 14. The motion failed on a 4-2 vote with Commissioner Anderson being absent. 15. It was moved and seconded by Commissioners Butler/Barrows to adopt Planning Commission Resolution 95-039 recertifying the previously approved Environmental Assessment 92-241 and recommending approval to the City Council of a second time extension for Specific Plan 92-022 and Plot Plan 92-490, until February, 1996. ROLL CALL: AYES: Commissioners Adolph, Barrows, Butler, Gardner, Newkirk, and Chairman Abels. NOES: None. ABSENT: Commissioner Anderson. ABSTAIN: None. B. Plot Plan 95-565; a request of KSL PGA West Corporation for approval of additional design schemes for the elevations of the recently approved Ryder, Heritage, and Masters Collection units. 1. Commissioner Gardner withdrew due to a possible conflict of interest. 2. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. There being no questions of staff, Chairman Abels opened the public hearing. Mr. Chevis Hosea spoke on behalf of the applicant, and explained their request. 4. Commissioner Barrows asked the applicant about the question raised by the Homeowners' Association regarding their review rights. Mr. Hosea stated it was not applicable to his request as the units would not be constructed within this Homeowners' Association area. If any units are to be built within their jurisdiction KSL would submit plans for their review. PC9-26 7 Planning Commission Minutes September 26, 1995 5. Commissioner Adolph asked the applicant to clarify his statement that these units would not be built within Res # 1. Mr. Hosea stated that was not their plan to build these particular units within Res # 1. Discussion followed regarding clarification of the boundaries of the two HOA's. 6. Commissioner Adolph stated he felt the new designs met all the Association requirements and the changes were fine. 7. Mr. Clark Forrest Butts, architect for the Heritage Collection described the additional elevation changes that were to be approved. The changes were slight articulations of the approved designs. 8. Mr. Butts stated the conditions required a four inch deep trim around the windows on the side and rear yard and it was his understanding this was not normal for La Quinta. Other tracts he had worked in required a two inch trim. He was concerned that the four inch trim would look awkward on some of the units and would not be beneficial. Commissioner Adolph stated their concern was for energy issues and that the south and west facing walls were covered to provide more shade. Staff stated this was Condition #4 and the Commission had imposed it on the first set of units as well. Discussion followed as to the origin of the condition. Following discussion, the architect stated he would like to put a smaller recess treatment on the side windows. 9. Commissioner Adolph asked if exposed rafters were to be used. Mr. Butts stated some of the units would have exposed tails to add variety on the street scene and would give an interesting shade feature on the side walls. It would be added only to selected areas. 10. Commissioner Adolph stated this could become a maintenance problem for the Association. In addition, the elevations show a double hung window. Mr. Butts stated that on the Heritage project there would be no double hung windows. Mr. Pat Austin, architect for the Ryder and Masters units, stated these units would not have double hung windows. 11. Mr. Pat Austin, CYP Architects, architect for the Ryder and Master Collection, spoke regarding his portion of the project. He too expressed his concern for the four inch popouts. 12. Commissioner Butler asked if there were any windows of significant size that would cause Commissions concern. Mr. Austin stated the largest side windows would be Y X 8' or 5' X 5'. Commissioners discussed the various windows on the Heritage elevations. Mr. Austin stated the overhangs would be 18-inches to 24-inches. PC9-26 8 Planning Commission Minutes September 26, 1995 13. Commissioner Adolph stated most of the windows were relatively small. Commissioner Butler asked if the Commissioners had any problems with the sliders on the 3C plan. No comment was made. 14. There being no further discussion, it was moved by Commissioners Adolph/Barrows to adopt Minute Motion 95-040 approving Plot Plan 95-565, subject to the amendment to Condition #4 requiring two inch deep popouts. 15. Staff clarified that this approval was for the units being approved at this time and did not apply to the units previously approved. In addition, these units could be subject to the new regulations of the Updated Zoning Ordinance if the building permits were not pulled before the Updated Zoning Ordinance was adopted. 16. Motion carried unanimously. VIII. BUSINESS ITEMS A. Special Advertising Device 95-079; a request of the La Quinta Chamber of Commerce for approval of temporary advertising for the upcoming La Quinta Mainstreet Marketplace events between October, 1995 to April, 1996. 1. Ms. Eileen Salvan, representing the Chamber of Commerce, requested a change on Condition #5. They would. like to install the banners earlier and it would be a hardship to have the banners removed within 48 hours of the event. Commissioners agreed and asked staff to amend the condition. 3. Planning Manager read the condition as revised: " The temporary banner shall be installed the Monday prior to each of the six events and shall be removed the Monday following the event." 4. There being no further discussion, it was moved and seconded by Commissioner Barrows/Adolph to adopt Minute Motion 95-041, subject to the amended conditions. Unanimously approved. B. Specific Plan 84-004 (Rancho La Quinta); a request of Mr. Grady Sparks, Sparks Construction, for approval of two new unit types in compliance with the adopted Specific Plan (i.e., Terraza and Palacio units). 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. Mr. Tom Cullinan, spoke on behalf of the applicant TD Desert Development. PC9-26 9 Planning Commission Minutes September 26, 1995 3. Commissioner Adolph asked if these were the largest units being built. Mr. Cullinan stated the Terraza was an extension of the earlier lots and are slightly larger. He stated the demand was for larger houses and they were being asked to make a lot of room additions. 4. There being no further discussion, it was moved and seconded by Commissioner Gardner/Butler to adopt Minute Motion 95-042 approving Special Advertising Device 95-079, subject to conditions. Unanimously approved. IX. CONSENT CALENDAR A. Commissioner Butler asked that the Minutes of September 12, 1995, be amended on Page 4, Item #23, to show that he voted no and not Commissioner Gardner. There being no further corrections, it was moved and seconded by Commissioners Gardner/Butler to approve the minutes as corrected. Unanimously approved. X. COMMISSIONER ITEMS A. Commissioner Adolph gave a report of the City Council meeting of September 19, 1995. XI. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Gardner/Butler to adjourn this meeting of the Planning Commission to a regular meeting of October 10, 1995. This meeting of the Planning Commission was adjourned at 8:00 P.M. PC9-26 10 ZO (�fItNT MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: OCTOBER 10 1995 SUBJECT: LA QUINTA ZONING ORDINANCE UPDATE BACKGROUND: The last Zoning Ordinance Update review occurred on September 26, 1995. At that time, the Commission reviewed the new Chapter 9.145 which pertains to Landscape Maintenance Operations. Additionally, Chapters. 9.30-9.60 and 9.80-9.100 were presented for a final review. Attached are additional Chapters beginning with Chapter 9.110 for review. Most of the Chapters have been revised per your initial review. RECOMMENDATION: Staff recommends that the Planning Commission review the submitted Zoning Ordinance Update Chapters and determine acceptability. Attachments: 1. Excerpts from Zoning Ordinance Update MEMOSS.242 CHAPTER 9.110 SPECIAL PURPOSE DISTRICTS Sections: 9.110.010 Summary of District Regulations ..................... 1 9.110.020 Types of Special Purpose Districts .................... 2 9.110.030 PR Parks and Recreation District ..................... 2 9.110.040 GC Golf Course District ............................ 2 9.110.050 OS Open Space District ............................. 3 9.110.060 HC Hillside Conservation Overlay District ............. 3 9.110.070 FP Floodplain Overlay District ....................... 5 9.110.080 AE Adult Entertainment Overlay District .............. 5 9.110.010 Summary of District Regulations. A. Purpose.This Chapter contains the purpose and intent of each special purpose district together with a summary of the zoning regulations applicable to each. B. Permitted Uses. Chapter ... specifies the land uses allowed in each nonresidential district. C. Development Standards. Development standards (such as minimum setbacks and maximum building heights) for special purpose districts are summarized in Sections ... through ... of this Chapter. D. Supplemental Regulations. 1. Special Purpose Supplemental Regulations. Chapter ... contains supplemental regulations for each special purpose district, such as hillside conservation regulations, flood hazard reduction requirements, and restrictions on adult entertainment businesses. 2. General Supplemental Regulations. General supplemental regulations pertaining to special purpose districts shall be the same as those for nonresidential districts as follows: Re ulg ation: Applicable Section No.: Parking ............................... Ch. 9.150 Signs ................................ Ch. 9�.160 Fences and Walls ....................... 9.100.030 Landscaping ............................ 9.100.040 Screening ............................. 9.100.050 Detached Accessory Structures ............ 9.100.060 Special Outdoor Events .................. 9.100.140 Outdoor Lighting ....................... 9.100.150 Construction Trailers and Guard Offices ..... 9.100.170 Relocatable Buildings ................... 9.100.180 1 9.110. SPECIAL PURPOSE DISTRICTS 9.110.020 'Types of Special Purpose Districts. [Draft. A. Base Districts. The PR, GC, and OS districts are base districts designed to provide for park and recreation, golf course, and open space land uses respectively. B. Overlay Districts. The FP, HC, and AE districts are overlay districts, i.e. districts to be used only in combination with a base district (such as the OS Open Space or CR Regional Commercial districts) in order to regulate certain special aspects of land use in the interests of public safety and protection of surrounding properties. In cases where there is a conflict between the regulations of an overlay district and its underlying base district, the overlay district regulations shall control. C. Overlay Zoning Designations. When an overlay district is used, the zoning designation shall consist of the base district symbol followed by the applicable overlay district symbol enclosed in parentheses. For example: CR (AE). D. AE Overlay District. The AE Adult Entertainment overlay district shall be used only in combination with the CR Regional Commercial base district. 9.110.030 PR Parks and Recreation District. A. Purpose and Intent. To provide for the development: and preservation of public and private parks and associated recreation facilities within open space areas. B. Development Standards. The following is a summary of development standards for the PR, district as set forth in Chapter .... (Note: the GC and OS development standards are the same as the PR district.) Min. Building Site ....................................... n/a Max. Structure Height .................................... 28 ft. Max. No. of Stories ....................................... 2 Min. Building Setbacks: From all perimeter street R.O.W.'s ......................... 30 ft. From abutting residential projects ......................... 30 ft. From abutting cmrcl, office, industrial, and MC (Major Community Facilities distr.) projects ........... 20 ft. Min. Setback from interior property lines within the same project ... 0 9.110.040 GC Golf Course District. A. Purpose and Intent. To provide for the protection and preservation of golf course open space areas in the City. 2 ' � i 9.110: SPECIAL PURPOSE DISTRICTS /Draft: B. Development, Standards. The same as the development standards for the PR district, preceding. 9.110.050 OS Open Space District. A. Purpose and Intent. To provide for the protection and preservation of sensitive environmental areas such as areas with significant cultural resources, threatened or endangered plant and wildlife species habitat, scenic resources, and significant topographical constraints. B. Development Standards. The same as the development standards for the PR district, preceding. 9.110.060 HC Hillside Conservation Overlay District. A. Purpose and Intent. 1. To define those hillside areas which are not developable from either a public safety or an engineering perspective and to prevent inappropriate development on them; 2. For those hillside areas which are developable, to ensure the safety of the public, and to ensure that the placement, density, and type of all hillside development within the city is suitable to the topography of the existing terrain, that proposed developments will provide for minimal disturbance of the existing terrain and natural habitat, znd that the natural hillside characteristics will be retained wherever practicable; 3. To protect the public from hazards associated with ;hillside development, including seismic activity, landslides, flooding, inaccessibility from fire and emergency services, lack of water for fire control, wild fires, collapse of roads, and similar risks; 4. To protect and conserve hillside ecosystems (Santa Rosa Mountains National Scenic Area) through the retention of unique natural topographic features and hillside characteristics, including drainage patterns, streams, slopes, ridgelines, rock outcroppings, vistas, natural vegetation, and the habitats and migratory routes of animals; To maximize the retention of the City's natural topographic features, including, but not limited to, mountainsides, mountain faces, skyline profiles, ridgelines, ridgecrests, hilltops, hillsides, slopes, arroyos, ravines, canyons, prominent vegetation, rock outcroppings, view corridors, and scenic vistas through the careful limitation and selection of building sites and building pads on said topographic features, thereby enhancing the beauty of the City's landscape; 6. To assure that developmental use of said topographic features will relate to the surrounding topography and will not be conspicuous and obtrusive because of the design and location of the developmental use; 9.110. SPECL4L PURPOSE DISTRICTS 8/29/951 7. To reduce the scarring effects of excessive grading for roads, building pads, and cut and fill slopes; 8. To balance public and private interests while preserving the hillsides. B. Development Standards. Subsection ... specifies that the maximum residential density within the HC overlay district shall be one dwelling unit per every ten acres and that other development standards shall follow those of the RL Low Density Residential district. The following is a summary of those development standards.: 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 ..................... 5110 ft.2 Min. Rear Yard Setback ................................... 20 ft. Max. Lot Coverage ....................................... 40% Min. Livable Floor Area 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 min. 10 feet. Refer to Section ... for additional details regarding development standards and other requirements of the HC district. Also, refer to Subsection ... for minimum percentages of building sites which must be preserved in a natural state dependent on the average slope of the site. C. District Boundaries. 1. The HC Hillside Conservation overlay district applies to all land within the City designated in the General Plan as "Open Space" and shown on the Official Zoning Map as "HC." More specifically, the HC district applies to land meeting the criteria for being above "the toe of the slope," as defined in Subsection ..., within the following Sections of land (San Bernardino Base and Meridian) within the City: a. T5S, R7E: Sections 19, 30; b. T5S, R6E: Section 36, 25; c. T6S, R6E: Sections 1, 12, 13, 24, 25; d. T6S, R7E: Sections 6, 7, 8, 17, 18, 19, 20, 28, 29, 30, 33; 4 9.110: SPECL4L PURPOSE DISTRICTS /Draft: 81291951 e. T7S, R7E: Sections 4,5. 2. The provisions of this Section shall also apply to each and every parcel of land within the City (without otherwise being noted on exhibit or map which is added to the City by annexation, dedication, or other means) meeting the criteria for being above "the toe of the slope", as defined in Subsection .... 9.110.070 FP Floodplain Overlay District. A. Purpose and Intent. To protect life and property from flood flows and to establish criteria for land use consistent with state law and with the criteria promulgated by the Federal Emergency Management Agency. B. Development Standards. Development standards for the FP overlay district shall be as provided in the underlying base district regulations, subject to the additional requirements of the FP district as set forth in Section .... C. District Boundaries. The FP overlay district shall include all areas within the City that are designated as "Special Flood Hazard Areas Inundated by 100-Year Flood" on Flood Insurance Rate Maps (FIRM) provided by the ]Federal Emergency Management Agency (FEMA). These include the "A" and "AO" flood hazard zones. The boundaries of the FP District are as shown on the Official Zoning Map. 9.110.080 AE Adult Entertainment Overlay District. A. Purpose and Intent. To designate specific areas where adult oriented businesses may locate if a conditional use permit is approved and to establish strict standards for the establishment and operation of such adult businesses in order to ensure that adverse effects caused by their operational characteristics do not contribute to the blighting or downgrading of surrounding areas. B. Development Standards. Development standards for th.e AE overlay district shall be as provided in the underlying base district regulations, subject to the additional requirements of the AE district as set forth in Section .... C. District Boundaries. The AE Adult Entertainment overlay district includes those parcels located in whole or in part within 600 feet of the centerline of State Highway 111. 5 CHAPTER 9.120 SPECIAL PURPOSE :PERMITTED USES Sections: 9.120.010 Development Permits Required ...................... 6 9.120.020 Table of Permitted Uses ............................. 6 9.120.010 Development Permits Required. Table 9-... of this Section specifies whether a use or structure is permitted within a zoning district. However, in most cases development to establish a land use requires approval of a site development permit and/or other permits as set forth in Section .... 9.120.020 Table of Permitted Uses. Table 9-..., "Permitted Uses in Special Purpose Districts", following, specifies those uses and structures which are permitted within each special purpose 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. "T" Permitted on a temporary basis if a temporary use permit is approved. 5. "X" Prohibited in the district. TABLE 9-...: PERMITTED USES IN SPECIAL PURPOSE DISTRICTS DISTRICT P = Permitted Use C = Conditional Use Permit = o A= Accessory Use T= Temporary Use Permit R 1 w z a X=Prohibited Use JXo .. a z W I a a CC u LAND USE PR GC OS HC* FP* AE* Open Space and Recreational Uses Open sace P P P P P P Public parks, lakes and passive recreation facilities P X P P P X Pla fields, lighted or unlighted P X X X P X Bicycle, a uestrian and hiking trails P X P P P P Libraries and museums C I X X X C' X * Uses are subject to the additional requirements of the overlay district as set forth in Chapter .... ' As permitted in the underlying base district, subject to the additional requirements of the FP overlay district per Section ... and approval of a conditional use permit. 2 9.120: SPECIAL PURPOSE PERMITTED USES [Draft. 81291951 TABLE 9»...: PERMITTED USES IN SPEC14L PURPOSE DISTRICTS P = Permitted Use C = Conditional Use Permit A = Accessory Use T = Temporary Use Permit X= Prohibited Use DISTRICT _ a m �� o x a o -S 0G a W LAND USE I'R GC OS HC* FP* AE* Clubhouses and community ools/cabanas P A X X C' X Tennis courts or complexes, public P A X X C' X Tennis clubs or complexes, private C A X X C' X Golf courses and country clubs, including clubhouses and other customary accessory uses. C P X X P X Golf courses without above -ground structures, including fairways, greens, tees, and golf -cart paths C P X C P X Accessory Uses and Structures Signs, subject to A A A A A A Fences and walls, subject to § ... A A A A A A Satehite dish and other antennas, subject to A A A A A A Temporary Uses Special outdoor events, subject to § ... T T T T T X Other Uses Single family residential X X X CZ C` X Multifamily residential, commercial (except adult businesses), office, or industrial development X X X X C' X Adult entertainment businesses, subject to § ... X X X X X C Communication towers and equipment, subject to Chapter C C C CZ C' X Electrical substations X X C CZ X X * Uses are subject to the additional requirements of the overlay district as set forth in Chapter .... ' As permitted in the underlying base district, subject to the additional requirements of the FP overlay district per Section ... and approval of a conditional use permit. 2 As permitted in the underlying base district, subject to the additional requirements of the HC overlay district per Section ... and approval of a conditional use permit. 9.120. SPECL4L PURPOSE PERMITTED USES [Draft: 81291951 TABLE 9»..,. PERMITTED USES IN SPECIAL PURPOSE DISTRICTS DISTRICT P Permitted Use C = Conditional Use Permit A = Accessory Use T = Temporary Use Permit =! aT m o a ! a X=Prohibited Use a N � a ci LAND USE PR GC OS DC* FP* AE* Water wells and pum2ing stations P X P CZ I P X Water tanks and reservoirs X X C CZ C' X Public flood control facilities and devices P P P P P P Other principal, accessory or temporary uses not listed Director or Planning Commission above. to determine whether use is permitted in accordance with § .... * Uses are subject to the additional requirements of the overlay district as set forth in Chapter .... ' As permitted in the underlying base district, subject to the additional requirements of the FP overlay district per Section ... and approval of a conditional use permit. Z As permitted in the underlying base district, subject to the additional requirements of the HC overlay district per Section ... and approval of a conditional use permit. CHAPTER 9.130 SPECIAL PURPOSE DEVELOPMENT STANDARDS 9.130.010 Table of Development Standards. Table 9-..., following, contains standards for development of property within special purpose districts: TABLE 9-...: SPECIAL PURPOSE DISTRICT DEVELOPMENT STANDARDS DEVELOPMENT STANDARD DISTRICT PR GC OS HC PP AE Min. Building Site n/a n/a n/a Max. Structure Height (ft.) 28 28 28 Max. Number of Stories 2 2 2 Min. Perimeter Building Setbacks (ft.) From Perimeter Street R.O.W.'s 30 30 30 * ** ** From abutting residential property or districts 30 30 30 * ** ** From abutting commercial and other nonresidential property or districts 20 20 20 Min. setback from interior property lines within the same project 0 0 0 * As provided in HC supplemental regulations, Section .... ** As provided in the underlying base district regulations., subject to the additional requirements of the overlay district. Signs and Parking See Sections ... and ... Fences and Walls See Section ... Landscaping and Screening See Sections ... and ... 9 CHAPTER 9.140 SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS Sections: 9.140.010 Purpose and Intent ................................. 10 9.140.020 PR, GC, and OS Districts ........................... 10 9.140.030 HC Hillside Conservation Overlay District ........... 10 9.140.040 FP Floodplain Overlay District ...................... 19 9.140.050 AE Adult Entertainment Overlay District ............ 20 9.140.0�10 Purpose and Intent. The regulations of this Chapter are intended to provide standards for specialized aspects of land use within special purpose districts such as hillside conservation standards, flood hazard reduction measures, and restrictions on the location and operation of adult entertainment businesses. 9.140.020 PR, GC, and OS Districts. The permitted uses and development standards for the PR Parks and Recreation, GC Golf Course, and OS Open Space districts are set forth in Sections ... and ... respectively. 9.140.030 HC Hillside Conservation Overlay District. A. Applicability. The HC Hillside Conservation overlay district applies to all land within the City designated in the General Plan as "open space" and shown on the Official Zoning Map as "HC." More specifically, the HC district and the provisions of this Section apply to land meeting the criteria for being above "the toe of the slope," as defined in Subsection ... of this Section, within the following Sections of Ian& (San Bernardino Base and Meridian) within the City: a. T5S, R7E: Sections 19, 30; b. T5S, R6E: Section 36, 25; c. T6S, R6E: Sections 1, 12, 13, 24, 25; d. T6S, R7E: Sections 6, 7, 8, 17, 18, 19, 20, 28, 29, 30, 33; e. T7S, R7E: Sections 4,5. 2. The provisions of this Section shall also apply to each and every parcel of land within the City (without otherwise being noted on exhibit or map which is added to the City by annexation, dedication, or other means) meeting the criteria for being above "the toe of the slope." 3. Except as specifically provided elsewhere in this title, any and all disturbance of natural terrain, grubbing, grading, new use, and every new building and premises or land in the HC district shall be used for or occupied and every building shall be erected, constructed, 10 9. d 40: SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS [Draft. 81291951 established, altered, enlarged, maintained, moved into or within such HC district exclusively and only in accordance with regulations set forth in this Section. B. Application of Regulations to Property. 1. In the City General Plan, all hillsides and some alluvial fans are designated ©pen Space. In general, the dividing line between open space and other land uses is meant to follow and be bounded by "the toe of the slope." The area above the toe of the slope includes not only hillsides, but also alluvial fans which are not protected by flood control structures, and drainage ways and stream courses which have some potential for flooding. In general, alluvial fans not exceeding 20 percent slope are developable consistent with this Section either through the transfer of residential units from contiguous hillside areas, by change of designation (Section ...), or by providing flood protection (Section ...). 2. For any parcel subject to the jurisdiction of the City, the City Engineer, upon viewing the site and considering a land suitability study submitted by the applicant (in accordance with the requirements of Subsection ...) shall determine the boundary between the developable and the undevelopable portions of the parcel by locating the toe of the slope per the following criteria (more than one criterion may apply): a. The point where water -borne alluvial material not exceeding 20 percent slope begins to collect to a depth of one foot or more; b. The dividing line between steeper rock formations and more gently sloping alluvium, i.e., where there is a noticeable break in the angle of slope from steep to shallow; c. Where the slope gradient exceeds 20 percent, d. An area unprotected from flooding potential, i.e., an area above the uppermost flood control structure which intercepts runoff (in the form of either natural water courses or as overland sheet flow) and directs it to a controlled stormwater diversion channel (see Section ...). C. Permitted Uses in HC District. 1. No development (except as provided under subsection C-4 of this Section) shall be approved for slopes exceeding 20 percent. 2. The following are exempt from the requirements of this Section: tracts and specific plans already approved. 3. The following uses within the HC district shall be permitted on alluvial fans with slopes 11 9.140: SPECL4L PURPOSE SUPPLEMENTAL REGULATIONS [Draft: 81291951 not exceeding 20 percent: a. Golf courses (not including above -ground structures), including fairways, greens, tees, and golf -cart paths to access them; b. Flood -control structures; c. Parks, lakes, and passive recreation facilities; d. Water wells, pumping stations, and water tanks (if properly screened); e. Power, telephone, and cable substations and transmission lines (if properly screened or undergrounded); f. T.V., cable, and radio antennas; g. Hiking and equestrian trails; h. Single family residential uses; i. Accessory uses necessary to establish and maintain the permitted uses, such as roads, gate -houses, on -site subdivision signs, parking lots, noncommercial community association, recreation, and assembly buildings and facilities. 4. The following uses within the HC district shall be permitted on slopes exceeding 20 percent: a. Hiking and equestrian trails not permitting vehicles; b. Access roads which shall be non -visible unless applicant can prove to the satisfaction of the City that the only access to a non -visible area must traverse a visible area. (Ownership or non -ownership of property is not sufficient proof of reason to place a road in a visible area.) Roads shall not exceed 1.5 percent grade. D. Conditional Use Permit Required. In addition to the requirements of this Section, all development within the HC district shall require approval of a conditional use permit pursuant to Section ... E. Design Review Required. All development in the HC district shall be subject to design review by the Planning Commission pursuant to Section.... "Development" in this context shall include the following: grading, building, grubbing, or permitting any heavy equipment (equipment whose function is digging, clearing, earth -moving, grading, or a similar function disruptive to the natural terrain) access to the HC district property. F. Engineering Reviews Required. For every home site or for every subdivision proposed within the HC district, the following reports shall be prepared by a California -licensed engineer (licensed in the appropriate discipline), and filed with the City Engineer, unless specifically waived by the City Engineer based on a visit to the proposed site: 1. Hydrology, drainage, and flooding report for all sites; 12 0 1 "� 9.140. SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS [Draft. 81291951 2. Soil survey of the sites proposed attesting to stability of all sites and the appropriateness of the construction method proposed; 3. Underlying geology/engineering report attesting to stability of all sites; 4. Seismic analysis attesting to the stability of the site(s) and addressing the potential of material above the site(s) impacting the site(s); 5. Access plan showing the preliminary engineering for roads giving access to the proposed site(s); 6. Grading plan for the construction site(s) and access routes; and 7. A utility plan demonstrating the feasibility of providing water for domestic and fire suppression purposes, sewer, power, and other utilities, especially with regard to the scarring effects of the grading necessary to install such utilities. The City Engineer shall specifically approve each proposed site and access route based on the submitted reports. G. Other Studies Required. The following studies shall be filed with the Community Development Department as a part of the application process: All development in the HC district shall be subject to a report by a qualified biologist addressing the following: a. Natural vegetation and native plants which may be affected by the project; b. Wildlife habitats, migratory routes (e.g., for Bighorn sheep), and native animal species; and c. Plan to maintain corridors for wildlife habitat and movement of animals within HC district. 2. All development in the HC district shall be subject to a review by a qualified archaeologist addressing the following: a. A thorough examination of the site for archaeological remains; b. A plan for the salvage of any significant findings; and c. A review of the site for any significant historic or cultural resources. 3. A plan for the preservation of all areas exceeding slopes above ten percent as specified in Subsection ..., including: a. The designation of all areas exceeding ten percent slope, with the degree of slope noted, 13 9.140: SPECL4L PURPOSE SUPPLEMENTAL ,REGULATIONS [Daft: 812 919 51 and the calculation of the percent to be left undisturbed; b. The designation of all water courses both natural and man-made, with plans for the preservation and/or reintroduction of native drought tolerant plants. Water courses shall be designated as open space; and c. A monitoring program (following CEQA) for the preservation of open spaces. H. Grading, Grubbing and Scarring Control. 1. No permits shall be issued for any grading, grubbing, building or structure in the HC district until grading plans, slope planting and irrigation plans, and building elevations for design review have been submitted to the Planning Commission for recommendation and to the City Council for approval. In reviewing plans for grading, slope planting and irrigation, native revegetation, mitigation of scarring caused by grubbing and grading, preservation of the natural state of the hillsides and. water courses (based on slope angle) and building elevations, the Commission and council shall consider the purpose and intent of this Section and the criteria established in Section ..., together with applicable standards and shall approve the design if all applicable provisions are met. 2. Conditions may be applied when the proposed development does not comply with applicable standards so as to bring such development into conformity or the plans and drawings may be disapproved and the City shall specify the standard or standards that are not met. 3. The applicant or developer shall be responsible for the maintenance of all slope planting and irrigation systems until such time as the properties are occupied or at the time a new property owner or homeowner's association accepts the responsibility to maintain the landscaping in common areas, or other maintenance district formation is established. 4. Any person who fails to protect the natural terrain, defaces, grades, grubs, scars, or otherwise disrupts the natural terrain in the HC district without prior City approval of plans for such work subject to this Section shall have created a public nuisance which shall be abated. Abatement may include the property owner undertaking the restoration (under City supervision and monitoring), or that failing, City -contracted restoration of the disrupted area. The property owner may be charged the cost of the restoration together with the direct costs of supervision and monitoring of the restoration. If the property owner fails to reimburse the City for the costs incurred, a lien against the property for payment may be instituted. 5. Any plans which are being considered by the City for development shall, at the time of discovery of the creation of the public nuisance, be denied by the decision -making 14 9.140: SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS [Draft: 812 919 51 authority. After such time as the public nuisance :has been completely abated, the plans may be resubmitted upon payment of all required fees. 6. The provisions of this Section shall be in addition to other Municipal Code titles and regulations applicable to grading activities within the City. No grading shall be conducted, nor shall any grading permit be issued for grading in the HC district until grading plans and special drawings showing grading and topography as viewed from critical locations within the neighborhood or community have been approved by the City Council. 7. The Planning Commission and City Council shall consider the following matters of particular concern in their review of grading proposals in the HC district. Conditions may be attached to the approval of grading plans so as to achieve the purpose and intent of this Section and the following objectives: a. The health and safety of the public; b. The preservation of vegetation and animal habitat, designation of stream courses as open space, preservation of habitat corridors, encouraging revegetation with drought -tolerant native species; c. The avoidance of excessive building padding or terracing and cut and fill slopes to reduce the scarring effects of grading; d. The encouragement of sensitive grading to ensure optimum treatment of natural hillside and arroyo features; e. The encouragement of imaginative grading plans to soften the impact of grading on hillsides, including rolled, sloping, or split pads, rounded cut and fill slopes, and post and beam construction techniques; and f. The maximum retention of vistas, and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines, and canyons. 8. All land areas with 20 percent or greater slope shall not be graded in any manner except at the specific discretion of the City Council, and only where it can be shown that a minimum amount of development is in the spirit of, and not incompatible with, the purposes and policies set forth in this Section. 9. Table 9-... following indicates the minimum percentages of the ground surface of a site which shall remain in a natural state (no cut or fill or grubbing) or be developed solely for recreational purposes based on the average slope gradient of a site: 15 9.140: SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS [Draft. 81291951 TABLE 9-... PERCENTAGES OF NATURAL SITES TO BE PRESERVED Average Slope Gradient of Site (percent) Minimum Percent of Site to Remain in Natural State (no Cut, Fill or Grubbing) or to be Developed Solely for Recreational/Open Space Purposes 10.0-12.4 70.0 12.5-14.9 77.5 15.0-17.4 85.0 17.5-19.9 92.5 20.00 or more 100.0 I. Development Standards. 1. Maximum Density and Minimum Lot Size. In the HC district, the maximum density permitted shall be one residential unit per ten acres. On a contiguous parcel which includes areas both above and below the "toe of the slope," residential units may be clustered together below the "toe of the slope" to take advantage of buildable areas with lower slope angles, provided the overall density for the parcel of one unit per ten acres is not exceeded. Structures shall remain single family, separated, on individual lots having an area of at least seven thousand two hundred square feet. 2. Setback Requirements. The requirements for RL district shall apply. 3. Maximum Building Height. The requirements for the RL district shall apply except that no structure shall be placed in such a way that its outline is visible above a ridgeline. 4. Parking. Off-street requirements shall conform to Chapter .... 5. Roof Equipment. No roof -top equipment for heating, cooling or other purposes shall be permitted. 6. Architecture. The architectural treatment of structures within the HC district shall be compatible with the setting of the structure and shall be generally consistent with requirements of the desert setting and other architectural treatments found elsewhere in the City. Use of indigenous materials for the structure of walls should be encouraged. Fencing and walls shall conform to the standards for the RC Cove Residential district standards as 16 9.140: SPECL4L PURPOSE SUPPLEMENTAL REGULATIONS [Draft. 81291951 set forth in Section .... 7. Landscaping.On the cut or pad occupied by the structure, landscaping may be left to the choice of the homeowner providing some selection of drought -tolerant species is included. Elsewhere on the site (or within open space), native vegetation shall be undisturbed or shall be recreated after approved grading. 8. Utilities.All utilities shall be placed underground except for water tanks and substations, which shall be appropriately screened and)< painted in colors to blend into the background. J. Land Divisions in HC District. In order to assure compliance with the provisions of this Section, the following requirements shall apply to the proposed division of any property which is partially or completely within the HC district: A preliminary grading plan prepared in accordance with the provisions of Municipal Code Title 13 and this Section shall be submitted (together with other requirements of this Section) with every conditional use permit, tentative subdivision map or parcel map filed for approval. The preliminary grading plan shall show at least one practical, usable, and accessible building site which can be developed in accordance with the provisions of this Section within each proposed lot or parcel. K. Transfer of Development Rights. 1. Transfers of development rights shall follow the procedures and standards set forth in Chapter .... 2. Any owner of property within the HC district may transfer development rights from the HC district on the basis of one residential unit per ten acres. 3. Development rights may be transferred as follows: a. Transferred to a subdivided portion of the same property below "the toe of the slope," as presented in a conditional use permit; or b. By means of sale to any area of the City which has been zoned for residential purposes, provided the increase for any particular parcel does not exceed 20 percent of the General Plan density designation. c. Development rights may be retained by an individual. d. Transfer rights may be further sold as provided in Chapter.... 4. Any owner of property within the HC district may sell, bequeath or transfer the 17 i" _ 9.140. SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS [Draft. 81291951 development rights of the property, in accordance with this Section and Chapter ... to any governmental jurisdiction or any properly organized nonprofit organization whose charter allows for the ownership and/or transfer of development rights. The governmental jurisdiction or nonprofit organization may retain or sell or transfer acquired development rights in accordance with Chapter .... L. Relocation of Toe of Slope. If, as a result of an approved developmental project, a flood control structure is placed higher on a hillside area so that an area of alluvial fan becomes protected from flooding potential, or if the location of the toe of the slope is moved by alteration of some other criterion set forth in Subsection... of this Section for determining the location of the Toe of the Slope, the new area below the Toe of the Slope shall remain within the HC district. The conditional use permit approved for the development shall determine the effective density of any new developable portion of the new area by virtue of the transfer of development rights from the hillside areas to the new area. M. Ownership and Maintenance of Recreation/Open Space. 1. Those areas located within a hillside development controlled by this Section which are to remain as undeveloped open space, such as undevelopable slopes and natural landmarks, may be offered for dedication for game preserve, recreation, or open space purposes. Such areas may be offered to a public agency or to a nonprofit land trust.conservancy or similar organization whose charter allows for the ownership of development rights which will preserve the natural open space in perpetuity. (following paragraph to be rewritten by C/Attorney per your markup] 2. If an offer of dedication under Subsection M-1 of this Section or if such an offer is not accepted, the developer shall make provisions for the ownership and care of the open space in such a manner that there can be necessary protection and maintenance thereof. Such area shall be provided with appropriate access and shall be designated as a separate parcel or parcels which may be maintained through special fees charged to the residents of the subject development or through an appropriate homeowner's association or maintenance district. Maintenance in perpetuity shall be guaranteed through the bond of the developer if such is determined necessary by the City Council. N. Change in Designation of HC Land. All lands within the HC Hillside Conservation district are designated on the General Plan Land Use Policy Diagram as "Open Space." A property owner may propose a change from this designation and from the HC district zoning by means of all of the following procedures: 1. Approval of a General Plan amendment from Open Space designation to an equally appropriate category. 2. Approval of a change of zone from HC to an equally appropriate district. 18 9.140: SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS 3. Approval of a specific plan for the property. 81291951 4. Satisfaction of the engineering and other reviews required in Subsections ... and ... of this Section. 5. Compliance with all other Subsections of this Section except Subsections ..., ..., ..., and.... 9.140.040 FP Floodplain Overlay District. A. Boundaries of Floodplain Overlay District. The FP overlay district shall include all areas within the City that are designated as "Special Flood Hazard Areas Inundated by 100-Year Flood" on Flood Insurance Rate Maps (FIRM) provided by the Federal Emergency Management Agency (FEMA). These include the "A" and "AO" flood hazard zones. The boundaries of the FP District are as shown on the Official Zoning Map. B. Prohibition of Construction in Floodways. Floodway areas shown on FIRM maps are special flood hazard areas which carry high velocity flood waters, debris, and erosion potential. Therefore, except for necessary public improvements, no fill, structures, or other development shall be permitted within floodways. C. Flood Hazard Reduction. The following flood hazard reduction measures shall be required of all construction permitted within the FP District 1. Impact on 100-Year Flood Elevations. New construction shall not increase the water surface elevation of the projected 100-year flood. more than one foot at any point. In addition, new construction shall not create or exacerbate erosive velocities within special flood hazard areas. The City may require certification by a registered professional engineer that this requirement is satisfied. 2. Finish Floor Elevation. The finish floor elevation of the lowest floor of all new buildings shall be at least one foot above the 100-year or base flood elevation shown on the FIRM map. If no base flood elevation is shown on the FIRM map, the City may require certification by a registered professional engineer that the finish floor elevation requirement is satisfied. 3. Anchoring. All new structures shall be anchored to prevent collapse, flotation, or lateral movement from hydrostatic and hydrodynamic loading. 4. Water and Sewer Systems. All new and replacement water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. Wt 9.140. SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS [Draft. 81291951 5. Electrical, Plumbing, and Heating Systems. All new and replacement electrical, plumbing and heating equipment shall be designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding. 6. Drainage. On slopes, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. D. Permit Procedures. Proposed construction within the FP District shall require approval of a site development permit in accordance with Section .... and any other permits required by the base district regulations. In addition, the following requirements shall be satisfied: 1. Plans and Studies. Site development permit applications shall be accompanied by detailed studies and plans sufficient to show to the satisfaction of the Public Works Director that proposed structures are safe from flood flows, that there will be no resulting increase in base flood elevation, and that all other requirements of Subsection C of this Section have been or will be satisfied. 2. Requirements of Other Public Agencies. The application shall include evidence of compliance with applicable requirements of federal and other agencies, such as the U.S. Army Corps of Engineers and the Riverside County Flood Control District. 9.140.050 AE Adult Entertainment Overlay District. wbTf1= :-rh6 *'C�m i-ft beeilt, 01 Yri&n62.4C1 P-eA 012p, :7 o . C j-" l5 A. Purpose of Regulations. fr4e4""�j C✓" +y)-.) • ( Po. 20 - a"7) 1. The City Council finds that adult entertainment businesses, by their nature, have objectionable secondary effects upon adjacent areas. The purpose of this Section is to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods, prevent crime associated with adult entertainment businesses, maintain the integrity of residential neighborhoods, protect minors from the secondary effects of adult entertainment businesses, protect :retail trade occurring adjacent to adult entertainment businesses, maintain property values within the City, and protect and preserve the quality of life within the City. 2. It is not the intent of this Section and this Section shall not be so construed to suppress, regulate or affect in any way the content of communication or expression associated with adult entertainment businesses. 3. The City Council finds that this Section allows the establishment of adult entertainment businesses at a reasonable number of locations within the City. B. Boundaries of AE Overlay District. 20 9.140: SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS [Draft. 81291951 Areas of the City hereby designated as being within the AE Adult Entertainment overlay district are those parcels located in whole or in part within 600 feet of the centerline of State Highway 111. 2. The zoning designation for the parcel shall constitute the base or underlying zone and the AE designation shall constitute an overlay zone. 'In the event of conflicting provisions between the underlying zone and the AE overlay zone regulations, the requirements and restrictions of the AE overlay zone shall take precedence over the requirements of the underlying zone. C. Definitions. For the purposes of this Section, the term "adult entertainment business" is hereby defined to include the following described uses: 1. "Adult book store or video rental" means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, periodicals or audio visual materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." 2. "Adult business" means either (1) any business, other than those expressly specified in this Section, where employees or patrons expose "specified anatomical areas" or engage in "specified sexual activities"; or (2) any other business or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "specified sexual activities" or"specified anatomical areas." 3. "Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 4. "Adult mini -motion picture theater" means an enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 5. "Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." 6. "Baths, sauna baths, massage establishments" means any business or establishment for 21 9.140: SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS [Draft. 8/29/9S[ which a permit is required pursuant to Chapter 5.32 of the this code. 7. "Cabaret" means any business or establishment which conducts, sponsors or allows entertainment subject to Chapter 5.08 of this code, where such entertainment is distinguished or characterized by an emphasis on"specified sexual activities" or"specified anatomical areas." 8. "Encounter center" or "rap studio" means any business agency or person who, for any form of consideration or gratuity, provides a place where two or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing "specified sexual activities" or exposing "specified. anatomical areas." 9. "Escort bureau" or "introduction services" means any business or establishment which, for any form of consideration or gratuity, provides introductions or companions. 10. "Figure model studio" means any business or establishment which provides models or displays which expose "specified anatomical areas" to customers or patrons. 11. "Public dance hall" means any business or establishment subject to Chapter 5.12 of the La Quinta Municipal Code which conducts, sponsors, or allows dancing which is distinguished or characterized by an emphasis on "specified sexual activities" or"specified anatomical areas." D. Specified Sexual Activities. For purposes of this Section, the term "specified sexual activities" shall include any of the following: 1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral/anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; 2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; 3. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; 4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; 5. Masochism, erotic or sexual -oriented torture, beating or the infliction of pain; 6. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a 22 9.140: SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS [Draft. 81291951 human being; or 7. Human excretion, urination, menstruation, vaginal or anal irrigation. E. Specified Anatomical Areas. For purposes of this Section, the term "specified anatomical areas" shall include any of the following: 1. Less than completely and opaquely covered (1) human genitals or pubic region; (2) buttocks; or (3) female breast below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. F. Conditional Use Permit Required Notwithstanding any other provision of the this Code to the contrary, no person shall establish, conduct, operate, or maintain any adult entertainment business as defined in Subsection ... of this Section on any property in the City without having first obtained a conditional use permit therefor pursuant to the provisions of Section .... 2. Notwithstanding any other provision of this Code to the contrary, no conditional use permit shall be granted by the City for any adult entertainment business unless each of the following findings is made in addition to the other findings required for approval of a conditional use permit per Section ...: a. The premises upon which the adult entertainment business is proposed to be located is not located within one thousand feet of any lot upon which there is located a place of religious worship; public, private, or parochial elementary, junior high, high school, preschool, day care facility; public buildings; youth organization facilities; public park or playground; b. The premises upon which the adult entertainment business is proposed to be located is not located within one thousand feet of any lot upon which there is located any other adult entertainment business as defined in Section ... of this Section; c. The premises upon which the adult entertainment business is proposed to be located is not located within one thousand feet of any lot zoned for residential use; d. The premises upon which the adult entertainment business is proposed to be located is located in the AE Adult Entertainment overlay zone, as defined in Section ...; e. The exterior appearance of the structure in which the adult entertainment business is 23 9.140: SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS [Draft: 81291951 proposed to be located will be consistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood; f. The exterior appearance of the structure will not cause blight, deterioration or substantially diminish or impair property values within the neighborhood; and g. The applicant has received a police permit pursuant to Subsection ... of this Section. 3. For the purpose of Subsection ... of this Section, all distances shall be measured in a straight line without regard to intervening structures or objects, from the nearest point of the building or structure used as a part of the premise where said adult entertainment business is conducted to the nearest property line of any lot or premise described in Subsections F-2-a through F-2-d. 4. No adult entertainment business herein defined that is prohibited by any existing county, state, or federal laws shall be permitted. G. Police Permit Required. 1. Any applicant for a conditional use permit for an adult entertainment business shall make application for a police report to the Chief of Police, or his designated representative. Prior to submitting such application, a nonrefundable fee shall be paid to the City Clerk to defray, in part, the cost of investigation and report required by this Section. The City Clerk shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. Such application does not authorize the applicant to operate an adult entertainment business. 2. Each application for a police permit shall contain the following information: a. The full true name and any other names used by the applicant; b. The present address and telephone number of the applicant; c. The previous addresses of applicant, if any, for a period of five years immediately prior to the date of the application and the dates of residence at each; d. The applicant's height, weight, color of eyes and hair and date and place of birth; e. Two photographs of the applicant at least two inches by two inches taken within the last six months; FM 9.140: SPECL4L PURPOSE SUPPLEMENTAL REGULATIONS [Draft. 81291951 f. Business, occupation or employment history of the applicant for the five years immediately preceding the date of application; g. The business license history of the applicant and whether such applicant, in previous operations in this or any other City, state, or territory, under license, has had such license or permit for an adult entertainment business or similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation; h. All convictions within the last five years of any crime involving dishonesty, fraud, deceit, or moral turpitude; i. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this Section, but only one application fee shall be charged; and j. Such other identification and information as the police department may reasonably require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. k. The Chief of Police may also require the applicant to furnish fingerprints. 3. The applicants if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally appear at the police department and produce proof that nonrefundable application fee, established by resolution of the City Council, has been paid and shall present the application containing the aforementioned and described information. 4. The Chief of Police shall have thirty days to investigate the application and the background of the applicant Upon completion of the investigation, the Chief of Police shall grant the permit if the Chief finds that: 25 9.140: SPECIAL PURPOSE SUPPLEMENTAL REGULATIONS [Draft. 81291951 a. The required fee has been paid; b. The application conforms in all respects to the provisions of this Section; The applicant has not knowingly made a material misrepresentation in the application; and d. The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not within the last five years been convicted in a court of competent jurisdiction of any crime involving dishonesty, fraud, deceit, or moral turpitude. 5. If the Chief of Police, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this Section, the Chief shall notify the City Manager of such opinion and within thirty days of the date of application provide copies of the investigation report to the City Manager. The City Manager shall within ten days grant the permit or deny the application and notify the applicant by certified mail of such denial. Any applicant who is denied a permit by the City Manager may appeal such denial to the City Council pursuant to the provisions of this Section. H. Revocation of Permits. The City Manager may, based on evidence that any of the provisions of this Section have been violated, suspend or revoke a police permit or conditional use permit provided that written notice by certified mail of such suspension or revocation is furnished to the permittee. The permittee, within ten days after receipt of notice of suspension or revocation, may file an appeal with the City Clerk to be taken to the City Council. In the event an appeal is filed within said ten-day limit, the suspension or revocation shall not take effect until a final decision has been rendered by the City Council. If the permittee fails to :dle an appeal within the ten-day filing period provided herein, suspension or revocation shall take effect immediately upon expiration of such filing period. I. Penalties for Violation. 1. Any person, whether acing as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employer or operator, or whether acting as a participant or worker who in any way operates. manages or conducts any adult entertainment business as defined in Subsection ... of this Section without first obtaining a conditional use permit from the City, or who shall violate any provisions of this Section, shall be guilty of a misdemeanor. Any person violating any of the provisions of this Section shall be fined not less than $100 for each offense. Each day such violation shall continue shall be regarded as a separate offense. 26 9.140: SPECL4L PURPOSE SUPPLEMENTAL REGULATIONS [Draft: 81291951 2. Any establishment operated, conducted or maintained contrary to the provisions of this Section is unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement. removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may here have jurisdiction to grant such relief as will abate or remove such establishment or activities defined in this Section and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this Section. 27 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 purpos-. 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. 3. "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 OPERATIONS 9.145.030 Time Restrictions. 9151951 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 Fokeeptiona -V-X.otiw01 c v1s 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. ►a 9.145. LANDSCAPE MAINTENANCE OPERATIONS [Draft: 9151951 sx-04�V%5 �( S B. Other &Wpg�ws. The City may grant from these regulations if deemed appropriate by the Community Development Director. All requests for consideration of ns�iall be made i tiny to the Director and shall contain supporting information to justify the granting of an eKs. The Director may, at his/her discretion, attach any terms or conditions as necessary and appropriate in the granting of any.exeeption. eW,,a m F'6 w r . 9.145.0�60 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 m ► ncve. 1. Application may be made for a een&ienal 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 Ci' of La Quinta business license. A copy of a completed application for business license wHch 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 terns 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 Draft. 12122194 S CHAPTER 9.150: PARKING Sections: 9.1 0.010 Purpose and Intent ..................... 1 9.I 0.020 Approval of Parking Facilities ............. 1 9.1 0.030 Provision of Parking Facilities ............. 1 9.1 .040 Parking Location and Accessibility .......... 3 9.1 0.050 Determination of Spaces Required .......... 4 9.1 .060 Spaces Required by Use ................. 6 Par C J9.1 0.070 9.1 0.080 Parking Faccility Design Standards .......... 17 9.1 0.090 Handicapped Parking .................. 30 9.1 0.010 Purpose and Intent A. Purpose. These regulations are intended to: (1) provide for offstreet parking of motor vehicles attracted by the various land uses in the City; (2) ensure the health, safety and welfare of the public by preventing obstruction of rights -of -way and fire lanes; and (3) provide for properly designed parking facilities with adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance public safety. B. Parking Required Offstreet parking is required for all land uses in accordance with this Chapter. 5 9.140.020 Approval of Parldrig Facilities. A. Pennits Required Except for single family and duplex residences, establishment of all offstreet parking facilities shall be subject to approval of a site development permit in accordance with Section ... unless the parking facilities were previously approved in conjunction with a conditional use permit or site development permit and no changes in intensity of use are being proposed A grading permit shall also be required unless exempted under the City's Grading Code. B. Plot Plan Requirements. A plot plan shall be filed with all applications for a parking facility site development permit. The plot plan shall show the offstreet parking facilities and the use(s) to be served, together with pedestrian arrangements (including crosswalks, if necessary) connecting them The plot plan shall be accompanied by information required to determine total parking requirements as described in Section ... and documentation of the guarantee of continued offstreet parking required pursuant to Section .... C. Design Modfcations Approved by Director. The Development Director may, without notice or hearing, permit modifications to the onsite circulation, landscaping, and parking design requirements contained in Section ... if the Director determines that topographic or other physical conditions make it impractical to require strict compliance with these requirements. 5 &+�4. 9.1J0.030 Provision of Pariaing Facilities. A. Entities A uthonzed to Provide Parking. Off-street parking maybe provided for a particular land use by any or a combination of the following entities (so long as the appropriate guarantees described in Subsection ... of this Section remain in effect): PARK17VG [Draft: 12122] 1. On property containing the use: the property owner; lessee, or agent of the use for which the parking is required; or 2. On an adjacent property under the same ownership: the property owner, lessee, or agent of the use for which the parking is required; or 3. On an adjacent property not under the same ownership: an approved adjacent property owner, lessee, or agent who reserves spaces on a contract basis for the adjacent use; or 4. On an adjacent or nearby property not under the same ownership: a. An approved private (for -profit or not -for -profit) parking company which reserves, sells, leases, or rents adjacent or nearby parking spaces for that use; or b. An approved private parking association (such as in a shopping center) which creates and allocates parking spaces as credits or shares available to its subscribers/members to meet their parking requirements; or c. A duly authorized public entity (parking district, assessment district, redevelopment district, or similar agency) among whose powers include the authority to acquire and make available parking spaces and maneuvering areas, pedestrian walkways, shade structures, landscaping and other improvements. B. Contim"ion of Off -Street Peking Required 1. The validity of any permit to use property shall be directly contingent on the continued provision and proper functioning of required off-street parking. Failure to continue to provide the required parking in the approved usable condition shall be reason for immediate revocation of all permits for use of the property on the grounds that such parking deficiency constitutes a threat to the public health, safety, and welfare. 2. The owner of any property for which off-street parking is required shall be directly responsible for the continued provision of such parking. 3. The user of any property for which off-street parking is required shall demonstrate to the satisfaction of the City that the continued provision of the required parking has been adequately guaranteed for a period of at least as long as the permitted use. Forms of guarantee which may be required by the City include, but are not limited to, the following: a. The inclusion of exclusive or joint use rights for the required parking spaces in the lease for structural space on the same property; b. A recorded covenant merging together two properties under the same ownership which subordinates all other use claims and obligations to the provision of the required parking on the adjacent parcel; 2 PARKBIG AA t.• 121221 c. A contract for parking on other parcels, either: (1) A noncancellable provision, or (2) The earliest expiration or cancelable date for parking facilities occurring simultaneously with or after the time limit for the use requiring the parking or (3) A bond or other acceptable equivalent instrument in favor of the City which guarantees, in the event of the contract cancellation, termination, or expiration, suit, court jurisdiction or other occurrence which has the effect of rendering the required parking spaces unavailable, the continued provision of the required parking by means of alternate arrangements. 9.140.040 Parking Location and Accessibility. A. Location. 1. Residential Uses. Required parking shall be located on the same parcel as the residential building which the parking serves, except that such parking may be located on an adjacent parcel if all of the following conditions are met: a. The adjacent parcel is and continues to be under the same ownership as that of the residential building, b. The parking is on that portion of the parcel where the erection of garages, carports or shade structures is permitted, and c. The placement and distribution of required parking spaces are such that for any dwelling unit, the assigned or reasonably available parking spaces are no further than 100 feet by walkway to the entry of that dwelling unit. 2. Nonresidential Uses. a. Required parking shall be located on the same parcel as the use served, on an adjacent parcel, or on a parcel across an alley. Required parking may also be located across a street (other than a major or primary arterial) provided a properly designed crosswalk connects the parking with the use(s) served. b. Required parking spaces must be within a reasonable walking distance of the uses served by the parking, and be on a parcel in a commercial district, or in a district adjacent to a commercial district which by conditional use permit allows off -site parking. 3. Amended Provisions per Speck Plans. Amended ,provisions relating to parking location, configuration, and other matters may be imposed in conjunction with a specific plan. PARKING B. Accessibility. [Draft. 12122] 1. All required offstreet parking spaces shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times. 2. Required offstreet parking facilities and driveways shall not be used for any purpose which at any time would preclude the use of the area for the temporary storage of motor vehicles. 3. Unless otherwise provided by an approved discretionary permit, no owner or tenant shall lease, rent or otherwise make unavailable to intended users any offstreet parking spaces required by this article. 4. Required parking spaces shall not be used for the storage of vehicles unless such storage is calculated into the required parking formula. 5. No required parking spaces shall be used for the display of vehicles for sale. U n 6. If an area of parking is for park -and -ride programs, such area shall be in addition to the required parking area. If no additional area is provided for such purposes, the owner/operator of the parking lot shall arrange for part of the parking lot, at peak usage hours, to have encroaching parking removed by means of tickets and/or towing. S 9.140.050 Determination of Spaces Regtd ed. za64 A. Dete?mination of Spaces Requzmd Off-street vehicle parking requirements shall be 2 determined and provided in accordance with this Section when the subject building or structure is constructed or the use is initiated, or a use is changed. Ike-�#s of the-pbl-�safety and -Afar , mstking-aueri�fl-be-ie fmal��dge of how and eff-street �3rkang- s$aces-a-us�-er a- a€ ses-may—Lec}i In dete Oc off-street parking requirements, the City may use the alternative methods describe( WOW The City reserves the option of requiring the use of more than one of these methods, depending on the type, size and min of uses in a proposed development: 1. Tables 9-... and 9-... of this Section specifying the standard number of parking space! required for most land uses. This schedule is required unless the applicant can show to the satisfaction of the City decision -making authority that it does not apply. Other alternative methods herembelow may then be employed to determine the required parking spaces; 2. The Urban Land Institute "Shared Parking" methodology for calculating the peak demanc over time for parking in a development of rimed uses using the same parking facilities) 401 to SGct)Jn a(,l$b.o70 , amble act*-datkand fe-xp�ce fiom.,,A�compar#Te eevelopr4ents\witt )thi Lull to PARKING I— [Draft., 12122j -�"tier;7arvd; 3.'4, A City methodology for calculating the parking demand for extremely complex or unusual uses or combinations of uses for which the standard schedule, the Urban Land Institute methodology and/or verifiable data are not applicable. Some or all of the following factor: may be utilized in this methodology: expected numbers of occupants, employees, customers. or visitors, vehicles stationed on the site, ser✓ice and loading spaces required, handicappec spaces required, emergency access considerations, and use of parking by unauthorizec vehicles; S. An experimental approach —permitting a final period within which parking -demand may be --proven, with appropriate guarantees. B. Increases in Spaces Required. The City may increase the required number of parking space: for a particular use or development from that shown in Table 9-.. or 9-... of this Section under th( following circumstances: 1. Additional off-street parking shall be provided in accordance with the requirements of thi: Section at the time an existing building is altered, or dwelling units or guest rooms ar( added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use; 2. If the number of parking spaces actually provided in accordance with a City -certifies parking plan proves by experience to be inadequate to reasonably protect the health, safety and welfare of the public, the required number of parking spaces may be increased by thi City. Such increase may be ordered by the City Council after review and recommendatioi from the Planning Commission. If the property owner or user is unable or unwilling tc provide the additional required parking, the City may initiate proceeding which have thi effect of reducing the intensity of the land use to a level commensurate with the amoun of parking available. Qom . Decreases in Spaces Required Th e in the use is demonstrated and guaranteed to th 2. One of the methodologies described in Subsection A of this Section shows to th }marking demand is less than that shown in Table 9-.. or 9-... D. , Ping Reductions in CV District. The City may permit required parking spaces in the C Village Commercial district to be reduced through execution of a parking agreement, subject to th RARKNG -_ �` � ,� - �- [Wt:I2/221 following requirements: 1. A binding agreement, recorded against the property, between this ' City and the property owner. The agreement shall contain, at a minimum, all of the following: a. The agreement shall be binding upon the parties thereto, their heirs, successors and assigns, and shall run with the land; b. A payment schedule with a payment period not exceeding four years. If an assessment/benefit or parking improvement district is established, the obligation of the property owner shall become due and payable under the terms of such district; c. A cash mitigation payment. The amount p,er space shall be established as determined by the Planning and Development and Public Works Departments, plus an inflation factor. The amount will be calculated at the time of agreement execution. 2. An irrevocable offer from the property owner to participate in any future assessmentibenefit or parking improvement district that may be formed in the CV district. 3. The money collected may be released to a City -created lassessment/benefit or parking improvement district, or may be used in the furtherance of general parking improvements in the CV district, at the option of the City. Any financial obligation issued against such property shall be reduced accordingly to the amount of mitigation money paid at the time of the district formation. 4. The property owner shall secure the mitigation payment by providing the City with z second deed of trust in the amount of the total mitigation payment. E. Cenification of Required Peking. Numerical parking space requirements shall be determined and/or amended through approval of a parking plot plan pursuant to Section .... The numerical requirements shall be deemed certified upon such approval. s 9.140.060 Spaces Required by Use. A. Land Uses not Listed If no provisions for the required number of offstreet parking space: are set forth in Tables 9-... or 9-... of this Section or the provisions are not clear for a specific use the decision -making authority for the applicable use or project shall determine the number of parking spaces required. B. Definition of GFA. For purposes of this Chapter and this Code, gross floor ara or GFI, means the total square footage of all floors of a building, including the exterior wails but excludini courtyards and other outdoor areas. C. Peking for Residential Lmd Uses. 1. Table 9-... following contains the minimum number of parking spaces required for earl type of residential land use. PARKING — [Draft: 121221 z 2. Whenever any commercial or industrial use is located on a building site that is also used for residential purposes, parking facilities shall be provided for the residential use per Table 9-... in addition to the spaces required for the nonresidential use(s).poD r- TABLE 9-...: PAEtK NG FOR RESIDENUAL LAND USES Land Use Min. Offstmet Phddng RegWrement Additional Regpirements Single family detached, single 2 spaces per unit in a garage plus 2 Driveway length mustbe family attached and duplexes driveway spaces in front of garage (i.e minimum 20 ft. to allow in tandem with garage spaces), plus .5 room for driveway parking. guest spaces per unit if no on -street Additional guest panting may parking is available be required by the decision - making authority if drive- ways are not of sufficient od — ov ' 3 sen u.� � u Ai-� r v\, MOA.4- G '�1 � eye- - length. To�N-ihomes 2 spaces per unit in a game plus .8 All units shall be within 100 guest spaces per unit ft. of the nearest guest space. A parking plan will be required as part of develop- ment review showing alloca- tion of guest spaces. All guest spaces shall be restrict- ed to the use of guests only. Apartments and "airspace" t condo ini�mS; (1) Studio 1 covered space per unit, plus .5 guest For apartments and condo - spaces per unit miniums, aTroom such as a den, study, or sewing room (2) One -bedroom 1.2 covered spaces per unit plus .5 shall count as a bedroom guest spaces per unit For apartments, condomin- (3) Two -bedroom 2 covered spaces per unit plus .5 guest iums, mobilehome parks, spaces per unit senior citizen hotels, and congregate care facilities, (4) 'Three or more bedroom 2.3 covered spaces per unit plus .5 parking shall be arranged so covered spaces per each bedrm. over that all units are within 100 three, plus .5 guest spaces per unit. ft. of the nearest guest space. rkng plan shall be Mobilehome parks 2 covered spaces per unit, which may requuired part of r be in tandem, plus .8 guest spaces per development re review showing unit allocation of dwelling unit spaces and guest spaces. All guest spaces shall be Senior group housing/semor .5 covered spaces per unit plus .5 citizen hotels and congregate guest spaces per unit restricted to the use of guests care facilities only. PARKING [Draft: 121221 TABLE 9-...: PARKING FOR RESMENTIAL LAND USES Land Use Mn. Offstmet PwIdng ReWmxnent Additional Requirements Boardinghouse, roominghouse, 1 space per sleeping room and single room occupancy hotels D. Parking for Nonresidential Land Uses. Adequate Parking Required All nonresidential land uses shall provide offstreet parking in compliance with this Subsection and with Table 9-... following unless modified by the provisions contained in Section .... Table 9-..., sets forth the minimum requirements for each use. It shall be the responsibility of the developer, owner or operator of any use to provide adequate offstreet parking even though such parking may be in excess of the minimum requirements set forth in this Section. The City may impose such additional parking requirements in accordance with Subsection C of this Section if it finds that a parking study or other empirical data has demonstrated that additional parking spaces are required for a specific use or mix of uses. 2. Bicycle Pa *ing. In addition to the automobile parking spaces required per Table 9-... following, bicycle parking shall be provided for certain nonresidential uses in accordance with Subsection ... of this Section. TABLE 9-...: PARK NG FOR NONRESIDENTIAL LAND USES Land Use Min. Offstmet Paridng ReWmment Additional Requirements CONDIERCZAL USES: Adult Businesses 1 space per 200 sq/ft GFA Barbershops 2 spaces per chair Bars, pubs and cocktail lounges 1 space per 50 sq/ft GFA including indoor/outdoor seating areas (see also Restaurants) Beauty parlors/hair salons 3 spaces per station Dry cleaners 1 space per 200 sq/ft GFA i-) 4.1 PARKING /Wt. 12122] TABLE 9-...: PARING FOR NONRESIDENTIAL LAND USES Laundromats As stand-alone use: 1 space per 3 A washer/dryer combination machines. is considered one machine As part of a larger building: 1 space per 200 sq/ft GFA Lumberyards and nurseries 1 space per 500 sq/ft GFA indoor area, plus 1 space per 1000 sq/ft of outdoor area devoted to display or sales, plus 1 space per 2 employees Model home sales complexes 10 spaces Personal service establishments, 3 spaces per station including tanning salons, nail salons, massage services and uses of a similar nature Restaurants: (1) Conventional "sit-down", 1 space per 75 sq/ft GFA :including including any bar portion indoor and outdoor seating areas (2) Drive-i61/ st food 1 space per 100 sq/ft GFA, .including Drive- sta ' lane shall / indoor and outdoor seating areas, but be located that it does not no less than 10 spaces. In addition, also sery as, an access aisle there shall be at least 2 "grill' spaces to parking spaces for vehicles awaiting orders already paid for. (3) Retail food with ancillary 1 space per 150 sq/ft GFA including seating indoor and outdoor seating areas Retail Commercial: (1) General retail uses under 1 space per 200 sq/ft GFA For shopping centers, restau- 50,000 sq/ft GFA rants shall be computed separately using the (2) General retail uses 50,000 1 space per 150 sq/ft GFA applicable restaurant parking sq/ft GFA and greater ratio (3) General retail uses 100,000 1 space per 125 sq/ft GFA sq/ft GFA and greater (4) Furniture and appliance 1 space per 500 sq/ft GFA stores .PARKING [Draft.12122 TABLE 9-...: ]PARKING FOR NONRESIDENTIAL LAND USES Warehouses, storage buildings 1 space per 1000 sq/ft of gross area or structures used exclusively for storage purposes for storage Wholesale establishments and 1 space per 500 sq/ft GFA., excluding warehouses not used that area devoted to office or sales, exclusively for storage plus I space per 250 sq/ft of office or sales area Mni-storage facilities: (1) Single -story 1 space per 5000 sq/ft plus 2 spaces Drive aisles between storage for any caretaker's urnt bays must be wide enough for a parked vehicle plus a (2) Multistory 1 space per 2000 sq/ft plus 2 spaces fire lane for any caretaker's unit Outdoor storage, such as auto I space per 1000 sq/f , but no less wrecking and salvage, than 6 spaces contractors storage yard OFFICE AND HEALTH CARE USES: Banks, savings and loans, credit 1 space per 200 sq/ft GFA (For either unions and similar financial stand-alone or uses which are part of institutions a larger building) Convalescent hospitals and I space per 4 beds, in accordance with See also senior group nursing homes, homes for the the resident capacity of the home as housing (senior citizen aged. rest homes, children's listed on the required license or permit hotels) under Residential homes and sanitariums Uses, preceding General offices, other than I spaces per �sq/fl GFA Rates are for office uses medical )w dental ow, s n dus - 4-r' Ak p A,'11--/ eise-5 v-(,K, 3 �J C� only. If ancillary uses are included, such as financial L?C'V-e_1`-f "mot institutions, restaurants or retail establishments, parking for such uses must be provided per their applicable rates Hospitals 1.75 spaces per bed-5 Parking . study may be required Medical or Dental 1 space per 200 sq/ft GFA for first Offices/Clinics 2000 sq/ft plus 1 space per each 175 sq/ft over 2000 r PARKING [Draft. 121221 TABLE 9-...: PARKING FOR NONRESIDENTIAL LAND USES Veterinary hospitals and clinics 1 space per 200 sq/ft GFA exclusive J of overnight boarding areas AUTOMOTIVE USES: Automobile repair facilities 1 space per 300 sq/R GFA, but not less than 5 per business Automobile Service Stations: For service stations, GFA means all areas which are (1) Without retail sale of 1 space per 250 sq/ft GFA, plus 2 fully , enclosed and shall beverage and food items spaces per service bay include retail area, restrooms, storage and mechanical areas, (2) With retail sale of beverage 10 spaces, plus 1 space per 250 sq. ft. service bays, and cashiers and food items GFA, plus 2 spaces/service bay booth Automobile, truck boat, and I space per 300 sq/ft of office area. similar vehicle sales or rental plus 1 space per 1000 sq/ft of establishments indoor/outdoor sales/display area, plus 1 space per 300 sq/ft GFA for repair/service areas, plus 2 spaces per service bay Mobilehome sales 1 space per 300 sq/ft of office area, plus 1 space per 2500 sq/ft of indoor/outdoor sales/display area, Car Washes. (1) Full -service ��' , 16 spaces. (Fuel, vacuuming or drying Applicant may be required to areas shall not be counted as parking submit a parking study which Spaces) includes a stacking analysis for the proposed facility (2) Self-service 2 spaces per wash bays (wash bays shall not be counl:ed as parking spaces) INDUS"IRUL USES: General manufacturing and 1 space per 500 sq/ft GFA (with industrial uses maximum 10 percent office area) 1 [Draft: 121221 TABLE 9-...: PARW NO FOR NONRESIDENTIAL LAND USES Industrial Parks/Research and Development: (1) Manufacturing, research 1 space per 500 sq/ft (with maximum If uses are not precisely assembly, packaging, 10 percent office area) identified at the time of wholesaling application, the parking shall be based on the manufact- (2) Warehousing and 1 space per 1000 sq/ft (maximum 10 uring, research, assembly, distribution space percent office area) packaging and wholesaling rate (3) Cffices 1 space per 250 sq/ft for office square footage which exceeds 10 percent of GFA ASSEMBLY USES: Auditoriums, theaters (not 1 space per 3 seats and 1 space per 25 18 lineal inches of bench including cinemas) sq/ft GFA where there are no fixed shall be considered 1 fixed seats seat. Churches, temples and other 1 space per 3 seats within the main 18 lineal inches of bench places of assembly not specified auditorium and 1 space per 25 sq/ft shall be considered 1 fixed elsewhere GFA within the main auditorium seat. Additional parking will where there are no fixed seats, plus be required at the same rate required parking for other uses on the for other auditoriums, site assembly halls or classrooms to be used concurrently with the main auditorium. Cinemas (single- and multi- 1 space per 3 seats, plus 5 spaces for screen) employees Clubs, lodge halls and union 1 space per 35 sq/ft GFA within the halls (not including health main auditorium, plus required clubs) parking for other uses on the site Dance halls 1 space per 7 sq/ft of dance floor area, plus 1 space per 35 sq/ft of additional GFA Mortuaries and funeral homes 1 space for every 25 sq/ft or fraction thereof of assembly room floor area, plus 1 space for each vehicle stored onsite, plus 5 spaces for employees Senior centers 1 space per 125 sq/ft GFA 12 PARKING /Wt. 121221 TABLE 9-...: PARKING FOR NONRESIDENTUL LAND USES RESIDEN A]L, LODGING, AND CEUID CARE USES: Day care centers, including 1 space per staff member plus 1 space Stacking analysis may be preschools and nursery schools per 5 children. Parking credit may be required to define a drop-off given if queuing area for more than 4 facility that accommodates at cars is provided, but resulting parking least four cars in a shall be not less than 1 per staff continuous flow, preferably member plus 1 per 10 children one-way, to safely load and unload children Hotels: (1) Facilities with less than 200 1.1 spaces per guest bedroom plus 1 Parking dy may be rooms space for every 75 sq/ft of meeting required f roposed hotels room GFA plus the spaces required for ancillary commercial uses (2) Facilities with 200 rooms or 1.5 spaces per guest bedroom plus 1 more space for every 75 sq/ft of meeting room GFA plus the spaces required for ancillary commercial uses Motels 1.1 space per guest bedroom plus 1 If anci4ary uses are employee space per 10 guest rooms, proposed, parking study plus 2 spaces for any manager's unit, may be r plus the spaces required for ancillary commercial uses Timeshare facilities 1.5 spaces per dwelling or guest unit Parking\ y may be plus the spaces required for ancillary required commercial uses Senior group housing, rooming See Table 9-...: "Parking for houses, single -room occupancy Residential Land Uses" hotels, and other residential uses RECREATIONAL USES: Arcades, game and video 1 space per 200 sq/ft GFA Billiard or pool establishments 2 spaces per billiard or pool table plus required parking for other uses on the site Bowling alleys 4 spaces per alley plus required parking for other uses on the site 13 PARKfIVG [Drat: 12122] TABLE 9-...:1PA.RE NG FOR NONRESMENTLAL LAND USES Golf Uses: (1) Driving ranges 1 space per tee, plus the spaces re- quired for additional uses on the site (2) Pitch and putt, par three and 3 spaces per hole, plus the spaces re - miniature golf courses quired for additional uses on the site (3) Regulation courses 5 spaces per hole, plus the spaces re- quired for additional uses on the site Handball/racquetball facilities 1.5 spaces per court plus the spaces required for additional uses on the site Health clubs and spas 1 space per 150 sq/ft GFA (for Par study may be purposes of this use, swimming pool requirW area shall be counted as floor area) Libraries 1 space per 300 sq/ft GFA Shooting ranges 1 space per shooting station plus 5 spaces for employees Skating rinks, ice or roller 1 space per 100 sq/ft GFA, plus the spaces required for additional uses on the site Stables, commercial 1 space per each 5 horses kept on the Premises Swimming pools, commercial 1 space per 500 sq/ft of fenced outdoor area plus the spaces required for additional uses on the site Tennis clubs, commercial 3 spaces per court, plus the spaces required for additional uses onsite PUBLIC AND SFNH-PUBUC USES: Public utility facilities not 1 space per employee plus 1 space per Parking y may be having business offices on the vehicle used in connectionwith the required premises, such as electric, gas, facility water, telephone facilities 14 PARKING [Wt. 12122] TABLE 9-...: PARKING FOR NONRESMENTIAL LAND USES Schools: (1) Elementary and junior high 2 spaces/classroom or middle schools (2) Senior high schools 10 spaces per classroom (3) Colleges, universities and 20 spaces per classroom institutions of higher learning (4) TL-ade schools, business 20 spaces per classroom colleges and commercial schools 3. Required Bicycle Parking. Bicycle parking shall be provided for certain nonresidential uses in order to encourage the use of bicycles and to mitigate motor vehicle pollution and congestion. The minimum bicycle parking requirements for nonresidential uses are as follows: a. Land uses required to provide bicycle parking equal to minimum three percent of the total parking spaces required per Table 9-.. include: video arcades, bowling alleys, cinemas/movie theaters, commercial recreation, tennis clubs, health clubs, libraries, schools, and skating rinks. b. Land uses required to provide a minimum of five bicycle parking spaces include: churches, clubs/halls, hospitals, and restaurants (all categories). c. Land uses required to provide a minimum of one bicycle parking for every 25,000 square feet of gross floor area include governmental, general, medical, and financial office uses. d. In addition to the requirements of Subsections 2.a. through 2.c. of this Section, retail centers shall provide five bicycle parking spaces for each tenant having over 20,000 sq/ft of gross floor area. The spaces shall be provided at or near the major tenant's main entry. e. Bike racks shall be placed in shaded locations, out of the way of pedestrian flows and shopping cart storage and shall be provided with a mechanism which permits locking a bicycle onto the rack. 15 S-."L PARKING 5 9.1�0.070 Shared Paging. [Draft.- 121221 A. Cumulative Parking Spaxes Required Unless a reduction is permitted in accordance with Subsection B of this Section, the cumulative parking spaces provided for all land uses in a given area shall be equal to or more than the sum of the parking spaces required for the individual uses in that area, even if two or more nonresidential uses jointly develop and use required parking facilities. B. Reduction in Cumulative Spaces Via Shared Parking. The cumulative parking spaces required for land uses in a given area may be less than the sum of the parking spaces for the individual uses in the area if the City approves a shared parking plan based on one of the following: 1. The approved parking plan was developed and designed based on parking demand established by means of the Urban Land Institute's "shared parking" methodology (as described in ULI: "Shared Parking," 1983) using locally adapted data which consider the Coachella Valley's unique seasonality and demographics. 2. The approved parking plan was developed and designed based on the methodology for alternative parking demand determinations in accordance with Section.... 3. In cases where shared parking is desired but insufficient data is available to use either of the preceding methodologies, an experimental parking arrangement may be temporarily approved subject to all of the following conditions: a. Reasonably comparable data from similar joint uses demonstrates to the satisfaction of the City that the joint -use proposal is potentially workable; b. The joint uses are separated in time by a minimum of sixty minutes and/or are for separate days; c. A 15 percent excess capacity is provided to accommodate unforeseen miscalculation of peak use and/or separation of time; d. The joint time-shared use of parking facilities is a binding part of one or more approved plans for the uses requiring the parking; e. To guarantee a two-year proof period, the land for additional parking is reserved or optioned and a bond or acceptable equivalent mechanism (in favor of the City) is posted to cover the costs plus ten percent for acquiring the land and constructing the credited parking spaces for a period of two years from the commencement of the last joint use at one hundred percent capacity, or until such time prior to the expiration of the two-year period as the City elects to release the guarantee pursuant to the conditions of approval; f. An program of data gathering to document the actual parking demand claimed during the trial period is implemented to the satisfaction of the City. 16 PARKING _ [Draft. 12122] 9-140.080 Paddng Facility Design St mdards. A. Parking Layout and Cin;ulction 1. Except for single-family detached, single-family attached, duplex, and townhome residential uses, no parking facility shall be designed so that vehicles are required to back into a public street to exit the facility. 2. No parking space shall be located within three feet of any property line. 3. Tandem parking shall be permitted only in mobilehome parks/subdivisions and as driveway guest parking for single-family detached, single-family attached, andduplex residential uses, 4. With the exception of single-family detached, single-family attached and duplex residentia uses, all parking bays shall be bordered by continuous curbs to serve as drainage channel! and as wheel stops. Individual wheel stops shall not be permitted.. 5. All driveways shall be designed for positive drainage. If an inverted crown is proposed foi a driveway, the center portion shall be a ribbon gutter of portland cement concrete rathe than asphaltic concrete. 6. Parking lot layouts shall provide a clear hierarchy of major access drives (connecting the parking area to the public street), fire lanes, loading areas, minor drives, parking ba` maneuvering areas, etc. Parking shall not be arranged to require backing out into majo. access drives. 7. In order to avoid dead end aisles, parking bays with ten spaces or more shall connect witl other parking bays or drive aisles or shall provide a turnaround area at the end of the bav 8. Except for facilities with less than ten spaces, entry or exit driveways (i.e. major acces drives) shall provide access between parking bays and the public street but shall not provide direct access to parking spaces. Sufficient throat shall be provided to allow fo - , deceleration/queuing in -bound and queuing out -bound traffic. 9. Entry/exit driveways shall be placed where they result in the least interference with the floN of traffic on the public street to which they connect. 10. Adjacent entry driveways-, shall be arranged to allow parking lot maneuvering from on establishment to another: without requiring exit to the street. Adjacent properties sha maintain agreements which permit reciprocal driveway connections across property lines r 1 PARKING B. Parking Facility Design and Dimensions. /Draft. 12122] 1. Regular Space Dimensions. All parking spaces up to the minimum required shall be designated for regular vehicle parking. Regular vehicle spaces shall have the following minimum dimensions: Width: 9 feet; Length 17 feet to curb plus two feet overhang where curbs are not provided, a minimum length of 19 fxt is required. 2. Compact Space Dimensions. Compact spaces are permitted only if such spaces are in excess of the minimum parking requirement for the use. Compact vehicle spaces shall have the following minimum dimensions: Width: 8.5 feet.; Length 16 feet to curb plus 1'/2 feet overhang; where curbs are not provided, a minimum length of 17'/2 feet is required. Compact vehicle spaces shall be clearly marked and distributed throughout the parking facility. 3. End Spaces. Parking spaces at the end of a parking aisle against a curb or wall shall be widened by two additional feet and/or shall have a backing -out pocket provided. 4. Parallel Spares. Spaces provided for parallel parking shall be a minimum of 9 feet wide and 24 feet in length to permit room for maneuvering. If a wall or curb in excess of eight inches in height is adjacent to the parallel parking space, the space shall be ten feet in width. All end spaces confined by a curb shall be 30 feet long. 5. Parking Aisles Table 9-... following contains minimum dimensions for parking aisles: TABIE 9-...: MMMUM PARKING AISLE DIlVIENSIONS Parking Angle (degrees) One -Way Aisle Width (feet) Two -Way Aisle Width (feet) 0-44 (0' = parallel) 14 26 45-54 16 26 55-64 18 26 65-79 22 26 80-90 26 26 6. Space Marking. With the exception of single-family detached, single-family attached and duplex residential, all parking spaces shall be clearly marked with white or yellow paint or other easily distinguished material. Marking shall be a minimum of four inches wide and shall be double or "hairpin" style. 18 i j PARKING [Draft: 121Z 7. &try/Exit Driveways. Entry and exit drive•,vays for commercial d multifamily parkin lots shall be a minimum of 24 feet wide plus any median wid (medians shall be minimum of 3 feet wide). Additional turning lanes, if required, shal a minimum of 1. feet in width. One-way entry or exit drives shall be a minimum of ve feet in widtl Maximum driveway width shall be 48 feet plus median width properly radiused. Intern; driveways shall conform to the minimum widths, depending on the angle of parking i Table 9-... of this section. 8. Curve Radii. Entry driveways shall be radiused at five feet. Internal planter radii shall I a minimum of three feet. Driveway radius shall be a minimum of 16 feet inside and 2 feet outside if confined by a curb or other construction. 9. Sight Distance. No parking space adjacent to a major drive within the parking facility sha encroach on the obstruction -free zone provided for clear view sight distance at access poin to major drive where traffic control (such as a traffic signal) is not provided. TY obstruction -free zone shall be a six-foot wide linear strip adjacent to the curbline of tI street or major drive and shall extend in both directions from the access point in accordant with Riverside County Road Department Standard Drawing No. 806. 10. Handicapped Parking. Handicapped parking shall be provided in accordance with Sectic C. Fire Lanes. I. Fire lanes meeting fire department standards shall be provided to allow acces\all structur (both front and rear) for fire, law enforcement, and emergency medical purposes. 2. Fire lanes shall be kept separate from loading or service areas and shall have a minimu of parking spaces adjacent to the fire lane in order to minimize possible obstruction of tl fire lane. 3. Fire lanes shall be adequately marked and patrolled to prevent parking and oth obstructions. D. Pedestrian 0m7dation 1. The purpose of a parking lot is to provide for the transition from vehicular to pedestri movement. All parking lot arrangements shall be designed to provide for the maxima safety and convenience of pedestrians in their movement to and from the parking area. 2. Where possible, landscaped areas shall also contain paved pedestrian walks for the sz movement of pedestrians. PARKING [Draft: 12122] 3. On major driveways, crosswalks shall be provided to mark cross -vehicular pedestrian movement. S t�h 4. Textured surfacesand speed bumps shall be used to keep vehicular speeds low. E. Loading amd Other Service Facilities. 1. Off -Street Loading Requirements. a. Whenever the City determines that the nominal operation of any use or development requires that goods, merchandise, or equipment to be routinely delivered to or shipped from that location, sufficient off-street loading and unloading area must be provided in accordance with this Subsection to accommodate such activities in a safe and efficient manner. For purposes of this Chapter, the term loading means both loading and unloadine. b. Table 9-... following shows the number and size of loading berths expected to satisfy the standards set forth in this Subsection. However, the Planning Commission may require more or less loading area if it determines such change to be necessary to satisfy the purpose set forth in Subsection La. of this Section: TABLE 9-...: NUMBER OF LOADING BERTHS REQUIRED BY FLOOR AREA Gross Floor Area (sq/ft) minimum Loading Berths Required 1,000- 19,999 1 20,000-79,999 2 80,000-127,999 3 128,000- 191,999 4 192,000 - 255,999 5 256,000- 319,999 6 320,000- 391,999 7 Each additional 72,000 square feet or fraction thereof 1 additional berth c. Each loading berth shall be not less than 45 feet in length and 12 feet in width exclusive of aisle or maneuvering space, and shall lave an overhead clearance of not less than 14 2( PARKL1r'G F. Parking Lot S'wfacing. [Draft. 12122] 1. All parking areas shall be designed and built with positive drainage to an approved drainage conveyance. No ponding shall be permitted. .��V('Lsj r 2. All parking and maneuvering areas shall be paved with asphaltic or portland concrete over the appropriate asphaltic base. The structural section of the pavement and base material shall be commensurate with the anticipated loading and shall be calculated in accordance with the method promulgated by the California Department of Transportation (Caltrans). 3. The minimum thickness for portland concrete surfacing is three and one-half inches and shall be increased as needed to accommodate the expected loading: Expansion joints shall be provided. 4. The minimum structural section for asphaltic concrete pavement shall be compacted to a minimum thickness of three inches on four inches of Class Two base. The base thickness can be varied based on the recommendation of a preliminary soil report. A modified structural section may be used based upon the recommendation of a registered civil engineer if approved by the City. 5. For projects exceeding twenty acres, up to 25 percent of the required parking spaces (excluding driveways and other maneuvering spaces) around the perimeter of the parking lot adjacent to streets may be surfaced with grass block (a form of block into which grass is planted) instead of asphaltic or portland concrete. Use of this material increases percolation of rain, reduces detention basin sizes, gives the impression of greater landscaped space, and reduces the hard paved surface thereby reducing the local heating effects. Grass block areas must be irrigated (preferably at night) and mowed. The configuration of the grass block will require solid block between spaces to demarcate parking stalls. Curbs are still required as edges of grass block parking areas. This option is provided because use of the outer edges of parking lots tends to be limited to holiday season peak periods. G. valet Parking. I. Valet parking shall be reviewed by the Planning Commission as a the site -� si�te development permit or other entitlement for the use, �+L as A pLM 2. When valet parking is provided, a minimum of 25 percent of the required parking area shall be designated and arranged for self -parking to prevent on -street parking and blocking of fire lanes. 3. The drop-off point for valet parking shall be convenient to the front door of the facility, shaded, one way, and of sufficient capacity .o accommodate three cars abreast. rM C is 4 [Draft: 12122] 4. The route from the drop-off pick-up point to the area designated for parking shall be via an onsite private drive and shall not utilize any public street. 5. A safe pedestrian route for valet staff shall be provided which does not cross the path of the valet parking route. 6. All valet parking approvals shall be conditioned to require that sufficient liability insurance for patrons be carried during each year of operation. H. Shopping Cc#t Storage. 1. Every use which utilizes shopping carts shall provide a shopping cart collection area or cart racks. 2. Cart racks shall be distributed so that no parking space within the facility is more than in 100 feet from the nearest cart rack in order to prevent parking spaces from being lost to the random abandonment of shopping carts. 3. Each cart rack shall include either a steel frame or curbs on the lower side to contain the shopping carts. 4. Nonresidential site development permit approvals shall include a condition requiring parking lots to be cleared of shopping carts no less frequently than once every two hours. More than twenty-five percent of the required parking spaces blocked by shopping carts shall constitute a public nuisance and shall be abated. 5. Site plans and parking facilities shall be arranged in such a way that pedestrians with carts need not cross major internal driveways or alternatively, to provide a crosswalk at crossing points with textured paving preceding the crosswallc to alert drivers. 6. If sidewalks adjacent to stores are used for temporary storage of assembled shopping carts, such sidewalks shall be designed with extra width so that pedestrian flows are not blocked by shopping carts. The Planning Commission may also require a screening wall or landscape screening in front of such a cart storage area. I. Underground and Decked Pa*ing. 1. The minimum dimensions for underground, decked, or covered parking shall be as required for uncovered surface area parking as specified throughout this section, except additional minimum dimensions may be required for specific circulation conditions or structural impediments created by the parking structure. 2. The clearance heights of overhead obstructions shall be clearly marked. 24 PARKING [Draft. 12122] 3. A level or nearly level transition area between the street and ramps up or down parking 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 the environment. This shall include perimeter grade planting and rooftop landscaping as deemed appropriate by the Planning Commission. 5. Parking structures shall be subject to site development permit review in all cases. As part of such review, special care shall be taken to prevent the mass and height of parking structures from intruding into the streetscape. 6. Multiple level parking structures shall contanz light wells (minimumm dimensions: 20 x 20), placed at least every two hundred feet. The base elevation of the light well shall be landscaped. Tall trees (especially palms) shall be used to tie together the various levels of the parking structure. In addition. the Plannvlg Commission may require that upper levels be set back from the level immediately below in order to minimize the apparent mass of the structure from the street. I Drive-Thru Facilities. I. Drive-thru facilities shall conform to the following regulations. ExeeptioRs-le- i - - -�eStgir361i3�i92�r: 2. No drive -through facility shall be permitted within 200 feet of any residentially zoned o used property. 3. Safe on- and off -site traffic and pedestrian circulation shall be provided including, but no limited to, traffic circulation which does not: conflict with entering or exiting traffic, wid parking, or with pedestrian movements. 4. A stacking area shall be provided for each service window or machine which contains minimum of seven tandem standing spaces inclusive of the vehicle being served Thi standing spaces shall not extend into the public right-of-way nor interfere with any interns circulation patterns. 5. The drive -through facility shall be designed to integrate with existing or proposes 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 servic windows shall be screened from public rights -of -way and adjacent properties. J PARKING jDraft: 1212, 8. Exits from drive -through facilities shall be at least three vehicles in length, shall hay adequate exiting sight -distance, and shall connect to either a signalized entry to a traffic c shall be limited to right turns only. K. Lighting. o.� e artGi v ,� Lsoad ,ne, a� S 1. Illumination of parking and loading areas shall conform to the requirements this Subsectic and Section ... (Outdoor Lighting). Z. Lighting shall be provided for all parking lots exceeding four spaces. 3. All off-street parking areas in multifamily residential districts shall be illuminated at nigI 4. Commercial establishments shall provide night lighting throughout required parking are, at all hours of customer and employee use.. 5. Night use of loading areas shall be provided adequate lighting. 6. Entries/exits to all parking areas shall provide safety lighting all night as approved by d Planning Commission. 7. Lighting, where installed for parking area, sales and/or display area, shall be arranged as to reflect away from adjoining residential areas and shall be designed to minimi: impacts on vehicular traffic and residents. 8. Light sources shall not be visible from off the property, shall not direct light skyward, ar shall be so arranged by means of filters or shields to avoid reflecting light onto adjoinir properties or streets. pert. ---�tons q , (� v ,1 [p q , j D o , I S O 9. Light standards should be placed between parking spaces or built into landscaped areas 10. Light standard heights shall be as per manufacturer's recommended photometrics, but in i case shall the height exceed the maximum permitted building height of the zone in whit it is situated or eighteen feet,,whichever is greater. Graduated light standard heights with a site with lower heights in peripheral areas may be required by the Planning Commissic to provide compatibility with- adjoining properties and streets. 11. Average illumination levels, in parking areas which require lighting shall be between o: and two footcandles, with a maximum ratio of average light to minimum light of three one. Lighting plans shall take into account the placement and growth of landscape materia PARKING L. Screening of Pacing Areas. (Draft: 12122J 1. Screening Required Except for single-family detached, single-family attached and duplex residential, all parking areas shall be screened by means of walls or other materials in accordance with this Subsection. 2. Height: Screening shall be a minimum of three feet high adjacent to public streets or nonresidential uses and a minimum of six feet high adjacent to residential uses, except that any walls within ten feet of a street or alley shall not exceed 30 inches high. `i &i% r, 3. Screening Walls. a. Wall Materials. Walls shall consist of concrete, stone, brick, tile or similar type of solic material a minimum of six inches thick. Walls shall utilize durable materials, finishes, and colors consistent with project buildings. b. Wall Articulation. To avoid visual monctony, long straight stretches of wall or fencf shall be avoided. Walls and fences shall be varied by the use of such design features a offsets (i.e. jogs), open panels (e.g. containing wrought iron), periodic variations it materials, texture, or colors, and similar measures. Screening walls or fences may alsc include open portions (tubular steel, wrought iron, etc.) if the d@44-auth a:it` determines that the desired screening of parking areas is still achieved. L c. Wall Planting. Shrubs and/or vines shall be planted on one or both sides of perimete walls to add visual softening except where determined infeasible or unnecessary by thi rity. 4. Other Screening Materials. In addition to walls, screening may consist of one or combination of the following materials: a. Plant Screens and Benns. Plant materials, when used as a screen, shall consist o compact evergreen plants or landscaped berms (earthen mounds). Such planting shall b, of a kind or used in such a manner so as to provide screening with a minimum thicknes of two feet within 18 months after initial installation. Width of landscape strips and othe landscaping standards shall be in accordance with Subsection ... of this Section. b. Solid Fences. A solid fence shall be constructed of wood or other materials with ,� minimum nominal thickness of two inches and shall form an opaque screen. c. Open Fences. An open weave or mesh -type fence shall be combined with plant material to forTn an opaque screen. f�: PARKING Ni Parking Facility Landscgoing. [Draft. 121221 I. Propose. Landscaping of parking lots is beneficial to the public welfare in that such landscaping minimizes nuisances such as noise and glare, provides needed shade in the desert climate, and enhances the visual environment. Therefore, landscaping shall be incorporated into the design of all off-street parking areas in accordance with this Subsection. 2. Preservation of Existing Trees. Where trees already exist, the parking lot shall be designed to preserve as many such trees as feasible (in the opinion of the decision -making authority) in order to make the best use of the existing growth and shade. 3. Screening. Screening of parking areas shall be provided in accordance with Subsection ... of this Section. 4. Perimeter Landscaping. Whenever any parking area, except that provided for single-family dwellings, adjoins a street right-of-way, a persneter planting strip between the right-of-way and the parking area shall be landscaped and continuously maintained. All planting within ten feet of any entry or exit driveway shall not be permitted to grow higher than 30 inches. Berms or low walls may also be incorporated into the planting strip. The width of the planting strip, measured from the property line, shall be in accordance with Table 9-... following. (See also Nonresidenti l Development Standards, Section ...). LIRI rAA- C 0t4;er str2e &-2at CZV�IZDY1) TA.BIE 9-...: REQUMM PIIt AWIM LANDSCAPING Street or Highway 'Mn. Width of Planting Strip Area to be Shaded (feet) Highway 111 50 Primary Image Corridors* 20 Other Streets and Highways 10 * The following are Primary Image Corridors as identified in the General Plan: Washington Street, Jefferson Street,1 figWvmy i+i., Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington St.) Interior Landscaping. Within open parking lots (i.e. not including parking structures; containing four or more parking spaces, a minimum of the percent of the interior parkin€ area shall be landscaped. Perimeter planting strips required per Subsection ... of this Sectior shall not be credited toward this thee -percent interior landscaping requirement. a. At least one ff e-gallon size tree for every ten spaces or fraction thereof shall bE 2' PARKING [Draft. 121221 included in the required interior landscaping. RQ +0 1 b. All open areas between curbs or walls and the property line 1 be permanently landscaped and continuously maintained Landscaping shall includ shrubs, trees, vines, groundcovers, hedges, flowers, bark, chips, decorating cinders, gravel, and similar material which will improve the appearance of parking areas;(See also Nonresidential Development Standards, Section ...). c. Interior landscaping shall be distributed evenly throughout the entire parking area 6. Parking Lot Shading As part of the minimum three -percent interior landscaping required per Subsection ... of this Section, trees of suitable size (at maturity), spread and climatic conditioning shall be placed throughout the parking area to provide adequate shade for pedestrians and vehicles. Canopy -type trees shall be placed so as to shade a portion of the total parking area within 15 years in accordance with Table 9-... following. TABLE 9-...: REQUIRED PARKING LOT SHADING Nfia Required Packing Spaces NIn. Percent of Paddng Area to be Shaded 0-4 n/a - 5 24-- ---25-49- AA 5 + -5 +- 50 a A shade plan shall be submitted with detailed landscaping plans which shows canopies after 15 years growth to conf nn compliance with the above percentage requirements. Professional landscaping judgment shall be used to evaluate the plan as to its 15-year growth and coverage and its compliance with the Table's percentage shade requirements. Shade coverage shall be determined by the approximate crown diameter of each tree species at 15 years of age. b. Tree locations should not interfere with required lighting of public areas or parking areas. 7. Landscaped Planters. All planter beds containing trees shall be at least six feet in width or diameter. All landscape planter beds not containing trees shall be at least three feet in width or diameter. Boulders, gravel, and the like, may be integrated with plant material into a well -conceived plan. Berming or other aesthetic approaches integrated into the overall design are encouraged 2S PARKLVG [Draft. 121221 8. Curbs Required All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb or landscape planter at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area.. 9. Irrigation Effective full -coverage irrigation systems shall be installed and maintained in all landscaped areas so that landscaping reman-is in a healthy growing condition and in compliance with the approved plan. All dead vegetation shall be removed and replanted.: Hose bibs shall be placed at intervals of not less than two hundred feet. Irrigat*a ate:L shall be contained within property lines. '� :r 10. Landscaping of Undeveloped Areas. All undeveloped areas, such as pads for future development, within the interior of any parkvag area shall be landscaped with appropriate plant material and maintained in good condition. 11. Landscape Plans. Landscape plans shall be submitted in conjunction with grading and other development plans for all parking facilities with four or more spaces, except for single family detached, single family attached and duplex residential. Plans shall include all planting, hardscape, irrigation, and other items required by this Subsection. Plat lists shall be included giving the botanical and common names of the plats to be used and the container size at time of plating. 12. Use of Gass Blocks. Subsection ... of this :Section provides the option of surfacing the perimeter of larger parking lots adjacent to streets with grass block (a form of block into which grass is planted) instead of asphaltic or portland concrete. N. Nonconforming Parking. 1. Multifamily and nonresidential uses which were legal uses on the effective date of this Code shall be allowed to continue in operation at whatever parking ratios were in effect at that time the use was established, provided such use was properly permitted and parked it accordance with the regulations in effect at that time. 2. Any additional uses, any intensification of use, any expansions, or any changes of use which involve a need for added parking shall comply with this Section. Only the changec portion of the use will be required to conform to this Section unless an overriding public safety issue, confirmed by the Planning Commission and the City Council, requires redesign of the existing parking. S �avr �a 9.1J0.090 Handicapped Pahang. A. Handimp Peking Facilities Required Public accommodation or facilities, includini industrial, commercial, professional, institutional and multifamily dwellings of five or more units shall provide parking spaces for the physically handicapped in compliance with this Section (see alsi 3 PARMG —. [Draft.* 12122,J Subsection ....pertaining to design requirements): B. Spaces Required Table 9-..., following, shows the number of handicapped parking spaces required: TABLE 9-...: REQUIRED HANDICAP SPACES Total Number of Parking Spaces Number of Handicapped Parking Spaces Required 1-40 1 41-80 2 ' 81-120 3 121--160 4 161--300 5 301--400 6 401-500 7 Over 500 1 for each 200 additional spaces provided C. Pa*ing Space Size and Location Parking spaces for the physically handicapped shall b located as near as is feasible to a primary entrance. If only one space is provided, it shall be 14 fee wide and outlined to provide a nine -foot parking area and a five-foot loading and unloading arm Wh--n more than one space is provided, in lieu of providing a 14-foot-wide space for each parkin space two spaces may be provided within a 23-foot-wide area lined to provide a nine -foot parkin area on each side of a five-foot loading and unloading area in the center. The minimum length c each parking space shall be 18 feet. (See also Section ... pertaining to design requirements.) D. Ammgement of Parking Area In each parking area, a bumper or curb shall be provided an located to prevent encroachment of cars over the required width of walkways. Pedestrianways whic are accessible to the physically handicapped shall be provided from each such parking space t related facilities, including curb cuts or ramps as needed Ramps shall not encroach into any parkin space except where such encroachment into the length of any handicapped space does not limit tr handicapped person's capability to enter or leave the vehicle. E. Slope of Ph*ing Space. Surface slopes of parking spaces for the physically handicappc shall be the minimum possible and shall not exceed one-half percent in any direction. F. Identcation of Spaces. l PARKING IDh t: 12122] 1. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded tent, or equivalent displaying the international symbol of accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade or centered on the wall at the interior end of the parking space at a minimum height of 36 inches from the parking space finished grade, ground or sidewallc. In addition, the surface of each parking place shall have a surface identification duplicating the symbol of accessibility in blue paint at least three square feet in area 2. A sign shall be posted, in a conspicuous place, at each entrance to the offstreet parking facility, not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, which clearly and conspicuously states the following: "Unauthorized vehicles not displaying the distinguishing placards or license plates issued for physically handicapped persons may be towed away at the owner's expense. Towed vehicles may be reclaimed at or by telephoning " G. Vertical Cleauxe. Entrances to and vertical clearances within parking structures shall have a minimum vertical clearance of eight feet two inches where required for accessibility to handicapped parking spaces. R Additional Requirements. State regulations for accommodation of the disabled should be referred to for additional handicapped site development requirements, including curbs, ramps and landing requirements. Information is available at: Office of the State Architect Access Compliance Unit 1500 5th Street Sacramento, CA 95814 32 Draft: 119195 CHAPTER 9.160: SIGNS Sections: 9.160.010 Purpose and Intent ........................... 1 9.160.020 Exempt Signs ............................... 1 9.160.040 Permanent Signs in Residential Districts ......... 5 9.160.050 Permanent Signs in Nonresidential Districts ....... 6 9.160.060 Permitted Temporary Signs .................... 9 9.160.070 Permitted Semi -Permanent Signs .............. 11 9.160.080 Sign Permit Review ......................... 13 9.160.090 Prohibited Signs ........................... 17 9.160.100 Existing Signs ............................. 19 9.160.110 Enforcement .............................. 20 9.160.120 Sign Definitions ............................ 21 9.160.010 Purpose and Intent. A. Purpose. These regulations are intended to implement the goals and policies of the General Plan by: 1. Providing minimum standards to safeguard and enhance property values and protect public and private investment in buildings and open spaces; 2. Preserving and improving the appearance of the City as a place to live, work and visit. 3. Encouraging sound signing practices to aid business and provide information to the public; 4. Ensuring that signs effectively identify business and other establishments; 5. Preventing excessive and confusing signing displays ; 6. Reducing traffic hazards and promoting the public health, safety, and welfare by minimizing visual competition among signs; 9.160.020 Exempt Signs. A. Signs not Requiring Sign Permits. The following signs do not require a sign permit nor shall the area and number be included in the aggregate area or number of signs permitted for any premises or use. Such signs shall not be illuminated nor placed within any public right-of-way unless specifically permitted hereinbelow. However, this exemption shall not be construed as relieving the sign owner of the responsibility of. (1) obtaining any building or other permits required for sign erection, (2) proper sign maintenance, or (3) compliance with applicable provisions of this Chapter or of any other law or ordinance: TABLE 9-...: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type I Placement I Max. Area Illumination In this Table: • "n/a" means not applicable or no restriction • "Building -mounted" means signs mounted flush -to -wall only 1. Official notices issued by any court or public body or n/a n/a n/a officer and notices posted by any public officer in the performance of a public duty or by any person giving legal notice LQZC -- T �': L SIGNS [Draft: 1191 1X.. TABILE 9-...: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type Placement Max. Ulumination Area 2. Within residential districts, signs4dentifying the residential Building- 2 sq/ft No - --;address and/or the occupaafs.name(sj mounted aggregate 3. Signs located in the interior of any building or enclosed n/a n/a Yes outdoor area which are designed and located to be viewed exclusively from within such building or outdoor area 4. _Memoria�signs or tablets, stained glass windows, or dates Building- 3 sq/ft No of erection cut into the surface of a wall or pedestal or mounted or free - projecting not more than two inches standing ' 5. Directional, warning, or informational signs required by or n/a n/a Yes authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses 6. "Credit Cards Accepted," "Open/Closed," "Association Window or 2 sq/ft No Membership" and similar signs, six signs maximum per building -mounted aggregate -premises _ 7. Decorations clearly incidental and customary and n/a n/a Yes commonly associated with any national, local or religious holiday 8. Sculptures, fountains, mosaics, and design features which n/a n/a Yes do not incorporate advertising or premise identification 9. Property signs (e.g. "No Trespassing," "No Parking," etc.), Building- 3 sq/ft Yes informational/directional signs (e.g, "Restrooms," "Exit," mounted etc.) and warning signs (e.g. "High Voltage") or free-standing 10. Directional signs used to identify street entrances and exits, Building- 3 sgift Yes maximum three feet high if free-standing mounted or free-standing 11. Directional pavement marking n/a n/a n/a 12. Newspaper stand identification n/a 3 sq/ft No 13. Restaurant menus or chalkboards Building- 3 sq/ft Indirect only mounted 14. Bulletin boards Building- 6 sq/ft No mounted 15. Signs affixed to motor vehicles which are regularly used Vehicle -mounted n/a No for delivery, transportation, or services in connection with the business or activity identified on the vehicle. 16. Vending machine signs and automatic teller signs n/a n/a Yes Temporary and Semi -Permanent Signs: See Sections ... and ... LQZC 24 SIGNS Flags, blems and Insi� or i sigmas of a tion, political non ommercial, non rofit, or civic dis lays do not con ain commei pro essional names, p fessional st Sol , bartered, or give away and p us established by the overnme are limited to one per re idential squ re feet. Flags on no esi nti reg ated by Section ...; tas. 'thin residential district , non- ' ubdivis n, or fraternal or rel gious or haracter a exempt from sign ermit re ial adve isement(s) such product ices, bus ness logos, or any icle or r, ovided su h displays comply th any g or organ tion represented. 11 such fl, rcel with a aximum represented). 18 feet d property ar not exe from sign pe [Draft: 1191 uminated fla s, em ems, kanization, ind flags f a mes, bu 'ness n es, :handise ich is t be -line! 'onc rning t eir emblems, r insi ias a maximu area f 18 �reauire nts an are C. Repainting. The repainting of a sign in original colors shall not be considered an erection or alteration which requires sign approval unless a structural change is made; 9.160.030 General Sign Standards. A. Applicability. Signs in the City of La Quinta, including exempt, permanent, semi -permanent, and temporary signs, are subject to the general standards of this Section. B. Interpretation of Provisions. Where a matter of interpretation arises regarding the provisions of this Chapter, the more specific definition or more rigorous standard shall prevail. Whenever the Director determines that the application of any provision of this Chapter is uncertain, the issue shall be referred to the Planning Commission for determination. C. Application of Standards. If the Director determines that a staff -reviewed sign does not conform to one or more of the general standards set forth in this Section, the applicant shall be given the option of modifying the sign, applying for a sign adjustment, a variance, or of appealing the staff determination to the Planning Commission. D. Measurement of Sign Area. Sign area shall be measured as follows: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including non- structural perimeter trim but excluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. 3. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. LQZC 3 { r SIGNS [Draft: 1191 4. Double -Faced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 sq.ft., a double-faced sign may have an area of 20 sq.ft. per face. 5. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maximum permitted sign area is 20 sq.ft., the maximum allowable area for each face is only five sq/ft. 6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. E. Measurement of Sign Height. Sign height shall be measured as follows: 1. Building -Mounted Signs. The height of building -mounted signs shall be measured from the average finish grade directly beneath the sign. 2. Free -Standing Signs. The height of a free-standing sign shall be measured from the top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the Director determines that a free-standing sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. F. Sign Placement. 1. Setbackfrom Street. Free-standing signs shall not be located within five feet of a street right- of-way nor within a corner cutoff area identified in Section .... 2. No Off -Premise Signs. All signs shall be located on the same premises as the land use or activity identified by the sign, unless specifically permitted to be off -premise in this Chapter. Utility Lines. No sign shall be located closer to overhead utility lines than the distance prescribed by California law or by the rules duly promulgated by agencies of the state or by the applicable public utility. 4. Traffic Safety. No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic. 5. Public Right-of=Way. No sign shall be located within, over, or across a public right-of-way LQZC 4 _.'ram i nnr SIGNS unless specifically permitted in this Chapter. [Draft: 119] G. 111umination. Illumination from or upon any sign shall be shaded, shielded, directed, or reduced so as to avoid undue brightness, glare, or reflection of light on private or public property in the surrounding area, and so as to avoid unreasonably distracting pedestrians or motorists. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. Illuminated signs which face or are adjacent to residentially zoned property shall be restricted to minimize the illumination, glare or reflection of light which is visible from the residentially zoned property. H. Maintenance. Any sign displayed within the City, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The Director may order the repair or removal of any sign determined by the Director to be unsafe, defective, damaged, or substantially detericrated. I. Landscaping of Free -Standing Signs. All freestanding signs shall include, as part of their design, landscaping and/or hardscaping about their base so as to prevent vehicles from hitting the sign and to improve the overall appearance of the installation. The applicant shall maintain all landscape areas in a healthy and viable condition. J. Inspection.All sign owners and users shall permit the periodic inspection of their signs by the City upon reasonable notice. K. Specific Plan Standards to Apply. Signs to be located within the boundaries of a specific plan or other special design approval area shall comply with the criteria established by such plan or area.. 9.160.040 Permanent Signs in Residential Districts. Signs identified in Table 9-... following are permitted in residential districts subject to approval of a sign permit per Section ...: 1�. l bo, O°,, C) D LQZC SIGNS [Draft: 1191 TABLE 9-...: PERMANENT SIGNS PERMITTED IN RESIDENTIAL , DISTRICTS WITH A SIGN PERMIT Sign Type and Max. Max. Area I Max. I Illumination I Additional Placement Number (sq/ft) Height Requirements Note: • Free-standing signs shall not be located within Y of a street right-of-way nor within a corner cutoff area identified in Section .... • "ID" means identification sign. Free-standing 2 per entry 24 6 ft. Indirect only 1 monument sign permitted project/neighborhood street on each side of street entry monument sign Free-standing apartment 2 per entry 18 6 ft. Indirect only 1 permitted on each side of complex ID sign entry drive to the complex Building -mounted 1 per street 18 Top of wall Indirect only For single apt. bldgs only. See apartment building ID frontage above for multi-bldg sign complexes. Building -mounted or 1 per 18 Top of wall or Direct or Signs are to be designed and free-standing directory entrance to 6 ft. if free- indirect for oriented to direct pedestrian sign for multi -tenant building or standing all signs traffic buildings or complexes complex Building -mounted or 1 of either 12 Top of wall; or Indirect only Permanent sign giving rental free-standing apartment per street 6 ft. if free- information for buildings or rental frontage standing complexes containing 4 or (permanent) more units Church and Institutional • 1 free- 24 6 ft. Direct or 1 sign may be changeable Uses standing indirect for copy all signs • 2 bidg- 24 aggreg. Top of wall mounted Signs exempt from sign permit approval: See Section ... Temporary and semi -permanent signs: See Sections ... and ... 9.160.050 Permanent Signs in Nonresidential Districts. Signs identified in Table 9-... following are permitted in nonresidential districts subject to approval of a sign permit per Section ...: LQZC 2 r F6,W,V4 SIGNS [Draft: 119] TABLE 9-...: PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Sign Type and Max. Number Max. Area Max. Illumination Additional Placement Height Requirements Note: • Free-standing signs shall not be located within 5' of a street right-of-way nor within a corner cutoff area identified in Section .... • "ID" means identification sign. Permanent window 1 per window 10% of window n/a No See Section ... for signs area temporary window • signs allowed Free-standing ID sign 1 per street frontage .25 sq/ft per 8 ft. Indirect only Aggregate sign for multi -tenant lineal ft. of street area may not be building or multi- front -age up to combined among building shopping max. of 50 sq/ft street frontages center or other per sign and 100 commercial or office sq/ft aggregate complex for all signs Building -mounted ID I flush -mounted plus 50 sq/ft Top of Direct or sign for individual I under -canopy per aggregate wall indirect for all commercial or office tenant frontage along signs tenants a street or along a common -use parking lot with no direct street frontage Free-standing ID sign 1 50 sq/ft 8 ft. Indirect only Allowed only if for individual bldg has min. 200 commercial or office ft. of street bldg. frontage Building -mounted ID 2 1 sq/ft per lineal Top of Direct or sign for individual ft. of bldg - wall indirect for all commercial or office frontage along a signs bldg. street up to max. of 50 sq/ft aggregate Building -mounted or 1 per entrance to 18 sq/ft Top of Direct or Signs are to be free-standing directory building or complex wall or 6 indirect designed and sign for multi -tenant ft. if free- oriented to direct bldgs or complexes standing pedestrian traffic Hotels and motels 1 free-standing, 2 50 sq/ft for free- 12 ft. Indirect only Allowed for stand - building -mounted standing sign for free- alone hotels or and 100 sq/ft standing. motels which are aggregate for all Direct or not part of a larger signs indirect for multi -use complex bldg-mounted LQZC J SIGNS [Draft: 119] TABLE 9-...: PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Sign Type and Max. Number Max. Area `: Max. Illumination Additional Placement Height Requirements Gas/service stations 1 free-standing sign 32 sq/ft 8 ft. Direct or Allowed only for per street frontage, indirect for all stations which are combining business signs not accessory to identification and gas other uses. Gas prices price sign must show the lowest I building -mounted 12 sq/ft Top of price per gallon of ID wall all grades, including taxes. Theaters, cinemas, and I free-standing and I Aggregate Top of Direct or cabarets building -mounted allowed: 20 sq/ft wall or 12 indirect for all sign, of which 1 sign plus 10 sq/ft per ft. if free- signs may be combination screen/stage standing ID and attraction over 1, up to a board max. of 40 sq/ft Top of I building -mounted 6 sq/ft each wall Indirect only coming -attraction poster per screen or stage Church and • 1 free-standing 24 6 ft. Direct I of the allowed Institutional Uses or signs may include • 2 bldg-mounted 24 aggreg. Top of indirect for all an attraction board wall signs Signs exempt from sign permit approval: See Section ... Temporary and semi -permanent signs: See Sections ... and ... LQZC SIGNS 9.160.060 Permitted Temporary Signs. [Draft: 119] A. Definition. "Temporary sign" means any sign which is intended to be posted for a maximum of 60 days. Temporary signs include without limitation: political campaign signs, special event signs, garage sale signs, search lights, real estate for sale, for lease, for rent or open house signs, and seasonal sales signs. B. Maximum Time Periods. No temporary sign shall be posted for more than 60 consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site,or site which is visible from the original site, within 90 days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under Subsection F. of this Section, temporary signs placed on public property may not exceed six square feet in area, and temporary signs placed on private property may not exceed 12 square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed 24 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section .... D. Maximum Height. Temporary signs which are placed on public or private property may not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings must not be higher than the finished floor line of the second floor of such buildings and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs, or traffic signs or signals. temporary signs shall be posted no closer than five feet from the edge of the paved area of any public road or street. Temporary signs shall be placed no less than 200 feet apart from identical or substantially similar temporary signs. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. F. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post: (a) more than five temporary signs on private or public property which will be visible simultaneously within the boundaries of the City, or (b) temporary signs larger than the maximum allowed size shall make application to the Pla;miag ad Development Department for a sign permit. 600M. LQZC U q 7'J? SIGNS [Draft: 119] 1. Statem"oRq�pansibility Required. Each applicant for a temporary sign permit shall submit to theDevelopment Department a staternent of responsibility certifying a(natur* , person who will be responsible for removing each temporary sign for which a permit is issued �s by the date removal is required, and who will reimburse the City for any costs incurred by the �0-0ts City in removing each such sign which violates the provisions of this Section. ° 2. Standards for Approval. a. Within ten business days of the ��m d Development Department's receipt of a temporary sign permit application, the Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The Director shall approve or disapprove any permit application for temporary signs based on character, location, and design, including design elements such as materials, letter style, colors, illumination, sign type or shape, and the provisions of this Section. b. In any event, no permit application shall be approved which proposes to place in excess of ten temporary signs on private or public property which will be visible simultaneously from a single location and orientation within the boundaries of the City. c. The Director may approve a permit application for temporary signs which are proposed to exceed the maximum size allowed under Subsection C of this Section upon making the following findings: (1) Additional size is necessary to make the temporary sign visible or readable to its intended audience. (2) The size of the temporary sign is no larger than necessary to make the sign visible or readable to its intended audience. (3) The additional size of the temporary sign is not likely to harm the public health, safety or welfare. d. The Director's decision with respect to a permit application for a temporary sign may be appealed to the Planning Commission. G. Maintenance and Removal of Temporary Signs. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the Building #star determines that a temporary sign cA+J LQZC 10 SIGNS [Draft: 119] located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within three days of the date of notice. 3. Removal from Private Property. If the B4. 4-hMN-etor finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the Inspector shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to Subsection F of this Section, that the temporary sign is in violation of this Section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the BniM1ftg e-t' inspeetor cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefor fails to comply with the notice within five days after such notice ailed, delivered or posted, the temporary sign shall be deemed abandoned, and the 14E44.64nopossur may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the City. 9.160.070 Permitted Semi -Permanent Signs. A. Definition. "Semi -permanent sign" means a sign which is intended to be erected or posted for a minimum of 61 days and a maximum of one year. B. Maximum Time Periods. No semi -permanent sign shall be posted for more than one year. In addition, all semi -permanent signs shall be removed within ten days after the occurrence of the event, if any, which is the subject of the semi -permanent sign. (For example, a semi -permanent sign advertising the future construction of a facility on the site shall be removed within ten days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be removed within ten days after the model homes are completed and sold). The date of posting shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. semi -permanent signs may not exceed 32 square feet in area, and shall not exceed ten feet in height. The aggregate area of all semi -permanent signs placed or maintained on any parcel of real property in one ownership shall not exceed 64 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section .... D. Maximum Height. Semi -permanent signs may not exceed six feet in height. Semi -permanent signs which are posted, attached or axed to multiple -floor buildings must not be higher than the finished floor line of the second floor of such buildings and ,such signs posted, attached or affixed to single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights LQZC 11 G1 . SIGNS [Draft: 1191 shall be measured to the highest point of the surface of the sign. E. Placement Restrictions. Semi -permanent signs may not be posted on public property, as defined in Section .... Semi -permanent signs may not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. temporary signs may not be posted on sites approved for semi -permanent signs unless specifically authorized by the semi -permanent sign permit. F. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post or erect a semi -permanent sign shall make application to the Planning and Development Department for a semi -permanent sign permit. 1. Statement of Resgnns�ty Required. Each applicant: for a semi -permanent sign permit shall submit to theme Development Departmen': a statement of responsibility certifying a natural person who will be responsible for removing each semi -permanent sign for which a permit is issued by the date removal is required, and who will reimburse the City for any costs incurred by the City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. c o►�n�urJ�b a. Within ten business days of the %evelopment Department's receipt of a temporary sign permit application, the Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The Director shall approve or disapprove any permit application for temporary signs based on character, location, and design, including design elements such as materials, letter style, colors, illumination, sign type or shape, and the provisions of this Section. LQZC b. In any event, no permit application shall be approved which proposes to place in excess of ten semi -permanent signs on private or public property which will be visible simultaneously from a single location and orientation within the boundaries of the City. c. The Director may approve apermit application for semi -permanent signs which are proposed to exceed the maximum size allowed under Subsection C of this Section upon making the following findings: (1) Additional size is necessary to make the semi -permanent sign visible or readable to its intended audience. (2) The size of the semi -permanent sign is no larger than necessary to make the sign visible or readable to its intended audience. 12 SIGNS [Draft: 119] (3) The additional size of the semi -permanent sign is not likely to harm the public health, safety or welfare. d. The Director's decision with respect to a permit application for a semi -permanent sign may be appealed to the Planning Commission. G. Time Extensions. The applicant may apply for a time extension of up to one year from the date of expiration. The — Development Director shall approve the application for an extension of time upon finding that the semi -permanent sign is otherwise in compliance with the requirements of this Section and that the time extension is necessary to accomplish the purposes for which the semi- permanent sign has been posted. H. Maintenance and Removal of Semi -Permanent Signs. 1. Maintenance. All semi -permanent signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal.If the 3 finds that any semi -permanent sign is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the Inspector shall give written notice to the owner of the semi -permanent sign, or the person who has claimed responsibility for the semi -permanent sign pursuant to Subsection F of this Section, that the semi -permanent sign is in violation of this Section, shall specify the nature of the violation, and shall direct the owner of the semi -permanent sign or responsible person to remove or alter such semi -permanent sign. If the Htrifding hTspeetor Gt_� cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to each semi -permanent sign which is in violation. If the owner of the semi- permanent sign or the person responsible therefor fails to comply with the notice within five days after such notice i mailed, delivered or posted, the semi -permanent sign shall be deemed abandoned, and the for may cause such semi -permanent sign to be removed and the cost thereof shall be payable by the owner or person responsible for the semi -permanent sign to the City. 9.160.080 Sign Permit Review. A. Sign Permit Required. Sign permit approval is required prior to obtaining a building permit for the placing, erecting, moving, reconstructing, altering, or displaying any sign on private property within the city, unless the review procedure is exempt under Section ... of this Chapter or other provisions of this Chapter. Signs requiring approval shall comply with the provisions of this Chapter and all other applicable laws and ordinances. Signs legally existing prior to the effective date of the ordinance codified in this Chapter shall not require approval until such time as the sign is moved, structurally altered, changed or relocated; at which time, the review and approval provisions of this Chapter shall apply before a sign permit and/or building permit is issued. LQZC 13 SIGNS [Draft: 1191 B. Submission Materials. The following shall be submitted by the applicant to thed Development Department at the time of permit application unless otherwise modified by t"�Gorw► -and Development Director: 1. Completed sign application obtained from the City; 2. Appropriate sign plans with number of copies and exhibits as required in the application; 3. Appropriate fees as established by City Council resolution; 4. Letter of consent or authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected. 5. Sign plans with the following information: a. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy and illumination method; b. Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy, and method of illumination indicated for each; c. Building elevations with signs depicted (for building -mounted signs). C. Review Procedures: Standard Sign Application. C Mh . 1. The standard sign application is used by the 1 Development Department to process the following sign applications using the standards and provisions contained in this Chapter. a. Two or less permanent signs; b. The modification of signs within a previously approved planned sign program pursuant to Subsection ... of this Section. connrn 2. The 21ai g-ad Development Director or other authorized staff member shall review standard sign applications and shall make a determination to either approve, approve with modification, or deny the application. The review shall consider the size, design, colors, character and location of the proposed signs. 3. A standard sign application shall only be approved after a finding that the proposed sign is consistent with the purpose and intent of this Chapter and the regulations herein. D. Review Procedures: Planned Sign Programs. LQZC 14 SIGNS [Draft: 119] 1. Planned sign program review is required for submissions with more than two permanent signs, in conjunction with review of a site development perrait by the Planning Commission, or for requests for sign adjustments to signs previously approved under the planned sign program pursuant to Subsection ... of this Section. FI Ann 40M 2. The shall review applications made under the planned sign program pn4 --+�-,= k„eri+mendations to the Planm'no=on. 3. The Planning Commission shall make a determination to either approve, approve with modifications, or deny planned sign program applications; 4. The Planning Commission, upon completion of its review, may attach appropriate conditions to any sign program approval. In order to approve a planned sign program, the Commission must find that: a. The sign program is consistent with the purpose and intent of this Chapter; b. The sign or signs are in harmony with and visually related to: (1) Other signs included in the planned sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type or sign shape. (2) The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified. (3) Surrounding development. Approval of a planned sign program shall not adversely affect surrounding land uses or obscure adjacent conforming signs. 5. Modification of signs within a previously -approved sign program shall be made in the following manner: LQZC a. The Director may approve the following modifications using the provisions of the standard sign program. However, at the discretion of the Director modification requests may be referred directly to the the Planning Commission for action. (1) Up to a twenty-five percent increase in the sign area and/or dimensions; (2) Relocation of sign(s) to a new position on the same building elevation or street frontage; (3) Change in method of permitted illumination cr the lighting of signs. b. All other modification requests will be reviewed and approved by the Planning Commission using the provisions of the planned sign program. 15 SIGNS [Draft: 119] c. For purposes of this Subsection, exempted signs shall not be included in the above calculations. E. Sign Adjustments. Adjustments to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination or additional height may be granted by the Planning Commission. The applicant for a planned sign program application must request the adjustment in writing on forms provided by the Development Department. The Planning Commission must find that one or more of the following facts exist when an adjustment is made: 1. Additional Area: a. To overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location; b. To achieve an effect which is essentially architectural, sculptural, or graphic art; c. To permit more sign area in a single sign than is allowed, but less than the total sign area allowed on the site, where a more orderly and concise pattern of signing will result; d. To allow a sign to be in proper scale with its building or use; e. To allow a sign compatible with other conforming signs in the vicinity; f. To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), '.he street frontage is excessively narrow in proportion to the average width of the lot. 2. Additional Number: To compensate for inadequate visibility, or to facilitate good design balance. 3. Alternative Locations: a. To transfer area from one wall to another wall or to a free-standing sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback; b. To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street. In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a sign within the access easement; c. Additionally, alternative on -site locations may be granted in order to further the intent and purposes of this Chapter or where normal placement would conflict with the architectural design of a structure. LQZC 16 SIGNS [Draft: 119] 4. Alternative Type of Sign: To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance on the site. 5. Additional Height: To permit additional height to overcome a visibility disadvantage. F. Disposition of Plans. When revisions to sign plans are required as a condition of approvalthe applicant shall submit the required number of copies of the revised plans to the Development Department to be stamped "Approved." The department will retain copies and a set will be returned to the applicant. 2. After approval is granted, it shall be the responsibility of the applicant to submit all required applications, plans, bonds, and fees to the wilding and safety kpartment c the >al ad Development Department for issuance of the building permit. 9 G. Sign Permit Expiration and Time Extensions. 1. Approval of a standard application or planned program application shall expire one year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the Director for an extension of up to one year from the date of expiration. The Director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if the Director finds that there has been a substantial change in circumstances. 2. The expiration date of the sign approval(s) shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign. 3. A sign approval shall expire and become void if the circumstances or facts upon which the approval was granted changes through some subsequent action by the owner or lessees such that the sign would not be permitted per this Chapter under the new circumstances. H. Appeals. Gown V&- Any decision of the Pimp -mom -Development Director made pursuant to this Chapter may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. The appeal must be made within 15 calendar days of the decision date, in accordance with Section .... 9.160.090 Prohibited Signs. The signs and displays listed in this Section are prohibited. Such signs are subject to removal by the City at the owner's or user's expense. Prohibited signs include the following: LQZC If1` fJ SIGNS 1. Any sign not in accordance with the provisions of this Chapter; 2. Abandoned signs; 3. Rotating, revolving, or otherwise moving signs; 4. Trailer purposes; Draft: 119] fo vehicles and used for advertising or directional 5. Flags, pennants, streamers, spinners, festoons, windsocks, valances, or similar displays„ unless specifically permitted in this Chapter; - 6. Animated or flashing signs; 7. Portable signs, unless specifically permitted in this Chapter; 8. Off -premise signs, unless specifically permitted in this Chapter; 9. Billboards or outdoor advertising signs; 10. Signs which identify or advertise activities which are illegal under federal, state, or local laws in effect at the location of such signs or activities; 11. Building -mounted signs placed on or above the roof or above the eave line of any structure; 12. Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal; 13. Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination may be confused with or construed as a traffic -control sign, signal, or device, or the light of an emergency or radio equipment vehicle, or which obstruct the visibility of any traffic or street sign or signal device; 14. Signs that create a potential safety hazard by obstructing clear view of pedestrian or vehicular traffic 15. Signs located upon or projecting over public streets, sidewalks, or rights -of -way (unless specific approval has been granted); 16. Signs attached to utility poles or stop signs or other municipal sign structure. 17. Balloon signs, inflatable animal or other figures, orotherinflatable displays, whether tethered or not, L�yj� ac [Lv_y- J_ G5 G� �i� IA4V,1_ fly lyi 00 ie'e LQZC � 18 11J� SIGNS [Draft. 1191 18. Signs located closer to overhead utility lines than the minimum distance prescribed by California law, or by the rules duly promulgated by agencies of the state or by the applicable public utility. 19. "For Sale" signs affixed to vehicles parked on public right-of-way or on any vacant property. `1. 20. Portable signs, such as A -frame type; �r�' 21. Neon signs, except those specifically approved as an activity's major identification sign; 22. Signs drawn or painted onto or otherwise affixed: to trees or rocks; 23. Advertising statuary; 24. Any temporary sign or banner, unless specifically permitted in this Chapter; 25. Commercial signs on bus stop benches or enclosures. 9.160.100 Existing Signs. A. Legal Nonconforming Signs. 1. Every legal sign in existence on the effective date of this Code which does not conform to the provisions of this Chapter but which was in conformance with City sign regulations in effect prior to said effective date, shall be deemed a legal nonconformity and may be continued and maintained provided: a. The sign is properly maintained and does not in any way endanger the public; and b. The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified', in this Chapter. 2. No nonconforming sign shall be changed to another nonconforming sign, changed in any manner that increases the sign's noncompliance with the provisions of this Chapter, nor expanded or structurally altered so as to extend its useful life. This restriction does not preclude change of sign copy or normal maintenance. 3. Any nonconforming sign which is damaged or destroyed beyond 50 percent its value shall be removed or brought into conformity with the provisions of this Chapter. The determination whether a sign is damaged or destroyed beyond. such 50 percent of value shall rest with the end Development Director and shall be based upon the actual cost of replacing said sign. LQ7-C SIGNS [Draft: 1191 4. The burden of establishing a sign as legally nonconforming under this Section rests upon the person or persons, firm or corporation claiming legal status for a sign. B. Illegal and Abandoned Signs. 1. Illegal Signs. Any sign which does not have a required permit or which otherwise violates applicable provisions of this Chapter shall be deemed illegal. If the Director determines a sign to be illegal, the Director may order the property owner and/or sign owner to remove the sign or may require other actions to ensure compliance with this Chapter. Further, in order to discourage the erection of signs without a permit, the Director may require that such illegally - erected signs be removed prior to review. If the Director determines that such removal is not feasible, such illegal signs shall be subject to a tripled sign permit application fee in conjunction with sign review. 2. Abandoned Signs. Any sign located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or which pertains to a time, event or purpose which no longer applies shall be deemed abandoned. Such signs shall be removed within 90 days after the associated enterprise or occupant has vacated the premises or within 90 days after the time, event, or purpose which no longer applies has ended. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal per Section .... C. Unsafe Signs. Any sign deemed by the City to be a danger to the public under any applicable ordinance or other statute shall be repaired or altered to as to be deemed safe by the City or shall be removed pursuant to Section .... D. Expired Temporary and Semi -Permanent Signs. A temporary or semi -permanent sign which remains posted beyond the time limits set out therefor in Sections ... and ... respectively shall be removed.. 9.160.110 Enforcement and Sign Removal. A. Enforcement Responsibility. It shall be the duty of the Director or the Director's authorized representative to enforce the provisions of this Chapter. B. Authorization for Sign Removal. The City may remove or cause to be removed any sign which the Director has determined is subject to removal under Section ... or other provisions of this Code or other applicable ordinance or law. C. Sign Removal Procedures. 1. Methods of Removal. The removal of any terminated and/or illegal sign shall be by one or a combination of the following procedures: LQZC 20 SIGNS [Draft: 119] a. Immediate Removal. Any sign which does not comply with this Chapter must be removed immediately by the business owner or property owner or such sign may be removed by the City. No prior written notice must be given by the City, except a written notice shall be provided for legally permitted temporary or semi -permanent signs which have expired pursuant to Sections ... or .... b. Public Nuisance. The City may use the public nuisance procedures contained in Chapter ... of this Code to cause removal of any sign subject to removal under the provisions of this Section. 2. Removal Costs. Any sign removed by the City may be retained for 15 calendar days and the owner notified. If the sign is not claimed, it may be destroyed. The Director may impose charges related to City removal of signs. The expense of such removal and any subsequent storage shall be a lien against the property on which the sign was maintained and an obligation against the property owner. 3. Notification. The City may send an official termination notice by certified mail to the owner of the property upon which a terminated or unlawful sign is located. The notice shall identify why the sign is to be removed and indicate the removal period to be within 15 calendar days from the date the notice is sent. Should the sign not be removed within the time period specified, the City may remove or have the sign removed and the costs charged to the property owner. If the removal costs have not been paid and the sign not reclaimed within 30 calendar days of the removal by the City, the City may sell or otherwise dispose of the sign and apply the proceeds towards the original removal costs. Any proceeds in excess of the cost of removal shall be paid to the property owner. As an alternative method of recouping costs, the City may lien the property as provided in the California Enforcement Code. 4. No City Liability. Neither the City nor any of its agents shall be liable for any damage to a sign which is removed under this Section. D. Legal Action. In response to any violation of the provisions of this Chapter, the City may elect to file a criminal complaint against the violator, issue a citation to the violator for an "infraction" pursuant to California Government Code Section 36900, or institute a civil action in a court of competent jurisdiction. 9.160.120 Sign Definitions.2 01, 27� 1V1, For the purposes of this Chapter, words and phrases relating `'o signs shall be defined as follows: A. "Abandoned sign" means a sign which is located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or a sign which pertains to a time, event or purpose which no longer applies. LgzC 21 SIGNS [Draft: 119] B. "Accessory sign" means a sign whose copy refers to the products, facilities, or services available on the premises. C. "Advertising statuary" means an imitation or representation of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used to identify or advertise a product or service. D. "Advertising vehicles" means any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Public buses or taxis are exempt from this prohibition. E. "Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service message center signs and flags. F. "Attraction board" means a sign capable of supporting copy which is readily changeable without the use of tools, such as a theater marquee, and which refers to products, services, or coming events on the premises. G. 'Banner" or "banner sign" means a sign hung either with or without frames, possessing written communication applied to nonrigid paper, plastic or fabric of any kind. H. 'Billboard means an off -premise sign with changing advertising copy or other changing copy. I. 'Bulletin board" means a board, kiosk, or wall area on which are affixed personal notices, lost - and -found notices, business cards, and similar small informal notices referring to products, services, activities, or other items not offered on the same premises. The term bulletin board shall not include business identification signs or attraction boards. J. "Building -mounted sign" means a sign affixed to a building, painted directly on a wall, or erected against the wall of a building. Building -mounted signs include awning signs, fascia signs, mansard roof signs, wall signs, window signs, projecting signs, and under -canopy signs,. K. "Business" means a commercial, office, institutional, or industrial establishment. L. "Canopy" means a fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground. LQzC 22 r SIGNS Draft: 1/9J M. "Construction sign" or "future facility construction sign" means a sign containing information pertaining to a future development on the site where the sign is located, including the name of the project, the developer, contractor, financing source, future occupant(s), and other information directly related to the development. N. "Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign. s O. "Development" means a building or group of buildings which function as an integrated whole and which have common access and/or parking facilities. s 16, 30�ee P. "Directional sign" means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy. (Examples are: "one-way," "entrance," "exit," "parking in rear," "15 miles per hour," "no left turn"). Q. "Director" or "1!�� Development Director" means the Ratlae,l Development Director for the City of La Quinta or the Director's authorized agent or representative. R. "Electronic message board sign" means a sign with a. fixed or changing display composed of a series of lights, but does not include time and temperature displays. S. "Exempt sign" means a sign which is designated in this Code as not subject to certain regulations. T. "Face of building wall" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. U. "Fascia" means a parapet -type wall used as part of the fascia of a flat -roofed building and projecting not more than six feet from the building face immediately adjacent thereto. Such a wall shall enclose at least three sides of the projecting flat roof and return to a parapet wall or the building. V. "Flag" means a visual display device with or without copy, made of flexible material, usually cloth, paper, or plastic. W. "Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service message center signs. X. "Free-standing sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs, pylon signs, ground signs and pole signs. Y. "Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used to announce LQZC 23� a _ SIGNS sale of a used item or items. [Draft: 119] Z. "Identification sign" or "ID sign" means a sign whose copy is limited to the name and address of a building, business, office, establishment, person, or activity. AA. "Illumination" means the method by which a sign is lighted so as to be readable at night. The following types of illumination are provided for in this Chapter: 1. "Direct illumination" means the lighting of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face. 2. "Indirect illumination" means the lighting of an opaque sign face from a light source mounted in front of the face, or the lighting of opaque sign copy (on an opaque sign face) via lights mounted into the copy and shining rearward onto the face to form a lighted "halo" around the copy (e.g. "reverse channel" letters). BB. "Landscaping" means any material used as a decorative feature, such as shrubbery or planting materials within planter boxes or concrete bases, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy. All landscape areas shall be maintained in a healthy and viable condition for the life of the sign. CC. "Logo" means a trademark or symbol of an organization. DD. "Mansard roof sign" means any sign attached to or supported by a mansard roof. A "mansard roof' is a roof having two slopes, the lower steeper than the upper, and having a slope of sixty degrees or greater with the horizontal plane. EE.. "Monument sign" means a free-standing sign mounted on a low -profile solid base or a fence, or a free-standing wall, as distinguished from support by poles. FF. "Multiple -building complex" means more than one structure on a parcel of land housing commercial uses in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide an area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -building complex may, but need not, include common ownership of the real property upon which the center is located, common -wall construction, and multiple -tenant commercial use of a single structure or structures in multiple buildings. GG. "Multiple -tenant (commercial) building" means a commercial development in which there exists a number of separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -tenant commercial building may, but need not, include common ownership of the real property upon which the center is LQZC 2�j Q If SIGNS [Draft: 119] located, common -wall construction, and multiple -occupant commercial use of a single structure. HH. "Neon sign" means a sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure. II. "Off -premise sign" means a structure which bears a .sign which is not appurtenant to the use of the property where the sign is located or a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign. Some temporary signs are not defined as off -premises signs as used within this Chapter. JJ. "On -premise sign" means a sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located. KK. "Parapet wall" means a wall extending above the plate line of the building. LL. "Permanent sign" means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position: and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in this Chapter. NDA. "Pole sign" means a free-standing sign directly supported by a pole or poles with air space between the grade level and the sign face. NN. "Political campaign sign" or "political sign" means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies. 00. "Portable sign" or "mobile sign" means a sign made of any material, which, by its design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base or platform for the sign. (Also includes sidewalk or sandwich board signs). PP.. "Projecting sign" means any sign with two parallel faces no more than eighteen inches apart projecting twelve inches or more from the wall or eaves of a building. No guy wires, braces, or secondary supports are visible. QQ. "Private Property" means any property other than public property. RR. "Public Property" means any real or personal property in which the City or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public LQZC 25 SIGNS [Draft: 1/9] property shall include, without limitation, any street, sidev✓alk, curb, curbstone, street lamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph wire, pole or appurtenance thereof, any fixture of a fire alarm or police telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life buoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median, public park, or other publicly owned property or structure. SS. "Public service message center sign" means an electronically or electrically controlled sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix. TT. "Real estate sign" means a sign advertising the sale, lease or rent of the property upon which it is located and the identification of the person or firm handling such sale, lease or rent. UU. "Roof sign" means any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building. VV. "Seasonal sales sign" means a sign used to advertise a business or merchandise held seasonally for a limited interval, all or most of whose business is conducted or whose merchandise is displayed in an outdoor area. S zz �14`1', W W. "Sign" means any medium for visual communication, including copy, structure, and 4S�_ component parts, which is used or intended to be used to attract attention to, identify, or advertise an 9, establishment, product, service, activity or location, or to provide information. � XX. "Sign area" means the following: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including non- structural perimeter trim but excluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. 3. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. 4. Double -Raced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area :is 20 sq.ft., a double-faced sign may have an area of 20 sq.ft. per face. LQZC 26 , SIGNS [Draft. 1191 S. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maximum permitted sign area is 20 sq.ft., the maximum allowable area for each face is only five sq/ft. 6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. YY. "Sign face" means the exterior surface of a sign exclusive of structural supports, on which is placed the sign copy. ZZ. "Sign height", "height of sign", or "height" means the following: For building -mounted signs, the distance from the average finish grade directly beneath the sign to the top of the sign. 2. For free-standing signs, the distance from top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the Director determines that a free-standing sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. AAA. "Sign permit" means an entitlement from the City to place or erect a sign. BBB. "Sign program" means the method of review and approval of signs by one of the following two procedures: 1. Standard sign application. The review and approval of standard sign applications for is conducted by the Director of Development consistent with the regulations and standards as identified for various signs in this Chapter. 2. Planned sign program. The review and approval of applications for signs under this program is conducted by the Planning Commission. The Planning Commission may exercise discretion to provide additional flexibility in the application of the regulations of this Chapter. CCC. "Sign structure" means the structural supports, uprights, and bracing for a sign. DDD. "Special event sign" means a sign used to announce a circus, carnival, festivals or other similar events. EEE. "Subdivision sign" means a sign containing the name, location or directions to a builder, developer, and pertinent information about a subdivision for which there is a properly approved and LQZC 27 SIGNS [Draft: 1191 recorded map and in which homes remain to be constructed or initially sold. F17F. "Under -canopy sign" means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling, or marquee. GGG. "Wall sign" means a sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs or advertising displays in or on windows are not considered wall signs. HHH. "Window sign" means any sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. (ALQZC o CHAPTER 9.170: COMMUNICATION TOWERS AND EQUIPMENT Sections: 9.170.010 Purpose .......................................... 1 9.170.020 Definitions ........................................ 1 9.170.030 Where Permitted .................................. 2 9.170.040 Applicability ...................................... 2 9.170.050 Exemptions ....................................... 3 9.170.060 Approval Standards ................................ 3 9.170.070 Applications for New Towers or Additions ............. 6 9.170.080 Nonionizing Radiation Standards ..................... 9 9.170.010 Purpose. The purpose of this Chapter is to address the following concerns: A. To minimize adverse visual effects of towers and accessory buildings through careful design, siting and vegetative screening; B. To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; C. To lessen traffic impacts on surrounding residential areas; D. To maximize use of any new transmission tower to reduce the number of towers needed; E. To limit radiation emitted by telecommunications equipment so that it will not adversely affect human health; and, F. To allow new transmission towers in urban residential areas only if a comparable site is not available outside urban residential areas. 9.170.020 Definitions. A. For the purpose of this Chapter, certain words and terms used herein are defined as follows: B. When not inconsistent with the context, words used in -the present tense include the future tense; words in the singular number include the plural number and words in the plural number include the singular number. The word "shall' is always mandatory and not merely directory. The word " may" is permissive. 1. Effective Radiated or Irradiated Power (ERP or EIRP). The power input to the antenna multiplied by the numerical power gain of the antenna relative to the dipole or isotropic radiator, respectively. 2. General Population. People who are not members of the family or employees of the owner or operator of a source of NIER or the owner or other users of the site of an NIER source f;C71r) 9.170: COMMUNICATION TOWERS AND EQUIPMENT /Draft: 81281951 3. Hand -Held Source. A transmitter normally operated while being held in the hands of the user. 4. Height of Antenna Above Grade or Ground. The vertical distance between the highest point the antenna and the natural grade directly below this point. 5. Highest Calculated NIER Level. The NIER predicted to be highest with all sources of NIER operating. 6. Intermittent. A radio transmitter that normally operates randomly and for less than 15 continuous minutes 7. Nonionizing Electromagnetic Radiation (VIER). The lower portion of the electromagnetic spectrum; includes household electrical current, radio, television, and microwave communications, radar, and visible light. NIER is insufficient to ionize living tissue, causes thermal effects, and may cause nonthermal effects. 8. Portable Source. Transmitters and associates antennas that are moved from one point to another and operated at each location less than one month at a time. 9. Shared Capacity. That capacity for shared use whereby a tower can accommodate several users simultaneously. Tower height, antenna weight, design, and the effects of wind are prime determinants of capacity. 10. Sole -Source Emitter. One or more transmitters only one of which normally transmits at a given instant. 11. Source of Nonionizing Electromagnetic Radiation. A source of NIER emitting between 100kHz and 300 GHz with an ERP or EIRP of more than one watt. 12. Transmission Tower. A structure principally intended to support a source of NIER and accessory equipment related to telecommunications 13. Vehicular Source. A transmitter regularly used in vehicles that normally move about. 9.170.030 Where Permitted. Television, radio, and microwave towers and related equipment are permitted in any zone with a conditional use permit approved pursuant to Section ..... 9.170.040 Applicability. The following antenna equipment are permitted subject to Sections ... and ....: A. VHF and UHF television. B. FM radio. C. Two-way radio. D. Common carriers. E. Cellular telephone. F. Fixed-point microwave. G. Low -power television. H. AM radio. I. Specialized mobile radio. 2 0 n `, 9.170: COMMUNICATION TOWERS AND EQUIPMENT [Draft: 81281951 A source of nonionizing radiation can be attached to an approved tower or structure in any zone if the Community Development Director finds the source complies with Sections ... and .... 9.170.050 Exemptions. The following uses are exempt from this Chapter but may be regulated by other sections of the Municipal Code: A. Portable, handheld, and vehicular transmissions. B. Industrial, scientific, and medical equipment operating at frequencies designated for that purpose by the FCC; C. A source of nonionizing electromagnetic radiation with an effective radiated power of seven watts or less; D. A sole -source emitter with an average output of one kilowatt or less if used for amateur purposes; E. Marketed consumer products, such as microwave ovens, citizens band radios, and remote control toys; F. Goods in storage or shipment or on display for sale, provided the goods are not operated except for occasional testing or demonstration G. Amateur or "ham" radio equipment; and H. Satellite receiving dishes regulated by Sections ... and .... 9.170.060 Approval Standards. A. Existing or approved towers shall not accommodate the proposed telecommunications equipment if: 1. Planned equipment would exceed the structural capacity of existing and approved towers, considering existing and planned use of those towers, and existing and approved towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost. 2. Planned equipment will cause RF interference with other existing or planned equipment for that tower, and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers do not have space on which planned equipment can be placed so + 9, 4 9.170: COMMUNICATION TOWERS AND EQUIPMENT [Draft: 81281951 it can function effectively and at least in parity with other similar equipment in place or approved by the City. 4. Addition of the planned equipment to an existing or approved tower would result in NIER levels in excess of those permitted under Section .... 5. Other reasons that make it impracticable to place the equipment planned by the applicant on existing and approved towers. B. Proposed towers or structures shall be set back from abutting residential parcels or public property or street sufficient to: 1. Contain all debris from a tower failure on the tower site. 2. Protect the general public from NIER in excess of that allowed in Section .... 3. Preserve the privacy of adjoining property. The site is of sufficient size to comply with this standard in other ways if: a. Accessory structures comply with the setback standard in the underlying district. b. The tower base is set back from abutting parcels or streets by a distance equal to the heights of the tower plus twenty-five (25) feet c. Guy wire anchors shall be set back twenty-five (25) feet from any property lines. C. The proposed tower is set back from other on -site communication or transmission towers and supporting structures far enough so one tower will not strike another tower or support structure if a tower or support structure fails. D. The proposed tower shall be designed structurally to accommodate the maximum number of foreseeable users. 1. The City may reduce the required shared capacity of a tower: a. If fewer or different telecommunications equipment should be accommodated based on: the number of FCC licenses foreseeable available for the area; kind of tower site or structure proposed; the number of existing and .potential licensees without tower space; and space available on existing and approved towers; or b. If a tower necessary to provide for such sharing dominates and/or alters the visual character of the area adversely. 2. Generally antennas on a shared tower will be arranged as follows, except as needed to prevent .19 9.170: COMMUNICATION TOWERS AND EQUIPMENT [Draft 81281951 electromagnetic interference or to accommodate topographic or other physical or functional constraints: a. Transmitting and receiving equipment serving similar kinds of uses shall be placed on a shared -use tower so one of the users in a group can operate roughly equal to other users in the group with similar equipment. b. Generally a TV tower will have two side -mounted and one top -mounted TV antenna or one top -mounted, one mounted below it, and one side -mounted. Triangular, T-shaped, or other platforms or candelabra may be used if required telecommunications equipment cannot be mounted as safely or economically without such structures. c. Microwave transmitters and receivers and FM and two-way radio antennas can be placed anywhere on a tower above surrounding obstacles. 3. The letter of intent to lease space on a tower complies with Section .... E. The tower shall have the least practicable adverse visual effect on the environment. A tower complies with this standard if it complies with the following: 1. If it is painted silver or light blue above the top of surrounding trees and is painted green below treetop level or sand color if in open desert area. 2. All Federal Aviation Administration requirements. 3. Towers shall not be artificially lighted unless required by the FAA or State aeronautics division. 4. Towers shall be the minimum height needed to comply with Section .... 5. Towers over 150 feet in height shall be guyed unless the City finds that a guyed tower would have a greater negative effect on the visual environment. 6. Towers shall not be located within designated view corridors as indicated in the General Plan. F. Traffic associated with the facility shall not adversely affect abutting streets. Vehicular access shall be limited to a collector street if the site adjoins both a collector and local street. G. At least two off-street parking spaces shall be provided for service vehicles. H. Existing on -site vegetation shall be preserved to the maximum extent practicable. I. 'Where the site abuts residential parcels or public property or street, the site perimeter shall be landscaped as follows: 5 (I C 9.170: COMMUNICATION TOWERS AND EQUIPMENT [Draft: 81281951 1. For all towers, at least one row of evergreen shrubs such as yellow oleander, Cape Honeysuckle, or other approved plants capable of forming a continuous hedge at least five feet in height within two years of planting shall be spaced not more than five feet apart within 15 feet of the site boundary 2. For a tower greater than 150 feet tall, at least one row of evergreen trees with tree trunk not less than 1 1/2 inches diameter measured three feet above grade, and spaced not more than 20 feet apart and within 25 feet of the site boundary must be planted. 3. Within 25 feet of the site boundary for a tower less than 200 feet tall, and within 40 feet of the site boundary for a tower more than 200 feet tall, at least one row of evergreen trees or shrubs, at least four feet high when planted and spaced not more than 15 feet apart. 4. Vegetation, topography, walls, fences, and features other than those listed above may be used if the City finds that they: a. Achieve about the same degree of screening. b. Do not affect the stability, security, or maintenance of the guy wires. c. Are needed for surveillance and security of structures. d. Are used for continued operation of agricultural uses. I Accessory facilities in a residential district may not include offices, long-term vehicle storage, other outdoor storage, or broadcast studios, except for emergency purposes, or other uses that are not needed to send or receive transmissions, and in no event may exceed 25 percent of the floor area used for transmission equipment and functions. K. The proposed use shall comply with the applicable policies of the General Plan. L. The proposed use shall be consistent with applicable Federal and State regulations, based on the applicant's good faith effort to provide the information required in Section .... M. All tower installations shall be required to have engineering supervision during construction phases. 9.170.070 Applications for New Towers or Additions. An application for approval of a transmission tower shall include the following: A. A site plan or plans drawn to scale and identifying the site boundary; tower(s); guy wire anchors; existing and proposed structures; vehicular parking and access; existing vegetation to be retained, removed, or replaced; and uses, structures, and land -use and zoning designations on the site and abutting parcels. 0 9.170. COMMUNICATION TOWERS AND EQUIPMENT [Draft: 81281951 B. A plan drawn to scale showing proposed landscaping, including species type, size, spacing, and other features. C. A report from a California registered structural engineer. The report shall: l . Describe the tower and the technical, economic, and other reasons for the tower design; 2. Demonstrate that the tower complies with the applicable structural standard; 3. Describe the capacity of the tower, including the number and type of antennas that it can accommodate and the basis for the calculation of capacity; 4. Show that the tower complies with the capacity requested under Section ....; and Demonstrate that the proposed sources of NIER will comply with Section .... D. The applicant shall request the FAA, FCC and State aeronautics division to provide a written statement that the proposed tower complies with applicable regulations administered by that agency or that the tower is exempt from those regulations. If each applicable agency does not provide a requested statement after the applicant makes a timely, good -faith effort to obtain it, the application will be accepted for processing. The applicant shall send any subsequently received agency statements to the Community Development Director. E. Evidence that the tower complies with Section .... and a letter of intent to lease excess space on the tower and excess land on the tower site except to the extent reduced capacity is required under Section .... 1. A letter of intent shall commit the tower owner and his or her successors in interest to: a. Respond in a timely, comprehensive manner to a request, required under Section..., for information from a potential shared -use applicant; the tower owner may charge a party requesting information under Section ... to pay a reasonable fee not in excess of the actual cost of preparing a response. b. Negotiate in good faith or shared use by third parties; an owner generally will negotiate in the order in which requests for information are received, except an owner generally will negotiate with a party who has received an FCC license or permit before doing so with other parties. Allow shared use if an applicant agrees in writing to pay charges and to comply with conditions described in Section .... 7 098 9.170: COMMUNICATION TOWERSAND EQUIPMENT 81281951 d. Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a prorata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference or causing uses on the site to emit NIER in excess of levels permitted under Section .... 2. If a new tower is approved, the applicant shall demonstrate that the letter of intent is recorded with the County Recorder before a building permit is issued. F. Written authorization from the owner of the site of the tower; a description of the guy wire anchors, and other features associated with the use. G. Evidence that it complies with Section ....: 1. The applicant shall contact the owners of all existing or approved towers within the City of La Quinta with a top elevation like or higher than that proposed, except owners of those towers presumed unable to accommodate the proposed antenna. 2. The applicant shall provide each contacted owner with the engineer's report required under Section .... 3. The applicant shall request each contacted owner to: a. Identify the site by address and legal description. b. Describe tower height and existing tower users. c. Assess whether the existing tower could accommodate the antenna to be attached to the proposed tower without causing structural instability or electromagnetic interference d. If the antenna to be attached to the proposed tower cannot be accommodated on each existing tower, assess whether the existing tower could be structurally strengthened or whether the antennas, transmitters, and related equipment could be protected from electromagnetic interference and generally describe -the means and projected cost of shared use of the existing tower. H. Evidence that a tower cannot practicably be accommodated at a particular site shall be provided as follows: 1. The applicant shall contact the owners of all existing or approved towers if the base elevation ;Q 9.170: COMMUNICATION TOWERSAND EQUIPMENT [Draft: 81281951 of an existing or approved tower site is about the same or higher than the base elevation of the proposed site except owners of those towers presumed unable to accommodate the proposed antenna. 2. The applicant shall request each contacted owner to: a. Identify the site by address and legal description. b. Assess whether the site could accommodate the proposed tower without changing an existing or approved tower. c. If the proposed tower cannot be accommodated on each existing tower site, assess whether the existing tower site could be changed to accommodate the proposed tower, and generally describe the means and projected cost of shared use of the existing tower site. 3. If the proposed site is located in an urban residential area, the applicant shall provide evidence showing that there is no comparable site outside the urban residential area. I. Other information as requested by the Community Development Director. 9.170.080 Nonionizing Radiation Standards. A. A new source of nonionizing electromagnetic radiation (VIER), when combined with existing sources of NIER, shall not expose the general public to ambient radiation exceeding the mean squared electric or magnetic field strengths, or their equivalent plane -wave free -space power density, for the frequency ranges and durations described in Table 9-... and Section ...; provided that within 90-days after a Federal or State NIER emission or measurement standard is adopted, the Community Development Director shall schedule a hearing before the Planning Commission to consider whether the standards described herein should be changed. TABLE 9-...: MAXINIUM PERMISSIBLE EXPOSURE (MPE) TO NIER LEVELS FOR UNCONTROLLED ENVIRONMENTS Frequency Range (MHZ) Electric Field Strength E (V/m) Magnetic Field Strength H (Alm) Power Density (S) E-fieId; H-field (mW/cmx) 0.003 to 0.1 614 163 (100:1,000,000)* 0.1 to 1.34 614 16.3/f (100:10,000)* 1.34 to 3.0 823.8/f 16.3/f 180/f:I0,000f1) G� 9.170: COMMUNICATION TOWERS AND EQUIPMENT [Draft: 81281951 Frequency Range (MHZ) Electric Field Strength E (V'Im) Magnetic Field Strength H. (A/m) Power Density (S) E-field; H-field (mW/cmz) 3.0 to 30 823.8/f 16.3/f (180/f :10,000f2) 30 to 100 27.5 158.3/1 '668f (0.2: 940,000/f '336)* 100 to 300 27.5 0.0729 0.2 300 to 3000 - - f/1500 3000 to 15,000 - - f/1500 15,000 to 300,000 - - 10 Notes: f = frequency in megahertz (MHZ) E = electric field H = magnetic field V/m = volts per meter A/m = amperes per meter mW/cm2 = millliwatts per centimeter squared * These plane -wave equivalent power density values, although not appropriate for near -field conditions, are commonly used as a convenient comparison with MPEs at higher frequency and are displayed on some instruments in use. Source: IEEE C95.1- 1991 B. Before establishing a new source of NIER or changing an existing NIER source in a way that increases the amount of radiation pattern of NIER, an applicant shall submit the following information certified by a California registered electrical engineer: 1. The name and address of the owner of the transmitter and antenna. 2. The location of the antenna, including address, geographic coordinates, and height above grade. 3. The manufacturer, type and model of antenna and antenna radiation patterns to the extent available. 4. Frequency and output of transmitter and direction of transmission. 5. Power input to antenna and gain of antenna with respect to isotropic radiator. 10 I f) i 9.170: COMMUNICATION TOWERS AND EQUIPMENT [Draft: 81281951 6. Type of modulation and class of service. 7. Except for uses approved under Section..., a scaled map and exhibits showing the following: a. Horizontal and radial distance from the NIER source to the nearest point on the property line, the nearest habitable space regularly occupied by people other than those residing or working on the site, and the points on the property and off the property with the highest calculated NIER levels and elevations above sea level at those points. b. Ambient NIER levels in the frequency range of the proposed source measured at the tour four points identified as provided in Section.... c. Calculated, NIER levels after establishment or change of the proposed source at the tour points identified in Section .... 8. If the calculated NIER level at any of those points listed in Section .... is more than one-third the maximum NIER level permitted under SectiOrl ...., the proposed NIER source can be approved only subject to the conditions that the applicant measure NIER levels at those points after the source is established or changed, and that such measurements show the use complies with, or is changed to comply with, Section .... C. A commercial, intermittent, sole -source emitter with less than one kilowatt averaged output over time may be approved without calculating or measuring NIER if the antenna or the emitter complies with the following separation standards. 1. An antenna with an effective isotropic radiated power of less than 100 watts is at least three feet from the exterior of a habitable structure other than a structure on the site of the antenna and the highest point of the antenna is at least 10 feet from that exterior surface. 2. An antenna with an effective isotropic radiated power between 100 and 1,000 watts is at least six feet from the exterior of a habitable structure other than a structure on the site of the antenna and the highest point of the antenna is at least 15 feet from the exterior surface. 3. An antenna with an effective isotropic radiated power between 1,000 and 10,000 watts is separated from the exterior of a habitable structure other than a structure on the site of the antenna as shown in Table 9-...: 11 9.170. COMMUNICATION TOWERS AND EQUIPMENT [Draft. 81281951 TABLE 9-...: MINIMUM SEPARATION OF HABITABLE STRUCTURES FROM COMMERCIAL INTERMITTENT SOLE -SOURCE EMITTER (Effective Irradiated Power [EIRP] Between 1,000 and 10,000 Watts) Frequency (MHZ) Minimum Separation from Highest Point of Antenna, in feet Minimum Separation from Any Point of Antenna, in feet <7 11 5 7 to 30 frequency/0.67 frequency/1.5 30 to 300 45 20 300 to 1500 780/sq.rt. frequency 364/sq.rt frequency >1500 20 10 4. An antenna with an effective isotropic radiated power between 10,000 and 30,000 watts is separated from the exterior of a habitable structure other than a structure on the site of the antenna as shown in Table 9-...: TABLE 9-...: MINIMUM SEPARATION OF HABITABLE STRUCTURES FROM COMMERCIAL INTERMITTENT SOLE -SOURCE EMITTER (Effective Irradiated Power [EIRP] Between 10,000 and 30,000 Watts) Frequency (MHZ) Minimum Separation from Highest Point of Antenna, in feet Minimum Separation from Any Point of Antenna, in feet <7 17.5 5 7 to 30 frequency/0.4 frequency/0.91 30 to 300 75 33 300 to 1500 1300/sq.rt. frequency 572/sq.rt frequency >1500 34 15 D. Measurements shall be made according to commonly accepted engineering practice, using NIER measurement equipment generally recognized as accurate to measure NIER at frequencies and 12 9.170. COMMUNICATION TOWERS AND EQUIPMENT [Draft: 81281951 power levels of the proposed source and existing ambient RF sources. ANSI standard C95.3-Techniques and Instrumentation for the Measurement of Potentially Hazardous Electromagnetic Radiation at Microwave Facilities, is one acceptable method of measuring NIER. The effect of contributing sources of VIER below the lower frequency limit of a broad band measuring instrument may be included by separate measurement of these sources. NIER levels of less than 20 microwatts/square centimeter or the mirdmum sensitivity of the instrument being used, whichever is less, shall be treated as zero. 1. Measurements are made at a height of two meters above ground or at a greater height if habitation occurs at a greater height with lesser radizd distance to the source. 2. Measurements shall be made when NIER levels are reasonably expected to be highest due to operating and environmental characteristics. 3. Measurements shall be accompanied by exhibits showing: a. The instruments used where calibrated within the manufacturer's suggested periodic calibration interval. b. The calibration method is used by or derived from methods used by the National Bureau of Standards. c. The accuracy of the measurements and certification that the measurements were made in accordance with commonly accepted engineering practice. 13 r_} CHAPTER 9.180: TRANSPORTATION DEMAND MANAGEMENT 1 9.180.010 Purpose ........................ ........................ 1 9.180.020 Definitions ..................... ........................ 1 9.180.030 Applicability .................... ........................ 3 9.180.040 Exemptions .............................................. 4 9.180.050 Minimum Standards ....................................... 4 9.180.060 TDM Application ......................................... 6 9.180.070 TDM Review ............................................ 6 9.180.080 Appeals ................................................. 7 9.180.090 Review for Compliance .................................... 7 9.180.100 Enforcement and Penalties .................................. 8 9.180.110 SCAQMD Compliance .................................... 8 CHAPTER 9.180: TRANSPORTATION DEMAND MANAGEMENT Sections: 9.180.010 Purpose ......................................... 1 9.180.020 Definitions ....................................... 1 9.180.030 Applicability ..................................... 3 9.180.040 Exemptions ...................................... 4 9.180.050 Minimum Standards .............................. 4 9.180.060 TDM Application ................................. 6 9.180.070 TDM Review ..................................... 6 9.180.080 Appeals ......................................... 7 9.180.090 Review for Compliance ............................ 7 9.180.100 Enforcement and Penalties ......................... 8 9.180.110 SCAQMD Compliance ............................. 8 9.180.010 Purpose. This chapter is intended to protect the public health, safeiy and welfare by reducing air pollution, traffic congestion and energy consumption attributable to vehicle trips and vehicle miles traveled. This chapter meets the requirements of Government Code Section 65089(b)(3), which requires inclusion of a trip reduction and travel demand element within a congestion management program (CMP) and Government Code Section 65089.3(a), which requires adoption and implementation of trip reduction and travel demand ordinances by local agencies. No building permit application for any applicable development project shall be accepted, nor shall a building permit be issued by the city unless and until a TDM plan has been approved or an exemption granted pursuant to this chapter. 9.180.020 Definitions. For purposes of this chapter, definitions of the following terms shall apply: A. Alternative transportation modes" means any mode of travel that serves as an alternative to the single occupant vehicle. This includes all forms of ride -sharing such as carpooling or vanpooling, as well as public transit, bicycling or walking. B. "Applicable development" means any new development project or change of use project that is determined to meet or exceed the employment threshold using the criteria contained in this chapter. An applicable development also includes developments which are owned and/or managed as one unit, such as a business park or shopping center, that also meet or exceed the employment threshold, and may have one or more employers. C. "Bicycle facilities" means any capital improvements which would benefit an employee who rides a bicycle to his or her worksite, including shower facilities, locker facilities, bicycle parking, etc. D. "Change of use" means the alteration of the initial use of a facility to another use not related to the previous use, after the effective date of the ordinance codified in this chapter, where some discretionary action or approval by the City Council and/or the Planning Commission is required. 9.180: TRANSPORTATION DEMAND MANAGEMENT /Draft: (Example: office space changes its use to commercial space.) E. "Developer" means the person or entity which is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing this chapter as determined by the property owner. F. "Employee" means any person employed by an "employer" as defined in this section. G. "Employment generation factors" refers to factors developed for use by the city for projecting the potential employment of any proposed development project. H. "Employer" means any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity which employs one hundred or more persons at a single worksite within the city, and may either be a property owner or tenant of an applicable development project. I. "Employment threshold" means the number of employees which an applicable development or employer must have for this chapter to apply. J. "Minimum standards" means the minimum changes made to establish a transportation demand management and trip reduction plan at an applicable development project to a level which satisfies this chapter. K. "Mixed -use development" means new development projects that combine two or more different uses. L. "New development project" means any nonresidential project being processed where some discretionary action or approval by the City Council and/or the Planning Commission is required. M. "Peak period" means those hours of the business day between seven a.m. and nine a.m. inclusive, Monday through Friday, which this chapter identifies as the priority period for reducing work related vehicle trips. N. "Property owner" means the legal owner of the applicable development and/or the owner's designee (e.g. developer). O. "Ride -share facilities" means any capital improvements which would benefit an employee who rideshares to the worksite, including on -site amenities, preferential parking, and ridesharing drop-off areas at the entrance of the concern P. "Site development plan/permit" means a precise plan of development that may be subject to public hearing before the City Council and/or Planning Commission including without limitation a 2 9180. TRANSEORT.4TIONDEMAND MANAGEMENT [Draft. 81281951 specific plan, conditional use permit public use permit, or subdivision map. Q. "Transit facilities" means any capital improvements which would benefit an employee who uses any form of transit to travel to the worksite, including transit stops, shelters, bus turnouts, park and ride lots, and other transit amenities. R. "Transportation management association" or "TMA," means a voluntary entity of employers, property owners and other interested parties who share a mutual concern for local transportation problems and have the ability to collectively pool participants' resources to address these issues. A TMA must still satisfy the goals established for individual employers pursuant to this chapter. S. "Transportation demand management" or "TDM" means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single -occupant vehicle such as carpools, vanpools, and transit, reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than peak periods. T. "Worksite" means a building or grouping of buildings located within the city which are in physical contact or separated solely by a private or public roadway or other private right-of-way, and which are owned or operated by the same employer (or by employers under common control). 9.180.030 Applicability. A. This chapter shall apply to all new nonresidential development projects and/or change of use projects that are estimated to employ a total of one hundred or more persons as determined by the methodology outlined in subsection B of this section. B. For purposes of determining whether a new development project or change of use project is subject to this chapter, the total employment figure shall be determined as follows: 1. Employment projections developed by the project applicant, subject to approval by the ; or 2. )Employment projections developed by the Community Development Director or the Director's designee using the following employee -generation factors by type of use: Lanai Use Category Retail/commercial Office/professional Industrial/manufacturing Hotel/motel Hospital Gross Sq. Ft/Employee 500 250 525 .8 to 1.2 employees/room 300 9.180. TRANSPORTATION DEMAND MANAGEMENT (Draft. 812 819 51 C. The employment projection for a development of mixed use or multiple uses shall be calculated based upon the proportion of development devoted to each t jpe of use. 9.180.040 ]Exemptions. Notwithstanding any other provisions, the following uses and activities shall be exempt from this chapter: A. Development projects and change of use projects, projected pursuant to Section 9.... to employ fewer than one hundred persons; B. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers; C. Other temporary activities, as defined in Section ... of this code or as authorized by the city when such temporary activities shall discontinue at the end of the designated time period; and D. Any employer(s) who have submitted to the city an active approved plan under the South Coast Air Quality Management District's (SCAQMD) Regulation XV Program Requirements (Regulation XV). Notwithstanding this provision, projects which are exempt under this subsection shall nevertheless comply with Section 9.180.110 (SCAQMD Compliance). 9.180.050 Minimum Standards. A. All applicable new developments and change of use projects shall, concurrent with application to the city for other permits and/or approvals, submit a transportation demand management plan ("TDM plan") prepared by a traffic engineer, transportation planner or other similarly qualified professional identifying traffic impacts associated with the proposed project and including design recommendations and mitigation measures appropriate to address on -site and off -site project impacts. The TDM plan shall be in the form required by SCAQMD Regulation XV, and shall be reasonably calculated to achieve an average vehicle occupancy rate (VOR) of 1.3. The TDM plan :shall also indicate specific strategies and guidelines to reduce the number of trips and increase the amount of nonvehicular transportation. B. All property owners of applicable new developments and change of use projects shall be subject to required capital improvement standards as specified in this section. These standards must be individually addressed to the specific needs and capacity of the applicable development. These required standards may be used to achieve an average vehicle occupancy rate (VOR) of 1.3. Property owners of all applicable developments shall include in their project site development plans provisions to address each of the following capital improvements: 1. Transit facilities (on -site and off -site); Z. Bicycle facilities; and Ell 1 elr� 9.180. TRANSPORTATION DEMAND MANAGEMENT [Draft., 81281951 3. Rideshare facilities. C. All property owners of applicable new developments and change of use developments shall establish "operational standards" within sixty days after occupancy of the development by an employer. Operational standards shall consist of standards which employers, TMA's or a managing office of an applicable development must implement to achieve the goals of SCAQMD's Regulation XV program. D. The following options may be included in the property owner's TDM plan to fulfill both the capital improvement standards and the operational standards: 1. Alternate work schedules/flex-time: incorporating alternate work schedules and flex -time programs (such as a nine-day/eight-hour or four-day/forty-hour work schedule); 2. Telecommuting: establishing telecommuting or work at home programs to allow employees to work at home or at a satellite work center; 3. Bicycle facilities: providing bicycle parking facilities equal to five percent of the total required automobile parking spaces; and preserve two percent of the gross floor area for employee locker and shower facilities; 4. On -site employee housing and shuttles: providing affordable on -site housing and shuttles to and from residential and work areas; 5. Preferential parking for carpool vehicles; 6. Information center for transportation alternatives; 7. Rideshare vehicle loading areas; 8. Vanpool vehicle accessibility; 9. Bus stop improvements; 10. On -site child care facilities; 11. Availability of electrical outlets for recharging of electric vehicles; 12. On -site amenities such as cafeterias and restaurants automated teller machines and other services that would eliminate the need for additional trips; 13. Airport shuttle service to hotels and spas; 14. Contributions to funds providing regional facilities such as park -and -ride lots, multimodal transportation centers and transit alternatives in the area; 15. Incentives for mass transit usage including, without limitation, provision of a bus pass, additional pay, or flex -time; 16. Implementation of increased parking fees or new fees; 17. Restriction of business hours; 18. Restriction of delivery hours; 19. Providing a direct pedestrian path from the closest transit stop into the facility; 20. Contributing up to one dollar/square foot to a housing subsidy fund so that affordable housing can be created closer to employer sites; 21. Developing rideshare and shuttle programs at resorts/hotels; 22. Creating a golf cart circulation system; 23. If an applicable development is on a current transit route, providing a transit stop, shelter, trash 9.180: TRANSPOR TA TION DEMAND MANAGEMENT /Draft. 81281951 barrels, benches, shade and wind protection, and bus turnouts; 24. If an applicable development is not located on a cun-ent transit route, contributing to a fund which will be used to provide transit amenities; 25. Provisions for the implementation of bicycle lanes; and 26. Providing other creative or innovative strategies to reduce vehicle trips. 9.180.060 TDM Application. A. Every application for a TDM plan approval shall be made in writing to the Community Development Director on the forms provided by the Community Development Department, shall be accompanied by a filing fee as set forth in Section 9.... of this chapter, and shall include the following information: 1. Name and address of the applicant; 2. The proposed TDM plan; 3. Such additional information as shall be required by the application form. B. The Community Development Director or the Director's designee shall inform the applicant within thirty days of receipt of the application whether the application is complete. When the application is complete, the Director shall take one of the following actions: 1. If the TDM plan is submitted in conjunction with application(s) for zone change, general plan amendment, site development plan(s)/permit(s), submit the TDM plan to the Planning Commission for its approval if associated with another development application; or 2. If 1. does not apply, the Community Development Director shall render a decision on the TDM plan in accordance with Section 9..... 9.180.070 TDM Review. A. All applications for approval of TDM plans shall be approved, conditionally approved, or disapproved by action of the Community Development Director or Planning Commission, whichever is applicable, based upon the standards set forth in this chapter, within thirty days after the application is found to be complete. A public hearing shall not be required for any TDM plan application unless it accompanies another permit application(s) which requires such a hearing. In this instance, the applicable time limits governing the requested approvals shall be in effect. B. The following findings must be made when a TDM plan is approved: 1. The TDM plan conforms to all of the requirements of this chapter, the city's general plan, 0 111 9.180: TRANSPORTATION DEMAND MANAGEMENT [Draft: 81281951 applicable specific plans, and with all applicable requirements of state law and the ordinances of this city. 2. The TDM plan is reasonably calculated to provide a vehicle occupancy rate of 1.3 for the applicable development. 9.180.080 Appeals. A. Director as Decision -Making Authority. An applicant or other aggrieved party may appeal the decision of the Community Development Director to the Planning Commission. Within fifteen calendar days after the date of mailing of the Director's decision, the applicant or aggrieved party may appeal the decision in writing on forms provided by the Community Development Department. Upon receipt of a completed appeal, the Director shall set the matter for hearing before the Planning Commission not less than five calendar days nor more than thirty calendar days thereafter, and shall give written notice of the hearing, by mail, to the applicant and the appellant. The Planning Commission shall render its decision within thirty days following the close of the hearing on the appeal. B. Planning Commission as Decision-MakingAuthority. An applicant or other aggrieved party may appeal the decision of the Planning Commission to the City Council. Within fifteen calendar days after the date of mailing of the Planning Commission's decision, the applicant or aggrieved party may appeal the decision in writing on forms provided by the Community Development Department. Upon receipt of a completed appeal, the city clerk shall set the matter for hearing before the City Council not less than five calendar days nor more than thirty calendar days thereafter, and shall give written notice of the hearing, by mail, to the applicant and the appellant. The City Council shall render its decision within thirty days following the close of the hearing on the appeal. 9.180.090 Review for Compliance. A. The Community Development Director (or designee) shall review an approved TDM plan for compliance with this chapter if any complaints of noncompliance are received by the city. In addition, the Community Development Director shall annually review each of the currently outstanding approved TDM plans for compliance with this chapter. After review of an approved TDM plan, the Community Development Director may require revision or resubmittal of the plan upon his or her finding that one or more of the following conditions exist: The property owner is not complying with the TDM plan or the terms and/or approval conditions of the TDM plan; 2. The TDM plan has failed to comply with SCAQMD requirements and the goals of this chapter to the level required by the TDM plan or its approval conditions; or 3. Approval of the TDM plan was obtained by fraud or perjured testimony. 7 9.180: TRANSPORTATION DEMAND MANAGEMENT [Draft. 81281951 B. In the event that the Community Development Director determines that a TDM plan must be resubmitted, the plan shall be resubmitted in accordance with the procedures outlined in this chapter as a new submittal and the applicant shall pay the specified fee for submittal. 9.180.100 Enforcement and Penalties. For purposes of ensuring that applicable developments comply with the provisions of this chapter, the Community Development Director shall, following written notice to the property owner of an applicable development, initiate enforcement action or actions against such property owner or designee which may include, without limitation, the following: 1. Withholding issuance of a building permit or occupancy permit; 2. Issuance of a stop work order, and/or 3. Any enforcement methods authorized by Chapter 9.... of this code. 9.180.110 SCAQMD Compliance. Each property owner which has received approval of a TDM plan or is exempt pursuant to chapter 9.... shall submit to the Community Development Department for review copies of all plans and reports submitted to SCAQMD pursuant to Regulation XV, and all approvals, enforcement letters, and other correspondence from SCAQMD regarding Regulation XV con:Formance. The Community Development Director shall cooperate with the SCAQMD in enforcement actions initiated either by SCAQMD or the city. 8 9 i � STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 10, 1995 CASE NO.: SIGN APPLICATION 95-311 (AMENDMENT #1) APPLICANT: SIGNS AND SERVICES COMPANY (FOR PIZZA HUT) REOUEST: APPROVAL OF AN AP64ENDMENT TO AN APPROVED BUSINESS SIGN FOR PIZZA HUT ZONING: C-P LOCATION: 50-855 WASHINGTON STREET, SUITE I, WITHIN THE LA QUINTA VILLAGE SHOPPING CENTER On June 13, 1995, the Planning Commission approved a 27-square foot internally illuminated channel letter and logo wall sign for Pizza Hut, mounted on a new partial vertical surface in the center arch on the south elevation of shop building "B", La Quinta Village Shopping Center and facing Washington Street. The approved sign is approximately four feet high, at its maximum point, by approximately eight feet long. This approval was a modification from the applicant's original request to mount channel letters and the logo above the arch way on the stucco tower of the south elevation. The approved sign program for the Center permits internally illuminated cabinet signs which are 18-inches high by 10-feet long (15 square feet). The signs have routed out letters with copy style and color to be chosen by the tenant. The signs hang from the archways over the covered walkways in front of the shop buildings. The applicant is requesting a modification to the Condition of Approval requiring the Pizza Hut/logo sign on the east facing wall of the building to be changed from an internally illuminated channel letters mounted on a vertical surface within the archway pcss.107 to a hanging cabinet sign. The size of the letters and logo will be the same as previously approved. Because the copy will be contained in a cabinet, the total size of the sign will increase from approximately 27-square feet to 40-square feet. This is due to the fact that in the case of cabinet signs we calculate the size based on the size of the cabinet. The proposed sign shape is a modified rectangle which outlines the shape of the "roof" logo. Colors will match the sign program with the cabinet being "bourbon" (light brown) in color and the sign face background being an opaque "white shadow" (off-white). The "roof" logo will be red with the copy "Pizza Hut" being black during the day and white at night when illuminated. The Plexiglas logo and letters will be installed in the routed out opaque background. The sign will be supported from the top by two 2-inch by 2-inch square painted aluminum tubes. Aluminum tubes will also be used on each side of the sign attached to the adjacent pillar for stabilization. Mr. John Koenig, of Koenig Development Company, developers of the shopping center has submitted a letter indicating the reasons for this requested amendment. He indicates that the previous approval does not work for this situation. Additionally, due to the fact that the "roof" logo is part of the Pizza Hut national identification, Mr. Koenig indicates that the approved sign program will not accommodate use of the nationally -recognized logo. The applicant's proposal is similar to one of three alternatives recommended by Staff in the initial review of the proposed sign for Pizza Hut in June, 1995. The sign cabinet will match in color and material the original sign program approved for the smaller tenants. The proposed sign, while larger than that allowed by the sign program, is for a national tenant and will proportionately utilize a small portion of the easterly wall of the building. Therefore, by Minute Motion, Staff recommends approval of this request subject to the attached conditions. Attachments: 1. Partial site plan showing sign location. 2. Letter from Mr. John Koenig, dated September 18, 1995. 3. Sign exhibits (large copies for Planning Commission only) pcss.107 CONDITIONS OF APPROVAL - RECOMMENDED SIGN APPLICATION 95-311 (AMENDMENT #1) SIGNS AND SERVICES COMPANY FOR PIZZA HUT OCTOBER 10, 1995 1. Approval of this request shall comply with the sign exhibits on file in the Community Development Department. Z. A building permit shall be obtained for the sign with final exhibits reviewed and approved by the Community Development Department to determine compliance with approval. CaNAPRVL.341 ATTACHMENT 1 Ln 6.56 M89°59'36'E `� o R=60f00' o ru n, ,�► R=50.00 cl �^ c� R=20.00` ru o 0 0 fanr+as� CJ�� z R=5.00' °° 0 plan �, P�4D -030.00'em 11.56 85.00 �S•�[ • _Ln _� II-� ,, go 0 12 18.00 R=165.00'- R=3.00' rn °. R=10.00' �0 R=3.00' 1200'FM NO A o Z R=10.00' 9�' n wad 15 c970 n -. n 20.00' D821/4 _ ., ��a _ .00' R=3.00 ,o, =10.00 0 0. D cm R=5.00' -R=3. ' =10. 0 �s�ru 3 �, 100.00 30.00, R=25.00' R=5.00' °° w • • �o • R=20.00' o R=3.00' •' • . R=110.00' 3fl, R=25.Od' R=140.00' R=25.00' 00 0 .00 =7.00' R YP°°' R=7.00' TYP. � R=500'o -°� ATTACHMENT RKOENIG COMPANY DEVELOPMENT Development n Investment K Management September 18, 1995 Mr. S•:an Sanwa Planning Department CITY OF LA QUINTA 78-495 Calle Tampico La Quinta. CA 92253 ljp�,�1' C? 7 0 RE: Pizza Hut - La Quinta Village `SA 015`3 1 Signage Dear Stan: Pizza Hut has requested a special sign on the East end of Shop 2 which does not conform to the approved sign plan. I request that the special sign, as submitted to you, be approved for the following reasons: 1. Pizza Hut has a nationally recognized Logo which consists of a "hat" over the name Pizza Hut. This cannot be done utilizing the approved sign dimensions. 2. The archway in which the sign will be hung is significantly higher and wider than any other archway in the center. This requires a unique sign solution. 3. Pizza Hut is a national tenant, is on an end cap, and occupies significantly more space than any other user in Shop 2. 4. At the nrevious sign hearing it was decided to "fill in" the unAer section of the archway and put a sign on the new vertical surface being created. We have explored this solution and it will not work. Consequently we would appreciate your approval of the revised sign design. If you have any questions, please let me know. Very truly yours, '—Jolin W. Koenig President cc: Kevin McConnell - Signs & Services Co. 2601 Airport Drive, Suite 240 0 Torrance, CA 90505 0 Tel: (310) 534-8060 Fax (310) 534-8220 � n n Rf m r � � yr �r , I M� I a ATTACHMENT APPROVED to QUINTA FLANNUNC CO%lM;SS!Cl ' By DATE '2 EXHIBIT _CASE NOQ.S PH # 1 DATE: CASE NO: APPLICANT: REQUEST: LOCATION: GENERAL PLAN DESIGNATION: ENVIRONMENTAL CONSIDERATIONS: SURROUNDING LAND USES: BACKGROUND: STAFF REPORT PLANNING COMMISSION MEETING OCTOBER 10, 1995 STREET VACATION 95.027 STAMKO DEVELOPMENT VACATE UNIMPROVED SECTION OF WESTWWARD HO DRIVE WEST OF ADAMS STREET, ADJACENT TO TRACT 23995 - INCO (See Attachment 1) COLLECTOR STREET ENVIRONMENTAL ASSESSMENT 95.308 HAS BEEN PREPARED IN CONJUNCTION WITH THIS APPLICATION FOR A STREET VACATION. THE INITIAL STUDY INDICATES THAT NO SIGNIFICANT ENVIRONMENTAL IMPACTS WILL OCCUR THAT CANNOT BE MITIGATED BY THE IMPLEMENTATION OF MITIGATION MEASURES. THEREFORE, A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT HAS BEEN PREPARED FOR CERTIFICATION. NORTH RESIDENTIAL SUBDIVISION (TRACT 23995) SOUTH WHITEWATER RIVER STORMWATER CHANNEL, IID SUBSTATION EAST ADAMS STREET AND VACANT LAND WEST VACANT LAND AND STORMWATER CHANNEL On July 25, 1995, Stamko Development submitted an application for the vacation of an undeveloped portion of Westward Ho Drive that is adjacent to Tract 23995 (Attachment 2). The proposed street vacation is necessary becasue it is a portion of a water well site which needs to be dedicated to the Coachella Valley Water District (CVWD). The dedication of the well site is a condition of approval for the continued development of Tract 23995, also known as the Inco tract. The area to be vacated is a 30-foot wide strip of land that is 608 feet long and totals .435 acres. The proposed well site will be at the southeast corner of Tract 23995, just north of the existing III) Substation facility. The additional portion of the vacation to the west will permit five of the lots within the tract to be buildable once the "paper" street is vacated. See Attachment 3. Staff transmitted this request to the responsible agencies for review and comment. Those agencies that responded were the Southern California Gas Company, CVWD, IID, County Fire Department, the City Public Wroks Department, and Building & Safety Department. In all instances, there were no comments or concerns about the proposed street vacation. An Environmental Assessment has been prepared for the proposed street vaction (Attachment 4). The only issue identified are the potentially significant archaeological sites, as discussed in the Initial Study Addendum Cultural Resources section. There are two recorded archaeological sites within and adjacent to the area to be vacated (CA-Riv-2200, CA-Riv-3683). Staff recommends that appropriate mitigation be conducted prior to recordation of the street vacation or dedication of the land to CVWD for use as a well site (Attachment 5). CONCLUSION: Staff has reviewed this request for a street right-of-way vacation and does not find any reason not to approve it, subject to the completion of an archaeological study prior to dedication of the land to CVWD. FINDINGS: The proposed Street Vacation is consistent with the planned development of the immediate area as it will allow for the construction of a domestic water well and six single family houses within Tract 23995. 2. The proposed Street Vacation will further the approved development of the immediate area by providing needed water service infrastructure. 3. The proposed Street Vacation will not significantly affect the environment, if mitigtion measures are implemented. 4. The propopsed Street Vacation will not affect the health, safety, or welfare of the public as it does not impact an improved roadway or other infrastructure. RECOMMENDATION: Move to adopt Planning Commission Resolution 95- to recommend certification of Environmental Assessment 95-308 for the proposed Street Vacation. Move to adopt Planning Commission Resolution 95-_ to recommend approval of Street Vaction 95-027, subject to the attached Conditions of Approval. Attachments: 1. Location Map 2. Application 3. Exhibit A 4. Environmental Assessment 95-308 5. Recommended Conditions of Approval L/-Y/L-r.-`^. ^.^..` 07i 06/:995 ' 5:11 6197777153 CITY Qr !A QUIM'A PAGE 01 Cane No. -o-415 j "AW CALVE TAMPMO — LA QUWA. CALIFORNIA ME* - (619) M-IM PAZ (516) m-7101 STREET VACATION AFC 2CAY ON In order to process your application in a time-'r manner, Please emplete and sign this form. The information which is required tc be shown on the plans and sWaitted with the application is stated an the back of this form. Failure to provide the required information is Justification for rejection of the application. TNIC APPLICAMH MUST B€ ACCOMPANM BY A NOV-EEMDABLE FILING FEE OF # i.QQ ` 9 AW & COPIES OF A COMPLETE AND ACCURATE Mr. PLAN, SHOWING ALL INVOMTICN AS MUIR= ON TRE ATTACHED SHEET, AE MY EE APPLICABLE TO THE VACATION RPQUZST. 4 1 r4pjcc &y x 1.1 "CG7° r . ..... ---•-..-.----..-w-a...------------------------------- •w--0---------- Name of Petitioner Stamko Developuent Co. Daytimo phone (310) 277-3622 Mailing Address 10100 Santa Monica Blvd., Suite 400 Los Angeles. $treat city Zip Code Circulation Plan Designation Name of Street(s) Proposed for vacation "-)-e (Also 11st all affected cross -streets) Legal description of right -of -WAY (oi.ve exact legal description as MAY be recorded in the office of the County lancorder -- may be attached, or ;Provide sealsd note., L hounds description. c�{Q,, Signature of ApplioanttBetitiorer �K% M ADOPESS - P O am 1501 A ed IJMTA riu 1FORNiA 92M i P.O. did:; :; ��ei ;t;r b ^bo are n y Cul to gi� e � v�� N y a co CO � O coo w ors toy � y a m n � M z _ z rn<m �►=m c l) x _w cml�> • off 1-bz� II > LilSm crn Nmm O NZ m < ~ mv rn �0 � m nI~ r mom= Lyl N CONVEYED TO CVWD PER INST. REC. 3/6/61 IN BK . 2662. PG .164. O.R. wc°Dii�rn ov �aC' c-) cat v A WV-4(4 -cpZZ - . IM / N ONl\ ••° - ' w ® A = O / ^ u�U m Om � H A M x G� O i rnwA I 30' Aii Ic wfn- j z Q �i O 0 Gyp(OIL m PROPOSED (FUTURE) EXISTING 30' R/W ADAMS STREET VACANT ZZ&:l►lE: 1 • - 100 ATTACHMENT 4 The Environmental Assessment for the Street Vacation public hearing Will be distributed at the Workshop portion of your meeting vi o� a` M N 00 0 M i Ch z w o W z �n � w z�a z O W � � U z O vnWV) O zz H TWA A U W H d A U � A a� aU U U H U C Wo U a o °A H °� o U b a�8 O �O ® UAA a o� rn rn Q U pq M� U U E� u z E� �O zz 0 �a 0 w a con o C'n ' p ® a v M o za E� � z r �+ U CU U e� a U bD C7 ^d o M L7 z a °� U�A cn w a� ED po � d ® a ^O PC zbncr "o �, .n :o w c L 'fl 0-4O �j P5 bV yV O CJ ,C 14 all cn ri A O F o a U A PC, F E� � z W U p F•+ C, z E �O zz 0 �o w E� U p�q d A M � U U U � a O N �a1Uv�OG�U �v y z 00 mac~ ° u" 9z 0 ELI, a �' 4 E o A� O F•o 2v� M wv�aw o0 C\ rn >Q rn W W H A z a �+ U ® x U U H• z H 0 � O zz 0 a a O w �a a H A �A OU V W F� F� L7 �O ®z o w ° 4 cn C PC s c r� W 0 F c. Ca U pq A UV W E� E�+ L7 �O �z �o w cot a za o� ON� rnrn > Q on W t- 00 N O O M CAS a� co..., O 0 C U a� 4-4 �csA o,08� 8a rA C axa�a�A� C COW UO Ocimw w° w A U pQ �A ®U aIUo► av�a •pO�� O o v a G5 � zO 04 o 0,0 � W O a� w o U � o �a � o0 oo�•v A U pq �A UV W U G7 �O �z o w o GOO U c U z w � PC A U � �A �+ U U a U c. � a C7 .a o PC PQ a w ��pp O O V] Piz tj y PW mod' E y o a a C O H O 0-4PC L7 c ud 0-4 1-0 V-4 A U pq �A ®U L7 C4 �O ®z �o w a o +� U H � � o � rn rn GJ pq A ®U o c U � aW da �Ua � A bD bD « i z � x w va9z ® o� oo ,acca'W ° ~ enC 'Ooo o[ o 0 rA 'i" G a°�OAU;�� PC PC A rMD E� o a� F U v PCo��°'b N 4r a c,� ►� c� +r 'C p a� U a� r�.i v "C "6 N b 1 c N00 O O M rA W A U �A �+ U u 00 E�+ G7 00 �O 00 PO w (A a o O H U U o � za F�1 U p�q �A �+ WWTTU UV E U E G7 �O ®z E EA �o w rA z 0 rA F+ ►-+ � U W mod' O PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 95-308 PREPARED FOR STREET VACATION 95-027 ENVIRONMENTAL ASSESSMENT 95-308 STAMKO DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10th day of October, 1995, hold a duly noticed Public Hearing to consider Street Vacation 95-027 for Stamko Development; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did certify the Environmental Assessment; and, WHEREAS, said Street Vacation has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended) (Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Initial Study EA 95- 308; and, WHEREAS, the Community Development Director has determined that said Street Vacation will not have a significant adverse effect on the environment with the implementation of mitigation measures, and that a Mitigated Negative Declaration of environmental impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: The proposed street vacation will not be detrimental to the health, safety, or general welfare of the community, either indirectly or indirectly, becasue it will net impact an improved roadway or other infrastructure. 2. The street vacation will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory, with the implementation of mitigation measures. 3. The proposed street vacation does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the vacation will permit the construction of a needed domestic water well that will service the area for many years. 4. The proposed street vacation will not result in impacts which are individually limited or cumulatively considerable that cannot be mitigated to a level of insignificance. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission for this environmental assessment. 2. That it does hereby recommend certification of Environmental Assessment 95-308 for the reasons set forth in this resolution and as stated in the attached Environmental Assessment Checklist and Addendum, labeled Exhibit "A". PASSED APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 1 Oth day of October, 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 EXHIBIT "A" DOT •• .T :3fwJ8 17— M—l'i MWOVA L33HIS SWVOV 'H or;, JNIISIX3 ---1 (3Hrllrlq) N/H .VV 03SOdOHd a a no a om = Iv w 24 IE, .OE 0 m V7 .cc 116 v c c� Wotr)mo . omm 0�1C1N V 9L 14 x v W �4 G�. H' 0 'V9i ' Sd '3902 * XB NI S9/9/E '03H '1SNI Had OM3 01 O3kWO3 Ln o� Z �oN CD V O . O oo� W St�l� U. � W = IA W i 1 �LL Z�+ Z i- >aN X" 2 LU V Li Q > W rr0U m Q J O PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL OF STREET VACATION 95-027 STREET VACATION 95-027 STAMKO DEVELOPMENT WHEREAS, the Planning Commission of the City of La Quinta, California did on the loth day of October, 1995, hold a duly noticed Public Hearing to consider the approval of Street Vacation 95-027 which consists of Westward Ho Drive west of Adams Street, more particularly described as: PORTION OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 ]EAST, SBBM. WHEREAS, said Street Vacation request: has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), and adopted by City Council Resolution 83-068, in that the Community Development Director has determined that the approval of the Street Vacation will not have a significant adverse impact on the environment and a Mitigated Negative Declaration of environmental impact is recommended; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify the recommendation for approval of said Street Vacation: 1. The proposed Street Vacation will not adversely affect the planning development as specified by the General Plan for the City of La Quinta, or by Tract 23995. 2. The proposed Street Vacation will further the intent of the goals and policies of the General Plan to provide new infrastructure within the City, in the form of a water well site. 3. There will be no significant impacts resulting from approval of the Street Vacation that would affect the public health, safety, or welfare. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of La Quinta, California, as follows: RESOPC.170 Planning Commission Resolution 95- 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That it does hereby recommend to the City Council approval of the Street Vacation 95-027 for the reasons set forth in this Resolution and as illustrated in the map labeled Exhibit "A", attached hereto. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this loth Day of October, 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 RESOPC.170 PLANNING COMMISSION RESOLUTION 95- CONDITIONS OF APPROVAL - RECOMMENDED STREET VACATION 95-027 OCTOBER 10, 1995 GENERAL CONDITIONS OF APPROVAL 1. Prior to recordation of the Street Vacation Resolution with the Riverside County Clerk, the applicant shall retain a professionally qualified archaeologist to provide a record search, survey, and monitoring of earth -moving activities, including trenching for both on -site and off -site related work. The archaeologist shall conduct a preliminary survey, recordation, and surface collection of any archaeological resources. The project archaeologist shall prepare a monitoring and treatment program for review and approval by the Community Development Department prior to implementation. During grading activities, the project site shall be monitored by a professionally qualified archaeologist who maintains the necessary archaeological collecting permits and repository agreements. In areas of known high potential, the project archeologist may designate an archaeological monitor to be present during 100% of the earth -moving activities. If, after 50% of the grading is completed, it can be demonstrated that the level of monitoring should be reduced, the project archaeologist may so amend the mitigation program with the approval of the Community Development Department. The archaeological monitor(s) is authorized to temporarily divert equipment while removing fossils. Prior to issuance of occupancy or final inspection, the project archaeologist shall submit a final report to the Community Development Department. The final report shall discuss the methods used, results of the surface survey, identification, cataloging, curation, and storage of artifactual materials collected; and the significance of the archaeological resources. A final report of the finds and their significance after all operations are complete shall be reviewed by the Historical Preservation Commission for acceptability. Acceptance of the final report for the project by the Historic Preservation Commission signifies completion of the program of mitigation. 2. This approval of Street Vacation 95-027 is in conjunction with the Conditions of Approval for Tract 23995. CONAPRVL.159 PLANNING COMMISSION RESOLUTION 95- CONDITIONS OF APPROVAL - RECOMMENDED STREET VACATION 95-027 OCTOBER 10, 1995 GENERAL CONDITIONS OF APPROVAL 1. Prior to issuance of a Grading Permit, and in accordance with Condition No. 4 of the Conditions of Approval for Tract 23995, and previous archaeological reports for the project, the applicant shall retain a professionally qualified archaeologist to provide monitoring of earth -moving activities, including trenching for both on -site and off -site related work. The project archaeologist shall prepare a monitoring and treatment program for review and approval by the Community Development Department prior to implementation. During grading activities, the project site shall be monitored by a professional qualified archaeologist who maintains the necessary archaeological collecting permits and repository agreements. In areas of known high potential, the project archaeologist my designate an archaeological monitor to be present during 100% of the earth -moving activities. If, after 50% of the grading is completed, it can be demonstrated that the level of monitoring should be reduced, the project archaeologist may so amend the mitigation program with the approval of the Community Development Department. The archaeological monitor(s) is authorized to temporarily divert equipment while removing artifactual materials. Prior to issuance of the Building Permit of the 149th house in Tract 23995, the project archaeologist shall submit a final report to the Community Development Department. The final report shall discuss the methods used, results of the monitoring and significance of the archaeological materials. A final report shall be reviewed by the Historical Preservation Commission for acceptability. Acceptance of the final report for the project by the Historical Preservation Commission signifies completion of the program of mitigation. CONAPRVL.159 INITIAL STUDY ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 95-309 Street Vacation 95-027 Applicant: Stamko Development 10100 Santa Monica Blvd. Los Angeles, California Prepared by: Leslie Mouriquand, Associate Planner City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California August 31, 1995 EA 95-308 SECTION 1: INTRODUCTION 1.1 PROJECT OVERVIEW The purpose of this Initial Study is to identify the potential environmental impacts of proposed Street Vacation 95-027 to vacate existing street right-of-way located on Westward Ho Drive, west of Adams Street. More particularly, the right-of-way is located in a portion of the southeast quarter of Section 19, Township 5 south, Range 7 east, S.B.B.M., and comprises approximately 0.435 acres. The proposed street vacation is to facilitate the future construction of a well site for the Coachella Valley Water District. The City of La Quinta is the Lead Agency for the project review, as defined by Section 21067 of the California Environmental Quality Act (CEQA). A lead agency is the public agency which has the principal responsibility for the carrying out or approving of a project which may have a significant effect upon the environment. The City of La Quinta, as the Lead Agency, has the authority to oversee the environmental review and to approve the street vacation. 1.2 PURPOSE OF INITIAL STUDY As part of the environmental review for this proposed street vacation, the Community Development Department Environmental Officer has prepared this Initial Study and Addendum. This document provides a basis for determining the nature and scope of the subsequent environmental review for the proposed street vacation and future well construction. The purposes of the Initial Study, as stated in Section 15063 of the CEQA Guidelines, include the following: • To provide the Agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or a Negative Declaration of Environmental Impact for the Street Vacation; • To enable the applicant or the City of La Quinta to modify the project, mitigating adverse acts before an EIR is prepared, thereby enabling the project to qualify for a Declaration of Environmental Impact; • To assist in the preparation of an EIR, should one be required, by focusing the analysis on those issues that will be adversely impacted by the proposed project; To facilitate environmental review early in the design of the project; • To provide documentation for the findings in a Negative Declaration that the project will not have a significant effect on the environment:; • To eliminate unnecessary EIR's; and, To determine whether a previously prepared EIR could be used with the project. FA 95-308 2.5 DISCRETIONARY ACTIONS A Discretionary action is an action taken by a government agency (for this project, the government agency is the City of La Quinta) that calls for the exercise in judgment in deciding whether to approve a project. The proposed street vacation will require discretionary approval from the Planning Commission and City Council. The following discretionary approvals will be required for this action: Certification of the Environmental Assessment determination for the project; Approval of Street Vacation 95-027. 2.6 RELATED PROJECTS There are no currently related projects pending on this site. There is a residential subdivision under construction adjacent to the north of the vacation site. SECTION 3: ENVIRONMENTAL ASSESSMENT 3.1 LAND USE AND PLANNING Regional Environmental Setting The City of La Quinta is located in the Coachella Valley, in the eastern portion of Riverside County, California. The valley is abundant with both plant and animal life. topographical relief ranges from 237 feet below mean sea level )msl) to about 2,000 feet above msl. The valley is surrounded by the San Jacinto Mountains, the Santa Rosa Mountains, the Orocopia Mountains, and the San Bernardino Mountain range. the San Andreas fault transects the northeastern edge of the valley. Local Environmental Setting The area of the proposed street vacation is located between the Whitewater River Stormwater Channel, along the street right-of-way for Westward Ho Drive, west of Adams Street, adjacent to Tract 23995. The land is vacant but has been disturbed by past improvements to the channel. A. Would the project conflict with the general plan designation or zoning? Less than Significant Impact The area to be vacated is an unimproved section of Westward Ho Drive, which is classified as a Collector Street on the La Quinta General Plan. It is surrounded by land that is designated as Low Density Residential (LDR). If the vacation is approved and recorded, the "paper" street will not exist and the land will be designated as Low Density Residential. B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? No Impact The City of La Quinta has jurisdiction over this project. The primary environmental plans and policies related to the proposed street vacation are identified in the La Quinta General Plan, La Quinta General Plan EIR, La Quinta Master EA 95-308 Less Than Significant Impact. The proposed street vacation will not significantly impact the immediate area with respect to infrastructure except that the vacation will allow for the dedication of the land to the local water district for use as a well site. Thus, the vacation will increase the existing infrastructure in the City through the addition of a domestic water well to the current water system. C. Would the project displace existing housing, especially affordable housing? No Impact, There is no existing housing within or adjacent to the area to be vacated. However, there are six residential lots, within Tract 23995, that are partially within the vacation area. The vacation will allow these lots to be buildable. Tract 23995 does not have specifically designated affordable housing. Therefore, there is no impact to this issue area, and no mitigation is required. (Source: Tract 23995; Site Survey) 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quinta is located within the Coachella Valley, a seismically active region of Southern California. Several earthquake faults transect the valley. The valley was formed through uplift and erosional sedimentation processes. Due to the dry climate, the valley is a desert with Lower Sonoran types of vegetation. The City of La Quinta has a varied topography, including relatively fault areas, gently sloping alluvial fans, and steep hillside areas. The valley floor has several areas with rolling sand dunes. The alluvial soils that make up most of the City are underlain by igneous -metamorphic rock, as seen in outcrops in the Santa Rosa and Coral Reef Mountains. Soils on the valley floor are made up of very fine grain unconsolidated silty sands in most areas. Local Environmental Setting The area to be included in the proposed street vacation is located at the southern boundary of Tract 23995, and north of the northern bank of the Whitewater River Channel. The project site has been slightly disturbed with the construction of the IID substation and off -road vehicular activity through the area. A. Would the project result in or expose people to impacts involving seismicity: fault rupture? Less than Significant Impact. There is an inferred Fault line located slightly west of the western terminus of Westward Ho Drive, that transects the stormwater channel in a northwest -southeast trending direction. Inferred faults are considered potentially active, although no activity has been recorded for the last 10,000 years. A strong earthquake alcng an inferred fault would be capable of generating seismic hazards and strong groundshaking effects in the immediate area, depending where the seismic activity centered. None of the inferred faults in La Quinta have been placed in an Alquist-Priolo Special Studies Zone All development in the City must conform to the seismic standards of the Uniform Building Code in order to mitigate this risk to the extent EA 95-308 Less Than Significant Impact. The soils in the area of the proposed street vacation consist of Myoma Fine Sand (MaD) and Coachella Fine Sand (CpA). The MaD soil types are commonly found on alluvial fans and sand dunes. MaD soil is found on slopes of 5 to 15% in dune environments as well as alluvial fans. Runoff is slow and erosion hazard is light for this soil type. The hazard of blowing soil is high. This soil type of classified taxonomically as mixed, hyperthermir. Typic Torripsamments. CpA soil is found in alluvial fans and flood plains of the Coachella Valley, in areas where the slope is 0 to 2 % gradient. The runoff characteristic is medium, the erosion hazard is slight, and the hazard of blowing soil is high. This soil is classified as Sandy, mixed hyperthermic Typic Torrifluvents. (Source: U.S.D.A. Soil Conservation Service Soil Survey of Riverside County, California -Coachella Valley Area) The future well site will involve drilling and grading activities. The existing topography of the proposed vacation area is a mix of rolling sand dunes and partially disturbed flat area. Compliance with approved grading plan and geotechnical studies for the well construction will ensure structural integrity. Such compliance should be a condition of approval for future construction. G. Would the project result in or expose people to potential impacts involving subsidence of the land? Less Than Significant Impact. The vacation area is not located in an area known to have subsidence hazards. Dynamic settlement results in geologically seismic areas where poorly consolidated soils mix with perched groundwater causing dramatic decreases in the elevation of the ground. The project site is not anticipated to be impacted by this type of hazard. (Source: La Quinta ML=A) H. Would the project result in or expose people to potential impacts involving expansive soils? Less Than Significant Impact. The shrink -swell potential for the soils on the project site is low according to the Soil Conservation Survey for the Coachella Valley. The City requires compliance with the Uniform Building Code and the recommendations of a soil investigation report prior to approval of building and grading permits. (Sources: Soil Survey of Riverside County, California - Coachella Valley Area) I. (Would the project result in or expose people to potential impacts involving unique geologic or physical features? No Impact. The Coral Reef Mountains and the Santa Rosa Mountains represent unique geologic features in the La Quinta area. These areas are not located in or near enough to the project site to be affected by the street vacation or future construction of a water well. (Source: La Quinta MEA; Proposed Street Vacation map) EA 95-308 11 Local Environmental Setting The proposed street vacation does not have any standing water on or adjacent to it. The Whitewater Stormwater Channel is located a few yards to the south of the project site.. The channel is dry except during seasonal storms. The City has limited areas which are subject to storm water flow or flooding. Flood prone areas within the City are designated with a specific zoning district (Watercourse, Watershed and Conservation Areas: W 1). The intent of the zoning district is to allow development in flood prone areas based upon the submittal of a drainage and stormwater control plan. The City also implements flood hazard regulations for development within flood prone areas. A. Would the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Less than Significant Impact. An approved drainage plan will be required prior to construction of the future water well facility, or the residential lots to be created as part of Tract 23995. There will be changes in absorption rates, drainage patterns and surface runoff as the parcels are developed. These issues will be reviewed when specific development plans are submitted to the City for approval. B. Would the project result in exposure of people or property to water -related hazards such as flooding? Less than Significant Impact. The proposed vacation site is within a designated flood zone (Zone X) which is within a 500 year flood area and a 100 year flood area. During a 100 year flood, the average depths are less than 1 foot or with drainage areas less than one square mile. This zone also includes those areas protected by levees from 100-year flood. The project site is protected by the Whitewater River Stormwater Channel located adjacent to the south. Development of Tract 23995 is required to have on -site retention facilities for runoff water, which provides additional protection to the project site. (Source: La Quinta MEA: Tract 23995) C. Would the project result in discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Less than Significant Impact. Runoff from the project site will most likely be required to be directed into the Whitewater River Stormwater Channel. There are no bodies of surface water on or adjacent to the proposed vacation site that would be impacted by the project. (Source: Proposed Site Plan; La Quinta MEA) D. Would the project result in changes in the amount of surface water in any water body? No Impact. There are no bodies of surface water on or adjacent to the proposed vacation site. One the site is developed with a water well facility and the six residential lots are developed there will be an increase in runoff volume. This increase is not expected to impact surface water. Runoff will mostly likely be directed to the stormwater EA 95-308 13 (SEDAB). A discussion of the jurisdictional organization and requirements is found in the La Quinta MEA. Local Environmental Setting The City of La Quinta is located in the Coachella Valley, which has an and climate. This climate is characterized by hot summers, mild winters, and low annual rainfall. Variations in rainfall, temperatures, and localized winds occur throughout the valley due to the presence of the surrounding mountains. Air quality conditions are closely tied to the prevailing winds of the region. The City of La Quinta is subject to the SCAQMD AQMP, a plan which describes measures to bring the SCAB into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The General Plan for the City contains an Air Quality Element outlining mitigation measures as required by the Regional AQMP. A. Would the project violate any air quality standard or contribute to an existing or projected air quality violation? No Impact. The proposed street vacation will result in less chance of air quality impacts than if the unimproved section of the roadway were not vacated and improved in the future for vehicular use. The vacation eliminates a section of potential roadway, thus eliminates air quality emissions from vehicular trips. B. Would the project expose sensitive receptors to pollutants? No Impact. The proposed street vacation will eliminate a section of unimproved roadway, thus reducing the pollutants that might otherwise impact sensitive receptors. Sensitive receptors include schools, day care centers, parks and recreation areas, medical facilities, rest homes, and other land uses that include concentration of individuals recognized as exhibiting particular sensitivity to air pollution. North of the street vacation site is a single family residential subdivision currently under development (Tract 23995), a sensitive receptor. The La Quinta High School, a sensitive receptor. (Source: Site Survey) C. Would the project alter air movements, moisture, temperature, or cause any change in climate? No Impact. The proposed street vacation is not anticipated to result in any impact on this issue area. There were climatic changes or impacts anticipated with the development of Tract 23995, nor are there any anticipated with the construction of a water well. D. Would the project create objectionable odors? No Impact. The proposed street vacation is not anticipated to result in the creation of odors that would be detectable by residents in the immediate area. There could be short term odors associated with the construction of the water well or the six residential units, however, these will be short term. EA 95-308 15 F. Would the project result in conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? No Impact The proposed street vacation will eliminate the need for future bus turnouts or the need for alternative transportation, since a segment of roadway will be eliminated. (Source: Proposed Site Plan) G. Would the project result in rail, waterborne, or air traffic impacts? No Impact There is no rail service, navigable rivers or waterways, or air travel lanes within the City. Thus, there will be no impacts upon these issues. (Source La Quinta General Plan) 3.7 BIOLOGICAL RESOURCES Regional Environmental Setting The City of La Quinta lies within the Colorado Desert. Two ecosystems are found within the City, the Sonoran Desert Scrub and the Desert Transition. The disturbed environments are classified as either urban or agricultural. A detailed discussion of these ecosystems is found in the La Quinta Master Environmental Assessment. Local Environmental Setting The site of the proposed street vacation is within the Sonoran Desert Scrub ecosystem. Typically, undeveloped land within this environment is rich in biological resources and habitat. The Sonoran Desert Scrub is the most typiG3l environment in the Coachella Valley. It is characterized as containing plants which have the ability to economize water uses, go dormant during periods of drought, or both. Cacti are very common in these areas due to their ability to store water. Other plants root deeply and draw upon water from considerable depths. The variations of desert vegetation result from differences in the availability of water. The most dense and lush vegetation in the desert is found where groundwater is most plentiful. The Sonoran Scrub areas are also considered habitat for a number of small animals. These animals escape the summer heat through their nocturnal and /or burrowing tendencies. Squirrels, mice and rats are all common rodent species include kit fox, coyote, and mountain lion in the higher elevations. The largest mammal species found in this area is the Peninsula Big Horn sheep. The project site is vacant. There is sparse scattering of scrub vegetation. the La Quinta MEA identifies that the project site is within the habitat of the Coachella Valley Fringe - toed Lizard, a federal endangered species. The mitigation for disturbance of the lizards habitat is payment of a fee per acre. (Source: La Quinta MEA) A. Would the project result in impacts to endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? EA 95-308 17 A. (Mould the project conflict with adopted energy conservation plans? No Impact. The City of La Quinta does not have an adopted energy plan. However, the City does have a Transportation Demand Management (TDM) Ordinance in place that focuses on the conservation of fuel through vehicle trip reduction. The Housing Element contains requirements for efficiency in housing construction and materials, thus reducing energy consumption. The proposed street vacation will not impact this issue area. B. Would the project use non-renewable resources in a wasteful and inefficient manner? No Impact. The proposed street vacation will not result in the use of resources, as it is a change in a "paper" road right-of-way. Thus, there is not impact to this issue area. 3.9 RISK OF UPSET/HUMAN HEALTH Regional Environmental Setting Recent growth pressure has dramatically increased the City's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in food, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not found in the City. the existence of chemicals utilized in dry cleaning operations, agricultural practices, restaurant kitchens, landscaping, and exposure to large scale electrical facilities may pose significant threats to some sections of the population. Local Environmental Setfing The project site has not bee contaminated by toxic or hazardous waste. A. Would the project involve a risk of accidental explosion or release of hazardous substances (including, but not limited to oil, pesticides, chemicals, or radiation)? No Impact. There is not anticipated risk from the proposed street vacation on this issue area. B. Would the project involve possible interference with an emergency response plan or emergency evacuation plan? No Impact. The proposed street vacation will not impact emergency accesses or repines plans for the surrounding area. (Source: Proposed Site Plan; Site Survey) C. Would the project involve the creation of any health hazard or potential health hazards? No Impact. There are no anticipated health hazards associated with the proposed street vacation. EA 95-308 19 No Impact The proposed street vacation will have no effect upon fire protection services. B. Would the project have an effect upon, or result in the need for new or altered government services in relation to police protection? No Impact The proposed street vacation will have no effect upon police protection services. C. Would the project have an effect upon, or result in the need for new or altered government services in relation to school services? No Impact The proposed street vacation will not have an effect upon the school system in the City. D. Would the project have an effect upon, or result in a need for new or altered government services in relation to the maintenance of public facilities, including roads? No Impact. The proposed street vacation will not adversely impact the roadways in the City. It will eliminate a section of an unimproved road. (Source: Proposed Site Plan) E. Would the project have an effect upon, or result in a need for new or altered government services in relation to other governmental services? No Impact The proposed street vacation will not impact government services as there will be no demand for such services. 3.12 UTILITIES Regional Environmental Services The City of La Quinta is served by the Imperial Irrigation District (IID) for electrical power service, and the Southern California Gas Company (SCG) for natural gas service. Existing power and gas lines are found throughout the City. IID has four substations in La Quinta, with electricity generated by a steam plant in El Centro and hydroelectric power generated by the All American Canal. General Telephone Exchange (GTE) provides telephone services for the City. Colony Cablevision serves the area for cable television service. The Coachella Valley Water District (CVWD) provides water service to the City. CVWD obtains water from underground aquifers and from the Colorado River. CVWD operates a water system with potable water pumped from domestic water wells in the City. The wells range in depth from 500 to 900 feet. Potable water is stored in five reservoirs located in the City. The City's stormwater drainage system is administered by the CVWD, which maintains and operates a comprehensive system valley -wide to collect and transport stormwater flows. The City is served by Waste Management of the Desert for solid waste disposal. EA 95-308 21 will be protected by the Whitewater River Stormwater Channel. (Source: Site Survey; Proposed Site Plan; Tract 23995) F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? No Impact The proposed street vacation and subsequent well site development will not require solid waste disposal services. The six residential units will require this service which will be coordinated as an aspect of Tract 23995. 3.13 AESTHETICS Regional Environmental Setting The City of La Quinta is partially located within a desert valley cove. There are steep hillsides to the west and south. Views of the desert and surrounding mountains are visible throughout most of the City. Local Environmental Setting The area of the proposed street vacation is located within an Attractive Viewshed according to the La Quinta MEA. This viewshed has a moderate sensitivity for impacts, and also serves as a secondary focal point. The future water well and six residential houses will impact this viewshed in a cumulative manner, but not to a significant degree. A. Would the project affect a scenic vista or scenic highway? Less Than significant Impact The street vacation site will not result in the significant impact of a scenic vista or scenic highway. The project site is within a designated secondary viewshed, but is anticipated to impact it in a less than significant degree. (Source: La Quinta MEA) B. Would the project have a demonstrable negative effect? Less Than Significant Impact. Well sites are usually considered aesthetically negative, as they contain pipes, valves, equipment structures, etc. However, adequate water supply is considered a necessary infrastructure to service existing and future development. C. Would the project create light or glare? Less Than Significant Impact The future well site may have exterior security lighting. The six residential units will undoubtedly have external lights which will contribute to the light and glare in the City. However, it is not anticipated that there will be a significant impact. All such lighting shall be required to comply with the Dark Sky Ordinance and other policies of the City, in order to reduce the impact. EA 95-308 23 to 17,600 in 1995. The incorporated boundaries currently include over 31 square miles of area. Local Environmental Setting The area of the proposed street vacation is adjacent to the northern bank of the Whitewater River stormwater channel, and along the southern boundary of Tract 23995 - Reunion (INCO). There are several recorded prehistoric archaeological sites in the surrounding area. The specific are of the street vacation has been surveyed in the past with two sites recorded on or adjacent. The archaeological report prepared for Tract 23995 states that various archaeological studies on this property have been conducted over the years, mostly under the requirements of environmental planning law. The first survey was begun in the 1970's when Tract 16449 was recorded for the property. A formal survey was conducted in 1980 which identified and recorded a substantial camp site designated as CA-Riv-2200, but no further work was conducted at that time. During a casual reconnaissance along the river banks another prehistoric survey was conducted in 1989, with another prehistoric camp site discovered and recorded (D. F. McCarthy, RIV-3683). In late 1989, subsurface investigations were conducted on RIV- 220 and RIV-3683. The report of this investigation recommended that an archaeological monitor be present during grading to address any buried archaeological materials. In 1990, another camp site was discovered on the property and recorded as RIV-3866. This site was investigated in 1994, by The Keith Companies. A. (Mould the project disturb paleontological resources? Less Than Significant Impact. No significant paleontological resources have been found in the vicinity of the street vacation area. The project site is not within the boundaries of the Lakebed Delineation Study Map prepared for the City of La Quinta. There, fore it is not expected that any significant paleontological deposits would be located in the project site. (Source: Lakebed Delineation Study Map) B. Would the project affect archaeological resources? Potentially Significant Unless Mitigated. Given that there are two recorded archaeological sites within the area of the street vacation, monitoring of grading activities shall be required as per the Condition of Approval and Mitigation Monitoring Plan prepared for this project. Previous archaeological studies have been conducted on the property and recommend such monitoring. (Source: City Archaeological Site Map; Previous Archaeological Studies for Tract 23995) C. Would the project affect historical resources? No Impact. There are no known or visible historical structures or deposits in the area of the street vacation. (Source: La Quinta General Plan; Site Survey) D. Would the project have the potential to cause a physical change which would affect unique ethnic cultural values? EA 95-308 25 The proposed street vacation will not have the potential to achieve short term goals to the disadvantage of long-term goals, with the successful implementation of mitigation. The proposed street vacation will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity. The proposed street vacation will not have environmental effects that will adversely affect humans, either directly or indirectly, with the implementation of mitigation. SECTION 5: EARLIER ANALYSES A. Earlier Analyses Used. The following analyses were considered in the preparation of this document: Archaeological Assessment Report, The RIV-3866 Site, City of La Quinta, Tentative Tract 23995, Riverside County, California._ The Keith Companies. September 1994. Report of an Archaeological Monitoring Program for The Reunion Residential Proiect, Tract 23995-1, City of La Quinta. The Keith Companies. December 1994. La Quinta Master Environmental Assessment. La Quinta General Plan. B. Impacts Adequately Addressed. Impacts resulting from the proposed street vacation and future well development have been addressed in the environmental review of Tract 23995 and the project Conditions of Approval. The street vacation will have a condition of approval attached to it to require archaeological monitoring during earth -moving activities within the street vacation area. October 9, 1995 Ms. Leslie Mouriquand Associate Planner City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Street Vacation 95-207 Dear Leslie: Thank you for faxing us a copy of the revised proposed conditions of approval for the vacation of the Westward Ho ROW west of Adams Street. We've reviewed the proposed conditions as attached and have no objections to these revised conditions. Thanks for your help with this. Please call me at 909-608-2104 if you have any questions. Sincerely, 1N HO S ORPORATION�_ Frederick W. Farr Land Development Manager Southum CJI ti ia. Orioi n 25C Rmon Avent.e Suite 20: C�tmnx. CA 917:9.1341 ,:)0911111 U! 4 IC FAX ;909) 736 MAC Corporate Trace 12,2 W. Art,)% Hignwiv PC. Sox 00 Upland, CA 9173i (909) 9�i-898Q (�,4X (909) 962.9764 PH *2 STAFF REPORT PLANNING COMMISSION MEETING DATE: OCTOBER 10, 1995 CASE NO.: ORDINANCE NO. 272; CITY OF LA QUINTA SUBDIVISION ORDINANCE REQUEST: APPROVAL OF SPECIFICATIONS FOR THE FORMS OF AND ACCEPTANCE STANDARDS FOR SUBDIVISION IMPROVEMENT SECURITY ENVIRONMENTAL CONSIDERATION: The proposed clarification of specific criteria for acceptance standards for subdivision improvement security will have no effect upon the environmental issues assessed in EA-95-292. BACKGROUND: On August 1, 1995, following a joint approval process by the Planning Commission and the City Council, the City Council adopted Ordinance No. 272 revising Chapter 13 of the La Quinta Municipal Code relating to subdivision regulations. The Ordinance requires that the City Council specify, by resolution, the forms of and acceptance standards for subdivision improvement security. The Subdivision Map Act (SMA) requires that cities obtain security to guarantee installation of improvements in new subdivisions. The Act lists, in a general sense, several forms of security which may be accepted by public agencies and allows the agencies to establish specific criteria for each form and standards for acceptance. The proposed resolution (Attachment 1) allows each of the forms of security listed in the SMA and establishes specific criteria for acceptance. The criteria focus on three elements: The financial stability of the institution providing security, and 2. The ease with which the City can gain access to funds for secured improvements. The payment of fees by the subdivider for the use of certain forms of security to help offset the City's costs in administering those forms of security. RECOMMENDATION: Adopt the attached resolution recommending specifications for forms of and acceptance standards for subdivision improvement security. PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING APPROVAL OF ALLOWABLE FORMS OF AND ACCEPTANCE STANDARDS FOR SUBDIVISION IMPROVEMENT SECURITY WHEREAS, the City Council of the City of La Quinta did adopt Ordinance 272 revising Chapter 13 of the La Quinta Municipal Code relating to subdivision regulations; and, WHEREAS, said Ordinance 272 requires that the La Quinta City Council specify, by resolution, the forms of and acceptance standards for subdivision improvement security; and WHEREAS, it is expedient that the City establish evidence of the stability and reliability of financial institutions and sureties providing security for subdivision improvements; and WHEREAS, the establishment of such evidence and the administration of certain forms of security require the expenditure of time, the acquisition of documentary evidence, and/or the consultation of legal advice or assistance, each of which result in significant cost to the City; and WHEREAS, the costs of administration of the subdivision of property are rightly borne by the subdivider; and WHEREAS, the clarification of specific criteria for acceptance standards for subdivision improvement security will have no effect upon the environmental issues assessed in Environmental Assessment 95-292 which addressed Ordinance 272; NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. Improvement security for subdivisions within the City of La Quinta shall conform with Section 66499 of the California Government Code and the following: A. A cash deposit with the City or a responsible escrow agent or trust company, at the City's option. B. Surety bonds, of the form specified in Section 66499.2 of the California Government Code, issued by sureties listed in the U.S. Department of Treasury Circular 570 (latest version) listing of institutions authorized to issue bonds in the State of California and the bonding limitations of those institutions. RESOPC.168 Planning Commission Resolution 95- C. Certificates of deposit, in the City's name, from one or more financial institutions subject to regulation by the State or Federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). D. Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph C, pledging that the funds necessary to carry out the completion of the improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by the City. Letters of credit shall guarantee that all, or any portion of the funds available pursuant to the letters of credit, will be paid upon the written demand of the City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed witil such time that the City authorizes its expiration or until sixty (60) days after the City receives notice from the financial institution of intent to allow the expiration of the letter of credit. E. A lien upon the subdivided property, if the City finds that it would not be in the public interest to require the installation of the improvements sooner that two (2) years after recordation of the final map or parcel map for which the improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the improvements secured thereby and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at the subdivider's expense through an appraisal approved by the City. F. When any agency of the State, Federal, or local government provides at least twenty percent (20%) of the financing for the improvements to be completed, security may be an instrument of credit from an agency of the State, Federal or local government. G. When the subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with the City or in favor of the City, deposited, at the City's option, with the City or a responsible escrow agent or trust company. RESOPC.168 Planning Commission Resolution 95- SECTION 2. The administrative fee shall be applicable to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fee shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. The fees, to be paid at time of submittal of security, shall be as follows: A. For certificates of deposit and letters of credit as described in Paragraphs C and D of SECTION 1, for which establishment of evidence of reliability of the financial institution requires the City's membership in the Investment Data Exchange, the subdivider shall pay an administrative fee of one hundred fifty dollars ($150.00). B. For liens on real property as described in Paragraph E of SECTION 1 for which the City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, the subdivider shall pay to the City an administration fee of one half of one percent (0.5 %) of the estimated cost of the improvements secured but not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00). SECTION 3. That it does hereby recommend approval of the hereinabove specified forms of and acceptance standards for subdivision improvement security. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this loth Day of October, 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 RESOPC.168 PH #3 STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 10, 1995 CASE NO.: CONDITIONAL USE PERMIT 95-022 REQUEST: APPROVAL OF A VEHICLE SALES LOT ON PORTION OF A 2.7 ACRE SITE. LOCATION: 79-410 HIGHWAY 111 (ATTACHMENT 1) APPLICANT: MR. MOE NOURKHAH PROPERTY OWNERS: MR. AND MRS. NOAH T. SUITT AND MR. ARTHUR BLOCK ZONING: C-P-S (SCENIC HIGHWAY COMMERCIAL) ENVIRONMENTAL CONSIDERATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE PROJECT IS CATEGORICALLY EXEMPT (CLASS 1, SECTION 15031(A►) . This site is developed with a small older building and parking lot. It was built before the City's incorporation in 1982. The structure was originally used as a single family home but converted to a real estate office 10-15 years ago. In 1993, a nursery business illegally began operation. The City informed the business owner that his use required Commission review (CUP 93-009 - Desert Gardens). The City approved the outdoor nursery business in 1994, but the applicant never complied with the Conditions of Approval. Shortly after that, the business owner abandoned the site. State Highway 111 abuts the site to the south and is designated as Major Arterial (176' r-o-w ) street in the General Plan. Partial strreet improvements exist along the STAFFRPT.047 1 frontage of the site. The half -street width of Highway 111 is currently 60-feet which is does not meet current City standards. Twenty-six feet of dedication is necessary to conform to our exiting General Plan standards. rs-I• • -u-0 The project site has 200-feet of frontage and 600-feet of length. A small building exists with paved parking at the front of the site. A chain link fence encloses the southern portion of the property and rolling gates are used to restrict access to the site. A row of mature Tamarisk trees provides wind protection for the building along the north side of the structure. The applicant is proposing to develop the site for use as a vehicle sales lot. Four guest parking spaces will be on the east side of the exiting building, and display parking will be along the other paved areas of the site. Access to the property occurs at the east and west sides of the site providing one-way travel for this project. They propose no vehicle repair or servicing. The applicant states that his business will be open from 9:00 A.M. to 8:00 P.M. and that a minimum of two employees will be on -site during business hours. In the application the applicant states that night lighting will be important for his business needs. They have provided no other information to staff but we believe the owner also owns the Auto Liquidator business in Cathedral City on Ramon Road, west of Cathedral Canyon Drive. North: C-P-S South: C-P-S East: C-P-S West: C-P-S Vacant (Whitewater Channel) Vacant Vacant Vacant We advertised the case in the Desert Sun newspaper on September 20. All property owners within 300-feet of the affected area have been sent a copy of the public hearing notice as required. STAFFRPT.047 2 We sent a copy of the applicant's request to all public agencies on September 14, 1995. All comments received have been incorporated into the draft conditions for this project. Environmental Assessment Staff has determined that the project is Categorically Exempt (Class, Section 15301(a)) from the requirements of the California Environmental Quality Act because the building/parking lot exists and the applicant is only changing the type of business use at the site. They plan no major improvements that would require additional environmental work. The applicant has submitted a Conditional Use Permit application for this request because the City's Zoning Code (Section 9.88.020B) requires automobile sales and rental agencies to be reviewed by the Commission to ensure compliance with the CPS Zoning provisions. The Commission can impose conditions that they feel are necessary for the operation of the site. The conditions ensure that the project will not be detrimental to the health, safety or general welfare of the community (Chapter 9.172). The Land Use Element of the 1992 General Plan Update designates the site as M/RC (Mixed/Regional Commercial) which permits retail businesses serving regional or local trade areas. The site is zoned C-P-S (Scenic Highway Commercial). This site is considered legal nonconforming because it has been used for commercial purposes in the past, but the site improvements do not meet the current provisions of the General Plan and Zoning Code. The property owner and applicant should note that if they expand the property (this includes a request to divide the parcel), the improvements shall conform to the applicable district regulations of the Zoning Code. This includes street dedication and building/landscaping setbacks. The current Code provisions require a 50-foot landscape and building setback for projects in the CPS Zoning District. STAFFRPT.047 3 Issue 1 - Land Use This type of land use is consistent with the M/RC General Plan designation because City encourages retail businesses for this heavy commercial corridor. The CPS District is one of the highest (or heaviest) retail districts in the City. This Corridor consists of approximately 476 acres that at this time are vacant or under utilized save for the new One Eleven La Quinta Shopping Center, Simon Motors, and Plaza La Quinta. The Zoning Code provides that the Commission can issue a CUP for this type of use with conditions. Staff has recommended proposed project conditions that we feel are necessary to insure the project is not detrimental to the community. Parking for this site is based on two provisions of -the Off -Street Parking Code. The Code requires the applicant to provide one space per 300 sq. ft. for indoor space and one space for per 2,000 sq. ft. for all outdoor areas (i.e., display). Therefore, the required parking is as follows: 1. Building (1200 sq.ft.)/300 = 4 parking spaces 2. Display (4700 sq.ft.)/2000 = 2 parking spaces Total = 6 parking spaces The Code requires six parking spaces for employees and guests. Display spaces do not count toward meeting this requirement. The applicant is proposing four parking spaces including one disability space. Condition 6D has been recommended to resolve thus problem. The owner will need to redesignate employee/guest spaces and display areas so that they meet our Zoning Code provisions. The Director of Community Development can approve this revised plan. • .•. MiK• One major issue that occurred in 1993/94 was the prior business owner of the nursery graded the northern two-thirds of the site (2 acres) in anticipation of his CUP approval by the Commission. They planned to use the area to store specimen trees for sale to large customers. The grading work was done without obtaining a permit. The Conditions of Approval for CUP 93-009 required the business owner (or property owners) to prepare an Archaeological Assessment to determine if the site had significant historical materials that needed to be preserved or gathered. Mr. Christopher E. Drover, Ph.D. completed the environmental impact evaluation, on December 5, 1994, and concluded " ... no archaeological or historic resources were STAFFRPT.047 4 located during survey activities." Therefore, the site can be left in its present state, but if they plan other activities (i.e., grading) a site monitor will need to be present to review any subgrade material. The previous grading work was never stabilized to staff's knowledge. The applicant or developer shall submit to staff a stabilization plan as required by Chapter 6.16 of the Municipal Code (Conditions 6A and B). Since they do not plan this two -acre site to be used in this application, no other actions are necessary by the applicant to resolve the stabilization requirement. The site has an existing nonconforming sign (two-sided) that has been used for on - site advertising over the years by the real estate office and nursery. The sign is perpendicular to Highway 111 and located between the driveway entrances. The sign is approximately 50 sq. ft. and 14-feet in helight. The applicant would like to paint a new business sign on the sign structure that reads: "Desert Auto Liquidators (with phone number)." The sign background would be white with blue letters. Exterior sight sources will illuminate the sign at the top of the sign structure. This is allowed provided they require no other structural modifications (See Condition 6G). The previous nursery owner installed the existing parking lot lights without a permit from the Building and Safety Department. The lights are not in conformance with the provisions of the City's Dark Sky Ordinance (Chapter 9.210). A permit from the Building and Safety Department for new lighting shall be required. All future lighting shall be hooded and direct the lighting downward. Condition 5 has been drafted to correct this Code violation. Staff is recommending that the use of the property be considered temporary because of its nonconformance status. The Commission should review the operation of the site periodically to inquire whether they are meeting the conditions of approval. Staff has drafted Condition 2 to require site reviews. Currently, the site does not meet the provisions of the General Plan Circulation Element because the site is lacking 26-feet of street dedication and other off -site improvements. Staff recommends the Commission require the property owner to STAFFRPT.047 5 offer 26-feet of property along the frontage of the site so that future street widening can occur (e.g., Assessment District) independent of the use of the property. The City and/or Caltrans could reconstruct Highway 111 to General Plan standards. If we do not require the dedication offer, we are obligated to negotiate or purchase the necessary right-of-way before any improvement work can be done. At this time, staff has no schedule in which we might make these improvements, but we would not record the offer unless we funded the project and work was eminent (See Condition 6C). - . • . • ing ff M. - _-eTaC• Tip A - Vehicle Repair The applicant requests no vehicle repair at this time, therefore, Condition 11 is recommended by staff to ensure that no repair be done at the site. This condition is necessary to insure that if ownership of the business changes or the owner changes his mind later, all parties know that repair work cannot be done unless it is done within an enclosed building as required by the CPS Zoning provisions. Section 9.88.020(Cd) states "Accessory uses shall be conducted wholly within a completely enclosed building." The existing site does not have an accessory building that could be used for this purpose, therefore, they should perform no work that degrades this scenic corridor. B - Loading Area This site does not have a loading space for his vehicle deliveries other than the one- way circular service drive. Staff is concerned that this deficiency could present a problem if the business owner transports his purchased vehicles using large (8-car) trailers or off -loads his cars/trucks on the shoulder of Highway 111. The Commission can permit the applicant to use the site for loading purposes, however, we must assure that the highway is not used for loading purposes (Condition 16). We feel this issue is another reason to have annual reviews of this business necessary is warranted (i.e., traffic safety). C - Trash Enclosure A trash enclosure is required. All commercial business shall have receptacles for their trash. We recommend that an enclosure be built and that its construction be consistent with City standards. The location of the enclosure should be close to the existing building (Condition 6D(3)). STAFFRPT.047 6 The existing building is painted pink and the wood trim is painted green. The previous tenant repainted the building without approval by staff. We feel the building in its present state is not very attractive and it seems that it was repainted to gain attention from passing motorists (similar to a sign) instead of being attractive. The building is not proposed to be repainted by this applicant, we proposed that it be repainted or they repaint portions of the building to make it pleasing to look at than its present state (Condition 6H). Commercially zoned properties surround this site, but at this time they are vacant. However, this use is compatible with the policies of the General Plan and with current Zoning requirements. This use contributes to meeting the vehicle service needs of the community. No physical constraints prevent the use of the site provided they meet the recommended Conditions of Approval. The Conditions are deemed necessary to insure that noise, dust, odors and all other objectionable factors will be reduced to the extent that there will be no annoyance to adjacent properties. Adopt Planning Commission Resolution 95- , approving Conditional Use Permit 95-C22, subject to the attached Conditions of Approval. Attachments: 1. Location Map 2. Application Information 3. Sign Information 4. Site Plan Exhibit (Large Map) STAFFRPT.047 7 PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW A VEHICLE SALES LOT AT 79-410 HIGHWAY III CONDITIONAL USE PERMIT 95-022 MR. MOE NOURKHAH WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 1 Oth day of October, 1995, hold a duly noticed Public Hearing to consider the request of Mr. Moe Nourkhah for approval of a Conditional Use Permit to allow a. vehicle sales lot with an existing office building on a portion of a 2.7 acre site, pursuant to Chapter 9.88 of the La Quinta Municipal Zoning Code located at 79-410 Highway 111, more particularly described as: A PORTION OF THE NORTH HALF OF SECTION 29 TSS, R7E, S.B.B.M. (APN 649-020-012) WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (Resolution 83-63), in that the Community Development Director has determined that the project is categorically exempt per Public Resources Code Section 21084 and Section 15301(a) (Categorical Exemption) of the State CEQA Guidelines; and, WHEREAS, upon hearing and considering all testimony and arguments, if any of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify approval of said Conditional' Use Permit: The proposed use will not be detrimental to the health, safety, or general welfare of the community because the City permits vehicle sales in its CPS Zoning District and no expansion of the site is being made. Vehicle repair will not be permitted because it cannot be done inside a fully enclosed building designed for this type of use. 2. The Conditional Use Permit, as conditioned, is consistent with the zoning requirements of the City because the use of the property is considered temporary until the 2.7 acre is fully developed. Minor site improvements are necessary and will be made to bring the site into conformance with many of the provisions outlined in the current Zoning Code. The use of the site will be permitted for an initial two-year period provided certain improvements are made or fees are paid. 3. That the proposed project is exempt from the provisions of the California Environmental Quality Act Public Resources Code Section 21084 and State CEQA Guidelines (Section 15301(a)), but mitigation measures have been included to address the Fringe -Toed Lizard resopc.136 Planning Commission Resolution 95- Habitat Conservation Plan and Archaeological Impacts (Appendix "K") which have occurred because a portion of the site was graded without City approval. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That it does hereby approve Conditional Use Permit 95-022 for the reasons set forth in this Resolution and subject to the attached conditions, labeled Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 1 Oth day of October, 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 resopc.136 PLANNING COMMISSION RESOLUTION 95- CONDITIONS OF APPROVAL - RECOMMENDED EXHIBIT "A" CONDITIONAL USE PERMIT 95-022, MR. MOE NOURKHAH OCTOBER 10, 1995 1. The development of this site shall conform with the exhibits contained in the file for Conditional Use Permit 95-022, unless otherwise amended by the following conditions. 2. The approval of this conditional use permit shall be valid for a period of two years, expiring October 10, 1997. Two months prior to the two-year expiration period, the applicant shall make a written request to the Planning Commission to review the used car lot operation for compliance with the conditions contained herein. The Commission may approve a time extension. The review shall be conducted as a public hearing and notices will be mailed to all adjacent property owners as prescribed. The City Council shall review all actions of the Commission, as a report of action (or equivalent). 3. That all the provisions of Chapter 9.88 of the Municipal Planning and Zoning Code shall be met or adhered to during the operation of the business. A City business license shall be obtained to conduct business from the existing on -site building. 4. Any on -site construction shall comply with all local and State building code requirements in effect at the time of issuance of a building permit. 5. Prior to issuance of a Business License, all existing parking lot lights shall be removed. 6. Prior to issuance of a Business License, -the applicant shall submit to the Community Development Department for review and approval the following items: A. A total of $1,200 shall be paid in accordance with 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 previously graded land. Conaprv1.337 Conditions of Approval Conditional Use Permit 95-022 October 10, 1995 B. Submittal of a Fugitive Dust Control Plan (FDCP) that shall be implemented as required by staff. All previously graded areas 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. C. Process through the appropriate legal instrument, an irrevocable offer to dedicate sufficient Highway 111 right-of-way to effect an 86-foot half width from the existing centerline of the street, for approval by the Director of Public Works. D. Revise the site as follows: 1. Specify six guest and employee parking spaces including one handicap parking space with the dimensions of 16-feet in width and 19-feet in depth. 2. Provide a parking lot striping plan including directional arrows, stop signs, no parking areas, and parking spaces shall be approved by the Community Development and Engineering Departments. 3. Specify the location, size, color and materials of the trash enclosure. E. Revise the landscape and irrigation plans as follows: 1. Specify that plant materials, proposed within the setback along Highway 111, shall be maintained at a height not to exceed 30- inches from the ground surface. 2. Specify the addition of a minimum of four 24"-box shade trees, along Highway 111, to the proposed plant palette. 3. Specify a total of two trees, each will be located on either side of the eight space display area on the south side of the parking lot. F. The plant materials and irrigation shall be installed in accordance with the approved plans. Conaprv1.337 2 Conditions of Approval Conditional Use ]Permit 95-022 October 10, 1995 G. Submittal of a sign elevation drawing indicating overall letter/figure design dimensions, colors materials, and proposed copy. No alterations shall be made to the existing freestanding structure. H. Submittal of a "letter of intent" with a color board that the building shall be repainted by December 10, 1995. The color board shall specify the use of desert earth tone hues. 7. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 8. A durable sign stating "This door to remain unlocked during business hours" shall be placed on or adjacent to the front exit doors. The sign shall be in letters not less than one inch high on a contrasting background. 9. Traffic flow along the existing "U" shaped drive shall be restricted to one-way in a westerly direction. The applicant shall post appropriate signs, as approved by the City Engineer, at the interior and exterior ends of each access point to Highway 111. 10. The applicant acknowledges that future improvements on Highway 111 will restrict access to this development to right-in/right-out access. 11. No automotive repair or service work shall be conducted at the site. This includes oil changes, tune ups, and transmission repair. Battery charging and washing vehicles are permitted. 12. Any expansion to this nonconforming lot, land use or structure and/or subdivision of this parcel for land sale purposes shall require conformance with the applicable district regulations and City Subdivision Ordinance. 13. If any work is necessary with the S1:ate right-of-way, the property owner/developer must obtain an encroachment permit from Caltrans prior to any work beginning. They can be reached by calling (909) 383-4536. 14. The building address numbers shall be eight inches in height and mounted so that they are visible from Highway 111 (i.e., contrasting background). A Conaprvl.337 3 Conditions of Approval Conditional Use Permit 95-022 October 10, 1995 supplemental address can be posted on the chain link fence if the building letters are not visible. 15. Advertising on each vehicle shall be limited to price only. The advertising shall not exceed 5-inches in height and 12-inches in length. All other forms of advertising shall be consistent with the City's Sign Ordinance or Municipal Code (Special Advertising). 16. No loading and/or unloading of vehicles shall occur off -site (i.e., along Highway 111). Conaprv1.337 4 CUP 95-022 ATTACHMENTS MR. MOE NOURKHAH 79-410 HIGHWAY I I I ATTACHMENT 1 VICINITY MAP La Quinta Nigh School 381 S T ARM 4"1 TER Highway Y Case: CUP 95-022 1 -38 ro to O, a PART I Applicant: owner (s): Purpose of CITY OF LA QUINT A ATTACHMENT 2 8-495 CALLE TAMPICO :A QUINTA, CA 92253 Case No.: �%f 02Z Date Received: - S- l5- USE PERMIT APPLICATION General xrffl {m ion rfvC-3�8-003�. (Name) (Phone) (Address) 14' S'v 077yr-' . /3C4 �APhone) (Name) 32?3/4' &) 11, 1ACra4 o Cc •PCC(: �� rJ S��/,J�-s yaa6� (Address) Request: �I� D Assessor's Parcel No.: Z S/> - D 1-0 - o / *I - General Location: kft-J V / // Acreage: s C,(ia,l-t?fs, Existing Zoning: C Related Cases: Legal Description: Give exact legal description as recorded in office of the Cour Recor er - May be attached -Er 114 (3#C 6(-zZ7'( d PART II Project Background 1. Expanded description of the project (incl,ide architectural and environmen characteristics important to the project). 2. Common Name of project, if any: 3. Relationship to a larger project or series of projects, if applicable. Describe this project relates to other activities, phases, and developments planned, or underway: 4. List and describe any other related permits and other public approvals required this project to proceed, including those required by the City, Regional, State Federal agencies (Indicate subsequent approval agency name, and type of appr required.): /A (� i CUPAPP Al� :ONDITIONAL USE PERMIT APPLICATION, City of La Quinta PART III (Cont 'd) COMMERCIAL, INDUSTRIAL, INSTITUTIONAL OR OTHER PROJECTS 1. Type of use(s) and major function(s). (If offices, specify type & number): 2. Number of square feet in total building area: 3. Number of square feet of building area devoted to each proposed use: 4. i Number of stories: 10 V Height feet 5. Largest single building (Sq. Ft.): (Hgt.) 6. Number of square feet in outdoor storage area: 7. Total number of required parking spaces: Number provided: B. Hours of operation: 4 ,'60 q/� /-(y f 'G C) /' 9. Maximum number of clients, patrons, shoppers, etc., at one time: Z 10. Maximum number of employees at one time: 2 number of full-time employees: ll. number of part-time employees: J- If patron seating is involved, state the number: N/* 12. Is there any night lighting of the project? Yes ✓ No 13. Area and percent of total project devoted to: Building footprint: Square Feet 3 Paving, including streets: Square Feet s Landscaping, open, recreation area: Square Feet s (Excluding right-of-ways) Total project area: Square Feet ' F Signature of Applican • e Date: Authority for this application is hereby given: Signature of Property Owner(s): v-�� i/ Date: Written authority may be attached) Date: IMPORTANT: Any false or misleading information shall be grounds for denying thi application. Signatures and addresses of all owners as shown in the office o the County Recorder must be included. CUPAPP II'V'II *111 ATTACHMENT 3 Sign Company Name ►ddress y� 9�f /JIJ Ge�i�c-l� (� Phone: Sign Company Representative 'ype of Signs Proposed: Number y Free Standing Wall Mounted Temporary Number Main Trade Sign Directional Sign Offsite Advertising ,ocation of Proposed Signs ►ssessor's Parcel Number G�%�'� vZv Zone �195 )verall dimensions of sign (and of copy face if less) D-" 0 o Z iaterials A/O1S_,') v S7,-tZ_Z S</ 'olors 'ype of Illumination )eclared Value or Contract Price �, `� / signature of Applicant Date Signature of Property Owner (s) * �� ,�c. L Date Date (Written Authority May be Attached) DOTE: Any false or misleading information shall be grounds for denial of this application. wrium nnA /r C _13_ L v e-- L--,Ac'TT2F/? -75 it :J tb 2-3a.41/1) 1�&Y� Change of Copy ;xisting sign) DESERT AUTO LIQUIDATORS 619-555-1212 z ItLam-,; t PH *4 STAFF REPORT PLANNING COMMISSION DATE: OCTOBER 10, 1995 CASE NOS.: CONDITIONAL USE PERMIT 95-021, PLOT PLAN 95-564, AND ENVIRONMENTAL ASSESSMENT 95-309 REQUESTS: 1. CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2. APPROVAL OF THE DEVELOPMENT OF A 128-UNIT APARTMENT COMPLEX ON 11.6 ACRES OF PROPERTY IN AN R-2 (MULTIPLE FAMILY) ZONED AREA. 3. APPROVAL OF A DEVIATION FROM THE DEVELOPMENT STANDARDS TO REDUCE THE GROSS LIVABLE AREA FROM 1,400 SQUARE FEET TO A MINIMUM OF 750 SQUARE FEET AND LARGER. 4. APPROVAL OF A 35% DENSITY BONUS TO ALLOW 11 UNITS PER ACRE WHERE 8 UNITS PER ACRE IS ALLOWED IN ACCORDANCE WITH THE GENERAL PLAN CONCESSION TO PERMIT TWO PARKING SPACES FOR TWO BEDROOM UNITS WHERE 2.5 PARKING SPACES ARE REQUIRED FOR AFFORDABLE HOUSING. LOCATION: WEST OF WASHINGTON STREET AND 700-FEET NORTH OF CALLE TAMPICO (ATTACHMENT 1) APPLICANT: THE KEITH COMPANIES REPRESENTATIVE: MR. MIKE ROWE, PROJECT MANAGER PROPERTY OWNER: USA PROPERTIES FUND, INC. (MR. ARTHUR M. MAY) ZONING: R-2 (MULTIPLE FAMILY DWELLINGS) GENERAL PLAN DESIGNATION: MDR (MEDIUM DENSITY RESIDENTIAL) STAFFRPT.45 1 ENVIRONMENTAL CONSIDERATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED ENVIRONMENTAL ASSESSMENT 95-309 FOR THE PROPOSED PROJECT. BASED UPON THIS ASSESSMENT, THE PROJECT COULD HAVE AN EFFECT UPON THE ENVIRONMENT, UNLESS MITIGATION MEASURES ARE CARRIED OUT WHICH LESSEN THE IMPACTS TO AN INSIGNIFICANT LEVEL. THEREFORE, A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED FOR CERTIFICATION. The 11.65 acre site is vacant. Over the past few years two development requests have been processed at this location. The first was a 109-unit senior apartment (PP 91-467) complex that received City review in 1991, but was withdrawn before final review of the case by the City Council. The second request occurred in 1993 when JASCORP processed a request to develop the property with single family condominiums. The housing developer requested + 124 units with some units affordable (low and very low income), but the Commission and Council approved 116- units. North: R-2-8,000 Existing Golf Course across evacuation channel. South: C-P La Quinta Village Shopping Center East: SR Single Family Homes and Vacant West: R-3 Under Construction Single Family Homes (See Attachment 2). The Land Use Element of the 1992 General Plan Update designates the site as MDR (Medium Density Residential) with a density range of 4-8 du's/ac. Apartments are allowed within this General Plan designation providing criteria, as outlined in Policy 2-1.1.9, are met. STAFFRPT.45 2 The Zoning classification is R-2 (Multiple Family Dwellings) which permits single family units, condominiums, apartments, and other uses. The Zoning Code provides that the following standards apply: The project can be one or two story but not exceed 28-feet in height. The perimeter yard requirements are (1) 20-feet for the front, (2) 5-feet for sides, and (3) 10-feet for rear. The maximum lot coverage is 60 percent. The distance between two-story buildings will be 15-feet, but between one-story buildings 10-feet is allowed. We advertised the case in the Desert Sun newspaper on September 20, 1995. A notice was mailed all property owners within 300-feet of the affected area a copy of the public hearing notice as required. We sent a copy of the applicant's request to all public agencies on September 8, 1995. All comments received have been incorporated into the draft conditions for this project. _RVIVRu-N.l<: 11-0 Staff has prepared an Environmental Assessment to analyze the effects of this proposal under current standards and guidelines. Attached for your review and consideration is the Environmental Checklist accompanied by staff's explanations for each category. Based on the completed environmental analysis, staff is recommending the filing of a Mitigated Negative Declaration for the project (Attachment 3). The developer is requesting approval to develop a 128-unit apartment complex on an 11.65-acre site at a density of 11 units per acre. Access to the project will be from a shared two-way driveway on Washington Street that the builder of the La Quinta Village Shopping Center to the south constructed in 1994. Gated access is not proposed on Washington Street. The apartment units are plotted around a private street (28-feet in width). Most buildings are 8-unit complexes and two stories (28- feet). The exceptions are Buildings 1, 3, 4, and 12 which are single -story, four unit buildings. The developer plans the followings housing units: STAFFRPT.45 3 Plan 2 - 750 sq. ft./2-bedroom (Building C) = 88 units Plan 3 - 1,000 sq. ft./3- bedroom (Building G) = 36 units Plan 4 - 1,200 sq. ft. /4-bedroom (Building H) = 4 units Total = 128 units One story buildings are proposed along Washington Street to reduce the scale of the project and be consistent with the SR Zoned properties to the east (i.e., single family homes limited to 17'-0") and the one-story Season's project to the west. The total number of parking spaces provided is 276 based on two bedroom units having two parking spaces provided per unit and 2.5 parking spaces for the larger units. The developer is planning to have one carport for each unit plus other uncovered spaces. The architecture is representative of the Mediterranean period. This design type includes concrete roof tiles, stuccoed exteriors, and stucco window and door surrounds. Each unit has an outdoor deck or patio. A common entry is proposed for each unit and the stairway for the upstairs units are also provided in this area. The developer plans to set aside 4.16 acres of the total 11.65 acres, for outdoor recreation and a retention basin. The applicant is requesting a Conditional Use Permit because the size of the gross livable area for each unit is less than 1,400 square feet as required in the Development Standards under Section 9.32.020.G of the Zoning Code. Because this is a proposed affordable housing project deviations from the unit square footage size is permitted with the approval of a Conditional Use Permit. Pursuant to State Law (Section 65915 of The Planning & Zoning Law), a developer can allocate at least 20% of the residential units for lower -income households or 10% of the units for very low-income households, given that the City must either: 1. grant a density bonus of at least 25% and allow at least one regulatory concession or incentive identified below: a. reduction in setbacks b. building square footage reduction C. reduced architectural requirements d. parking reductions; or STAFFRPT.45 4 2. provide financially equivalent incentives to the developer to make up for these regulatory requirements. The developer is proposing that the entire project serve residents with income levels of 50% to 60% of the median (very low and lower -income households) for this area. Therefore, the developer is entitled to a density bonus and at least one additional concession or incentive. The units are required to be reserved at affordable rates for periods ranging in length from 10 to 30 years in accordance with the General Plan Housing Element. The developer's financial assistance package usually specifies the reservation period, and in this case their State tax credit program requires that these units be reserved for 55 years. The applicant is requesting a density bonus to permit 11 units per acre where the General Plan allows eight units per acre. The formula for determining density within Policy 2-1.1.1 of the General Plan, based on the proposed acreage of 11.65 at eight units per acre would total 93 units. A 35% density bonus would increase the number of units to 128. The concession requested is to reduce the 2.5 parking spaces required for two bedroom units to two parking spaces per unit. The 1992 General Plan Update establishes, within Policy 2-1.1.9, criteria for varying residential uses, specifically allowing apartments, in the Medium Density Residential Land Use designation as follows: A Conditional Use Permit was processed in lieu of the required Specific Plan due to the request for affordable housing using the density bonus and a concession. The development is adjacent and shares access with the La Quinta Shopping Center and to the east and west are single family residences. • •. u STW :..� A . STAFFRPT.45 5 The site is adjacent to Washington Street, an arterial street with infrastructure improvements to support the requested project density of 11 units per acre. F31ii The apartment complex will buffer the 'Season's, a small single family residential development from Washington Street and a portion of the La Quinta Shopping Center. The project, as conditioned, incorporates a two -acre passive park within the development. Also, the development is adjacent to the evacuation channel and golf course to the north. In addition, a pool and recreational building are provided within the project. The project is appropriate in that the use is compatible with the surrounding high density residential or commercial projects and is accessible to the Village area, two major thoroughfares, and public transportation. The project includes design features that are similar to other neighborhood properties. The City has "fast tracked" the review of the development plan because it has affordable units pursuant to Policy 2.2.2 of the Housing Element. The policy states the City will act on a case with a six-month period to help any applicant with their development application. Additionally, Policy 2.3.3 states that City should provide an additional bonus if they provide three and four bedroom units. Government Code 65913 declares that California has "a severe storage of affordable housing." As a result, government agencies at all levels should expedite and encourage residential development processes through zoning, regulatory concessions, and incentives to "reduce housing development costs and thereby facilitate the development of affordable housing." Government Code 65589.59(B) states that "(i)t is the policy of the state that a local government not reject or make infeasible affordable housing developments" that comply with its general plan without thorough analysis and justification. MIRRMOTTMOMM, Ms Min The requested reduction in required parking is not anticipated to create a shortage of parking within the complex. Each unit will be assigned a carport and the remainder of the spaces will be accessible to any tenant. Staff has STAFFRPT.45 6 reviewed appropriate planning manuals, and finds that two to two and one-half spaces per unit are appropriate for rental housing (Source: Planning Advisory Service, Report 432). The applicant will be providing a minimum of two parking spaces for each two -bedroom unit and 2.5 spaces for the larger units. This project is located near transit and commercial sites that will permit more people to have pedestrian and transit access to employment, shopping and leisure activities, thus reducing automobile dependence. Staff is recommending approval of the concession to reduce the required number of parking spaces for three and four bedroom units from 2.5 to 2. The development standards of the Zoning Code require a 10' rear yard setback along the west property lines. The developer's plan proposes one and two story units in this area of the development. Single story residential homes are proposed in the Season's project within five feet of this project's rear property line. Staff is concerned with the close proximity of the proposed buildings' mass and height to the small one story residences currently under construction and the potential for negative visual impacts. Therefore, Staff is recommending increasing the building setback from 10 to 20 feet to insure an adequate buffer between the single story residences and the apartments. The developer requested the City accept the dedication and long-term maintenance of the 4.16 acre greenbelt area at the north side of the site. Staff has determined that the City does not want to accept this offer because it is not identified as a potential park site within the General Plan. Therefore, the owner shall maintain the open area for water retention purposes and passive recreation. The applicant has the option to reduce the size of the park if they chose to purchase drainage credits to drain their site into the City's basin to the northwest of this site. R-IM The project density is approximately 11 units per acre. This places the medium density project into the medium high density category of the General Plan (i.e., 8-12 units/ac.). However, the bonus is being achieved by providing affordable units, which is consistent with State Law statutes. Additionally the criteria as listed in the General Plan allows a variation in residential density if findings can be made to support the development. STAFFRPT.45 7 Me . _ We The Applicant is proposing 128-units on only 60 percent of the available land area creating a very compact development. Since the proposed size of the retention basin is only required to accommodate the needs of the development, staff recommends it be reduced from four acres to a maximum of two acres. This will provide visual relief within the complex. Shifting the buildings and improvements to the north will increase the landscaping opportunity within the central core of the development. 1. Adopt Planning Commission Resolution 95- , approving of a Mitigated Negative Declaration of Environmental Impact according to the findings set forth in the attached resolution. 2. Adopt Planning Commission Resolution 95- , approving Plot Plan 95-564 to allow a 128-unit affordable apartment complex with density bonus and concession to allow two parking spaces for two bedroom units when 2.5 is required and Conditional Use Permit 95-021 to allow a reduction in gross livable area from 1,400 square feet to a minimum of 750 square feet, subject to the attached Conditions of Approval. Attachments: 1. Location Map 2. Land Use/Zoning Map 3. Environmental Documents (PC Only) STAFFRPT.45 8 PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 95-309 PREPARED FOR CONDITIONAL USE PERMIT 95-021 AND PLOT PLAN 95-564 FOR USA PROPERTIES ENVIRONMENTAL ASSESSMENT 95-309 VILLA LA QUINTA APARTMENTS WHEREAS, the Planning Commission of the City of La Quinta, California did on the loth day of October, 1995, hold a duly noticed Public Hearing to consider Conditional Use Permit 95- 021 and Plot Plan 95-564, for the Villa La Quinta Apartment; and, WHEREAS, the Planning Commission of the City of La Quinta, California did certify the Environmental Assessment; and, WHEREAS, said Conditional Use Permit and Plot Plan have complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended) (Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Initial Study EA 95-309; and, WHEREAS, the Community Development Director has determined that said Conditional Use Permit and Plot Plan will not have a significant adverse effect on the environment and that a Mitigated Negative Declaration of environmental impact should be filed; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed Conditional Use Permit and Plot Plan will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly. 2. The Conditional Use Permit and Plot Plan will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below sel sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. RESOPC.169 Planning Commission Resolution 95- 3. The proposed Conditional Use Permit and Plot Plan does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals. 4. The proposed Conditional Use Permit and Plot Plan will not result in impacts which are individually limited or cumulatively considerable that cannot be mitigated. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission for this Environmental Assessment. 2. The Conditional Use Permit and Plot Plan will not have the potential to degrade the quality of the environmental, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. The proposed Conditional Use Permit and Plot Plan does not have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. 4. The proposed Conditional Use Permit and Plot Plan will not result in impacts which are individually limited or cumulatively considerable that cannot be mitigated. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission for this Environmental Assessment. 2. That it does hereby recommend certification of Environmental Assessment 95-309 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, labeled Exhibit "A" and on file in the Community Development Department. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this loth Day of October, 1995, by the following vote, to wit: RESOM 169 Planning Commission Resolution 95- AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPC.169 PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING CONDITIONAL USE PERMIT 95-021 TO ALLOW A REDUCTION IN GROSS LIVABLE AREA FROM 1,400 SQUARE FEET TO A MINIMUM OF 750 SQUARE FEET AND PLOT PLAN 95-564 APPROVING A 128 UNIT AFFORDABLE APARTMENT COMPLEX WITH DENSITY BONUS AND CONCESSION TO ALLOW TWO PARKING SPACES FOR TWO BEDROOM UNITS WHEN 2.5 IS REQUIRED. CASE NOS. CUP 95-021 AND PP 95-564 - THE KEITH COMPANIES (FOR USA PROPERTIES FUND, INC.) WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10th day of October, 1995, hold a duly noticed Public Hearing to consider the request of The Keith Companies to develop a 128 unit residential project on +11.6 acres in the R-2 Zone on property located ±700 feet north of Calle Tampico, on the west side of Washington Street, more particularly described as: THE SOUTH ONE HALF OF THE NORTHWEST SECTION 6, T.6.S., R.7.E. (APN: 769-03-040 & 047) WHEREAS, said Conditional Use Permit request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Director has proposed a Mitigated Negative Declaration for the project to mitigate any impact the project may have on the area; and, WHEREAS, upon hearing and considering all testimony and arguments, if any of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify approval of said Conditional Use Permit and Plot Plan 95-564. 1. General Plan Compatibility - The proposed apartment complex is consistent with the goals and policies of the La Quinta General Plan. The project is located in a Medium Density Residential area that permits 4-8 dwelling units per acre. Medium density sites shall be near transit facilities, open space areas, and arterial roadways. General Plan Policy 2-1.1.9 lists the criteria for varying residential uses to allow apartments in the Medium Density Residential Land designation. Findings for the criteria can be made . 2. Zoning Code Consistency - The site is zoned R-2 (Multiple Family Dwellings) which permits single and multiple family developments. One and two-story developments are permitted and the maximum building height is 28-feet. The Zoning Code provides that other development standards shall be met besides height restrictions, etc. The Commission can, if they propose affordable units, reduce the unit sizes permitted in the Zoning Code to less resopc.137 Planning Commission Resolution 95-_ than 1,400 sq. ft. if the project is either for affordable or senior residents. They plan this project to be affordable, therefore, the Commission can reduce the unit sizes as requested in this application because it will help meet our regional fair -share housing needs as outlined above. In this request, the developer is proposing units that range in size from 750 to 1,200 square feet. The sizes of the units are consistent with normal apartment complex building standards, as designed. The developer is asking the Commission to allow them to have 2.15 parking spaces per unit that is lower than required by the Off -Street Parking Code. Government Code Section 65915 provides that City's can grant deviations from their parking provisions if they propose affordable units. The Commission can approve the request because normally apartment complexes require, at a minimum, two spaces per unit for on -site parking needs. This project, as designed, is consistent with national standards for on -site parking needs. Therefore, the Commission finds the applicant's request to meet Section 65915 statutes. 3. Health, Safety and Welfare - Urban improvements are available at this site. They include streets, electric, sewer and other necessary facilities to support this project. The developer will be required to extend this facilities to their on -site units during construction. We will not accept septic facilities for on -site sewers. All work shall be meet Federal, State and local code provisions during construction. All facilities will conform to these standards, therefore, health and safety policies are insured. They will not impact the welfare of the community as stated herein. 4. Environmental Assessment - An environmental assessment has been prepared based on the provisions of the California Environmental Quality Act statutes. This assessment has determined that additional environmental studies will be necessary before any on -site work. These studies are identified in EA 95-309, and are made Conditions of Approval that the developer must fulfil to proceed with the project. Approval of this proposal will not result in a significant adverse impact on the environment clue to mitigation measures contained in the proposed Negative Declaration. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the finds of the Commission in this case. 2. That it does hereby adopt the Mitigated Negative Declaration pursuant to the attached Environmental Assessment. That it does hereby approve Conditional Use Permit 95-021 and Plot Plan 95-564 with conditions as set forth in this Resolution, labeled Exhibits "A" and `B", attached hereto. resope.137 Planning Commission Resolution 95- PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this loth day of October, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JACQUES ABELS, Chairman City of La Quinta, California ATTEST: JERRY BERMAN, Community Development Director City of La Quinta, California Resopa137 PLANNING COMMISSION RESOLUTION 95- CONDITIONS OF APPROVAL - RECOMMENDED PLOT PLAN 95-564 - THE KEITH COMPANIES OCTOBER 10, 1995 EXHIBIT "B" 1. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside Country Recorder for recordation against the properties to which they apply. 2. Plot Plan 95-564 shall comply with the requirements and standards of the La Quinta Municipal Code unless otherwise modified by the following conditions. 3. This approval shall expire and become void on October 10, 1996 unless extended pursuant to the City's Municipal Zoning Code. 4. Development 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 issuance of first grading or building permit, whichever comes first. 5. 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 - Coachella Valley Water District - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) - Sunline Transit The Applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approvals and signatures on the plans. Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. CONAPRVL.340 1 Conditions of Approval - RECOMMENDED Plot Plan 95-564 October 10, 1995 6. As required by the General Plan, Applicant shall provide noise study by a qualified acoustical engineer prior to issuance of building permit, to determine impacts to the future residents from roadway noise from Washington Street and the future commercial projects to the south surrounding residential zones and uses. The noise study shall suggest mitigation measures which the City can require concerning the development of the site. 7. The developer shall retain a qualified archaeologist (with the Developer to pay costs), to prepare a mitigation and monitoring plan for artifact location and recovery. Prior to archaeological studies for this site as well as other unrecorded information, shall be analyzed prior to the preparation of the plan. The Community Development Director shall approve the individual or firm retained to prepare the work prior to any on -site activities. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: 1) identify the means for digging test pits; 2) allow sharing the information with the CVAS; and 3) provide for further testing if the preliminary result show significant materials are present. The final plan shall be submitted to the Community Development Department for final review and approval. Prior to the issuance of a grading permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. A list of the qualified archaeological monitor(s), cultural resources management firm employees, and any assistant(s)/representative(s), shall be submitted to the Community Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail on the Community Development Department. The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby areas reasonably 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 analysis to be prepared and published and submitted to the Community Development Department. CONAPRVL.340 2 Conditions of Approval - RECOMMENDED Plot Plan 95-564 October 10, 1995 8. Final landscaping plans shall include approval stamps and signatures from the Riverside County Agricultural Commissioners office and Coachella Valley Water District. 9. Prior to issuance of a grading permit, the Applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval which must be satisfied prior to issuance of a building permit. Prior to a final building inspection approval, the Applicant shall prepare and submit a written report demonstrating compliance with all remaining conditions of approval and mitigation measures. The Community Development Director may require inspection or other monitoring to assure such compliance. 10. Water mains shall be capable of providing a potential fire flow of 2500 gpm and the actual fire flow available from any one hydrant shall be 1500 gpm for 2 hours duration at 20 psi residual operating pressure. 11. A combination of on -site and off -site Super fire hydrants, on a looped system (6" x 4" x 2-1/2") will be located not less than 25' or more than 165' from any portion of the buildings as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants in the system. 12. Prior to the issuance of a building permit, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with he requirements prescribed by the Riverside County Fire Department". 13. Install portable fire extinguishers per NFPA, Pamphlet # 10, but not less than 2A 10BC in rating. Contact certified extinguisher company for proper placement of equipment. 14. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a Knox Box over -ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 16' with a minimum vertical clearance of 15'. 15. Directory display boards will be required adjacent to each roadway access to the CONAPRVL.340 3 Conditions of Approval - RECOMMENDED Plot Plan 95-564 October 10, 1995 development. These shall be illuminated diagrammatic representation of the actual layout which shows name of complex, all streets, building designator's, unit numbers and fire hydrant locations within the complex. These directories shall be a minimum 4' x 4' in dimension. Addressing of buildings and units shall conform to the Riverside County Addressing Policy. Additional information and details may be obtained by contacting the Fire Department Planning Staff. 16. Site and off -site improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans shall have signature blocks for the City Engineer and are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. If water and sewer plans are included on the street and drainage plans, the plans shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 17. 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. IUD' :_ � � ► � � _ �� ►i�11 18. The applicant shall construct, or enter into a secured 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 building permits are issued. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. CONAPRVL.340 4 Conditions of Approval - RECOMMENDED Plot Plan 95-564 October 10, 1995 19. If on -site development is phased, off -site improvements (ie: streets) and development -wide improvements (ie: perimeter walls, common -area and setback landscaping, and gates) shall be constructed or secured prior to issuance of building permits within the first phase unless otherwise approved by the City Engineer. The City Engineer may consider proposals by the applicant to stage the installation of off - site and development -wide improvements with construction of two or more phases of the development. 20. The applicant shall pay cash or provide security in guarantee of cash payment for required improvements which are deferred for future construction by others. Deferred improvements for this project include 50% of the cost to design and construct a traffic signal on Washington Street at the entry drive and 100 % of the cost to design and construct landscaping in the Washington Street median island. The applicant's responsibility for deferred improvements may be satisfied through participation in a City major thoroughfare improvement program if this development becomes subject to such a program. 21. The applicant shall grant utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 22. The applicant shall create a common -area setback 20' in width adjacent to and along the full length of the Washington Street right of way. The 20' width may be used as an average width for a meandering wall design. The applicant shall grant blanket easements over the setbacks for public sidewalks. 23. The applicant shall vacate vehicle access rights to Washington Street from lots abutting the street. Access to this street shall be restricted to street intersections and approved emergency access locations. 24. The applicant shall grant any easements necessary for placement of and access to utility lines and structures, parklands, drainage basins, common areas, setbacks, and mailbox clusters. 26. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, La Quinta Municipal Code. In accordance with said Chapter, the Applicant shall CONAPRVL.340 Conditions of Approval - RECOMMENDED Plot Plan 95-564 October 10, 1995 furnish security, in a form acceptable to the city; in an amount sufficient to guarantee compliance with the provisions of the permit. 27. A thorough preliminary engineering, geological and soils engineering investigation shall be conducted. The report of the investigation ("the soils report") shall be submitted with the grading plan. 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 building or site construction permits. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the project, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. 29. The landscape setback along Washington Street shall, be maintained at or near street grade. 30. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the project through a designated overflow outlet and into the historic drainage relief route. The development shall be graded to receive storm flow from adjoining property at locations that have historically received flow. 31. Storm water runoff produced in 24 hours during a 100-year storm shall be retained in on - site retention or detention facilities unless the developer participates in off -site facilities sized to accommodate runoff from this development. The tributary drainage area for which the applicant is responsible shall extend to the centerline of adjacent public streets. 32. In design of on -site retention or detention facilities, the percolation rate shall be considered to be zero unless site -specific data indicates otherwise. The applicant shall provide piped evacuation of accumulated storm and nuisance water to an approved off -site storm water conveyance facility. 33. The design of the development shall not cause any change in flood boundaries, levels or frequencies in any area outside the development. CONAPRVL.340 Conditions of Approval - RECOMMENDED Plot Plan 95-564 October 10, 1995 34. All existing and proposed utilities adjacent to or within the proposed development shall be installed underground. High -voltage power lines which the power authority will not accept underground are exempt from this requirement. 35. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. 36. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to issuance of the first permit (building or site improvement) for this project, the development shall be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall design and construct street improvements as listed below. 37. Improvement plans for all on- and off -site streets and access gates shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard Drawings, and as approved by the City Engineer. Street pavement sections shall be based on a Caltrans design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading. The minimum pavement sections shall be as follows: Residential 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 38. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians if required, street name signs, sidewalks, and mailbox clusters approved in design and location by the U.S. Post Office and the City Engineer. Mid -block street lighting is not required. CONAPRVL.340 Conditions of Approval - RECOMMENDED Plot Plan 95-564 October 10, 1995 39. The City Engineer may require miscellaneous incidental improvements and enhancements to existing improvements as necessary to integrate the new work with existing improvements and provide a finished product conforming with City standards and practices. This may include, but is not limited to, street width transitions extending beyond development boundaries. 40. The following street improvements shall be constructed to conform with the General Plan street type noted in parentheses: OFF -SITE STREETS Washington Street - Major Arterial (96' curb to curb). Complete street improvements on the west side, fully landscape the existing median island, and install meandering sidewalk. ON -SITE STREETS Private Residential - On -site vehicle travel and parking improvements shall comply with the City's on -site parking regulations. 41. Access points and turning movements of traffic shall be restricted as follows: Single full -turn access at the signalized intersection of Washington Street with the access drive to be shared with development to the south. 42. The applicant shall provide landscape improvements in the setback lots along Washington Street and in the retention area. Use of lawn shall be minimized near Washington Street with no lawn or spray irrigation within 5-feet of street curb. 43. Landscape and irrigation plans for the Washington Street median island, landscaped lots, retention/detention basins and park facilities shall be prepared by a licensed landscape architect. The plans shall be submitted before a building permit is issued. Landscape and irrigation plans shall meet the requirements of and be signed by the Planning Director, the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 44. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. CONAPRVL.340 8 Conditions of Approval - RECOMMENDED Plot Plan 95-564 October 10, 1995 45. The applicant shall construct perimeter wall enclosing the entire development including retention area unless otherwise approved by the Planning Committee. 46. 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. 47. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings", "As -Built", or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. 48. The applicant shall make provisions for continued maintenance of on -site improvements and of landscaped areas such as common lots, landscaped setbacks and retention/detention basins. The applicant shall maintain off -site public improvements until final acceptance of the improvements by the City. 49. The applicant shall pay all deposits and fees required by the city for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. 50. All mitigation measures of Environmental Assessment 95-309 shall be met. 51. An on -site field study shall be conducted by a qualified horticulturist to determine if the California Ditaxis plant species exists on the property. A written summary of the field study shall be submitted to staff prior to any on -site grading. The work shall be paid for by the applicant or developer. 52. The City's Water Conservation Ordinance (Ordinance 220) for landscaping shall be met. CONAPRVL.340 Conditions of Approval - RECOMMENDED Plot Plan 95-564 October 10, 1995 53. The appropriate Planning approval shall be secured prior to establishing any of the following uses: a. Temporary construction facilities. b. Sales facilities, including their appurtenant signage. C. On -site advertising/construction signs. 54. The maximum number of units for the project shall be 128. The units shall be rented to very low or low income families as required by Government Code Section 65915. The units shall be guaranteed to remain affordable for a minimum of 55 years pursuant to contractual arrangements reviewed and approved by either the La Quinta Redevelopment Agency or City Council, prior to issuance of a building permit. 55. Internally illuminated or externally illuminated mounted building numbers shall be no less than three inches in height and be of a color contrasting to the background in a prominent location. The illumination source for the address sign shall be controlled by a photocell sensor or a timer. 56. A centralized or gang -box mailbox delivery system shall be used for the project pursuant to the provisions and requirements of the U.S. Postal Service. 57. Height of fences and walls constructed as acoustical barriers shall be subject to the approval of Community Development Director. All other fences or walls shall be limited to six feet in height unless they are attached to a main building and are an architectural design element, in which case they may exceed six feet subject to approval of the Planning Director. 58. The clubhouse, swimming pool and spa shall be handicap accessible and meet all the requirements of the Building and Safety Department and the State of California. All recreation facilities defined on the site plan and shall be built and constructed prior to any release of occupancy of first units. The swimming pool and spa shall be enclosed by a minimum five foot high wrought iron fence. Restroom facilities shall be accessible to project maintenance workers. 59. All fencing within the project shall be decorative. No chain link, agricultural fencing or wood fencing will be allowed. Design, material, color, etc., of fences and walls shall be approved by the Community Development Department prior to issuance of permit for said improvements. CONAPRVL.340 10 Conditions of Approval - RECOMMENDED Plot Plan 95-564 October 10, 1995 60. The applicant shall be required to enter into a reciprocal access agreement with the owner(s) of the property to the south via the private driveway on Washington Street. The applicant shall furnish proof of the execution and recordation of this agreement prior to issuance of building or construction permits for this project. 61. Prior to completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay all costs of the reapportionment. 62. All lower floor units must be "adaptable" for disabled individuals per Chapter 31A California State Building Code. 63. A total of seven disability parking spaces shall be provided (three assigned spaces and four visitors) pursuant to California Building Code Section 3103A. 64. All ground level areas of the site shall be accessible to the physically challenged. 65. Common areas shall be provided with walkway pedestrian lighting, with lighting fixtures in compliance with lighting requirements. Plans shall be approved by City prior to issuance of first permit. 66. Emergency access into shopping center shall be constructed as part of first phase of project per requirements of City Fire Marshal. Fence shall be constructed of solid, opaque material approved by Community Development Department prior to fabrication. 67. The rear yard building setback, adjacent to the west property line, shall be increased to a minimum of 20 feet. Buildings 11 and 12 shall be relocated accordingly. 68. The parkland/retention basin shall be reduced in size from 4.16 acres to 2 acres. The buildings and improvements shall be shifted to the north to create a less congested central core. The design of the revised plot plan shall be subject to the approval by the Community Development Director. CONAPRVL.340 11 CUP 95-021 and PP 95-564 ATTACHMENTS Attachment 1 2 5 - 2 9 „ 1 t,, 1 1 1 MJiIQA��1"�33 1.Y►N }�?�rllla iiS� I j:1ibV�t1'ic iOf�lf�' `i 1t t>i nGi A�ii ' 1 I itl?Hi� &:1G+ other Z`Q(iH•• � r i1tT1;U;Yle1t! I!O 1 tiiOVFi� to ih7 COtftiOt. i�'.R ' . �fttiklt'y 1 tA: IS i. }2 t�'t fQ1�3!lf.d tiiOf Xi • 1 t�f3011,4}r10' 'tA.KB(Y.Y:11 t^4��;i%1•t� TITLE t 1 1 1 i � i 1 � 1 40 1 1 vl � M m i N O R•l ®-I � N m I Project Site ; a Z19 N I O m N t • b 7 � 6 � r 021 ccLa Quinta Village 720-01660.21 Shopping Center 41 m 1.25 AC.ML. 72.8 to r- -� co-- - ------------------------------ 1g 6vI N 5 0 al 122.56 Calle Tampico 0 14 Cn ce 0 0 Parcel Map 19730 Location Map P a r c e l Map 2 7 1 0 9 reb. 1967 REV.Oci 1994 1" - 2001 ►i Attachment 2 \ Seasons Single Family Homes *+tool. *ITU • 4:IfOD� 9p11, 14WN4i , Season's Plaza Tampico Senior Av g yy lam.-y u QwMza Fx4jeor Project Site 41 I i La Quinta Village Shop ri Center i I J i L_J Attachment 3 INITIAL STUDY - ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 95-309 Conditional Use Permit 95-021 Plot Plan 95-564 Applicant: USA Properties Fund The Keith Companies 2200 - B Douglas Blvd., Ste. 150 Roseville, California Prepared by: Leslie J. Mouriquand, Associate Planner City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92253 September 18, 1995 z TABLE OF CONTENTS Section Page 1 INTRODUCTION 3 1.1 Project Overview 3 1.2 Purpose of Initial Study 3 1.3 Background of Environmental Review 3 1.4 Summary of Preliminary Environmental Review 4 2 PROJECT DESCRIPTION 4 2.1 Project Location and Environmental Setting 4 2.2 Physical Characteristics 4 2.3 Operational Characteristics 4 2.4 Objectives 4 2.5 Discretionary Actions 4 2.6 Related Projects 5 3 ENVIRONMENTAL ANALYSIS 5 3.1 Land Use and Planning 5 3.2 Population and Housing 6 3.3 Earth Resources 8 3.4 Water 10 3.5 Air Quality 12 3.6 Transportation/Circulation 15 3.7 Biological Resources 16 3.8 Energy and Mineral Resources 18 3.9 Risk of Upset/Human Health 18 3.10 Noise 19 3.11 Public Services 20 3.12 Utilities 22 3.13 Aesthetics 24 3.14 Cultural Resources 24 3.15 Recreation 26 4 MANDATORY FINDINGS OF SIGNIFICANCE 27 5 EARLIER ANALYSES 27 SECTION 1: INTRODUCTION 1.1 PROJECT OVERVIEW The purpose of this Initial Study is to identify the potential environmental impacts of proposed Conditional Use Permit 95-021 and Plot Plan 95-564 to develop 11.6 acres with a 128-unit apartment complex located west of Washington Street and 700-feet north of Calle Tampico, in the City of La Quinta. The project site is currently vacant land that historically had been under agriculture in the past. The property is also located in a depression that was the historical Marshal Lake. The City of La Quinta is the Lead Agency for the project review, as defined by Section 21067 of the California Environmental Quality Act (CEQA). A Lead Agency is the public agency which has the principal responsibility for the carrying out or approving a project which may have a significant effect upon the environment. The City of La Quinta, as the Lead Agency, has the authority to oversee the environmental review and to approve the land use designations. 1.2 PURPOSE OF INITIAL STUDY As part of the environmental review for the proposed land use designations, the City of La Quinta Community Development Department Environmental Officer has prepared this Initial Study and Addendum. This document provides a basis for determining the nature and scope of the subsequent environmental review for the proposed acquisition and development of the land. The purposes of the Initial Study, as stated in Section 15063 of the CEQA Guidelines, include the following: • To provide the Agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or a Negative Declaration of Environmental Impact for the Conditional Use Permit and Plot Plan; • To enable the applicant or the City of La Quinta to modify the project, mitigating adverse acts before an EIR is prepared, thereby enabling the project to qualify for a Declaration of Environmental Impact; • To assist the preparation of an EIR, should one be required, by focusing the analysis on those issues that will be adversely impacted by the proposed project; • To facilitate environmental review early in the design of the project; • To provide documentation for the findings in a Negative Declaration that the project will not have a significant effect on the environment; • To eliminate unnecessary EIR's; and, • To determine whether a previously prepared EIR could be used with the project. 1.3 BACKGROUND OF ENVIRONMENTAL. REVIEW The proposed Conditional Use Permit and Plot Plan review was deemed subject to the environmental review requirements of CEQA in light of the proposed development of the property with an apartment complex. The Environmental Officer for the Community Development Department prepared this Initial Study and Addendum for review and certification by the Planning Commission and City Council for the City of La Quinta. 4 1.4 SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT This Initial Study indicates that there is a potential for adverse environmental impacts on some of the issue areas contained in the Environmental Checklist (seismic ground shaking, drainage, vehicle trips, biological resources, schools, light & glare, paleontological resources, archaeological resources, recreation facilities). Mitigation measures have been recommended for the project which will reduce potential impacts to insignificant levels. As a result, a Negative Declaration of Environmental Impact will be recommended for this project. An EIR will not be necessary. SECTION 2: PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING The City of La Quinta is a 31.18 square mile municipality located in the southwestern portion of the Coachella Valley. The City is bounded on the west by the City of Indian Wells, on the east by the City of Indio and Riverside County, on the north by Riverside County, and federal and state lands to the south. The City of La Quinta was incorporated in 1982. 2.2 PHYSICAL CHARACTERISTICS The proposed Conditional Use Permit and Plot Plan will effect a total of 11.6 acres of vacant residentially zoned land. The proposed apartment development is proposed by USA Properties Fund Corporation, a private entity. The applicant is requesting approval of a 128-unit apartment complex of 2,3, and 4 bedroom units. Outdoor recreation and open space is planned for 4.16 acres of the site. It appears that the property may have been rough graded in the recent past. The property is within the historical location of Marshall's Lake. 2.3 OPERATIONAL CHARACTERISTICS The proposed apartment complex will feature 14 two-stori buildings and 4 one-story buildings with 4 to 8 units per building. A retention basin will serve to provide open space and a recreation area for the residents. The developer is requesting that all of the units be reserved for very low and low income tenants. An interior roadway will be private, with project access taken from Washington Street. A swimming pool will be provided as will a recreation building that will also house a laundry and the manager's office. Each unit will have a carport space and one open parking space. 2.4 OBJECTIVES The objectives of the proposed apartment complex are to develop rental units for profit by the owner or developer, and to provide a needed housing type in the City of La Quinta. 2.5 DISCRETIONARY ACTIONS A discretionary action is an action taken by a government agency (for this project, the government agency is the City of La Quinta) that calls for the exercise of judgment in deciding whether to approve a project. The proposed development will require discretionary approval from the Planning Commission and City Council. The following discretionary approvals will be required for this project: • Certification of the environmental review process and determination for the project; • Approval of Conditional Use Permit 95-021 and Plot Plan 95-564; 2.6 RELATED PROJECTS There are no current related projects pending on this site, however, there have been other development projects approved for this property in the recent past. SECTION 3: ENVIRONMENTAL ASSESSMENT This section analyzes the potential environmental impacts associated with the proposed development. CEQA issue areas are evaluated in this addendum as contained in the Initial Study Checklist. Under each checklist item, the environmental setting is discussed, including a description of conditions as they presently exist within the City and the areas affected by the proposed project. Thresholds for significance are defined either by standards adopted by responsible or trustee agencies or by referring to criteria in CEQA -Appendix G. 3.1 LAND USE AND PLANNING Regional Environmental Setting The City of La Quinta is located in the Coachella Valley, in the eastern portion of Riverside County, California. The valley is abundant with both plant and animal life. Topographical relief ranges from 237 feet below mean sea level (msl) to about 2,000 feet above msl. The valley is surrounded by the San Jacinto Mountains, the Santa Rosa Mountains, the Orocopia Mountains, and the San Bernardino Mountain range. The San Andreas fault transacts the northeastern edge of the valley. Local Environmental Setting The proposed apartment project site is located northwest of the intersection of Washington Street and Calle Tampico, adjacent to a neighborhood shopping center. The land is vacant, on a gently sloping alluvial fan with sparse vegetation. A. Would the project conflict with the general plan designation or zoning? No Impact. The project site is currently zoned R-2 (Multi -Family). The General Plan land use designation is MDR. (Medium Density Residential) which permits densities of 4 to 8 dwelling units per acre. The applicant is requesting an additional density allowance for architectural design enhancements and the provision of very low and low income housing units. The proposed project is a mufti -family apartment complex with medum-high density. Medium High Density Residential (MHDR) uses are allowed to locate in areas designated on the Land Use Policy Diagram as VLDR, LDR, and MDR uses providing certain conditions stated in Policy 2-1.1.9 of the La Quinta General Plan are met. The proposed project meets these conditions. Adjacent land uses consist of an existing golf course to the north, the La Quinta Village Shopping Center to the south, single family homes and vacant to the east, and single family homes under construction to the west. The project is bounded on the east side by Washington N. Street, a major arterial with a 120-foot right-of-way. (Source: La Quinta General Plan; Proposed Site Plan) B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? No Impact. The City of La Quinta has jurisdiction over this project. The primary environmental plans and policies related to development are identified in the La Quinta General Plan, the General Plan EIR, the La Quinta Master Environmental Assessment, and the City's CEQA Guidelines. C. Would the project affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? No Impact. The La Quinta General Plan does not contain an agricultural land use designation although there are agricultural land uses extant in the south and southeast portion of the City. Historically, there has been some farming activity in the northcentral section of the City. The property involved in this project does not appear to have been farmed. There are no visible agricultural wells or outbuildings that would indicate farming activity. Thus, no impact on agricultural resources or operations will result from the proposed project. (Sources: La Quinta General Plan; Site Survey) D. Would the project disrupt or divide the physical arrangement of an established community (including a low-income minority community)? No Impact. The project site will be developed with apartment buildings to be rented to qualified very low and low income residents. The proposed development will not disrupt or divide the community as it will be entirely contained on one parcel of land. (Sources: La Quinta General Plan; Site Survey; Proposed Site Plan) 3.2 POPULATION AND HOUSING Regional Environmental Setting Between 1980 and 1990, the population of La Quinta expanded 125%, as reported by the U.S. Census, making La Quinta the fastest growing city in the Coachella Valley. The number of city residents blossomed from 4,992 to 11,215. La Quinta's share of the entire valley population increased fro, 3.7% in 1980, to 5.1% in 1990. These figures are based upon information provided by the U.S. Census Bureau, the State Department of Finance, and the Coachella Valley Association of Governments (CVAG). The City's population as of January 1995, is estimated by the State Department of Finance, to be 17,591 persons. This is an increase of 208% in the last ten years. In addition to permanent residents, the City has approximately 8,000 seasonal residents who spend three to six months out of the year in La Quinta. It is estimated that 30% of all housing units in the City are used by seasonal residents. The housing stock as of 1993 is listed at 7,755 single family units, 481 multi -family units, and 247 mobile homes (total of 8,483 units). Ethnicity information from the 1980 Census for that area that is now the City of La Quinta revealed that 80.8% of the resident population as caucasian, 14.7% as Hispanic, 2.3% as Afro-American, 1.1 % as Asian, and .5% as Native American. The results of the 1990 census how a mix of 70% Caucasian, 26% Hispanic, 1.6% Afro-American, 1.5% as Asian, and 1.0% as Native American. Available information of employment of La Quinta residents is from the 1980 Census. At that time, almost 57% of the City's work force worked at white collar jobs, while 43% were in blue collar occupations. Among those in white collar jobs, 16.4% were professionalitechnical positions, 13.3% were in managerial positions, 14.0% were in clerical positions, and 13.0% were in sales. For blue collar workers, 15.6% were in crafts, 4.1% were machine operators, assemblers, and inspectors, 14.2% were in service jobs, 3.8% were laborers, and 5.6% did farm work. Major employers in La Quinta include the La Quinta Hotel and Resort, PGA West, Von's Simon Motors, Rancho La Quinta, City of La Quinta, WalMart, Albertson's, Von's, and Ralph's. For planning purposes, the Southern California Association of Governments has projected employment, housing, and population for cities that make up the SCAG region. A key objective of SCAG's Growth Management Plan is to achieve jobs/housing balance within each subregion that makes up the larger SCAG planning area. The ideal jobs/housing balance ratio, according to SCAG, is 1.27 jobs for every housing unit in 1984, and 1.22 in the year 2010. Jobs -rich (housing -poor) regions have rations greater than the regional average while housing - rich regional have ratios less than the regional average. Local Environmental Setting The project site is 11.6 acres. There are no housing units on the parcel, and there are no records that there ever were any structures on the property. A. Would the project cumulatively exceed official regional or local population projections? Less Then Significant Impact. The proposed apartment complex is projected to house a population of 512 persons as projected by the Riverside County Sheriffs Department in their comment letter dated September 21, 1995. The City calculates the population at 2.85 x 128 units for a total of 364 people. The apartments will most likely house new residents to the City, thereby, increasing the total population. The addition of multi -family housing has been planned for in the General Plan and is included in the City build -out projections. Thus, there is no significant impact on population resulting from this proposed development. B. Would the project induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Less Than Significant Impact. The proposed apartment project will not significantly impact the area with respect to infrastructure, as the surrounding area has already been developed to a large extent. All utilities are available to the parcel, however, they will have to be brought on - site to service the apartments. C. Would the project displace existing housing, especially affordable housing? No Impact. No existing residential units are located on the project site. The proposed developed plan is to construct 128 apartments within 18 separate buildings, some one-story and some two-story. The proposed project would not result in the displacement or removal of any housing units as there are none on the site. (Source: Site Survey) 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quinta is located within the Coachella Valley, a seismically active region of Southern California. Several faults transect the valley, such as the San Andreas fault located several miles to the north of the City of La Quinta. The Coachella Valley was formed through uplift and erosional sedimentation geologic processes. Due to the dry climate, the valley is a desert. The City of La Quinta has a varied topography, including relatively flat areas, gently sloping areas, and steep alluvial fan areas. The City has elevations of 1,400 feet above msl in the southeastern section. Slopes on the valley area of the City are gentle, except in the rolling sand dune areas. The alluvial soils that make up most of the City are underlain by igneous - metamorphic rock, as seen in outcrops in the Santa Rosa Mountains and the Coral Reef Mountains. Soils on the valley floor are made up of very fine grain unconsolidated silty sands in most areas. Local Environmental Setting The area where the parcel is located is near the center of the City of La Quinta, on a slightly depressed area that was within the historical Marshall Lake. The lake has been dry for many years. The elevation of the parcel is approximately 30 to 40 feet above msl. There is are two inferred fault lines in the vicinity of the project site. One is located approximately 1.25 miles east of the project site and the other is approximately 1.75 miles south. There has been no recorded fault activity from these faults, thus there is a low probability for such activity. The project lies within Groundshaking Zone Ill. (Source: Riverside County Comprehensive General Plan; La Quinta General Plan; La Quinta Master Environmental Assessment) A. Would the project result in or expose people to impacts involving seismicity: fault rupture? Less Than Significant Impact. There are two inferred faults within a mile radius of the project site. These faults are considered potentially active, although no activity has been recorded for the last 10,000 years. A strong earthquake along either fault would be capable of generating seismic hazards and strong groundshaking effects in the area. None of the inferred faults in La Quinta have been placed in an Alquist-Priolo Special Studies Zone. All apartment buildings shall be constructed to current UBC seismic standards in order to mitigate this risk to the extent feasible. (Source: Riverside County Comprehensive General Plan; City of La Quinta General Plan; La Quinta Master Environmental Assessment) B. Would the project result in or expose people to potential impacts involving seismic ground shaking? Potentially Significant Unless Mitigated. The proposed apartment complex will be subject to groundshaking hazards from regional and local earthquake events. The project will bring people to the site who will be subject to these hazards. The Riverside County Comprehensive General Plan indicates -that the parcel is within Groundshaking Zone III. Any units constructed will be required to meet current seismic standards to reduce, or mitigate, to the extent feasible the risk of structural collapse. C. Would the project result in or expose people to potential impacts involving seismicity: ground failure or liquefaction? Less Than Significant Impact. The proposed project site is not anticipated to be subject to ground failure hazards from earthquake events. The La Quinta General Plan indicates that the project site is not within a recognized liquefaction hazard area. The majority of the City has a very low liquefaction susceptibility due to the fact that ground water levels are generally at least 100 feet below the ground surface. (Source: La Quinta MEA; Riverside County Comprehensive General Plan) D. Would the project result in or expose people to potential impacts involving seismicity: seiche or tsunami or volcanic hazard? No Impact. The City is located inland from the Pacific Ocean and would not be subjected to s tsunami. Lake Cahuilla, a man-made reservoir located in the southeast portion of the City, might experience some increased wave activity as a result of an earthquake and groundshaking. However, the lake is not anticipated to affect the City in the event of a levee failure or seiche because it is several miles southeast of the project site. E. Would the project result in or expose people to potential impacts involving landslides or mudslides? No Impact. The terrain within the project is relatively flat and may have been rough graded in the recent past. The parcel is approximately 1.25 miles from the Santa Rosa hillsides, and would not be impacted by any landslides or mudslides, not would the project cause slides to occur. The site is protected by the Coachella Valley Stormwater Channel and by a proposed on -site retention basin to be constructed as part of the project. (Source: Site Survey: Proposed Site Plan) F. Would the project result in or expose people to potential impacts involving erosion, changes in topography or unstable soil conditions from excavation, grading or fill? Less than Significant Impact. The soils on the site consist of Indio Sandy Loam. Geotechnical studies performed in the area show that the site is underlain by alluvial deposits of Pleistocene age. The soil on the project site is identified as Indio very fine sandy loam (Is). This soil type is commonly found on alluvial fans and dune area. The Is soil hosts creosotebush, mesquite, and bush sunflower vegetation..A few freshwater shells are found in this soil. The soil is used for truck crops and is considered prime agricultural soil. The Is soil is calcareous and moderately alkaline. Historically, the water table was from 3 to 5 feet, or more, below the ground surface of the Is soil type. The Is soil type is classified as hyperthermic Typic Torrifluvents. (Source: U.S.D.A. Soil Conservation /service Soil Survey of Riverside County, California- Coachella Valley Area) The proposed project will require grading and trenching activities during the construction of the apartments and roadways. A grading plan will be required to be reviewed and approved by the Public Works Department. Compliance with approved grading plans and geotechnical studies for the project will ensure structural integrity of development on the site. Such compliance will be a condition of approval for the proposed project. G. Would the project result in or expose people to potential impacts involving subsidence of the land? Less Than Significant Impact. The project site is not within an identified subsidence hazard area. Dynamic settlement result in geologically seismic areas where poorly consolidated soils mix with perched groundwater causing dramatic decreases in the elevation of the ground. The 01 site is not located within that area that has been identified as having this potential hazard. (Source; La Quinta MEA) H. Would the project result in or expose people to potential impacts involving expansive soils? Less Than Significant Impact. The underlying soils on the parcel have a low potential for expansion, thus the proposed construction of the apartment complex is not expected to be subject to problems from soil expansion. The City requires compliance with the Uniform Building Code and the recommendations of a soils investigation report prior to approval of building and grading permits. (Sources: USDA Report and General Soils Map for the Coachella Valley) I. Would the project result in or expose people to ipotential impacts involving unique geologic features? Less Than Significant impact. The coral Reef Mountains and the Santa Rosa Mountains represent unique geologic features in the La Quinta area. These unique features are not located in or near the project site and will not be affected by the proposed project. (Sources: USGS La Quinta Quadrangle; Site Survey) 3.4 WATER Regional Environmental Setting Groundwater resources in the La Quinta area consist of a system of large aquifers (porous layers of rock material) and groundwater basins separated by bedrock or layers of soil that trap or retain groundwater. La Quinta is located above the Coachella Valley Groundwater Basin which is the major supply of water for the potable water needs of the City as well as a significant supply for the City's nonpotable irrigation needs. Water is pumped from the underground aquifer via domestic water wells in the City operated and administered by the Coachella Valley Water District (CVWD). La Quinta is located primarily in the lower Thermal Subarea of the groundwater basin. The Thermal Subarea is separated into the upper and lower galley sub -basins near Point Happy, located southwest of the intersection of Washington Street and State Highway 111. CVWD estimates that approximately 19.4 million acre feet of water is stored within the Thermal Subarea which is available for use. Water pumped from the aquifer is treated and distributed to users through the existing water distribution system. Water is also pumped for irrigation purposes to water golf courses and the remaining agricultural uses in the City. Water supplies are augmented with surface water from the Colorado River transported via the Coachella Canal. The quality of water in the La Quinta area is highly suitable for domestic purposes. However, chemicals associated with agricultural production in nearby areas and the use of septic tanks in the Cove area affect groundwater quality in the area. Groundwater is of marginal to poor quality at depths of less than 200 feet. Below 200 feet, water quality is generally good and water depths of 400 to 600 feet is considered excellent for water quality. Percolation from the tributaries of the Whitewater River flowing into La Quinta from the Santa Rosa Mountains provide a natural source of groundwater replenishment. Artificial recharging of groundwater will be a requirement in the near future. Surface water in La Quinta is comprised of Colorado River water supplied via the Coachella Canal and stored in Lake Cahuilla; lakes in private developments which are comprised of canal water and/or untreated groundwater; and the Whitewater River and its tributaries. The watersheds in La Quinta are subject to intense storms of short duration which result in substantial runoff. The steep gradient of the Santa Rosa Mountains accelerates the runoff flowing in the intermittent streams that drain the mountain watersheds. One of the primary sources of surface water pollution is erosion and sedimentation from development construction and operation activities. Without controls total dissolved solids (TDS) can increase significantly from the development activities. The Clean Water Act requires all communities to conform to standards regulating the quality of water discharged into streams, including stormwater runoff. The National Pollutant Discharge Elimination System (NPDES) has been implemented as a two-part permitting process, for which the City of La Quinta is participating in completing permitting requirements. Local Environmental Setting The project site does not have any natural standing water. Historically, there was a freshwater lake that included the project site. Lake Cahuilla, a man-made reservoir is located to the southeast. The Whitewater River Channel is located 2.5 miles to the north of the project site, but is dry except during seasonal storms. The City has limited areas which are subject to storm water flow or flooding. Flood prone areas within the City are designated with a specific zoning district (Watercourse, Watershed, and Conservation Areas: W 1). The intent of the zoning district is to allow minor development in flood prone areas based upon the submittal of a drainage and stormwater control plan. The City also implements flood hazard regulations for development within flood prone areas. A. Would the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Potentially Significant Unless Mitigated. With the development of 128 apartments, roadways, parking areas and other infrastructure, there will be less absorption, altered drainage patterns and possible changes in the amount of surface runoff. To mitigate this potential impact, an approved drainage plan will be required prior to commencing development of the parcel. B. Would the project result in exposure of people or property to water -related hazards such as flooding? Less than Significant Impact. The site is within a designated flood hazard zone, that of AO, a 100-year flood plain with the hazard factors determined. There is no existing on -site flood control facilities, however, the adjacent parcel to the west does have a large retention basin. In addition, the parcel will be protected by the off -site flood control facilities such as the La Quinta Evacuation Channel and the Bear Creek diversion dam. The proposed project will be required to provide an on -site retention basin as a condition of approval. The retention basin shall have engineered plans approved by the City. C. Would the project result in discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Less than Significant Impact. Runoff from the parcel will most likely be required to be directed into the proposed on -site retention basin. There are no standing bodies of water on the project site. (Source: Site Survey; Proposed Park Site Plan) D. Would the project result in changes in the amount of surface water in any water body? 12 No Impact. There are no bodies of surface water currently on the project site. Although an increase in runoff will occur, this increase is not expected to impact surface water. The size of the project represents only a small fraction of the drainage tributary area for the City. (Source: Site Survey) E. Would the project result in changes in currents, or the course or direction of water movements? No Impact. The City of La Quinta does not have any natural substantial bodies of water or rivers. There are many small man-made lakes and ponds on golf courses within the City. The La Quanta Evacuation Channel is a man-made stormwater channel that is usually dry expect for runoff from seasonal storms. The proposed development of the apartment complex site will not affect any existing drainage corridor. (Source: Site Suniey; La Quinta MEA) F. Would the project result in changes in quantity of ground waters, either through direct additions or withdrawl, or through interception of an aquifer by cuts or by excavations? No Impact. Water supply in the City is derived from groundwater and supplementary water brought in from the Colorado River. The proposed development will consist of 128 apartment units and an accessory recreation/laundry/office building. Potable water to service this development will most likely come from groundwater wells in the near vicinity. G. Would the project result in altered direction or rate of flow of groundwater? No Impact. The proposed project will not have a significant effect on groundwater wells. However, the project will have a cumulative effect. It is not anticipated that there will be any alteration to the direction or rate of flow of the groundwater supply. No deep cuts are anticipated except for the retention basin proposed for the project. The cuts necessary for construction of the retention basin are not anticipated to interfere with the groundwater supply. (Source: Proposed Site Plan) H. Would the project result in impacts to groundwater quality? Less Than Significant Impact. The proposed development of the apartment complex will include concrete and asphalt pavement of the roadways, walkways, and parking areas. This pavement will reduce the absorption ability of the ground. Storm water runoff will be discharged into an on -site basins. Following a heavy rain, contaminates could be transported into on -site basin or into the nearby storm drains that could contribute to groundwater and/or surface water pollution. However, this potential impact is anticipated to be less than significant. 3.5 AIR QUALITY Regional Environmental Setting The Coachella Valley is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD), and in particular the Southeast Desert Air Basin (SEDAB). SEDAB has a distinctly different air pollution problem than the South Coast Air Basin (SCAB), A discussion of the jurisdictional organization and requirements is found in the La Quinta MEA. The air quality in Southern California region has historically been poor due to the topography, climatological influences, and urbanization. State and federal clean air standards established by the California Air Resources Board and the U.S. Environmental Protection Agency (EPA) are often exceeded. The SCAQMD is a regional agency charges with the regulation of pollutant emissions and the maintenance of local air quality standards. The SCAQMD samples 13 air quality at over 32 monitoring stations in and around the Basin. According to the District's 1989 Management Plan, SEDAB experiences poor air quality, but to a lesser extent than the SCAB. Currently, the SEDAB does not meet federal standards for ozone, carbon monoxide, or particular matter (PM-10). In the Coachella Valley, the standard for PM-10 is particulate matter 10 microns or less in diameter that becomes suspended in the air due to winds, grading activity, and by vehicles traveling on unpaved roads, among other causes. Local Environmental Setting The City of La Quinta is located in the Coachella Valley, which has an and climate, characterized by hot summers, mild winters, infrequent and low annual rainfall, and low humidity. Variations in rainfall, temperatures, and localized winds occur throughout the valley due to the presence of the surrounding mountains, Air quality conditions are closely tied to the prevailing winds of the region. The City is subject to the SCAQMD AQMP, a plan which describes measures to bring the SCAB into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The General Plan for the ?City contains an Air Quality Element outlining mitigation measures as required by the Regional AQMP. The City is located within Source Receptor Area (SRA) 30, which includes two air quality monitoring stations, one located in the City of Palm springs and one in the City of Indio. The Indio station monitors conditions which are most representative of the La Quinta area. The station has been collecting data for ozone and particulate matter since 1983. The Palm Springs station monitors carbon monoxide in addition to ozone and PM-10 and has been in operation since 1985. A. Would the project violate any air standard or contribute to an existing or projected air quality violation? Less Than Significant Impact. The proposed apartment complex would result in 128 units being constructed. The SCAQMD threshold of significance for apartments is 259. The Significance Emission Thresholds established by the Air District consist of the following; 55 lbs./day ROG 55 lbs./day NOX 274 lbs./day CO 150 lbs./day PM-10 150 lbs./day SOX Projects that exceed the above thresholds with daily operation -related emissions (averaged over a 7-day week) that exceed the above emission thresholds are considered to be significant. The following emission levels were calculated for the proposed apartment complex: TABLE 1: SHORT TERM MOBILE EMISSIONS ASSOCIATED WITH CONSTRUCTION Development ROG* NOX* CO* PM-10* Multi -Family 26.1 383.6 83.4 27.2 * lbs./day 14 TABLE 2: LONG TERM EMISSIONS ASSOCIATED WITH TRAFFIC Development ROG* NOX* CO* PM-10* Multi -Family 21.8 * lbs./day 17.9 270.1 2.6 TABLE 3: AREA SOURCE EMISSIONS ASSOCIATED WITH POWER Development ROG* NOX* CO* PM-10* Multi -Family 0.0 2.8 0.4 0.1 * lbs./day TABLE 4: TOTAL LONG TERM EMISSIONS Development ROG* NOX* CO* PM-10* Multi -Family 21.8 *lbs,/day (Source: Screen.XLS) 20.7 270.5 2.6 B. Would the project expose sensitive receptors to pollutants? Less Than Significant. Sensitive Receptors include schools, day care centers, parks and recreation areas, medical facilities, rest homes, and other land uses that include concentrations of individuals recognized as exhibiting particular sensitivity to air pollution. The adjacent land uses consist of single family homes, vacant land, and a neighborhood shopping center. The closest school is the Truman Elementary School and the La Quinta Middle School which are located approximately one-half mile to the east of the project site. The closest existing park is located in the village area of the City, approximately one-half mile to the southwest of the project site. There is a medical office located in the Plaza Tampico office complex, located along Calle Tampico approximately 1/4 mile to the southwest of the project site. No other sensitive receptors have been identified within a half -mile radius of the project site. (Source: La Quinta General Plan; Site Survey) C. Would the project alter air movements, moisture, temperature, or cause any change in climate? Less Than Significant Impact. The proposed project is not anticipated to result in any significant impact upon this issue area. All proposed apartment buildings will not exceed the height allowed by the development standards of the R-2 zone. Moisture content may increase as landscaping areas are planted and irrigated. A swimming pool is proposed for the project, which would add moisture to the immediate area. However, there are no significant climatic changes anticipated with the future development of the apartment complex. D. Would the project create objectionable odors? No Impact. The proposed project will not result in development which may cause objectionable odors, such as waste hauling or chemical products. Vehicles traveling within the project roadways will generate gaseous and particular emissions that may be noticeable to the 15 residents of the complex. However, these odors will be short term. (Sources: Site Survey; Proposed Site Plan) 3.6 TRANSPORTATION/CIRCULATION Regional Environmental Setting La Quinta is a desert community of over 17,000 permanent residents. The City is 31.18 square miles in size, with substantial room for development. The existing circulation system is a combination of early roadwork constructed by Riverside County and new roadways constructed since incorporation of the City in 1982. Key roadways include State Highway 111, Washington Street, Jefferson Street, Fred Waring Drive, and Eisenhower Drive. Traffic volumes in La Quinta experience considerable seasonal variation, with the late -winter, early -spring months representing the peak tourist season and highest traffic volumes. There is a relatively low incidence of automobile accidents at the intersection of Washington Street and Calle Tampico. The General Plan states that there were 5 accidents between 1988 and 1989 at this intersection. Traffic collision data from January 1993 to December 1994 shows that there was one accident at the intersection. (Source: Traffic Collision Data) Existing transit service in La Quinta is limited to three regional fixed -route bus routes operated by Sunline Transit Agency. One bus route along Calle Tampico will service the project. There are only some existing pedestrian, bicycle and equestrian facilities in La Quinta. Currently, Washington Street and Calle Tampico are designated bikeway corridors. Local Environmental Setting The project site is located north of northwestern corner of the intersection of Washington Street and Calle Tampico. Washington Street is classified as a major arterial in the La Quinta General Plan, while Calle Tampico is classified as a primary arterial. The intersection of these two streets is signalized. Both streets approaching the intersection are 4-lane roadways. Washington Street is a primary image corridor and Calle Tampico is a designated secondary image corridor. The La Quinta General Plan provides design standards for the various classes of roadways in the City. According to these standards, the projected buildout volume for Washington Street near the project will be 52,600 Average Daily Trips. Calle Tampico has not been assessed for buildout capacity for vehicle trips. A more detailed discussion of buildout traffic conditions and levels of service is found in the La Quinta General Plan. The current average daily traffic flows for Washington Street, south of Avenue 50, was reported as 13,697 average daily trips in 1995 during the winter (or peak) season. The La Quinta General Plan states that the ADT for Calle Tampico was 7,800, in 1991; and 11,100 ADT for Washington Street, in 1991. A. Would the project result in increased vehicle trips or traffic congestion? Potentially Significant Unless Mitigated. The proposed apartment complex is forcasted to generate a daily average two-way traffic volume of 768 trips. The AM Peak trips will be approximately 61, while the PM Peak trips will be 69. (Source: igjps.XLS) B. Would the project result in hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? 16 Less than Significant Impact. There are no proposed design features that would result in hazardous conditions. (Source: Proposed Site Plan) C. Would the project result in inadequate emergency access to nearby uses? Less Than Significant Impact. The proposed project will not be permitted to obstruct emergency access to the surrounding land uses. A 24-foot wide gated emergency vehicle access will be provided near the southwest comer of the project site. D. Would the project result in insufficient parking capacity on -site or off -site? Potentially Significant Unless Mitigated. The project proposes to provide 276 parking spaces for the 128 units. The parking formula will be 2.5 spaces for the 3 and 4 bedroom units, and 2 spaces for the 2 bedroom units. Each unit will have one covered carport space. This number of spaces is less than that required by the Off -Street Parking Code (276 vs. 322 spaces). Medium density housing near transit and commercial sites will permit more people to have pedestrian and transit access to employment, shopping and leisure activities, thus, reducing automobile dependence. (Source: Proposed site plan) E. Would the project result in hazards or barriers for pedestrian or bicyclists? No Impact. Washington Street and Calle Tampico are both designated bikeway corridors in the La Quinta General Plan. The project will be required to construct sidewalks on the street - side perimeters. It is anticipated that hazards to bicyclists and pedestrians will be minimal as there is an existing traffic signal at the intersection of these two roadways. (Source: La Quinta General Plan) F. Would the project result in conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? No Impact. The proposed project will not be required -to provide a bus turnout as it is too close to the bridge on Washington Street. There is an existing bus stop on Calle Tampico that can service the apartment project. (Source: Proposed Site Plan; La Quinta General Plan) G. Would the project result in rail, waterborne or air traffic impacts? No Impact. There is no rail service in the City. There are no navigable rivers or waterways, or air travel lanes or airports in La Quinta. Thus, there will be no impact upon these issues. (Source: La Quinta General Plan) 3.7 BIOLOGICAL RESOURCES Regional Environmental Setting The City of La Quinta lies within the Colorado Desert. Two ecosystems are found within the City, the Sonoran Desert Scrub and the Desert Transition. The disturbed areas within the City are classified as either urban or agricultural. A detailed discussion of these ecosystems if found in the La Quinta Master Environmental Assessment. Local Environmental Setting The project site is located in the Sonoran Desert Scrub ecosystem. Typically, undeveloped land within this ecosystem is rich in biological resources and habitat. The Sonoran Desert Scrub is the most typical environment in the Coachella Valley. It is generally categorized as containing plants which have the ability to economize water uses, go dormant during periods of drought, or both. Cacti are very common in these areas due to their ability to store water. Other 17 plants root deeply and draw upon water from considerable depths. The variation of desert vegetation result from differences in the availability of water. The most dense and lush vegetation in the desert is found where groundwater is most plentiful. The Sonoran Scrub areas are considered habitat for a number of small mammals. These animals escape the summer heat through their nocturnal and/or burrowing tendencies. Squirrels, mice and rats are all common rodent species in this ecosystem. The black -tailed hare is a typical mammal. Predator species include the kit fox, coyote, and mountain lion in the higher elevations. The largest mammal species found is the Peninsular Big Horn sheep which is found at the higher elevations of the Santa Rosa and San Jacinto Mountain ranges. Birds and amphibians/reptiles can also be found in the Sonoran Scrub area. The project site is vacant. There is a sparse scattering of scrub growth. The La Quinta General Plan identifies that the site as within the habitat of the Fringe -toed Lizard and the Ditaxis plant. The lizard is mitigated by the payment of a fee for the disruption of habitat for those properties that are located within the Fee Mitigation Area. This project is not within the fee area. There is no prescribed mitigation for the Ditaxis plant. A biological survey shall be conducted on the project site to determine the presence of the plant and to recommend appropriate, feasible mitigation measures. (Source: Site Survey; La Quinta MEA) A. Would the project result in impacts to endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? Potentially Significant Unless Mitigated. The project site is within the identified area of the California Ditaxis, an endangered plant species. A biological survey for this plant and other endangered, rare or specifies of special concern shall be conducted, if not already done, to assess the presence of the plant and provide recommendations for mitigation. (Source: La Quinta MEA) B. Would the project result in impacts to locally designated species (e.g. heritage trees)? No Impact. There are no locally designated biological resources within the City of La Quinta. All significant biological resources are designated by the California Department of Fish and Game or the U.S. Fish and Wildlife Service. (Source: La Quinta MEA) C. Would the project result in impacts to locally designated natural communities (e.g. oak forest, coastal habitat, etc)? No Impact. There are no locally designated natural communities found on or near the project site. The City of La Quinta has not designated any such resources. Some of the surrounding parcels are developed with homes, golf course, or roadways. (Source: Site Survey) D. Would the project result in impacts to wettand habitat (e.g. marsh, riparian, and vernal pool)? No Impact. There are no natural wetlands, marshes, riparian communities, or vernal pools on the project site or nearby. Thus, there is no impact to these issue areas. (Source: La Quinta MEA; Site Survey) E. Would the project result in impacts to wildlife dispersal or migration corridors? 18 Less Than Significant Impact. There are no known wildlife corridors on or adjacent to the project site. However, this issue is to be addressed during the biological survey and study of the property. (Source: La Quinta MEA) 3.8 ENERGY AND MINERAL RESOURCES Regional Environmental Setting The City of La Quinta contains both areas of insignificant and significant Mineral Aggregate Resource Areas (SMARA), as designated by the State Department of Conservation. There are no known oil resources in the City. Major energy resources used come from the Imperial Irrigation District (IID), Southern California Gas company, and gasoline companies. Local Environmental Setting There are no oil wells or other fuel or energy producing resources on the proposed project site. While the site is undeveloped, it is not a source of soil or gravel. The site is within the MRZ-1, a designation for those area where adequate information indicates that no significant mineral deposits are present or where it is judged that little likelihood exists for their presence. (Source: La Quinta MEA) A. Would the project conflict with adopted energy conservation plans? No Impact. The City of La Quinta does not have an adopted energy plan, but the City does have a Transportation Demand Management (TDM) Or&nance in place that focuses on the conservation of fuel. The Housing Element contains requirements for efficiency in housing construction and materials, thus reducing energy consumption. All development is required to meet State Title 24 energy requirements during plan check. (Source: TDM Ordinance) B. Would the project use non-renewable resources in a wasteful and inefficient manner? Less Than Significant Impact. Natural resources that may be used by this proposed project include air, water, sand and gravel, timber, energy, and other resources needed for construction and operation. The proposed project will be required to meet Title 24 energy requirements for energy conservation. Proposed landscaping will be required to comply with the City's landscape water conservation ordinance as well as the requirements of the Coachella Valley Water District concerning water conservation. (Source: La Quinta MEA) 3.9 RISK OF UPSET/HUMAN HEALTH Regional Environmental Setting Recent growth pressure has dramatically increase the City's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in food, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not located in La Quinta, the existence of chemicals utilized in dry cleaning operations, agricultural operations, restaurant kitchens, landscape irrigation and exposure to large scale electrical facilities may pose significant threats to various sectors of the population. Currently, there are no hazardous disposal waste sites locate din Riverside County, although transportation of such materials out of, and around La Quinta takes place. 19 Local Environmental Setting In order to comply with AB 2948- Hazardous Waste Management Plans and Facility Siting Procedures, the City of La Quinta adopted Ordinance 184 consisting of a Hazardous Waste Management Plan. The project site has not been used for any type of manufacturing or industry, other than perhaps agriculture. (Source: Site Suniey; aerial photos) A. Would the project involve a risk of accidental explosion or release of hazardous substances (including, but not limited to oil, pesticides, chemicals, or radiation)? Less Than Significant Impact. There is a minimal risk from swimming pool chemicals and pesticide chemicals that may be used or stored on site. No other risks are anticipated by the proposed project. (Source: Proposed Site Plan) B. Would the project involve possible interference with an emergency response plan or emergency evacuation plan? Less than significant Impact. Construction activities will be confined to the proposed site, except for minimal off -site work as is necessary for roadway improvements. These activities will not be permitted to interfere with emergency responses to the site or surrounding areas nor will it be permitted to obstruct emergency evacuation of the area. Needed measures to divert and control traffic shall be coordinated with the Public Works Department. (Source: Proposed Site Plan) C. Would the project involve the creation of any health hazard or potential health hazard? Less than Significant Impact. There are no anticipated health hazards associated with the proposed apartment complex. (Source: Proposed Site Plan) D. Would the project involve exposure of people to existing sources of potential health hazards? No Impact. There are no existing health hazards identified on the property. The proposed project is not expected to create any health hazards, as all construction must conform to the current zoning standards, Uniform Building Codes, and all applicable heath and safety codes. E. Would the proposed project envolve increased tyre hazard in areas with flammable brush, grass, or trees? No Impact. The proposed project site is located in a developed area within the centra area of the City. There is very little vegatation on the project site as it has been rough graded in the past. The immediate area of the project site has been developed or is current under development, thus there is no natural flammable brush, grass, or trees nearby. (Source: Site Survey) 3.10 NOISE Regional Environmental Setting Noise levels in the City are created by a variety of sources in and near the City. The major sources include vehicular noise on City streets and Highway 111, and temporary construction noise. The ambient noise levels are dominated by vehicular noise along the highway and major arterials in La Quinta. 20 Local Environmental Setting The ambient noise level at the project site is dominated by vehicle traffic noise from Washington Street and Calle Tampico. Masonry perimeter walls and landscaping have been used in nearby development to buffer the noise. Residential areas are considered noise -sensitive land uses, especially during the nighttime hours. The nearest residential use to the project site is adjacent to the west and southwest. Additionally, there is a single family development on the east side of Washington Street. (Source: Site Survey; La Quinta MEA; La Quinta General Plan) A. Would the project result in increases in existing noise levels? Less than Significant Impact. The increase in vehicle noise resulting from the construction of the proposed apartment complex will contribute to the existing noise level in the immediate area. There will also be noise from the projected 512 or 364 residents of the complex. This noise can be mitigated to a level that is less than significant by the construction of perimeter block walls, setbacks, and landscape buffers. Staff has determined that the project is most compatible with the Community Noise Equivalency Levels (CNEL): Single Family, Townhouse, Apartment, found in Table 6.3 of the La Quinta MEA. This table indicates that residential land uses have a normally acceptable outdoor CNEL range of less than 60 dBA. Construction materials and design should take noise containment and reduction into account for the development to mitigate any noise spill -over between land uses. A noise study will be required to assess the project specific impact and recommend mitigation measures.(Source: La Quinta General Plan) B. Would the project result in exposure of people to severe noise levels? Less Than Significant Impact. The La Quinta General Plan regulates excessive noise and vibrations in the City by establishing allowable levels for various land uses. Residential land uses should have a maximum exterior noise level of up to 60 CNEL. If the ambient noise level is higher than this standard, then it will serve as the standard. The existing CNEL along Washington Street and Calle Tampico corridors adjacent to the project site is 60 dBA, while the interior of the project site ranges between 50 and 60 dBA. (Source: La Quinta MEA) The proposed development of the apartment complex will result in short-term impacts associated with construction activities. During construction, heavy machinery will be capable of generating periodic peak noise levels ranging from 70 to 95 dBA at a distance of 50 feet from the source. These high noise levels are short in duration and temporary with the construction phases of the project. Such high noise levels are not anticipated nor permitted after construction, or during the "operation" of the apartments. (Source: La Quinta General Plan) 3.11 PUBLIC SERVICES Regional Environmental Setting Law enforcement services are provided to the City through a contract with the Riverside County Sheriff's Department. The Sheriffs Department extends service to the City from existing facilities located in the City of Indio. The Department utilizes a planning standard of 1.5 deputies per 1,000 population to forecast additional public safety personnel requirements in the City at buildout. Based on this standard, the City should have a police force of 25.5 officers, but is currently underserved with 8 deputies, 2 target team officers, 2 school resource officers, and 1 community service officer, for a total of 13 officers. 21 Fire protection service is provided to the City by Riverside County Fire Department. The Fire Department administers two stations in the City; Station #32 on Frances Hack Lane, west of Washington Street, and Station #70, at the southwest corner of the intersection of Madison Street and Avenue 54. The Fire Department is also responsible for building and business inspections, plan review, and construction inspections. Based upon a planning standard of one paid firefighter per 1,000 population, the City is currently underserved. The Fire Department has indicated that a need exists for a third fire station in the northern part of the City between Washington Street and Jefferson Street. Structural fires and fires from other man-made features are the most significant fire threats to the City. Hillside and brush fires are minimal as the hillside areas are barren of vegetation and scattered brush on the valley floor is too sparse to pose a :serious fire threat. Both the Desert Sands Unified School District and the Coachella Valley Unified School District serve the City. There is one elementary school, one middle school, and one high school within the City. The City is also within the College of the Desert Community College District. Library services are provided by the Riverside County Library System with a branch library located in the Village area of the City. the existing facility opened in 1988 and contains 2,065 square feet of space and approximately 18,000 volumes. The County unadopted planning Standards of 0.5 square feet per capita and 1.2 volumes per capita to forecast future facility requirements to serve the City. Utilizing this standard, in 1992, the City was underserved in space but overserved in terms of volumes. Health care services are provided in the City through JFK Memorial Hospital in Indio, and the Eisenhower Immediate Care Facility located in the Plaza La Quinta Shopping Center, which will soon move to new quarters located in the One Eleven Shopping Center north of Highway 111. The Eisenhower facility is a satellite clinic of the Eisenhower Medical Center, located in Rancho Mirage. The Riverside County Health Department administers a variety of health programs for area residents and is located in Indio. Paramedic service is provided to the City by Springs Ambulance Service. Local Environmental Setting The nearest fire station to the project site is Station #32 located approximately a mile southwest of the project site, on Fances Hack Lane. There is an additional fire station located in the Bermuda Dunes Area (County jurisdiction) to the north of the City, on Avenue 42. Governmental services in La Quinta are provided by City staff at the Civic Center, and by other County, state, and federal agency offices located in the desert area or region. The project will be served by Truman Elementary School, La Quinta Middle School, and by La Quinta High School, under the jurisdiction of the Desert Sands Unified School District. A new elementary school is planned for construction on a parcel west of the project site, on the north side of Calle Tampico. A. Would the project have an effect upon, or result in the need for new or altered governmental services in relation to fire protection? Potentially Significant Unless Mitigated. The proposed apartments will increase the need for fire protection service to the City due to the construction of 128 residential units and a recreation/laundry/office building. Development of the units shall comply with the fire flow and fire safety building standards of the Riverside County Fire Code to prevent fire hazard on -site and to minimize the need for fire protection services. Unobstructed fire access will be required. The developer proposes a secondary or emergency gated access at the southwest end of the 22 property. The Fire Department has reviewed this plan and approved it with conditions attached to the approval as contained in their letter dated September 18, 1995. B. Would the project have an effect upon, or result in the need for new or altered government services in relation to police protection? Potentially Significant Unless Mitigated. The Sheriffs Department has reviewed the proposed project and provided comments in a letter dated September 21, 1995. It is stated that the complex will have a significant impact on police services for the City. The Sheriff's Department predicts an increase in population to 512 persons, based on 2 bedrooms with four person occupancy, in a rather small area, will generate additional calls for service and the need for an additional police services in La Quinta. The Community Development Department staff calculate a potential population of 364 persons for the apartment complex. No mitigation for this impact has been proposed, thus far., unless additional funds are prioitized by the City Council. C. Would the project have an effect upon, or result in a need to new or altered government services in relation to school services? Potentially Significant Unless Mitigated. The proposed apartment complex will total 106,912 square feet of residential living space. Using the school district's formula of 0.1628 for elementary school, 0.0556 for middle school, and 0.0565 for high school, the project will generate 20.8 elementary students, 7.11 middle school students, and 7.23 high school students (total of 35.14 students). In the letter from the school district, dated September 19, 1995, the required mitigation for the impact upon the schools is payment of a school mitigation fee that is collected at the time building permits are issued. (Source: Desert Sands Unified School District) D. Would the project have an effect upon, or result in a need for new or altered government services in relation to the maintenance of public facilities, including roads? Less Than Significant Impact. All utilities are available nearby. There is a proposed private internal roadway for the complex which will be maintained by the property owner. Based upon the current proposed project, there is minimal maintenance of public facilities created by this project. E. Would the project have an effect upon, or result in a need for new or altered government services in relation to other governmental services? Less than Significant Impact Building, engineering, inspection, and planning services needed for this project will be partially offset by permit and inspection fees charged to the applicant and contractors. 3.12 UTILITIES Regional Environmental Services The City of La Quinta is served by the Imperial Irrigation District (IID) for electrical power supply and the Southern California Gas Company (SCG) for natural gas service. Existing power and gas lines, and substations are found throughout the City. IID has four substations in La Quinta, with electricity generated by a steam plant in El Centro and hydroelectric power generated by the All American Anal. General Telephone Exchange (GTE) provide telephone services for the City. Colony Cablevision serves the are for cable television service. 23 The Coachella Valley Water District (CVWD) provides water service to the City. CVWD obtains it water from underground aquifers and from the Colorado River. CVWD operates a water system with potable water pumped from domestic wells. The wells range in depth from 500 to 900 feet. Potable eater is stored in five reservoirs located in the City. The City's stormwater drainage system is administered by the CVWD, which maintains and operates a comprehensive system to collect and transport flows through the City. The City is served by Waste Management of the Desert for solid waste disposal. Nonhazardous, mixed municipal solid waste is taken to three landfills within the Coachella Valley. Local Environmental Setting The project site is almost entirely surrounded by development. The parcel is vacant. A. Would the project result in a need for new systems, or substantial alterations to power and gas services? Less Than Significant Impact. Water, sewer, gas, and power lines have been brought into the project area and are available to the project site. The project developer will be required to coordinate the installation of these services with each of the purveyors. The electrical consumption is calculated to be 2,133 kWh/unit/day. Natural gas consumption is calculated to be 16,891 cu.ft./day. No other impacts are anticipated. (Source: Utiligen.XLS) B. Would the project result in a need for new systems, or substantial alteration to communication systems? Less than Significant Impact. The anticipated project will require telephone service. The developer will be required to coordinate the installation of such service with GTE. No adverse impacts are anticipated. C. Would the project result in a need for new systems, or substantial alterations to local or regional water treatment or distribution -facilities? Less than Significant Impact. The proposed compllex will require water service and treatment. It is not anticipated that the project will result in a significant adverse impact upon the water resources of CVWD. Potable water consumption is calculated at 23,936 gallons per day for the apartments. No other impacts are anticipated. (Source: Utiligen) D. Would the project result in a need for new systems, or substantial alterations to sewer services or septic tanks? Less than Significant Impact. The proposed project will generate sewage which will have to be transported and treated by CVWD. The developer will be responsible for the cost of connection and installation of an on -site sewer system. Sewage generation is calculated at 19,968 gallons per day for the project, which will result in a cumulative impact upon the City sewer system. No other impacts have been identified. E. Would the project result in a need for new systems, or substantial alteration to storm water drainage? Less Than Significant Impact. The apartment project wiill have an on -site retention basin to service the project. The basin shall be engineered to contain all of the on -site drainage needs for the project. Plans for the basin shall be submitted to the City for review and approval prior to construction. There will no impacts to the existing drainage facilities and channels in the City. 24 F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? Less than Significant Impact. The project will require solid waste disposal services from Waste Management of the Desert, the current purveyor of solid waste collection in the City. Solid waste will be transported to the three existing landfills in the Coachella Valley. These landfills are reaching capacity and may be closed in the near future. Development must comply with the City's Source Reduction and Recycling policies. However, other sites or alternative types of waste disposal are being considered. Any on -site programs will be coordinated with the City and Waste Management of the Desert. Project waste generation is calculated at 512 lbs. per day, at 4.0lbs./day/unit, based on a project of 128 apartments. (Source: Utiligen, XLS) 3.13 AESTHETICS Regional Environmental Setting The City of La Quinta is partially located within a desert valley cove. There are hillsides to the west and south of the City. Views of the desert and surrounding mountains are visible throughout most of the city. Local Environmental Setting The project site is located in a mixed residential and commercial area near the Village area of La Quinta. According to the La Quinta MEA, the project site is in the path of a distinctive viewshed emanating from the area north of Avenue 50, west of the project site. The area between the project site and where the viewshed begins is almost entirely developed with one and two story structures. The proposed project will include both one and two story apartment buildings. Therefore, the project will consist of similar building heights, resulting in a cumulative impact on this viewshed. This impact is not considered significant due to that fact that most of the viewshed has already been impacted by earlier development. A. Would the project affect a scenic vista or scenic highway? Less Than Significant Impact. The project site is located within a designated viewshed. The viewshed has been impacted by previous development. (Source: La Quinta MEA; Site Survey) B. Would the project have a demonstrable negative aesthetic effect? Less Than Significant Impact. The proposed development will be required to comply with architectural and landscaping policies and ordinances. It is not anticipated that there will be a significant adverse impact on the viewshed in line with the project site or the aesthetic qualities of the surrounding area. C. Would the project create light or glare? Potentially Significant Unless Mitigated. The proposed apartment project will consist of 18 apartment buildings and a recreation/laundry/office building with outdoor pool. There will be exterior building and parking area lighting that will be required to comply with the Dark Sky Ordinance and other policies concerning lighting and glare. A lighting plan will be required to be submitted to the City for review and approval prior to construction of the apartments. 3.14 CULTURAL RESOURCES Regional Environmental Setting The prehistory of the La Quinta area extends back in time to at least 6,000 years ago, according to recent evidence. At various time, the lower Coachella Valley was inundated by a 25 freshwater lake, called Ancient Lake Cahuilla. Early inhabitants of the Colorado Desert were descendants of people who had migrated across the Bering Strait more than 20,000 years ago. As the gradual migration progressed, small bands of hunters passed through the Colorado Desert with some migrating as far as Central America. As time passed, the Coachella Valley became the home to a tribelet of people that have come to be known historically as the Cahuilla Indians. The Cahuilla followed a hunting and gathering life style as they lived along the ancient lakeshore when the lake was present in the valley, and out on the desert floor when the lake had desiccated. The Cahuilla ere divided into three geographic areas of the Valley. There were the Western or Pass Cahuilla within the Banning pass area; the Desert Cahuilla, from Palm Springs east to the Salton Sea, and the Mountain Cahuilla , south of San Jacinto Peak in the San Jacinto and Santa Rosa Mountains. Traveling across boundaries to exploit seasonal resources for ceremonial purposes was a part of their annual life cycle. Alfred Kroeber, anthropologist, estimated that the original population of 2,500 has been reduced to about 750, by 1923. The likely locations of prehistoric sites in La Quinta are along the foothills. Archaeological sites are usually associated with a source of water. Temporary campsites can be found near game trails, springs, mesquite groves, grass stands, bedrock outcrops, and marshy area of the ancient lakeshore. Isolate milling sites, lithic scatters, and pottery scatters can be found almost anywhere in the undisturbed desert area of the City. Thus, there is a high sensitivity for archaeological site and resources in the City. The first European explorer entered the Coachella Valley in 1540, with others following in later years. In approximately 1650, Spanish missionaries visited the area. However, no mission was every established in the valley. A trail was established by the Cocomaricopa Indians.across the Valley in 1821, as they carried mail through the San Gorgonio Pass between Tucson and Mission San Gabriel. White settlement did not occur in the valley to any degree until the transcontinental railroad was constructed. The railroad constructed brought with it the technology to drill water wells deep enough to sustain settlement in the desert. The Bradshaw Trail brought in settlers and freight both before and after the construction of the railroad. The Coachella Valley was the site of the most popular immigration route to the southwest via the Southern Immigrant Trail. The Bradshaw Trail route passed through the Valley until 1915 when a graded gravel road was developed for automobile travel. Local Environmental Setting The settling of the La Quinta area has been chronicled by the La Quinta historical Society in several publications and reprints of historical documents. There are 11 historical structures and sites recorded on the California Historic Resources Inventory. These resources are listed in the La Quinta General Plan. La Quinta experienced rapid growth in the late 1970's which lead to incorporation of the City in 1982. The City has grown from a population of 5,400 in 1982, to over 17,600 in 1995. The incorporated boundaries include over 31 square miles of area. The project site is located in the central portion of the City. There are numerous recorded archaeological sites within a two mile radius of the project site. The project site has not been surveyed for these resources, but will be required to have a survey conducted by a qualified archaeologist. 26 The project site is located very near the ancient lakeshore and has a high sensitivity for prehistoric resources. Although the ground surface may have been rough graded, there is a possibility of subsurface cultural deposits present on the project site. A complete report of the results of the survey and literature search shall be submitted to the City for review and approval by the Historic Preservation Commission. Recommendations of the survey report for any necessary mitigation or treatment of archaeological deposits shall be made part of the project mitigation monitoring plan that is attached to the conditions of approval. A final report shall be submitted to the City for review by the Historic Preservation Commission. A. Would the project disturb paleontological resources? Potentially Significant Unless Mitigated. The project site is located within the lakebed delineation study area for paleontological resources. All projects within this area are required to have a paleontological survey and monitoring conducted prior to and during grading activities for the project. (Source: U.S.G.S. La Quinta Quad Map; Lakebed Delineation Map) B. Would the project affect archaeological resources? Potentially Significant Unless Mitigated. The project site is located within a highly sensitive area for such resources. An archaeological survey and monitoring of grading activities shall be conducted prior to and during grading activities. (Sources: La Quinta Archaeological Site Map; La Quinta General Plan; La Quinta MEA; Archaeological Files and Reports on file with the City) C. Would the project affect historic resources? Less Than Significant Impact. There are no designated historic resources found on the project site. It is possible that there could be subsurface historic deposits on the property. Historic resources can be observed for during the archaeological survey and monitoring efforts required for the project. (Source: La Quinta MEA; La Quinta General Plan) D. Would the project have the potential to cause a physical change which would affect unique ethnic cultural values? No Impact. The project site does not have any known cultural values associated with it. Therefore, the project will not have an impact upon this issue area. E. Would the project restrict existing religious or scared uses within the potential impact area? No Impact. There are no known religious uses or sacred uses on the subject site. (Source: Site Survey; La Quinta General Plan) 3.15 RECREATION Regional Environmental Setting The City of La Quinta has an adopted Parks and Recreation Master Plan that assesses the existing facilities and the future needs of the City. There are approximately 28.7 acres of developed parkland in compliance with the Quimby Act. The 845.0 acre regional Lake Cahuilla Park is in the jurisdiction of the Riverside County Park system. There are bikeway corridors and equestrian pathways designated in the City, as well as hiking trails. (Source: La Quinta General Plan) Local Environmental Setting The proposed project site is vacant. The proposed retention basin is proposed to be an open park area for the residents of the apartment complex. The City will not accept this area as 27 public parkland at this time. There is no evidence that there have been any recreational uses on the property in the past. (Source: Site Survey; Proposed Site Plan) A. Would the project increase the demand for neighborhood or regional parks or other recreational facilities? Potentially Significant Unless Mitigated. The proposed development will impact the existing park and recreation facilities by the construction of 128 new residential units with a projection population by the Sheriff's Department of 512 people. The Community Development Department calculates a population of 364 residents. nth either population calculation, there will be an impact to the existing public park facilities. (Source: La Quinta Parks and Recreation Master Plan) B. Would the project affect existing recreational opportunities? • Potentially Significant Unless Mitigated. The proposed project will affect existing parks and recreation facilities through added users. There is no required mitigation for this potential impact from a multi -family project. SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE The Initial Study for the proposed apartment complex will not have unmitigable significant adverse impacts on the environmental issues addressed in the checklist. Some of the issue areas could have a potential significant impact if appropriate mitigation measures are not implemented. A Mitigation Monitoring Plan shall be prepared and attached to this document and the Conditions of Approvals for the project. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines and based on the results of this environmental assessment: The proposed Conditional Use Permit and Plot Plan will not have the potential to significantly degrade the quality of the environment, with the implementation of mitigation measures. • The proposed project will not have the potential to achieve short term goals to the disadvantage of long-term goals, with the successful implementation of mitigation. • The proposed project will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity. • The proposed project will not have environmental effects that will adversely affect humans, either directly or indirectly, with the implementation of mitigation measures. SECTIONS: EARLIER ANALYSIS a. Earlier Analyses Used. The La Quinta Master Environmental Assessment, La Quinta General Plan, La Quinta Parks and Recreation Master Plan, U.S.D.A. Soil Conservation Service -Coachella Valley Soil Survey, Residential Development Facilities Impact Mitigation Plan for Desert Sand Unified School District; and other documents on file with the Community Development Department were used in the preparation of this document. b. Impacts Adequately Addressed. None. 28 C. Mitigation Measures. Mitigation measures are discussed in this addendum as they relate to the proposed project. A Mitigation Monitoring Plan will be attached to the project Conditions of Approval. 0 M W) G� H w W z w w a � a a 0 0 �04 U°�z� oaQwA z® 0 Z� F-+ W GiWWA�'� ZA dQ0@A A U U W @ H A p�q zU d� a U UU w b o" U •� 0 N .s a � c� �o 0 Z 0 L: a 00 UAA e a � � py c •° d r M O� O� aQ 914 W 1-d � z d U o x U U d W F-+ U z E-� z �o zz 0 0 44 0 w � a M M � O t o U z z ® o ►- a � o za ]Q o� y u U w W po a a� a� o � � � •o aD C7 z 'o 0 � o 5� ®0 a� c A O Cl �,'� bD aoi 'o o .o 345 51 PO t m � •� o c ;* = o a� 'a� Vl M a4 (7, a ¢ w W H d Q z ¢Q a U Ox U U H � � O U cac b O o � o � 0 aD o 0 z B E aCO GC 0 M 0 °0 w UAAW� y a AN•..+ d PTO.. � F '� U 44 cn O C O ,� h a .b �b .3U O� ..,�,aoa L7 .., �� Ind rAul MIR W, M U � a. a, W /mayq Fd � Q U W p U 'ti a, MU ram. mUOprou �o EA .� y ii iJ A ci ccl � Z o u �p u W COO ®z 0. cA p � o ►-� ci t xci p cl n U w �AL7cn �+ ° o o ° e's U 0 aE�ba10. � A ►-+ y�A po co In W ea en r M a¢ Cl. W W U ® x U U btA � U y �zs •v cc a da' ao •o 0 on � b M M c. L7 u a. 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A z o z �a cl Oo C a b a� a rA Co co co 04 r '� r r t �A u ++ u G� w ;0.�0� � 'm A v � E o a� c� u U cj °w E ^� 'Red ,° .� ; a ti .-� AQ o W a k a (w o r ) A U pq A 064U W F' U 0 rA a� as u 0-4 �a� 44 c A O�T4 ►° aW3 rA 0-4o el � .� G�j z [Et 0-4 cu � E CJ .r fti y eeq 4 e� W z Ey v� O U d o MIR EA K-1 r M W) tr) ON O� a¢ aW F A U p�q �A av U U a w b� U 0.4 c d tj v a � � a ab o 't3 RS 55a �Tk UAAWA o b two po � .y •� V O .rA r M ON � A �A ®U � o PC wo .0 L7 G�i O a.0 a �A 0 PC PC am W A A �U U F� L7 z �a �o ®z �a 0 w � a 0 cu E++ U 14 tn -met cu o en o za ENVIRONMENTAL CHECKLIST FORM Environmental Assessment No. 95-309 Case No.: CUP 95-021 Date: SEPTEMBER 11, 1995 I. Name of Proponent: Address: Phone: Agency Requiring Checklist: Project Name (if applicable): USA Properties Fund/TKC 2200B Douglas Boulevard, Suite 150, Roseville, California 916-773-6060 City of La Quinta Villa La Quinta Apartments CITY OF LA QUINTA Community Development Department 78-495 Calle Tampico La Quinta, California 92253 II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. Land Use and Planning X Transportation/Circulation X Public Services Population and Housing X Biological Resources Utilities X Earth Resources Energy and Mineral Resources X Aesthetics X Water Risk of Upset and Human Health X Cultural Resources Air Quality Noise X Recreation Mandatory Findings of Significance III. DETERMINATION. On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. X I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least, 1) one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards; and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a " potentially significant impact" or "potential significant unless mitigated. " AN ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Signature �`�� Z'. Date: September 11, 1995 L �I Printed Name and Title: Leslie NV ouriquand, Associate Planner For: City of La Quinta Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.1. LAND USE AND PLANNING. Would the project: a) Conflict with general plan designation or zoning? X (source #(s): b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X c) Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? X d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X 3.2. POPULATION AND HOUSING. Would the project: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X 3.3. EARTH AND GEOLOGY. Would the project result in or expose people to potential impacts involving: a) Fault rupture? X b) Seismic ground shaking X c) Seismic ground failure, including liquefaction? X d) Seiche, tsunami, or volcanic hazard? X e) Landslides or mudflows? X f) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X g) Subsidence of the land? X h) Expansive soils? X i) Unique geologic or physical features? X Potentially Potentially Significant Less Than Significant Unless Significant No Impac: Mitigated Impact Impact 3.4. WATER. Would the project result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X b) Exposure of people or property to water related hazards such as flooding? X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity? X d) Changes in the amount of surface water in any water body? X e) Changes in currents, or the course or direction of water movements? X f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? X g) Altered direction or rate of glow of groundwater? X h) Impacts to groundwater quality? X 3.5. AIR QUALITY. Would the project: a) Violate any air quality standard to contribute to an existing or projected air quality violations? X b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectional odors? X iii Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.6. TRANSPORTATION/CIRCULATION. Would the project result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses? X d) Insufficient parking capacity on site or off site? X e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts? X 3.7. BIOLOGICAL RESOURCES. Would the project result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? K b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? X iv Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact d) Wetland habitat (e.g. marsh, riparian and vernal pool)? X e) Wildlife dispersal or migration corridors? X 3.8. ENERGY AND MINERAL RESOURCES. Would the project: a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient manner? X 3.9. RISK OF UPSET/HUMAN HEALTH. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? X b) Possible interference with an emergency response plan or emergency evacuation plan? X c) The creation of any health hazard or potential health hazards? X d) Exposure of people to existing sources of potential health hazards? X e) Increased fire hazard in areas with flammable brush, grass, or trees? X 3.10. NOISE. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X 3.11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X v b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other governmental services? 3.12. UTILITIES. Would the proposal result in a need for new systems, or substantial alternations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? 3.13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? 3.14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious of sacred uses within the potential impact area? Potentially Potentially Significant Less Than Significant Unless Significant Impac: Mitigated Impact X X I X X X X X X No Impact X X X X X X v1 Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks of other recreational facilities? X b) Affect existing recreational opportunities? X 4. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the Potential to degrade the quality of the environmental, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). X d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed by the earlier document. c) Mitigation measures. For effects that are "potentially significant" or "potentially significant unless mitigated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. vii .T4ht 4 �a� c9 z 5 OFF TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: OCTOBER 10, 1995 RE: CONDITIONAL USE PERMIT 95-021 The recommended Conditions of Approval for this case were not placed in your packet on October 6th. Please review the attached conditions before the meeting, and at the meeting incorporate them into the approval recommendation prepared by staff. Thank you. mmpc2 PLANNING COMMISSION RESOLUTION 95-_ CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 95-021 - THE KEITH COMPANIES OCTOBER 10, 1995 EXHIBIT "A" 1. The development shall comply with the exhibits on file and the following conditions, which shall take precedence in the event of any conflict with the provisions of Plot Plan 95-564. 2. All dwelling units within 100 feet of the Washington Street right-of-way shall be limited to one story in height. 3. A master landscaping plan for all perimeter street parkways shall be submitted and approved by the Planning Commission prior to issuance of a building permit for the project. Landscaping materials to be native and drought tolerant. Irrigation system to utilize emitter irrigation system where possible. Within 5 feet of curb, no spray irrigation heads nor lawn shall be used. Within this area only emitters and spreading shrubs and ground cover may be used. All final landscaping and architectural plans be reviewed and approved by staff. 4. The minimum apartment size shall be 750 square feet (2 bedroom), 1,000 square feet (3 bedroom) and 1,200 square feet (4 bedroom). 5. The Conditional Use Permit approval period shall nn concurrently with Plot Plan 95-564. 6. All bedrooms shall measure one hundred square feet, as measured from the interior walls of the room. CONAPRVL.339 s 4P WC. z OF„{�MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING NNING FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE; OCTOBER 10, 1995 SUBJECT: CONDITIONAL USE PERMIT 95-021, PLOT PLAN 95-564 AN ENVIRONMENTAL ASSESSMENT 95-309 D The applicants for the above noted project (USA Properties), asked that we notify you of a recently completed apartment complex in the City of Cathedral City constructed b US Properties, Should you wish to see the project it is located at 69-175 Converse Road, A City. The project is called Terracina at Cathedral City. The directions are as followsCathedral : South of Converse Road, just east of Date Palm, behind Sam's Club