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1995 11 28 PCell' lam cy t Z _ r^ b OF THE PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California November 28, 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 95-045 Beginning Minute Motion 95-052 CALL TO ORDER - Flag Salute ROLL CALL CONFIRMATION OF THE AGENDA 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 1. Development Agreements for Zoning Ordinance Update 2. Zoning Ordinance Update - Subdivision Flag Proposals/Building Industry Association 3. Zoning Ordinance Update - Beginning with Chapter 9.200 RECESS TO 7:00 P.M. PC/AGENDA PUBLIC COMMENT Mr. Tom Kirk, Department Governments, will address the November 28, 1995. PUBLIC HEARINGS Director for the Coachella Valley Association of Commission regarding Project 2020 Workshop - 1. Item ............. PUBLIC USE PERMIT 93-016, TIME EXTENSION Applicant ....... Bernardo Gouthier (Sculptureland) Location ........ 57-325 Madison Street Request ......... Approval of a one year time extension for a sculpture school with a 20-acre sculpture recreational park and entertainment center, gallery and administrative offices Action ........... Resolution 95- 2. Item ............... TENTATIVE TRACT 28259 Applicant ......... KSL PGA Corporation and KSL Hotel Land L.P. Location .......... Southwest corner of PGA West Boulevard and Jack Nicklaus Boulevard Request ........... Approval of a subdivision of 14 acres into 22 single family lots and other amenity lots Action ............. Resolution 95- BUSINESS ITEMS 1. Item ............. SPECIAL ADVERTISING DEVICE 95-088 Applicant ....... Lexus Challenge (hosted by Raymond Floyd) Location ........ West of Jefferson Street and north of 52nd Avenue Request ......... Approval of temporary advertising for the Lexus Challenge Golf Tournament at the Citrus Golf Course in December, 1995 Action ........... Minute Motion 95- CONSENT CALENDAR 1. Approval of the Minutes for the meetings of July 25, 1995, November 3, 1995, and November 14, 1995. COMMISSIONER ITEMS 1. Commissioner report of City Council meeting 2. Department update 3. Discussion regarding cancellation of December 26, 1995 meeting E IalR�l-v I ai;f1y STUDY SESSION NONE PC/AGENDA ,,0�p��a,���* WS u1 MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION DATE: NOVEMBER 28, 1995 SUBJECT: LA QUINTA ZONING ORDINANCE UPDATE/DEVELOPMENT AGREEMENTS In 1984, the La Quinta City Council passed Resolution 84-22 establishing procedures and requirements for the consideration of development agreements. Since then, only one developer has entered into a development agreement with the City; the Grove of La Quinta project which is now named Rancho La Quinta. The current procedures will be modified by this ordinance providing clarity and ease of use. Adding these procedures to the Municipal Zoning Code strengthens their standing, provides easy access and an alternative for developers to use if they so choose. Legislation enabling cities to enter into development agreements was enacted by the 1979 State Legislature in order to provide cities with a voluntary method of giving necessary assurances to landowners and developers undertaking large scale land development. A development agreement does not take the place of any of the existing land use approval requirements. Rather, it is a written contract which may be used for complex and lengthy development projects to set forth the basic parameters of contemplated project approvals and conditions. Under a development agreement both the City and the developer are committing themselves to proceed in accordance with the terms of the agreement. In effect, the City promises not to change its planning or zoning laws applicable to this development for a specified period of time. Thus, many future land use decisions will not be made according to the City's laws and policies in effect at that time, but will be made according to the laws in effect when the agreement was entered into. After negotiation the developer may agree to construct specific improvements, provide public facilities and services, develop according to a specified time schedule, pay the City certain fees, or make other commitments which the City might otherwise have no authority to compel a developer to perform. The development agreement is designed to allow the City and the developer to enter into an agreement zo.00I corresponding to the specific problems that are raised by a particular development. Statutory requirements state that a development agreement must specify the time during which the City agrees not to change its regulations, the permitted uses of the property, the density or intensity of uses, the size of buildings, and provisions for dedication or reservation of land for public purposes. The agreement may also include any other terms and conditions including time schedules for development or additional public services and facilities to be provided by the developer. The law is also clear that entering into a development agreement does not prevent a local agency from subsequently denying or conditioning the project so long as such decisions are not based upon a zoning change or plan amendment which occurred after entering into the agreement. In addition, once an agreement has been entered into, the City must periodically review the progress made by the developer to comply with the agreement at least every twelve months. If the City finds that the developer is not complying with the terms of the agreement, of may terminate or modify the agreement. l�_ It is recommended that the Planning Commission discuss and review the draft Development Agreement Ordinance and determine acceptability. zo.001 Section 1. Application Forms, The Director shall prescribe the form of each application, notice and document provided for or required under this chapter for the preparation, processing and implementation of development agreements. The application shall include as separate documents by reference, the following information: (1) Duration of the agreement; (2) The permitted uses of the property; (3) The density or intensity of use of the property; (4) The maximum height and size of proposed buildings; (5) Provisions for reservation of dedication of land for public purposes; (6) Fiscal impact statement; (7) Phasing and project completion date; (8) Consistency with the General Plan and any applicable specific plan. The Director may require an applicant for a development agreement to submit such information and supporting data as the Director considers necessary to process the application. Section 2. Fees, The City Council shall establish and from time to time amend by resolution a schedule of fees imposed for the filing and processing of each application and documentation required by this chapter. The fee may be waived in whole or in part by the City Council for affordable housing that is in conformance with the General Plan. Section 3. Qualified Applicant. An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such a person. Section 4. Proposed Form of Agreement. Each application shall be accompanied by the form of development agreement to be mutually agreed upon by the applicant and the City at a pre -proposal meeting. This requirement may be met by designating the City's standard form of development agreement and including specific proposals for changes in or additions to the language of the standard form. ORDDRFC.050 Section 5. Review and Filing of Application. The Director shall endorse on the application the date it is received. The Director shall review the application and determine if additional requirements are necessary to complete the agreement. He may reject the application if it is not completed in the manner required by these rules. After receiving the required information, the Director shall prepare a staff report. The staff report shall analyze the proposed development agreement and shall contain a recommendation as to whether or not the development agreement proposed or in an amended form would be consistent with the General Plan or any applicable specific plan. Before processing the application the Director of Community Development shall obtain the opinion of the City Attorney as to sufficiency of the applicant's interest in the real property to enter into agreement. Section 6. Notice of Intention. Upon completion of the staff report required by Section 5, in addition to any other notice required by law, the Director shall give notice of intention to consider adoption of a development agreement. The notice shall contain: (a) The time and place of the public hearing. (b) A general explanation of the development agreement, including a general description of the property proposed to be developed. (c) Other information that the Director considers necessary or desirable. Section 7. Manner of Giving Notice. All notice required by these rules shall be given in the manner provided in Section of the La Quinta Municipal Code. Section 8. Hearing and Recommendation of Planning Commission. The Planning Commission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention. The Planning Commission shall make its recommendation to the City Council in writing within thirty (30) days of the date set for the public hearing. The recommendation shall include whether or not the proposed development agreement: (a) Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. (b) Is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located. (c) Is in conformity with the public necessity, public convenience, general welfare, and good land use practices. ORDDRFr.050 2 (d) Will be detrimental to the health, safety, and general welfare. (e) Will adversely affect the orderly development of property or the preservation of property values. (f) Will have a positive fiscal impact on the City. Section 9. Hearing by City Council. After the recommendation of the Planning Commission or after the expiration of the time period specified in Section 8, the Director shall give notice of a public hearing before the City Council in the manner provided for in Sections 6 and 7. Section 10. Decision by City Council. (a) After it completes the public hearing and considers the recommendation, if any, of the Planning Commission, the City Council may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission shall not be required to hold a public hearing on matters referred back to it by the City Council. (b) The development agreement may not be approved unless the City Council finds that the development agreement is consistent with the General Plan and any applicable specific plan. Section 11. Approval of Development Agreement The development agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the City shall enter into the development agreement by the execution thereof by the City Manager. 115106 in (a) Either the City or the applicant or successor in interest thereto may propose an amendment or cancellation in whole or in part of the development agreement. (b) The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement. (c) Section 1.1. Notwithstanding the foregoing, a proposed amendment to a development agreement to delete certain real property from the terms and conditions of the agreement and sell such property to a public entity ORDDRF-r.050 3 _9 may be considered by the Planning Commission without a noticed public hearing so long as the Planning Commission holds a properly noticed public hearing in connection with a proposed General Plan Amendment and/or Zone change for such property. Upon consideration of the proposed amendment and written recommendation to the City Council by the Planning Commission, the City Council shall hold a properly noticed public hearing and consider the amendment in accordance with the same procedure for entering into a development agreement. (d) Except as expressly set forth herein, each and every provision of this ordinance concerning the procedures for processing and approval of development agreements remains in full force and effect. (e) Except as provided for in Section 14(e), the development agreement may only be amended or canceled in whole or in part by the mutual consent of all parties to the development agreement. Section 13. Recordation. (a) No later than ten (10) days after the City enters into the development agreement, the City Clerk shall record with the County Recorder a copy of the development agreement. (b) If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the City terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall cause notice of such action to be recorded with the County Recorder. Section 14. Periodic Review. (a) The City Council shall review the development agreement at least every twelve (12) months from the date the development agreement is entered into until expiration of the term of the agreement. (b) The Director shall give the applicant or successor in interest thereto at least thirty (30) days advance notice of the time at which the City Council will review the development agreement. (c) The City Council may refer the matter to the Planning Commission for further proceedings or for a report and recommendation. (d) The applicant or successor in interest thereto shall demonstrate good faith compliance with the terms of the development agreement. ORDDRFT.050 4 (e) If, as a result of such periodic review, the City Council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the City Council may commence proceedings to enforce, modify or terminate the development agreement. Section 15. Modification or Termination. (a) If, upon a finding under Section 14(e), the City Council determines to proceed with modification or termination of the development agreement, the City Council shall give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain: (1) The time and place of the hearing; (b) At the time set for the hearing on the modification or termination, the City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The decision of the City Council shall be final. ORDDR.Fr.050 5 WS *2 STAFF REPORT PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: NOVEMBER 28, I995 SUBJECT: SUBDIVISION FLAG PROPOSAL FROM BUILDING INDUSTRY ASSOCIATION, DESERT CHAPTER FOR ZONING ORDINANCE UPDATE BACKGROUND: City Council policy "Subdivision Flag Regulations", adopted October, 1994 (see Attachment 1), has been integrated into the La Quinta Zoning Update. The proposed Ordinance allows maximum 20- foot high flagpoles with maximum 18-square foot flags with the total number not exceeding eight. The flags may be approved for a six-month time period and granted an extension of up to six months. The Building Industry Association (BIA) in recent meetings has submitted suggested modifications which they feel should be implemented. In their letter of October 24, 1995, the BIA made six suggestions for the new Subdivision Flag Regulations (see Attachment 2). The BIA suggestion is as follows: 1. Flags would be allowed at 100-foot intervals, in the right-of-way/parkway, alongside the public roadway on which the primary entrance of a housing development is located. 2. Flags would be allowed at 300-foot intervals alongside other roadways immediately adjacent to the housing development. 3. One flag would be allowed in front of each model home in the housing complex. 4. In no case, would the total number of flags per housing development exceed 75 flags. 5. Both rigid and non -rigid flags would be allowed. 6. In the case of more than one development utilizing the same entrance, the total flags would be as for one developer for the area in question, with each dividing those allowed on an alternate basis. PCSs.I I I The BIA in a second letter dated November 1, 1995, further suggests that the six -months approval with a six-month extension be changed to allow the subdivision flags to remain in place until the last unit in the development is sold, as long as the developer maintains the flags as per Ordinance requirement (see Attachment 3). Staff has prepared one example of a hypothetical tract showing how this would be implemented (see Attachment 4). The BIA's recommendations deal primarily with the number of flags and type of flags. The 75 maximum flags is considerably more than the present eight flags permitted under current policy and drafted in the Zoning Ordinance Update. RECOMMENDATION: The Planning Staff recommends that the Planning Commission review the BIA recommendation and determine whether changes to the draft Subdivision Flag requirements in the Zoning Ordinance are warranted. Attachments: 1. Subdivision Flag Policy 2. Letter from BIA dated October 24, 1995 3. Letter from BIA dated November 1, 1995 4. Sample of flag locations based on BIA recommendation Pcss. t 11 SUBDIVISION FLAG POLICY 1. Eight flags shall be considered the maximum number of flags permitted. 2. The pole heights shall be a maximum of 20-feet in height for the perimeter of the project and 16-feet for the interior. 3. The size of each flag shall be a maximum of 18 square feet for the perimeter and 12 square feet for the interior. 4. Rigid flags, secured on more than one side, are not permitted. S. The flags may vary in color or have multiple colors, but fluorescent colors are not allowed. 6. Any wording on the flags shall be limited to the name of the subdivision and/or name of the developer. Flags which have a phrase or part of a phrase which is read on multiple or subsequent flags shall not be allowed. 7. The flags shall be approved for a six month period then reviewed by the Community Development Department and if in acceptable condition, granted an extension for up to six months. 8. There shall be no more than one flag per pole. 9. The height of the flag pole shall be measured from finish grade at the property line. 10. The flag pole size shall be determined by the lateral load and size of the flag. Staff shall supply applicants with the acceptable standards. FORM.042 !o-1$-q4— 41� IN�G 9�SOCIA'��2 Desert Chapter Building Industry Association of Southern California, Inc. October 24, 1995 Mr. Jerry Herman City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Jerry: As a result of our recent meeting, it is requested you submit the following suggested changes to the City's real estate flag regulations for consideration: Flags would be allowed at 100 foot intervals, in the right of way/parkway, alongside the public roadway on which the primary entrance of a housing development is located. Flags would be allowed at 300 foot intervals alongside other roadways immediately adjacent to the housing development. One flag would be allowed in front of each model home in the housing development. In no case, would the total number of flags per housing development exceed 75 flags. Both rigid and non -rigid flags would be allowed. In the case of more than one development utilizing the same entrance, the total allowed flags would be as for one developer for the area in question, with each dividing those allowed on an alternate basis. If you have any questions, please give me a call. Respectfully, Ed Kibbey Executive Director 77-564 Country Club Drive, Suite 400-13, Palm Desert, CA 92211 (619) 360-2476 Fax #(619) 772-3372 m - Desert Chapter Building Industry Association of Southern California. Inc. November 1, 1995 Mr. Jerry Herman City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Jerry: In reviewing my correspondence file, I noticed in my letter to you dated October 24, 1995, concerning development flags, I left out a very important request. At the present time, the city requires periodic renewal of flag permits. We feel that such a requirement adds nothing to the legislation nor its enforcement. Since enforcement is based on the appearance and number of flags, which is discovered through on site inspection and not permit renewal, we would request that there be no permit renewal requirement. In place of this requirement, we would request that language be considered which says flags, once permitted, could remain in place until the last unit in the development is sold, as long as the developer maintains the flags as per ordinance requirements. We respectfully request that this section be added to my original correspondence and be an integral part of the request for ordinance modification. 77-564 Country Club Drive, Suite 400-13, Palm Desert, CA 92211 (619) 360-2476 Fax #(619) 772-3372 �► iv�-�T� �. �T��T • • • s o I�oo� e e -ry IGGt e -rY P c c.al • t 0 e s IMO (Dr-, L`5 L&� ®L+a6i p too -AO,0 300 40x-., se�! Lj2, s-rfz� t SXAM'L:E� ee4m di i 13l A i0r'brDs)4L. WS u3 MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: NOVEMBER 28, 1995 SUBJECT: LA QUINTA ZONING ORDINANCE UPDATE BACKGROUND: The last Zoning Ordinance Update occurred on October 24, 1995. At that time, the Commission reviewed the Definition Section. Attached are Chapter 9.200 - 9.290 for review. Please note staff has handwritten additional changes to the Ordinance. RECOMMENDATION: Staff recommends that the Planning Commission review the submitted Zoning Ordinance Update Chapters and determine acceptability. Attachments: 1. Chapters 9.200 through 9.290 MEMOSS.242 �C CHAPTER 9.200: DISCRETIONARY REVIEW � .y Sections: 9.200.010 Discretionary Actions ................................ 1 9.200.020 Discretionary Review Authority ....................... 1 9.200.030 Combined Applications .............................. 3 9.200.010 Discretionary Actions. A. Definition of Discretionary Action. All permits and other actions described in Chapters ... are discretionary. A discretionary action is an action which the City has the right to either approve or disapprove. Chapters ... set forth the procedures for processing discretionary applications and the criteria and conditions necessary so that an appropriate decision may be made by the City on each such application. B. Persons Who May File Applications. An application for a discretionary permit or other discretionary action such as a zone change or general plan amendment may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency. C. Application Filing Applications for discretionary permits or other discretionary actions shall be filed with the p �d Development Department on forms prescribed by the Director, together with: (1) all maps, plans, documents and other materials required by the Director, and (2) all required fees per Chapter .... The Director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. D. Determinations Regarding Applicability. When it is not immediately apparent which type of discretionary action applies to a proposed project, the Director shall decide. The Director's decision shall be based on the Director's determination of the characteristics of the project and the purpose of each discretionary action as set forth in Chapters .... In cases where the Director concludes that because of unusual project characteristics the determination may materially affect achievement of the objectives of this Zoning Code as stated in Section..., the Director shall refer the determination of applicability to the Planning Commission. E. Legal Actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this Chapter shall be governed by the applicable provisions of the state Planning and Zoning Law (Government Code Section 65000 et seq). 9.200.020 Discretionary Review Authority. A. Decision -Making Authority. Table 9-..., following, specifies the decision -making authority for each of the various discretionary actions described in Chapters .... An "A" or "PH" means that the official or body at the top of the column has decision -making authority for the application. An "A" means that the application is reviewed administratively without a public hearing. A "PH" means that LQZC............................................••••••.............••..........................................................................••..........._...................._......_......... 1 :a; DISCRETIONARYREVIEW................................................................................................................................ [Draft: 316195] a public hearing is required before action is taken. An "R(PH)" means that the Planning Commission is responsible for holding a public hearing and forwarding a recommendation to the City Council. TABLE 9-... DISCRETIONARY REVIEW AUTHORITY Type of Application . DECISION -MAKING AUTHORITY Director of Planning City Council P)lanning/lDevel. Commission General Plan Amendment R(PH) PH Zoning Code Amendment R(PH) PH Zone Change R(PH) PH Specific Plan R(PH) PH Variance PH Conditional Use Permit PH .. Site Development Permit '-A*--0i" PH� Minor Use Permit A 02 p1j ;* Minor Adjustment A Temporary Use Permit A Home Occupation Permit A Sign Permit A Certificate of Occupancy A er y ra tng co -de Subdivisions Per City Subdivision Code Environmental Review Per City Environmental Review Procedures * N sion-making authority to be determined by the Direc%r on a case -by -case basis. L o)C, tz-a"- ►v'L- LQZC.............................................................................................................................................................................................. Z DISCRETIONARYREVIEW.....................................................................................••---........---..........-•----........... [Draft: 3161951 B. Referral by Director. Any application for which the Director has decision -making authority may be referred to the Planning Commission for review if the Director determines on a case -by -case basis that the public interest would be better served by such referral. In such cases, the Director shall also determine if a public hearing is required. C. Administrative Action. The discretionary permits to be acted upon administratively by the Director per Table 9-..., preceding, are those which are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding community or the environment. A public hearing or public notification is not required for administrative actions, although the Director may notify residents or property owners near the subject property if the Director determines on a case -by -case basis that the public interest would be served by such notification. D. Public Hearings. Public hearings shall be noticed and held in accordance with Section ... for those applications shown in Table 9-... as requiring a hearing. 9.200.030 Combined Applications. At the discretion of the Director, applications for different types of permits or other discretionary actions may be combined and processed concurrently in one application with one fee deposit so long as all applicable processing requirements and all required findings are satisfied. The following rules shall apply to such combined applications: 1. When an application requiring a public hearing is combined with one not requiring a public hearing, the combined application shall require a public hearing. 2. The final decision on the combined application shall be made by the highest applicable decision -making authority pursuant to Table 9-... preceding. For example, the decision on an application combining a zone change and a conditional use permit shall be made by the City Council. 3. The applicable fee(s) shall be deposited in accordance with Chapter.... LQzC...................................••------.....----•------............----..........--.--.---•-.---...--.---........................._.......----.................._....-.----...-.---.---... 3 CHAPTER 9.210: GENERAL PERMITTING PROCEDURES Sections: 9.210.010 General Provisions ................................ 4 9.210.020 Permit Applications ............................... 4 9.210.030 Review of Multiphase Nonresidential Projects .......... 5 9.210.040 Action by Decision -Making Authority ................ 6 9.210.050 Time Limits on Processing Applications ............... 7 9.210.060 Permit Expiration and Time Extensions ............... 7 9.210.070 Modifications by Applicant ......................... 8 9.210.080 Amendments to Discretionary Permits ................ 8 9.210.090 Public Hearings .................................. 9 9.210.100 Appeals ........................................ 10 9.210.110 Permit Revocation ............................... 12 9.210.010 General Provisions. A. Applicability.The provisions of this Chapter shall apply to the processing of all discretionary permits. B. Definition. A discretionary permit is a discretionary action which is specific to an individual property and which authorizes a specified land use or uses and/or a specified development on the property. C. Applicable State Law. It is intended that the provisions of this Chapter shall be consistent and in full compliance with Section 65920 et seq and other applicable sections of the state Government Code and that such provisions shall be so construed. D. Applicability of Permits to Property. All rights granted by the approval of a discretionary permit remain with the affected property and all entitlements, conditions, and requirements of a discretionary permit are passed on to the new property owner when there is a change of ownership. E. Enforceability of Permit Provisions. All conditions, requirements and standards specified either in writing or graphically as part of any approved discretionary permit granted by authority of this Chapter shall have the same force and effect as this Zoning Code. Any land use or development established as a result of an approved discretionary permit which is not in compliance with all such conditions, requirements or standards shall be in violation of this Chapter, and Chapter ... regarding enforcement provisions shall be applicable. 9.210.020 Permit Applications: A. Who May Apply. A property owner, an agent with notarized written authorization from the property owner, or a public agency may submit an application for a discretionary permit. B. Submittal of Applications. Applications for discretionary permits shall be filed with the PC-amm Development Department, on forms prescribed by the Director, together with: (1) all maps, plans, documents and other materials required by the Director, and (2) all required fees per Chapter .... The Director shall provide the necessary forms plus written filing instructions specifying fJ ri p- GENERAL PERMITTING PROCEDURES.................................................................................................... [Draft: 3161951 all materials and fees required to any requesting person at no charge. C. Acceptance of Applications as Complete. Within 30 days of receipt of a permit application, the Director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. D. Preparation of Environmental Documents. When it is determined that an environmental impact report or a negative declaration is required for a proposal, the application for that proposal shall not be deemed complete until the applicant has deposited with the �`' Development Department sufficient funds to pay for the cost of completion of the environmental impact report or negative declaration. The Director shall determine the amount of funds required to be deposited for the preparation of an environmental impact report or negative declaration and shall advise the applicant of that amount within ten days after the application is filed with the 114a-and Development Department. LOM Nil 9.210.030 Review of Multiphase Nonresidential Projects. A. Applicability. Large nonresidential projects often include development phases submitted subsequent to initial project approval (such as shopping centers with anchor stores in the initial phase and perimeter fast food restaurants in later phases). This Section sets forth procedures for review of such phased projects. B. Master Site Development Permit. When a multiphase project is submitted, a master site development permit (SDP) case number shall be assigned. This master SDP will cover review of the following: (1) Buildings, development details, and other improvements within the initial phase. (2) Land uses, approximate pad locations and sizes, and related information for all subsequent development phases. C. Subsequent Phases. If the master SDP is approved, applications for subsequent development phases shall be processed under separate site development permits (and other permits if required). D. Director's Authority. The Director may vary from the preceding procedures in individual cases if the Director determines that public review of the project will be enhanced or that the public interest will otherwise be better served. LQzC.............................................................................................................................................................................................. 5 GENERAL PERMITTING PROCEDURES [Draft: 316195] 9.210.040 Action by Decision -Making Authority. A. Possible Actions. The decision -making authority may take one of the following actions on each application: 1. Approval. Simple approval of an application means that no conditions or requirements other than those specified by the application are imposed. After the action's effective date defined in Subsection C of this Section and after approval of any required plan revisions per Subsection D of this Section, the proposed land use or development may be established in compliance with all applicable regulations and the approved project plans and specifications. 2. Conditional Approval. Any applica ' maybe approved subject to compliance with conditions. Conditions may require dedication of , installation of improvements, the posting of financial security to guararltee performanc , or other conditions necessary to achieve the objectives of the General P1arLand this Zoning Code. After the action's effective date as defined in Subsection C of this Section and after approval of any required plan revisions per Subsection D of this Section, the proposed land use or development may be established in compliance with all applicable regulations, the approved project plans and specifications, and the requirements of the conditions of approval. 3. Denial. When a conditional use permit or site development permit application has been denied, an application for the same or a similar use on the same property shall not thereafter be accepted for a period of one year from the date of final determination, except that the decision -making authority may specify that this time limitation shall not apply. This time limitation on resubmittal of applications is not applicable to other discretionary permits. 4. Withdraxrtl. With the concurrence of or at the request of the applicant, any discretionary permit application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed. B. Action in Writing. The decision on each application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval shall be in writing. A copy of the written determination shall be forwarded to the applicant following the date of final determination and shall be made available at cost to any person requesting such a copy. �a C. Effective Date. The determination of the decision -making authority shall be effective 15rdays after the date the decision is made and after all appeals, if any, have been acted on. fl.(-%, se­e*o, 9 D. PlhkRevisions per Condition of Approval. When the decision- aking authority approves an application fo y discretionary permit in a manner that is different from at which was presented to LQZC---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 6 GENERAL PERMITTING PROCEDURES [Draft: 3161951 ---------------------------- it, it may equire revised plans to be submitted a a condition of approval. o building or grading permits or rtificates of occupanc authorized by discretionary permit shal be issued until such revised plans\th tted to the Devel ment Department and fo Ind by the Director to be consiste action of the decision -making uthority. If such revisio is not submitted within 60 daaction's effective date or within a 'me otherwise specified the decision - making authormit approval shall thereafter be null void. However, prior to a expiration of this periodfor may grant one extension of time of additional 60 days if it i requested and justified by the applicant. D. -E. Tie Votes. If action on a discretionary permit or another discretionary review application results in a tie vote by the decision -making authority, such vote that shall constitute denial of the: etion � ���" eG 1. Discretionary permit; p , 2. Appeal of an action on a discretionary review item pursuant to Section .... A tie vote shall allow �s l the original decision to stand; ht 3. A proposed permit revocation pursuant to Section .... A tie vote shall allow the permit to remain h valid; 4. A proposed zone change or zoning code text amendment pursuant to Sections ... and ... respectively. 5. A proposed general plan or general plan amendment pursuant to Section .... 6. A proposed specific plan or specific plan amendment pursuant to Section .... 7. A proposed subdivision tract map or parcel map pursuant to Section .... 8. A proposed development agreement pursuant to Section .... V— T. Use of More Restrictive Standards. In conjunction with approval of a discretionary permit, the decision -making authority may impose more restrictive site development standards than set forth in this Code in order to make the required findings for each type of permit as specified in Chapters .... 9.210.050 Time Limits on Processing Applications. Discretionary permits shall be processed within the time limits specified in Chapter 4.5 of the state Planning and Zoning Law (Government Code Section 65920 et seq). Time periods specified in Section ... regarding actions on appeals shall be in addition to the preceding Government Code time limits. 9.210.060 Permit Expiration and Time Extensions. A. Period of Validity. The period of validity for a discretionary permit shall begin on the permit's effective date as set forth in Subsection .... The period of validity shall run indefinitely unless it expires pursuant to Subsection C of this Section. B. Establishment. A discretionary permit shall be deemed established if the following actions occur LQZC.......................................................................................................................................................................................... �r GENERAL PERMITTING PROCEDURES---•-•.......................................................•------....••••••............•...•••••. [Draft: 316195] within 24 months of the permit's effective date or within such other time period designated by the permit approval: 1. In the case of a discretionary permit where ministerial permits are required, such permits have been issued. 2. In the case of a discretionary permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued. C. Expiration. A discretionary permit shall expire and be of no further force or effect if: 1. The permit is not established within 24 months of the permit's effective date or such other time period designated by the permit approval, by state law, or by this Code; or 2. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. D. Time Extensions. Upon application before expiration of the period of validity, the original decision -making authority may grant an extension to the period of validity for up to one year if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision - making authority. 9.210.070 Modifications by Applicant. A. Plan Modifications by Applicant. Plans modified at the initiative of the applicant from those approved by the decision -making authority may be submitted to the Director. B. Procedures. If the Director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision -making authority, and complies with the spirit and intent of the original approving action, the Director may approve the modified plan without further compliance with this Section. If the Director determines that the plan modification may result in a significant change in the project, the Director shall refer the change to the original decision - making authority. 9.210.080 Amendments to Discretionary Permits. A. Content ofAmendments. Permit amendments are required for substantial revisions to conditions of approval, alterations to approved plans which are more substantial than the modifications provided for in Section ... preceding, new or additional land uses, or similar major changes. LQZC................................................................................................................................................................................... 8 _� i GENERAL PERMITTING PROCEDURES.................................................................................................... [Draft: 3161951 B. Procedures.A discretionary permit may be amended any number of times by the approval of a subsequent application. All permit amendments shall be for the same parcel or property for which a discretionary permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the same filing fee required for an original application. Amendments shall be processed in the same manner as an original application. 9.210.090 Public Hearings. A. Applicable State Law. Public hearings required for discretionary actions shall be carried out in accordance with the procedures set forth in this Section. It is intended that the provisions of this Section ... shall be fully consistent and in full compliance with Section 65090 et seq of the state Government Code and that such provisions shall be so construed. B. Failure to Receive Notice. Pursuant to state Government Code Section 65093, the failure of any person to receive notice shall not constitute grounds for any court to invalidate the action of the decision -making authority. C. Conduct of Hearings. Public hearings shall be noticed in accordance with Subsection D of this Section and then held by the decision -making authority prior to action on the relevant application. At the public hearing, the decision -making authority may take action on the application, continue the application to a specified date, or take the application under submission. An application taken under submission may later be taken out of submission for the purpose of taking action on the application without scheduling a new public hearing provided no additional testimony is heard and no further evidence is presented. Further testimony may be heard and further evidence may be presented regarding an application taken under submission only if a new public hearing is held in compliance with this Section. D. Noticing Requirements. Not less than t n calendar days prior to the hearing, the City shall: Mail or deliver a public notice, which includes the date, time and place of the hearing, the application number, the applicant's name, the location of the property affected, and a description of the land use, development, or other action proposed, to: a. The owner of the subject real property. b. The owner's authorized agent, if any. c. The project applicant. d. Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project. S e. All owners of real property as shown on the last equalized assessment roll within �00 feet of the subject real property. If the number of owners to whom notice would be mailed is LQZC.............................................................................................................................................................................................. 9 GENERAL PERM17TING PROCEDURES .. ... [Draft:3161951 greater than 1000, the City may instead place a display advertisement of at least one -eighth page in a newspaper of general circulation at least tkn days prior to the hearing; and a► 2. Publish a legal notice in a newspaper of general circulation or post a notice at two public places in the City and one place at the subject site. Gavv�, E. Additional Notice. The Izamieg-emd Development Director may require that additional notice be given by enlarging the notification radius or by other means determined by the Director. F. Other Notice. The City shall also provide any other notice required by law. 9.210.100 Appeals. A. Appealable Decisions. Any discretionary action by the Director may be appealed to the Planning Commission and any discretionary action by the Planning Commission may be appealed to the City Council in compliance with the provisions of this Section. n B. Designation of Board Appeals. The Planning Commission shall constitute the board of appeals for decisions by the 114AAQ� Development Director and the City Council shall constitute the board of appeals for decisions by the Planning Commission. C. Persons Who May Appeal. Any interested person may appeal a decision of the Director or the Planning Commission regarding the action taken on a discretionary permit application for a development project upon submittal of the required documents and information and the payment of the required fee. .tu Mw►urv) � l�e�b �$ Gt ctl avl5 D. Call -Up Review. The board of appeals (either the Planning Commission or City Council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the Director or the Planning Commission regarding the action taken on a discretionary permit application. The board of appeals' call-up review shall be processed in accordance with Subsection E of this Section and may be exercised at any time prior to the expiration of 15 days from the date on which the decision was made. If the board of appeals exercises its right of call-up review, the applicant shall be responsible to pay for the cdsts associated with the appeal pursuant to the fee requirements of Section ... - 6,�� , E. Appeal Procedures. 1. Time Limits for Filing Appeals. All appeals shall be filed with the Director within 15 calendar days of the date on which the decision being appealed was rendered. If the. 15th day is a nonworking day for the City, the appeal period shall be extended to include the next City LQZC........................................................................................._..................... 10 41 � GENERAL PERMITTING PROCEDURES [Draft: 3161951 working day. No appeal shall be accepted after the appeal period has expired. 2. Required Documents. Each appeal, except for call-up reviews initiated by a board of appeals on its own motion, shall be in writing and shall include all grounds for the appeal and sufficient information so as to make it clear to the board of appeals the substance of each of the grounds for appeal. The Director may require that the written appeal be accompanied by such other documents and information that the Director determines to be necessary to adequately explain and provide proper notification for the appeal. No appeal shall be accepted if it fails to contain the grounds for the appeal and the description of the grounds. 3. Forwarding of Records. When an appeal has been received, the Director shall forward to the board of appeals all documents and information on file pertinent to the appeal together with the minutes or official action of the decision -making authority and a report on the basis of the decision. 4. Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing. Notice and scheduling requirements for an appeal hearing shall be the same as those for an original hearing as described in Section .... 5. Issues to be Considered. The board of appeals may refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or written correspondence made at or before the time the decision -making authority took action. When reviewing a decision -making authority's decision via its own call-up review, the board of appeals may raise and consider any issue it deems appropriate to the project application. 6. Action on Appeal. Not later than 45 days after an appeal has been received and accepted by the Director, the board of appeals shall consider the appeal and take one of the following actions: a. Take action to sustain, reverse or modify the original decision. If an original decision to approve a project is modified, the board of appeals may modify permitted land uses, place additional or different conditions of approval on the project, direct that revisions be made to project plans, or require other project modifications. b. Continue the appeal for further consideration. c. Refer the application back to the original decision -making authority with directions. 7. Majority Vote. Action by the board of appeals to reverse or modify an appealed decision shall require a majority vote of appeal board members present. If there is a tie vote, the original decision shall stand. LQZC..........................................................•.........---•-----..........----........-•----.....---.........................-----.....----.......---...._...._..........._..---- 11 GENERAL PERMITTING PROCEDURES [Draft: 3161951 9.210.110 Permit Revocation. A. Grounds for Revocation. Any discretionary permit may be revoked by the decision -making authority or the City Council pursuant to the provisions of this Section on any of the following grounds: 1. Such approval was based on inaccurate or misleading information. 2. One or more of the conditions upon which such approval was granted or extended have been violated. 3. A change in conditions occurring after the original grant of the approval or the continuation of the use as approved is contrary to public health, safety or general welfare, or is detrimental or incompatible with other permitted uses in the vicinity. 4. The findings which were the basis for the original permit approval can no longer be made. sexy a 5. Other grounds as set forth elsewhere in this Code such as but not limited to those for adwt Y business conditional use permits (Subsection ...). © 0-1 •P.V►be,JL B. Procedure.Prior to any action on revocation, the decision -making authority shall hold a public hearing noticed and held in accordance with Section ..., except that the permittee shall be given not less than 15 days notice. The notice shall state the causes for which the revocation is to be considered. C. Action of Decision-MakingAuthority. Following the hearing, the decision -making authority may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit. D. Amortization. If a revocation of any permit is ordered, the decision -making authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the decision - making authority by any affected person. E. Appeal.Any action by the decision -making authority pursuant to this Section may be appealed as set forth in Section .... F. New Decision -Making Authority. If the decision -making authority which granted a permit is no longer in existence or no longer issues such permits, the authority which would issue such permit at the time revocation is to be considered shall be the decision -making authority as that term is used in this Section. LQZC.....-----••...............................••--......................---.....----.........................---............•---••--••---••--•-•--••--••--....--••---•--•-•-----•---............. 12 r CHAPTER 9.220: DISCRETIONARY PERMITS Sections: h o ~i h/\p u_o,---,-'N-9.220.010 Compatibility Review for Multiphase Residential Projects ...... 13 9.220.020 Site Development Permits ............................... 15 9.220.030 Conditional Use Permits and Minor Use Permits ............. 16 9.220.040 Variances ............................................ 17 ib 9.220.050 Minor Adjustments ..................................... 19 (� 9.220.060 Temporary Use Permits ................................. 21 9.220.070 Home Occupation Permits ............................... 22 .inn nun 22 9.220.090 Sign Permits..........................................23 cy..................23 9.220.010 Compatibility Review for Multiphase St.t 6 0 t VL 5 A. Purpose. Residential grrejeets are often developed in phases -- either by the same or differen developers or by i vidual owner -builders. This Section imposes requirements to ensure that r�eaw mGt�h �A pt>aa o�1M. in such protects are compatible in design and appearance with those already constructed. TµA'r A. V l rpEF Cp_r fp A& T1-;0Sr, o(Ltts, IO AL_�'i B. Applicability. This Chapter applies to all new residential unitsTpwpese4 for construction within a partially developedlThese requirements are in addition to other applicable regulations in this Code. SU6C)J J6104 , c.)t..cto Cuqi"e:'yV%. ha4'5.� su bd.tvtsl' C. Site Development Permit Required. Residential units subject to this Section are subject to approval of a site development pe��nthe Planning Commission per Section .... Applications for such permits shall be filed with the Ping tad Development Department on forms prescribed by the Director together with: (1) all maps, plans, documents and other materials required by the Director, and (2) all required fees per Chapter .... The Director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. D. Acceptance of Applications as Complete. Within 30 days of receipt of a permit application, the Director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. No application shall be processed until all required materials have been submitted and the application deemed complete. E. Public Hearing Required. A public hearing shall be noticed and held per Section ... prior to Planning Commission approval or denial of any site development permit under the compatibility review provisions of this Section. The Planning and Development Director may require that additional notice be given by enlarging the notification radius or by other means determined by the Director. F. Precise Development Plan. k;peft appre*a4, a site development permit approved under the compatibility review provisions of this Section constitutes a precise development plan. Therefore, the LQZC.......................................................................................................................................................................... ..... ...-.. 13 i' 1 4 DISCRETIONARYPERMITS................................................................................................................................ [Draft: 316195] residential development authorized under the site development shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. G. Required Findings. in addition to the findings required for approval of a site development permit per Section ...., the following findings shall be made by the decision -making authority prior to the approval of any site development permit under the compatibility review provisions of this Section: 1. The development standards of Subsection ... of this Section have been satisfied. 2. The architectural and other design elements of the new residential unit(s) will be compatible with and not detrimental to other existing units in the project. standards of the new s), mclud' ut not imite to , riPgio�� a� sim' r�es 1 be c atible wi ,and not to\, tither existing uits in the subdivisi H. Development Standards for Compatibility Review. No residential unit shall be approved under compatibility review unless the Planning Commission determines that it complies with the following development standards: 1. A two-story house shall not be constructed adjacent to or abutting a lot line of an existing single -story home constructed in a prior phase of the same subdivision unless proof can be provided showing that a two-story unit was proposed for lot by the prior builder. new �� shall 2. If lot fencing has been provided in the subdivision, the developer mtt9t provide the same or better type of fencing for the new dwelling, as determined by the Planning Commission, including any perimeter subdivision fencing. 3. Proposed single-family dwellings shall be compatible to existing dwellings in the project or to dwellings which are approved for construction as shown on the plans and materials board, unless otherwise approved by the Planning Commission, with respect to the following design elements: a. Architectural material such as roof material, window treatment and garage door style; b. Colors; and c. Roof lines 4. At least one specimen tree (24-inch box size or larger) shall be provided in the front or street side yard. 5. The single-family dwelling units proposed within a partially developed subdivision shall not GQZC...............................................................................................................................................................................•.............. 14 DISCRETIONARY PERMITS.................................................................................................. ..... [Draft: 3161951 rr�relg�, cV1 deviate by more than ten percent from the square footage of the existing or approved units. aS cov►&irrckc&r,�:1 b y -bVA- ortg i hcta. da-r► I�p.cn . I. Commission Discretion on Unit Types. The Planning Commission, in reviewing dwelling units under this Section, may limit the type and the number of a particular unit to be constructed within a subdivision. J. Appeals. The applicant or any other aggrieved party may appeal decision of the Planning Commission in accordance with the provisions of Section ... [analogous to 'plot plans'; Ch. 9.180 of existing Code] A. rminology. For purposes of this Code, site, architectural, landscaping and related development plans are ihQluded within the term "site development permit". B. Purpos . The purpose of a site development permit is to ensure that the development and design standards of this ing Code, including but not limited to permitted uses, development standards, and supplemental regula ions are satisfied. The site development permit process provides a means of achieving this purpose ough City review of detailed plans for proposed development projects. C. Applicability. A sit eveloprr construction except the follow \ap 1. Alterations to single fapermit is required by Zoning Code (e.g. approval of 2. Signs (requires sign permit per permit is required for all projects which involve building or associated accessory structures, unless a site development )le discretionary permit or by a specific provision of this height fences per Section ...lie ). ctl. 3. Temporary uses (requires temporary us permit per Section ...). D. Decision -Making Authority. Site developm\.unless s shall be processed administratively by the Community Development Director per Subsectithe Director determines on a case -by - case basis that the public interest would be bettey a public hearing before the Planning Commission. In such cases, the site developmentall be processed pursuant to the public hearing requirements of Section .... E. Precise Development Plan. Upon approval, a site dev lopment permit constitutes a precise development plan. Therefore, all development authorized under a 'te development permit and any land uses associated with the development shall be in compliance th the plans, specifications, and conditions of approval shown on and/or attached to the approved pe it. LQZC.............................................................................................................................................................................................. 15 FROM : LAWRENCE ASSOCIATES PHONE NO. : 714661482e Oct. 12 1995 10:28AM f 9.220. DPSCRET101VARY PERNIITS [Draft: 101121951 9.220.020 Site Development Permits. Sign' "mm-11 , A. Terminology. For purposes ofthis Code, site, architectural, landscaping and related development plans are included within the term "site development permit". B. Purpose. The purpose of a site development permit is to ensure that the development and design: standards of this Zoning Cade, including but not limited to permitted uses, development standards, and supplemental regulations are satisfied. The site development permit process provides a means of achieving this purpose through City review of detailed plans for proposed development projects. C. Applicabilitt1. A site development permit is required for all project; which involve building construction except the follow g i 1. hAlterations to single family homes or associated accessory structures, unless a site development permit is required by an applicable discretionary permit.or by a specific prmisio of tads r �- '3,, Temporary uses (requires temporary use permit per Section...). Plate, �,,,,�w►.►�..�� D. Decision -Ma ingAuthority. Site development permits shall be processed adnti,siltintrr6y by the per Subsection ... unlessOR i,''',.. r off.--Rirrwtdr r�atarmin er served by a &FISHMA&M no* F. Precise Development Plan. Upon approval, a site development permit constitutes a precise development plan. Therefore, all development authorized under a site development permit and any land uses associated with the development shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. G. Required Findings. The following findings shall be made by the decision -making authority prior 15 The Planning Commission, upon completion of its review, may attach appropriate cond FROM : LAWRENCE ASSOCIATES y RIFVVIW-E to any sign program approval. In order to approve a planned sign program, the Comm 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: i22o. DdscRET1oNAAtYPf RwTs (1) Other signs included in the planned sign program. This shall be accomplish incorporating several common design elements such as materials, letter style, c illumination, sign type or sign shape. (2) The buildings they identify. This may be accomplished by utilizing materials, c or design motif included in the building being identified. to the approval of any site development permit: (3) Surrounding development. Approval of a planned sign program shall not ad% affect surrounding land uses or obscure adjacent conforming signs. 1. Consistency with Cenerul Plan. The project is consistent with the General Plan. 2. Consistency with Zoning Code. The project is consistent ��rith the provisions of this zoning Code. 3. Compliance with CEQ.-!. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. •o, I1Ig : es. 14proval(n�f�tl,.e icad 'll not to c ndit ns a rially/ tal t the 1public heals, Sa etYI g , ana\ ner lfare or : juri i r omp ti le v ier pr pe�ges or and\ises iza t?t6 vici ity. goq r l zsi ri o o ec �itaOP -A 40M.-J . _ _ _. . _ r..�f-.w�rz..�4T^ �3C'.:.1:�L: erea•in S..���- �°":�_,�`n�s>�.�,';`°T��`�,t�-.dt�S,'l�l_of.��..�{'iy��•�'i�_:�`2�r'��Er�'�Z.O#Irn���°3�'a�:�� .l�• m � ii tba.. G`Y_ .A� •� `��w. y1.. rY./d 1.'Lf..f _ 4'..'.e:A�.._ .x��ter�c.'?1��117i'ti�j(R�j'�i� •�y.z�ii�'�'�.c.�;':�.��.�,. .�'��.... __.G .. ph,inttid3 ' liiit'ztsmit r^o, ,:ea�s5 cQe:`a�vezap. ova ides �..:. a ....�... -. � � �iZ tia �z�1 � z%sf d:�pW♦�e���rW ��r-^--,- Fyn1�T$tried°l`,;�11;tianQ�,,r.�•`I§tIl�.�it��'�? ��. �.,....�` .. �w...:.M1l'N Nb?'�Iu1b+ •��V��� b.'.JN�.o•: • ...�5%:�.4x..-. . An+_rY. `• rl, r:. �luur.a a. '1 H..zIppeals. Appeals to decisions on siw development permits shall be reviewed pursuant to Section .... I. Expiration and Time Extensions. The period of validity for establishment of a site development permit is one year from its effective date as defined in Section .... Time extensions may be granted pursuant to Section .... 1. Amendments. Amendments to site development permits shall be processed pursuant to Section K. Staff Certification of Construction Documents. Prior to issuance of a building permit, the 16 DISCRETIONARYPERMITS................................................................................................................................ [Draft: 31101951 F in gs s 1 be made by the decision -making authority prior to the approval of any site development permit: 1. Consistency with General Plan. Th roject is consistent with the General Plan. 2. Consistency with Zoning Code. he project is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. P cessing approval of the permit application are in compliance with the requirements of e Californi nvironmental Quality Act. 4. Surrounding Uses. Ap oval of the appl tion will not create conditions materially detrimental to the public health, afety and gener welfare or injurious to or incompatible with other properties or land u s in the vicinity. G. Appeals. Appea to decisions on site velopment permits shall be reviewed pursuant to Section .... H. Expiratio nd Time Extensions. The period of validity for establishment of a site development permit is one y from its effective date as defined in Section .... Time extensions may be granted pursuant to ction .... I Amendments. Amendments to site development permits shall be processed pursuant to Section Kb Staff Certification of Construction Documents. Prior to issuance of a building permit, the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the site development permit. 9.220.030 Conditional Use Permits and Minor Use Permits. A. Purpose. The purpose of a conditional use or minor use permit is to provide for individual approval or denial of land uses requiring such a permit under Section .... Such uses have potential for adverse impacts on surrounding properties, residents, or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. For purposes of this Section, the term "use permit" means both conditional use and minor use permits. B. Applicability. A conditional use permit or a minor use permit is required for all land uses identified as requiring such a permit in Sections ... and .... LQZC---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 16 DISCRETIONARYPERMITS-------------------------------------------------------------------------------------------------------------------------------- [Draft: 3110195] C. Decision -Making Authority. Conditional use permits shall be reviewed by the Planning Commission in conjunction with a public hearing held pursuant to Section .... Minor use permits shall be processed administratively by the Development Director pursuant to Subsection ... unless the Director determines on a case -by -case basis that the public interest would be better served by a public hearing before the Planning Commission. D. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications, and conditions of approval shown on and/or attached to the permit at all times. E. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of any use permit: 1. Consistency with General Plan. The land use is consistent with the General Plan. 2. Consistency with Zoning Code. The use is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. F. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section .... G. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the use pursuant to Section ..., and/or may establish an expiration date on the use permit itself. Time extensions may be granted pursuant to Section .... H. Amendments. Amendments to use permits shall be processed pursuant to Section .... Certificat' of Constru to ocuments. If ve ment is pr i for r d use prior ssuanc of a ilding p rmit the rector s 1 certify t final onstru ioo ume is n to pre in plans the atic elevate s, eliminary site landscap 1 s, etc.) �d as part o e use permit. 9.220.040 Variances. A. Purpose. The purpose of a variance permit is to provide for deviations from applicable standards LQZC---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 17 ---------- - — DISCRETIONARY PERMITS.............................................................................. ...... [Draft: 3/10/95] of this Zoning Code such as the development standards set forth in Sections ... and .... B. Applicability. A variance permit is required for any development which is not consistent with the site development standards of Sections ... or other regulations of this Code and which is not eligible for consideration as a minor adjustment pursuant to Section .... C. Decision -Making Authority. Variances shall be reviewed by the Planning Commission in conjunction with a public hearing held pursuant to Section .... D. Conditions of Approval. if a variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a variance permit constitutes a precise development plan. Therefore, any development or other activity authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of a variance permit: 1. Consistency with General Plan. The variance is consistent with the General Plan. 2. Consistency with Zoning Code. The variance is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. 5. Special Circumstances. There are special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. The special circumstances shall be specified in the adopted finding. 6. Preservation of Property Rights. The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property. LQZC.............................................................................................................................................................................................. 18 r.��1 DISCRETIONARY PERMITS .............................................................................................. [Draft:3161951 7. No Special Privileges. The variance permit's required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations. 8. No Land Use Variance. The approval does not authorize a land use or activity which is not permitted in the applicable zoning district. arrances. Notwithstanding Subsection F of this Section, a variance from the parking regula 'ons of Section ... to allow a portion of the number of required parking spaces for a nonresidential develop ent to be located offsite or to allow in -lieu fees or facilities to be provided in place of the required rking spaces may be approved if the decision -making authority finds that both of the following co ditions have been met: 1. The varhhnce will be an incentive to and a benefit for the nonresidential development. 2. The varianc will facilitate access to the nonresidential development by patrons of public transit facilities. to Section .... Gr 1, Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the variance permit pursuant to Section .... Time extensions may be granted pursuant to Section .... Fl . *i. Amendments. Amendments to variance permits shall be processed pursuant to Section .... 7: . %, Staff Certification of Construction Documents. If development is provided for under the variance permit, prior to issuance of a building permit the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the variance. prOVI Clo, W VV1 -�A L6 W ou. le� a�Jy 9.220.050 Minor Adjustments. A. Purpose. The purpose of a minor adjustment permit is to provide for minor deviations from certain specific development standards .set forth in this Code. Minor adjustments have little or no potential for adverse impacts on the surrounding community and are reviewed administratively. B. Applicability. A minor adjustment permit may be approved only for deviations specifically identifed in the applicable section of this Code. Deviations not so identified shall require consideration of a variance pursuant to Section .... LQzC...................................................................................................................................................................................•.......... 19 DISCRETIONARY PERMITS ................................................................................................................................ [Draft: 316195] C. Decision -Making Authority. Minor adjustments shall be reviewed administratively by the Director pursuant to Section ... unless referred to the Planning Commission by the Director pursuant to Section ... or combined with another application which requires discretionary review by the Planning Commission or City Council pursuant to Section .... D. Conditions of Approval. If a minor adjustment is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a minor adjustment permit constitutes a precise development plan. Therefore, any development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of any minor adjustment permit: 1. Consistency with General Plan. The project is consistent with the General Plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. 5. Public Benefit. The adjustment will result in an equivalent or better development in terms of adverse impacts and/or public benefits to other properties or land uses in the vicinity. LQZC.............................................................................................................................................................................................. 20 DISCRETIONARYPERMITS........................................................................................................ [Draft: 3/6/95] G. Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant to Section .... H. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the minor adjustment permit pursuant to Section .... Time extensions may be granted pursuant to Section .... I. Amendments to Minor Adjustment Permits. Amendments to minor adjustments shall be processed pursuant to Section .... J. Staff Certification of Construction Documents. Prior to issuance of a building permit, the Director shall certify that final cor-niction documents conform to preliminary plans (schematic elevations, preliminary site and Ian_. -pe plans, etc.) approved as part of the adjustment. 9.220.060 Temporary Use Permits. [Ed. Note: As an alternative to having this separate section to control temporary uses, these requirements could be folded into the minor use permit section and temporary uses handled via an MUP... ] A. Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents, and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment.e€the ose. B. Applicability. A temporary use permit is required for temporary uses permitted under Chapters ... of this Code. In cases where it is not immediately apparent if a use is eligible for consideration as a temporary use, the Director shall decide. C. Decision -Making Authority. Temporary use permits shall be reviewed administratively by the Director pursuant to Section ... unless referred to the Planning Commission by the Director pursuant to Section .... D. Conditions ofApproval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a temporary use permit constitutes a precise development plan. Therefore, any use or development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been made if the Director determines that the standards set forth in the applicable Section of this Code specifying regulations for the use have been satisfied. For example, Sections ... set standards for special outdoor events and model home complexes, respectively If no standards are specified, the Director shall establish such standards as conditions of approval for the particular temporary use LQzC.............................................................................................................................................................................................. 21 DISCRETIONARYPERMITS................................................................................................................................ [Draft: 316195] proposed. 9.220.070 Home Occupation Permits. A. Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. Regulations for home occupations are set forth in Section .... B. Applicability. A home occupation permit is required for home occupations conducted within a residence which are accessory to the main residential use of the dwelling and which are permitted pursuant to Section .... In cases where it is not immediately apparent if a use is eligible for consideration as a home occupation, the Director shall decide. C. Decision -Making Authority. Home Occupation permits shall be reviewed administratively by the .. ........... pursuant to Section ... unless referred to the Planning Commission pursuant to Section D. Conditions of Approval. If a home occupation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Compliance with Permit. Any use or activity authorized under a home occupation permit shall be in compliance with the specifications and conditions of approval shown on and/or attached to the approved permit. Failure to comply with such specifications and conditions of approval may result in revocation of the permit. F. Required Findings. Findings required for approval of a home occupation permit shall be deemed to have been made if the ............. determines that the standards set forth in Section ... for home occupations have been satisfied. A. ding Code. Grading and excavation operations are permitted in all districts in compliance with the regu 'ons of the City's Grading Code. B. Site Develop t Permit. In addition to the requirements of the Grading Code, grading and excavation operations are bject•to the approval of a site development permit per Section—, except for the following: /1 1. When such operations involve e%xt total number of cubic yards shall 164h, import. LQZC.................................................................................. fiction or relocation of less than 5,000 cubic yards. The larger of cut, including any export, or fill, including any ........................... 22 DISCRETIONARYPERMITS .. .....................................................•---..........----........-•---• [Draft:3161951 2. Grading and cavation conducted in compliance with an approved tentative map or conditional use permi 3. Gradi g and excavation conducted in compliance with a building permit when limited to the are ithin the perimeter (footprint) of the structure, e.g., basement or foundation. 4, ge resulting from recent acts of nature. 9.220.090 Sign Permits. Signs shall be regulated and sign permits processed in accordance with Section .... A. rminology. For purposes of this Zoning Code, "certificate of occupancy" shall mean the same as "certific of use and occupancy". B. Certifica%ithe No vacant land shall hereafter be occupied or used, except for the open space uses allowS District per Section ..., andno building hereafter erected, structurally altered or moveding previously posted as uninhabitable shall be occupied or used until a certificate of occbeen issued therefor by the Director. C. Application to Occupy B ' ding. Application for a certificate of occupancy for a new building or for an existing building which h een altered, moved, or previously posted as uninhabitable shall be made in compliance with the pro ' ions of the Uniform Building Code as adopted by the City Council. �/ D. Administration. No certificate of occU ancy building or proposed use of the building or Ian con with the conditions and requirements of any applic 1 of occupancy shall be kept on file permanently in copies shall be furnished on request to any person building or land affected. LQZC............................................. shall be issued until the Director finds that the plies with all applicable zoning regulations and discretionary permit. A record of all certificates e Planning and Development Department and h , ing a proprietary or tenancy interest in the 23 CHAPTER 9.230: ZONE CHANGES AND CODE AMENDMENTS Sections: 9.230.010 Zone Changes and Prezoning ............................. 24 9.230.020 Zoning Code Text Amendments .......................... 25 9.230.010 Zone Changes and Prezoning. A. Purpose. A zone change is a discretionary action by the City Council to change the zone designation of a property or properties on the Official Zoning Map. A prezoning is the zoning of property outside the City's boundaries in anticipation of annexation into the City. For purposes of this Code, prezonings are included within the term "zone change". B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65553 et seq of the state Government Code and that such provisions shall be so construed. C. Who M'ay Apply: 1. The owner of property or the owner's agent (with notarized authorization from the owner) may apply for a zone change. 2. The City Council may initiate consideration of a zone change. 3. The Planning Commission, by majority vote, may recommend that the City Council initiate consideration of a zone change. D. Review Procedures. 1. Zone changes shall be approved, approved with modifications, or denied by ordinance of the City Council after receipt of testimony at a public hearing held pursuant to Section .... 2. Prior to City Council review, the Planning Commission shall hold a public hearing, review the application, and forward a recommendation to the Council. 3. If the Council contemplates a modification to the application not previously considered by the Planning Commission, the proposed modification shall be referred to the Planning Commission for report back to Council. A public hearing shall not be required for such Planning Commission review. E. Required Findings. The following findings shall be made by the City Council prior to approval of any zone change: 1. Consistency with General Plan. The zone change is consistent with the goals, objectives, and 24 LQZC........................................................................................ ZONE CHANGES AND CODE AMENDMENTS............................................................................................ [Draft: 3161951 policies of the General Plan. Z'0 JE, 6+W) aV- 2. Public Welfare. Approval of the a dmei4 will not create conditions materially detrimental to the public � health, safety and �' g�eeneral welfare. pj� 9.230.020 Zoning Code Text Amendments. A. Purpose. A zoning code amendment is a discretionary action by the City Council to change the text and/or graphics within this Zoning Code. B. Applicable State Law. It is intended that the provisions of this Section regarding shall be fully consistent and in full compliance with Section 65853 et seq of the state Government Code and that such provisions shall be so construed. C. Who May Apply. A code amendment may be initiated by the City Council. In addition, the Planning Commission, by majority vote, may recommend that the City Council initiate a code amendment. D. Review Procedures and-Eladiags, Code amendments shall be reviewed under the same procedures ai�ired-€� 1i as zone changes, as set forth in Section .... �. i�u�r�L f`►NotNca�. �e- bra. clnavio� 1s 40rv%eA.�M a% d �ha 7tan� adJ�tv1 td1� .prbp��lP� . `n0 ��c-- 5. S,�b��t �-b«1 �n�hol4- ►�. G� �-t-} rn�ba Yt c� • �-p �orw GlnLt Inp�. � � ,� a rraN� 5a.2.ca4� -� t� � i ��u•a-�t�h. � �y2v��G�i. Goad r' �xov�s ��b e r:> 51 V% Ca, -Hna, max. r16 ,0 n t -Z - G�n�►tr�c.� t,J ��tneY�ll, p l� vt covtstrv,b wi-��, -4?\g, opals,policae.es t59 ron+ toad- Co rids ��-� w 1 U }a, m ate-t�Jq a4e,7 rt rKv -6, -bhp pwbb c� k-e-e/ t+fn. y , A LQZC.............................................................................................................................................................................................. 25 CHAPTER 9.240: GENERAL PLAN AMENDMENTS 9.240.010 Application and Referral. A. Purpose. A general plan amendment is a discretionary action by the City Council to change the text of the General Plan or any map or diagram of the General Plan. B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65350 et seq of the state Government Code and that such provisions shall be so construed. C. Who May Apply: The owner of property or the owner's agent (with notarized authorization from the owner) may apply for a general plan amendment. 2. The City Council may initiate consideration of a general plan amendment. 3. The Planning Commission, by majority vote, may recommend that the City Council initiate consideration of a general plan amendment. D. Referral of Proposed Amendments. Proposed general plan amendments shall be referred to the persons and agencies specified in Section 65352 of the state Government Code. E. Frequency of General Plan Amendment. 1. General Plan elements specified as mandatory in the state Government Code shall be amended no more than four times during each calendar year. Each amendment may include more than one change to the General Plan. 2. The limitation on frequency of amendments to the General Plan set forth in Subsection E.1. of this Section does not apply to residential development projects with at least 25 percent of the dwelling units to be occupied by persons or families of low or moderate income. 9.240.020 Review Procedures and Findings. A. Review Procedures. 1. General plan amendments shall be approved, approved with modifications, or denied by resolution of the City Council after receipt of testimony at a public hearing held pursuant to Section .... Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the Council. 2. Prior to City Council review, the Planning Commission shall hold a public hearing, review the application, and forward a recommendation to the Council. 1 w �6% -91 rtobl r1 hr' 3. If the Council contemplates a modification to the application not previously considered by the GENERAL PLAN AMENDMENTS.................................................................................................................... [Draft: 316195] Planning Commission, the proposed modification shall be referred to the Commission for report back to Council. A public hearing shall not be required for such Commission review. B. Required Findings. The following findings shall be made by the City Council prior to the approval of a general plan amendment: 1. Internal General Plan Consistency. The amendment is internally consistent with those goals, objectives, and policies of the General Plan which are not being amended. 2. Public Welfare. Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. c o mfA-� b L9. w 4- ,- Vtat 0-0 aid. -- `4. c� ®cbtvv� i 11 N �a b�cr avid Dt,p�(b�t^� 5 . � u� �a v1.--�c.c� �av�o� , v1, u � w� �bo► v�c� . �v► --�►� c�,�. o-,P- MAIO a rm,r�v� d. �-bs , -� � ci ,�vri�v.�� �w.�•vt� � w a✓Ya�,� p v'orl-�6v� 11\a -e s UI'a s-ta V* «A Cc) vuyZd'- s c cz- LQZC.............................................................................................................................................................................................. 27 CHAPTER 9.250: SPECIFIC PLANS 9.250.010 Specific Plan Review. A. Purpose. A specific plan is a detailed plan covering a selected area of the City for the purpose of implementation of the General Plan. B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65450 et seq of the state Government Code and that such provisions shall be so construed. C. Who May Apply. A specific plan or specific plan amendment application may be initiated by the City Council, by the owner of property proposed for amendment, or by the owner's agent (with written notarized authorization from the owner). In addition, the Planning Commission, by majority vote, may recommend that the City Council initiate consideration of a specific plan or specific plan amendment. D. Review Procedures. Specific plans shall be prepared, adopted, and amended in the same manner as the General Plan, except that a specific plan may be adopted either by resolution or ordinance. E. Required Findings. The following findings shall be made by the City Council prior to approval of any specific plan or specific plan amendment: Consistency with General Plan. The plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. Approval of the plan or amendment will not create conditions materially detrimental to the public health, safety and general welfare. . L-A vtd UAe, crnn V-w6k (n', i- G, Joe -0 ,rah, 4W-C, P kOA r O M p A b L6U, to v19 C1.PJ.5 c� s PV'aqe44m) s a reY-ak C)'E- -+(n�- P JAv yh�,, s i-b a� b l� fit' ��1°'ro �o r coy -F=>r +Inca.- CQU4 s ,t CHAPTER 9.260: OTHER DISCRETIONARY ACTIONS 9.260.01.0 Subdivisions. Tract maps, parcel maps and related subdivision applications shall be processed in accordance with the City's Subdivision Code. 9.260.020 Development Agreements. Development agreements shall be prepared, reviewed, adopted, and maintained in accordance with Section 65864 of the state Government Code. 9.260.030 Environmental Review. A. Definition. "Environmental review" means all actions and procedures required of the City and of applicants by the California Environmental Quality Act ("CEQA" -- state Public Resources Code Section 21000 et seq), the CEQA Guidelines (Public Resources Code Section 15000 et seq), and local environmental procedures. B. Procedures. All discretionary applications shall be evaluated in compliance with CEQA the CEQA Guidelines, and the City's environmental review procedures to determine the proposal's potential impacts. Examples of potential impacts include but are not limited to: climate and air quality, soils, geology and seismicity, hydrology, biotic resources, archeology, paleontology and cultural resources, land use and zoning, traffic, noise, aesthetics, light and glare, health and safety, public services and utilities, and threatened or endangered species. CHAPTER 9.270: FEES 9.270.010 Administration of Fees. A. Filing Fees. A filing fee to defray the cost of processing and notification for each application for a discretionary permit or other discretionary action shall be paid by the property owner or the owner's authorized agent at the time the application is accepted. Such fees shall be as follows: - insert present fee schedule - B. Refunds.Whenever an application for a change of zone or for a permit or variance that requires a public hearing is terminated for any reason, upon request of the applicant a refund of a percentage of fees paid may be made by the Planning and Development Director in accordance with the following schedule. If any portion of the application fee has been paid out by the City to another jurisdiction or agency for services to be rendered in connection with the application, no refund of that portion of the fee shall be made. 1. Application accepted by the Planning and Development Dept., fee not receipted ..... W/a 2. Application accepted and fee receipted by department, but no processing begun ..... 90% 3. Application processed, but public hearing not advertised or noticed ............... 50% 4. Public hearing advertised or noticed but hearing not held ....................... 20% 5. Public hearing held by Planning Commission ................................ 0% C. Exemptions for Nonprofit Organizations. Nonprofit organizations are exempt from paying the fees charged for the processing of a special outdoor event application per Chapter .... For the purposes of this section, "nonprofit organization" means a corporation, association or other organization which is exempt from taxation under Section 501(C)(3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code, and which has received determination letters from the United States Internal Revenue Service and the California Franchise Tax Board confirming its exempt status under such Sections. j CHAPTER 9.280: NONCONPORMITIES ............................... 1 9.280.010 Purpose ................................................. 1 9.280.020 Definitions .............................................. 1 9.280.030 Nonconforming Uses ....................................... 2 9.280.040 Nonconforming Lots ...................................... 3 9.280.050 Nonconforming Structures .................................. 3 9.280.060 Plans Previously Approved ................................. 3 9.280.070 Illegal Uses and Structures .................................. 4 CHAPTER 9.280: NONCONFORMITIES Sections: 9.280.010 Purpose ......................................... 1 9.280.020 Definitions ....................................... 1 9.280.030 Nonconforming Uses ............................... 2 9.280.040 Nonconforming Lots .............................. 3 9.280.050 Nonconforming Structures ......................... 3 9.280.060 Plans Previously Approved ......................... 3 9.280.070 Illegal Uses and Structures ......................... 4 9.280.010 Purpose. The purpose of this Chapter is to promote the public health, safety, and general welfare by regulating land uses, lots, and structures which were lawfully established but which do not conform to the provisions of this Zoning Code. This Section is further intended to prevent the expansion of nonconforming uses and structures to the maximum extent feasible, to establish the criteria under which they may be continued, and to provide for the correction or removal of such nonconformities in an equitable and reasonable manner. 9.280.020 Definitions. For the purposes of this Chapter and this Code, certain words and terms shall be defined as follows: 1. Nonconformity:A land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this Zoning Code. The term nonconformity does not include illegal uses, lots, or structures which were not lawful when established or constructed. 2. Nonconforming Use: A land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. 3. Nonconforming Lot: A lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. 4. Nonconforming Structure: A structure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. 5. Intensity:The level of development or activity associated with a land use, as measured by one 9.280: NONCONFORMITIES [Draft: 91519S[ or more of the following: a. The amount of parking required for the use per Section .... b. The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics. c. The floor area occupied by the use. d. The percentage of the building site occupied by the use or by the structure containing the use. 9.280.030 Nonconforming Uses. A. Continuation of Nonconforming Use. A nonconforming use may be continued subject to the restrictions of this Section. B. Discontinued Nonconforming Uses. If the nonconforming use is discontinued for a period of one year, it shall not be reestablished and any new use of the premises shall conform to the applicable district regulations of this Code. C. Intensification of Nonconforming Uses. 1. A nonconforming nonresidential use shall not be increased in intensity. 2. A nonconforming residential use may be increased in intensity provided the intensification will not create or increase any nonconformity relating to setback, height, or any other development standard. (For example, a "granny flat" may be added to a single family detached dwelling in a district permitting only attached homes provided there is no new setback or other encroachment and all requirements pertaining to creation of second dwelling units are met.) D. Restoration of Nonconforming Use. A nonconforming use occupying a structure which is damaged or destroyed by fire, explosion, earthquake, or other disaster may be reestablished provided: 1. Restoration of the structure will not create or increase any nonconformity relating to setback, height, or any other development standard; and 2. Application for a building permit is submitted within one year of the damage or destruction and construction is commenced and completed under that permit without any lapses of or extensions to the permit. E. Change of Ownership. Changes in ownership, tenancy, proprietorship, or management of a nonconforming use shall not affect its nonconforming status provided that the use or the intensity of use does not change. 2 9.280. NONCONFORMITIES [Draft: 9151951 9.280.040 Nonconforming Lots. Legally established nonconforming lots may be developed and used in accordance with this Code provided all Code requirements other than those relating to the lot's conformity are met. 9.280.050 Nonconforming Structures. A. Continuation of Nonconforming Structure. A nonconforming structure may be continued and maintained subject to the restrictions of this Section. B. Maintenance and Repairs. Ordinary maintenance and repairs may be made to all nonconforming structures, such as painting, patching, window repair, reroofing, residing, replastering, and replacement of incidental nonstructural elements. C. Structural Alterations. Interior or exterior structural alterations may be made to nonconforming structures provided the alterations do not increase the degree or extent of the structure's nonconformity nor create any new nonconformities. D. Damage or Destruction. 1. Nonresidential Structures. A nonconforming nonresidential structure which is damaged or partially destroyed by fire, explosion, earthquake, or other disaster to the extent of 50 percent or more of the replacement cost of the structure, as determined by the Director, shall not be restored except in conformity with all development standards and other regulations of this Zoning Code. 2. Determination of Replacement Cost. In determining the replacement cost of a structure, the Director may utilize City building permit records, contractor estimates, assessed valuation, and any other information deemed by the Director to be reflective of replacement cost. 3. Residential Structures. A nonconforming residential structure which is destroyed or damaged to any extent by fire, explosion, earthquake, or other disaster may be restored. E. Safety of Structures. Nothing in this Section shall be construed to prevent the strengthening or restoration to a safe condition of any structure declared to be unsafe by an officer of the City charged with protecting the public safety upon order of such officer. 9.280.060 Plans Previously Approved. Uses, lots, or structures approved prior to the effective date of this Zoning Code which are nonconforming under this Code may nevertheless be established, recorded, or constructed in accordance with approved plans or maps provided all other applicable laws are satisfied. 3 9.280: NONCONFORMITIES [Draft: 9151951 9.280.070 Illegal Uses and Structures. Nothing in this Chapter shall be construed so as to allow for the continuation of illegal land uses or structures, i.e. uses or structures which did not comply with the zoning ordinance(s) in effect when they were established. Such illegal uses or structures shall be subject to the enforcement provisions of Section ... and shall be removed immediately. 0 �0 . CHAPTER 9.L: CODE ENFORCEMENT 9.290.010 Purpose ................................. 1 9.290.020 Enforcement Responsibilities .................. 1 9.290.030 Inspection to Ensure Compliance ............... 1 9.290.040 Abatement of Violations ..................... 2 9.290.010 Purpose. The purpose of this Chapter is to ensure compliance with this Zoning Code. They shall apply to the enforcement of this Zoning Code but shall not be deemed to exclude other remedial measures. 9.290.020 Enforcement Responsibilities. A. Planning and Development Director. It shall be the duty of the Planning and Development Director, or the Director's designated agent, to enforce the provisions of this Zoning Code pertaining to the use of land and the erection, construction, reconstruction, moving, conversion or alteration of or addition to any building or structure. B. Health Officer. It shall be the duty of the health officer, or the officer's designated agent, to enforce the provisions of this Zoning Code pertaining to the use and maintenance of property, structures and buildings so far as matters of health are concerned. C. Police. It shall be the duty of the police chief, the police officers of the City, and all officers of the City otherwise charged with the enforcement of the law to enforce this Zoning Code. D. Other City Officers. All other officials, employees, agencies and departments of the City vested with the authority to issue permits, certificates or licenses shall comply with this Zoning Code and shall issue no permits, certificates or licenses in conflict with this Zoning Code. The issuing of a permit which is in conflict with applicable provisions of this Zoning Code shall not constitute a waiver of such provisions. 9.290.030 Inspection to Ensure Compliance. Whenever the Director suspects a violation of any provision of this Zoning Code, determines it necessary to investigate either an application for granting, extension or modification, or an action to suspend or revoke a discretionary permit, or determines it necessary to investigate an application for a discretionary permit or other approval, the Director or the Director's designated agents may, for the purpose of investigation: 1. Enter onto any land in accordance with Section 65105 of the state Government Code, provided that such entry does not interfere with the use of the land by those persons lawfully entitled to the possession thereof, or 2. Enter any building or structure after permission from the owner or occupant, provided the officials do so in a lawful manner. If the owner or occupant refuses to grant such permission, 1 CODE ENFORCEMENT [Draft: 1013] the Director may obtain a search warrant for entrance onto the premises. 9.290.040 Abatement of Violations. A. Violations to Constitute Misdemeanor. All violations of this Zoning Code committed by any person, whether as agent, employee, officer, principal or otherwise, shall be a misdemeanor. B. Prohibited Actions. Every person who knowingly provides false information on any type of zoning code related application or map filed with the Planning and Development Department shall be guilty of a misdemeanor. Every person who fails to stop work when so ordered by the Planning and Development Director because of an apparent violation of this Zoning Code shall be guilty of a misdemeanor. Every person who, having received notice to appear in court to answer a related charge, willfully fails to appear, shall be guilty of a misdemeanor. C. Penalties. A misdemeanor may be prosecuted by the City in the name of the people of the state or may be redressed by civil action. Each violation is punishable by a fine or imprisonment as provided by state law. D. Each Violation a Separate Offense. Every person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which the violation is committed, continued or permitted by such person. E. Abatement of Public Nuisance. 1. Any building or structure erected, constructed, moved, altered or maintained and any use of property contrary to the provisions of this Zoning Code is hereby declared to be unlawful and a public nuisance, and any failure, refusal or neglect to obtain a permit as required by the terms of this Zoning Code shall be prima facie evidence of the fact that a public nuisance has been committed. 2. The City may commence an appropriate civil action to abate a public nuisance and to collect a civil penalty. Any civil action shall be preceded by a finding by the City Council, the Director, or the Director's designee that a violation of this Zoning Code has occurred.The civil penalty shall not exceed $250 for each day on which such violation occurs. In addition, the civil penalty for violation of an abatement order shall be $500. 3. The abatement of a public nuisance may be made at the expense of the owner of the property on which the nuisance is located. If the City abates the public nuisance, the costs of such abatement shall be charged to the owner of the premises involved. The Director may apply to the City Council to cause costs for such work to be paid and levied as a special assessment against the property and collected in the manner provided for special assessments. 2 CODE ENFORCEMENT (Draft: 10131 F. Injunction. This Zoning Code may also be enforced by injunction issued by the superior court upon suit by the City. G. Penn it Revocation. Failure to abide by and faithfully comply with any and all conditions that may be attached to the granting of any discretionary permit pursuant to the provisions of this Zoning Code shall constitute grounds for the revocation of the permit in accordance with Section .... H. Failure to Pay Fees or Obtain Permit. Failure to pay fees and obtain applicable permits shall be deemed a violation of this Zoning Code. Violation shall result in the assessment of double permit fees prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Zoning Code or from any other of the penalties prescribed in this Zoning Code. I. Remedies Cumulative. All of the remedies described in this Section shall be cumulative and not exclusive except when otherwise provided. COACHELLA VALLEY ASSOCIATION of GOVERNMENTS October 31, 1995 To: La Quinta Planning Commission From: Tom Kirk, Department Director, CVAG Re: Project 2020 Workshop - November 28, 1995 The Coachella Valley Project 2020 is a long term strategic planning project that will include a short term action plan. Project 2020 is a cooperative effort, including CVAG and its member cities and the County, with involvement by the Convention and Visitors Bureau, SunLine Transit Agency, the Indian tribes, and school and water districts. Project 2020 is just beginning and we are seeking your input. Specifically, we want to know: what does your vision of the Coachella Valley in the year 2020 include; what are the most important quality of life issues that this Valley faces; what would be your most important valley -wide project for implementation during the next five years? One objective of the Project is to create a broadly agreed vision for the Valley. The other objective is to make the vision happen. We will do this by identifying and implementing a handful of priority projects over the next couple of years. I look forward to your involvement on November 28, 1995 and your continued interest and participation in this important project PH # � STAFF REPORT PLANNING COMMISSION MEETING DATE: NOVEMBER 28, 1995 CASE NO. PUBLIC USE PERMIT 93-016, TIME EXTENSION REQUEST: APPROVAL OF A ONE YEAR TIME EXTENSION FOR A SCULPTURE SCHOOL WITH A 20 ACRE SCULPTURE RECREATIONAL PARK AND ENTERTAINMENT CENTER, GALLERY, AND ADMINISTRATIVE OFFICES. APPLICANT: BERNARDO GOUTHIER LOCATION: 57-325 MADISON STREET (ATTACHMENT 1) ZONING: R-1-10,000 GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL (2 TO 4 DUTAC) SURROUNDING ZONING & LAND USES: NORTH: R-1-10,000IGOLF COURSE WITHIN PGA WEST SOUTH: A-1-201AGRICULTURE EAST: A-1-20 (RIVERSIDE COUNTY) VACANT WEST: R-21GOLF COURSE WITHIN PGA WEST ENVIRONMENTAL CONSIDERATIONS: ENVIRONMENTAL ASSESSMENT 93-269 WAS CERTIFIED BY THE CITY COUNCIL ON OCTOBER 19, 1993. NO FURTHER REVIEW IS DEEMED NECESSARY AS THE PROJECT HAS NOT CHANGED. BACKGROUND: This Public Use Permit to allow a school with accessory uses within the R-1 residential district was approved under Minute OrderNo. 93.218 by the City Council, on October 19, 1993, on a call-up review after Planning Commission approval on September 14, 1993. The approval allows a sculpture school as the primary use with a sculpture park, gallery, and administraVve offices as accessory uses. The sculptures are installed within the surrounding park and lake. The gallery and offices have been opened in the existing residence. According to the applicant, limited sculpture classes are conducted in the existing facilities. The proposed permanent school building has not been constructed as required in the approval of the PUP. Since the school building has not been constructed, the applicant has submitted a request for a time extension for Public Use Permit 93-016 on October 3, 1995, prior to the expiration of the two-year approval of the permit. With this application, the Applicant submitted a statement of the status of his project (Attachment 2). The Zoning Ordinance limits a public use permit to a total of three years to activate a project, such as being under substantial construction of a building. The applicant has the potential of one year left on his permit if a time extension is approved by the Planning Commission. If the time extension is not approved, the use permit is null and void. Uses currently advertised for the site include special events of up to 5,000 people for receptions, conventions, weddings, banquets, picnics, mini -Olympics, fishing, film location, tv shows, fashion shows, concerts, fireworks, ballooning, and golf cart and rowboat rentals among other possible events and activities. Within the R-1 zone, the above activities are not permitted unless they fall under the jurisdiction of a Minor Temporary Outdoor Event (MTOE) permit. The sculpture school as a primary use is pivotal to the legal permitting of this project. Project details are contained in the Planning Commission staff report of September 14, 1993 (Attachment 2) and the City Council staff report of October 19, 1993 (Attachment 3). To date, the applicant has developed the park with sculptures and charges an admission fee to the public. The park is operated as an outdoor commercial gallery. The park has been advertised as an event location for which there are two recent approvals for Special events by the City (MTOE 95-094 and 95-099 - art shows). Staff transmitted the request for a time extension to the responsible departments and agencies for review and comment. Responses were received from the Fire Marshal and Public Works Department. There were no changes requested by the Fire Marshal, however, the Public Works Department did have changes to the original Conditions of Approval. These changes are discussed below. ISSUES: The proposed changes to the Conditions of Approval consist of modifications to Nos. 1,2,3,4,5,8,9,10,15, 16, 20, 21, 38, 45, 48, and 51. Changes to Condition No. 1 consist of rewording to make it pertain to the time extension. Condition No. 2 has been changed to clarify the project and change the name of the Planning Department to the Community Development Department. Department name changes were also made to Conditions No. 3, 4, 5, 15, 18, 21, 38, 45, and 48. Condition No. 9, requiring dedication of street right-of-way and utility easements of a 55-foot half width on Madison Street within 180 days after the original approval, was not complied with, thus staff recommends that the applicant be given 90 days to comply under the time extension. Language has been added to ensure compliance with this condition which revokes the approval for MTOE 95-099 (art show - February 24 & 25, 1996) and any other future special event permits if this condition is not complied with. The purpose of the dedication is to provide for improved future traffic circulation along Madison Street in accordance with the General Plan and the La Quinta Master Environmental Assessment. Condition No. 51 requires events with an attendance of over 120 persons to have an approved Minor Temporary Outdoor Event (MTOE) permit primarily due to parking and traffic circulation concerns. The project was conditioned to provide a total of 54 parking spaces, of which there are only 30 paved spaces in the existing parking lot. Special parking arrangements are needed for the larger special events. Condition No. 10 is to be replaced with the following language: "The applicant shall construct no improvements within a 20-foot setback area adjacent to the future Madison Street right of way." Conditions No. 20 and 21 were modified with additional language to clarify dust control requirements., during grading operations. These conditions are necessary for compliance with the PM-10 Ordinance. Additional language was added to Condition No. 51 to require detailed parking and traffic circulation plans for special events. The above discussion on Condition No. 51 is applicable here. Staff recommends Condition No. 11 be deleted as there is no proposed subdivision of the applicant's property. There are two existing gated driveways along Madison Street that provide adequate access to the project. No additional access will be required for the current project, thus there is no need for Condition No. 11. With the property currently being marketed as an event location, staff recommends that a specific area on the grass be designated for spill -over parking, as the applicant only has 54 parking spaces. This spill -over area would be kept free of sculptures and structures. The special events that are subject to Minor Temporary Outdoor Events appear to have become the primary uses of the property. Even with the construction of the school, the special event uses will require one of two options to formally permit these as a primary uses. Staff recommends either the update of the Zoning Ordinance to allow these entertainment uses in the R=1 zone under a Conditional Use Permit, or the rezoning of the site to Tourist Commercial (TC) and the appropriate land use designation with a General Plan Amendment. Staff further recommends that this issue becomes a topic of discussion in a joint session with the City Council. RECOMMENDATION: By Minute Motion 95-_, approve a one year time extension for Public Use Permit 93-016, to expire October 19, 1996, subject to the attached revised Conditions of Approval. Attachments: Location Map 2. Letter from Applicant dated September 25, 1995 3. Planning Commission staff report of September 14, 1993 4. City Council staff report of October 19, 1995 5. Large Plan (Commissioners only) CONDITIONS OF APPROVAL - RECOMMENDED EXHIBIT "A" PUBLIC USE PERMIT 93-016 - TIME EXTENSION NOVEMBER 28, 1995 * MODIFIED BY PLANNING COMMISSION, 11-28-95 M-MORTIEW * 1. Within one year of the date of this time extension, the development of the sculpture school in conjunction with the park shall be completed or be under substantial construction and pursued diligently to completion. Should the school not meet this deadline, this Public Use Permit shall become null and void. Upon that determination, the park shall be closed and its business license revoked. *2. The use hereby permitted is for the development of a sculpture school building, with accessory park, art gallery building, sculpture garden, office conversion, parking lot and accessory features located within Assessor's Parcel Number 761-090-008. The development of the premises shall be in conformance with the plans marked Exhibits "A -Revised, B- Revised, C-1, C-2, B-1, B-2, and CM No. 1" on file with the Community Development Department unless otherwise amended by these Conditions of Approval. *3. This project may be developed in two phases as shown on the approved Exhibit "A -Revised". Any additional phases, or modifications to the approved phasing, may be permitted provided a plan for each phase of development is submitted to and approved by the Community Development Department. Phasing approval shall not apply to the requirements of any other agency except to the Community Development Department unless otherwise indicated by the affected agency. Should use of the first phase commence within two years of the date of approval, there shall be no time limit for initiation of, or completion of, any subsequent phases. PRIOR TO FINAL BUILDING INSPECTION APPROVAL OR OCCUPANCY of each phase, all facilities intended to serve that phase shall be installed in usable condition. *4. Phasing plans, including phasing of public improvements, shall be submitted for review and approval by the City Engineer and the Community Development Department. The applicant shall develop phases in the order of the approved phasing plan so that improvements required of each phase are complete prior to issuance of Certificates of Occupancy within subsequent phases. 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: * Fire Marshal * Public Works Department (Grading Permit, Improvement Permit) * Community Development Department CONAPRVL.351 1 Conditions of Approval Public Use Permit 93-016 November 28, 1995 * Riverside County Environmental Health Department * Desert Sands Unified School District * Coachella Valley Water District * Imperial Irrigation District * California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approvals and signatures on the plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. DWI 6. The applicant shall construct, or enter into a secured agreement to meet all obligations and construct the on -and off -site grading, streets, utilities, landscaping, on -site common area improvements, and any other improvements required by these conditions before issuance of building or grading permits. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements, abandonment of the water line at the west end of the property, and the relocation of the existing gate control structure and any other improvements which are located in the proposed right-of-way. 7. If improvements are phased, common area improvements, required landscaping and gates, and relocation of existing improvements out of the proposed right-of-way shall be constructed or secured prior to issuance of any grading or building permits for the first stage unless otherwise approved by the City Engineer. The City Engineer may consider proposals by the applicant to stage the installation of off -site and common improvements with development of two or more phases of the development. 8. The applicant shall pay cash or provide security in guarantee of cash payment for required improvements which are deferred for future consideration. Deferred improvements for this project include: A. Median landscaping and irrigation improvements on Madison Street. The applicant shall CONAPRVL.351 Conditions of Approval Public Use Permit 93-016 November 28, 1995 be responsible for one half of the cost to design and construct the improvements. The improvements shall coincide with construction of the Madison Street median adjacent to this property. B. Landscape and irrigation improvements behind the future curb and in the setback area along Madison Street and relocation of existing improvements to or behind the required landscape setback line. The applicant is responsible for the full cost to design and construct the improvements. The improvements shall be constructed when Madison Street is improved or when Phase II as indicated on the approved Exhibit A - Revised, of this development is constructed, whichever occurs first. DEDICATIONS: *9. The applicant shall dedicate street right-of-way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans and as required by the City Engineer. All right-of-ways shall be dedicated or deeded to the City within 90 days of approval of the time extension for this Public Use Permit. Right-of-way dedications required of this project include: A. Madison Street - 55-foot half width and as necessary for dedicated right turn lane(s). Street right-of-way geometry for cul-de-sacs, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. * 10. The applicant shall construct no improvements within a 20-foot setback area adjacent to the future Madison Street right-of-way. - 12. The applicant shall dedicate any easements necessary for placement of and access to utility Hines and structures, public transit turnouts, park lands, drainage basins, common areas, and mailbox clusters. CONAPRVL.351 Conditions of Approval Public Use Permit 93-016 November 28, 1995 13. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. BUILDING AND SITE DESIGN: 14. The requirement of the City's Off -Street Parking Ordinance shall be met concerning all supplemental accessory facilities. *15.All lighting facilities shall comply with Chapter 9.210 (Outdoor Light Control) and be designed to minimize light and glare impacts to surrounding property. All lighting to be installed shall be subject to review and approval by the Community Development Department. The applicant shall submit plans for path lighting and street lighting along roads, if any, for review and approval by the Community Development Department. All privately maintained street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval. *16.All roof mounted equipment shall be screened from view at all sides by design of the structure. All ground mounted mechanical equipment shall be screened from view from methods approved by the Community Development Department. 17. Exterior noise levels produced by this project, including but not limited to any outdoor public address system, shall not exceed 45 db(A) between the hours of 7:00 P.M. to 7:00 A.M. and 65 db(A) at all other times as measured at any residential, hospital, school, library, nursing home or other similar noise sensitive land use. In the event noise exceeds this standard, the permittee shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities. 18. All development approved by this public use permit shall comply with the development standards of the R-1 Zoning requirements. 19. The permittee shall comply with all of the requirements of the Coachella Valley Water District as contained in their letter dated August 6, 1993, a copy of which is attached. CONAPRVL.351 4 Conditions of Approval Public Use Permit 93-016 November 28, 1995 *20.Prior to occupation of the project site for grading construction purposes, the Applicant shall submit and receive approval of a Fugitive Dust Control Plan (FDCP) prepared in accordance with Chapter 6.16, La Quinta Municipal Code. In accordance with said Chapter, the applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. *21.If it is determined that an FDCP is not required, all vacant undeveloped land shall be maintained in a condition so as to prevent dust and blowsand nuisances and shall be planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and Public Works Department. 22. The applicant shall comply with the City's Flood Protection Ordinance. 23. A geological and soils engineering investigation shall be performed. The investigation for the entire site may be submitted with the site grading plan or individual investigations may be performed only for building sites and be submitted prior to issuance of building permits. 24. A grading plan shall be prepared by a registered civil engineer. The plan must meet the approval of the City Engineer prior to approval of any final map(s). The grading plan 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 state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. DRAINAGE: 25. 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 project shall be graded to receive storm flow from adjoining property at locations that have historically received flow. 26. Storm water run-off produced in 24 hours during a 100 year storm shall be retained on site. The tributary drainage area for which the applicant is responsible shall extend to the centerline of adjacent public streets. CONAPRVL.351 Conditions of Approval Public Use Permit 93-016 November 28, 1995 27. In design of retention facilities, the percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. A trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter and leachfield shall be sized to percolate 22 gallons per day per 1,000 square feet of drainage area. Retention basin slopes shall not exceed 3:1. If retention is in one or more common retention basins, the retention depth shall not exceed six feet. 28. The design of the project shall not cause any change in flood boundaries, levels or frequencies in any area outside the project. UTILITIES: 29. 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. 30. 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. 31. The existing water line within the boundary of the property shall be abandoned in accordance with the requirements of the Coachella Valley Water District. STREET AND TRAFFIC IMPROVEMENTS: 32. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60-days prior to issuance of Phase I building permits for this development, the development shall be subject to the provisions of the ordinance. 33. The interior roads in this development are private drives and will be unavailable to vehicles of unescorted visitors and students. Access for visitors, students, and other unescorted vehicles shall be restricted to the parking lot in the northeast corner of the development. No parking facilities except for service vehicles, will be constructed at the school site in the southwest corner of the development. The applicant shall provide shuttle service between the school site and the parking lot in the northeast corner. 34. 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 CONAPRVL.351 6 Conditions of Approval Public Use Permit 93-016 November 28, 1995 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. 35. The following street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. On -Site Streets 1. Two-way road sections to be 15-feet wide unless otherwise approved by the City Engineer. All traffic carrying facilities shall meet the approval of the City Engineer. 2. Fire Department emergency access gates at northeast and southeast corners of the property shall be located at or behind the required landscape setback line. 36. Access points and turning movements of traffic shall be restricted as follows: A. Main Entry Drive (center of property) - right-in/right-out only. The entry gate shall be recessed into the property to provide sufficient vehicle stacking space. The design shall allow for rejected vehicles to U-turn between the guardhouse or card reader and the gate. B. Secondary Entry Drive (north end of property) - right-in/right-out only. C. Fire Department emergency access gates at the north and south ends of the property - right-in/right-out only, gated with gates placed at or behind the required landscape setback line. LANDSCAPING: 37. The applicant shall prmide landscape improvements in the setback lots along the following streets: CONAPRVL.351 7 Conditions of Approval Public Use Permit 93-016 November 28, 1995 A. Madison Street: the applicant is encouraged to minimize steep slope designs within the perimeter landscaping setback areas. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of street curb. *38.The existing trees on the site shall be incorporated into the landscape plan wherever feasible. A tree retention play shall be submitted to the Community Development Department staff as part of the final landscape plan and prior to any site grading. 39. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above ground utility structures. 40. The applicant shall comply with the requirements of the Fire Marshal, who may approve alternate means of compliance where deemed appropriate and equivalent to these standards: A. Provide or show there exists a water system capable of delivering 1000 gpm for a two hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. B. A combination of on -site and off -site super fire hydrants (6" X 4" X 21/2 X 21/2) will be located not less than 25-feet or more than 165-feet from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. C. Prior to issuance of a building permit, the applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet fire flow requirements. flans shall be signed/approved by a registered civil engineer and local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." D. The required water system including fire hydrants shall be installed and operational prior to the start of construction. E. Install a complete fire sprinkler system per NFPA 13 Light Hazard Occupancy. The post indicator valve and fire department connection shall be located to the front within 50-feet of a hydrant, and a minimum of 25-feet from the building. CONAPRVL.351 8 Conditions of Approval Public Use Permit 93-016 November 28, 1995 F. System plans must be submitted to the Fire Department for review, along with a plan/inspection fee. The approved plans, with Fire Department Job Card must be at the job site for all inspections. G. Install a sLipervised waterflow fire alarm system as required by the Uniform Building Code/Riverside County Tire Department and National Fire Protection Association Standard 71. H. Comply with Title 19 of the California Administrative Code. I. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2AlOBC in rating. Contact it certified extinguisher company for proper placement of equipment. J. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar mcans, 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 override system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backer) power facilities to operate in the event of power operated shall also be approved by the 1�ire Department. Minimum opening width shall be 16-feet with a minimum vertica`. clearance of 15-feet. K. Provide two emergency exits along Madison Street. L. Conditions subjcct to change with adoption of new codes, ordinances, laws, or when building perin'ts are not obtained within twelve months. M. Final conditions will be addressed when building plans are reviewed. N. A plan check fee must be paid to the Fire Department at the time building plans are submitted. QUALITY ASSURANCI : 41. The City is contemplating, adoption of a quality assurance program for privately funded construction. If the progrimi is adopted prior to the issuance of permits for construction of the improvements required of this project, the applicant shall fully comply with the quality assurance program. If the quality assurance progranl has not been adopted, the applicant shall employ construction quality assurance measures which meet the approval of the City Engineer. CONAPRVL.351 9 Conditions of Approval Public Use Permit 93-016 November 28, 1995 42. 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. 43. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. I)cposit and fee amounts shall be those in effect when the applicant makes application for the plc:n checks and permits. MISCELLANEMS: 44. Grading, drainage, street lighting, landscaping, and irrigation, park, gate, and perimeter wall plans are not appro\,c(i for construction until they have been signed by the City Engineer. *45.No signs are approved pursuant to this public use permit. Prior to the installation of any on - site advertising or directional signs, a signing plan shall be submitted for approval of the Community Development lh-partment pursuant to the requirements of Chapter 9.212, Sign Regulations. 46. No outdoor advertising display, sign or billboard (not including on -site advertising or directional signs) shall he constructed or maintained within the property subject to this permit. Any existingoutdoor advertising display, sign or billboard existing within the property subject to this permit shall be removed PRIOR TO FINAL BUILDING INSPECTION AI'll 1MJ%'AI_ 47. The project landscaping and irrigation plans shall incorporate the following features: A. Art School - 1llia. c 11 of Phase I area: planters shall be constructed along the southeast interior walls .o accommodate a planting of shrubs. B. Phase II - Art Gallery: Landscape and irrigation plans shall be submitted for review at the time of plot plan suhmittal for architectural approval. *48.This property is located within the Coachella Valley and all landscape planting shall comply with the requirements of tl,e State Agriculture Code and the directives of the Riverside County Agricultural c'(mnJssioner. All landscaping plans submitted to the Community Development 1)cpartnicnt sh;'ll include the following notation: WARNING: Plant material listed may or may not I,,avc heen approved by the Agricultural Commissioner's office. Landscape contractor, please contact the developer for status of Agricultural Commissioner's CONAPRVL.351 10 Conditions of Approval Public Use Permit 93-016 November 28, 1995 approval or denial. Plant material not conforming with quarantine laws may be destroyed and civil action takcn. All plant material is subject to inspection at the discretion of the Agricultural Commissioner's office. All plant material must be free from Red Scale (Aonidiella aurantii)." 49. A minimum of 54 parking sl)aces shall be provided in accordance with Section 9.160-Off- Street Parking Ordir ince as shown on Exhibit A -Revised. A minimum of two handicapped parking spaces shall l;. provi:led. Five spaces shall be provided at the Art School site. PRIOR TO FINAL I" I11.1`INIC, INSPECTION APPROVAL, the parking and driveway areas shall be surfaces with asl;h.dtic concrete paving to a minimum depth of three inches over adequate base matenid oi- as otherwise approved by the Department of Building and Safety upon reconuncndaticin cif it rc-istered civil engineer. Concrete surfacing installed with a minimum thickness ol' 3112 inches with expansion joints may be substituted for asphaltic concrete paving. In,.crior driveways with an inverted section shall include a concrete ribbon gutter. 50. A maximum of 10 p;eking spaces may be sized for compact cars (81/2' X 16') and PRIOR TO FINAL 13iIII.U!1`,:; I1 ISP1'.CTION APPROVAL shall be clearly marked "COMPACT CARS ONLY". *51.A Minor Temporary Outdoor Event permit shall be approved for all such events with an anticipated attendance c;vc 120 persons. This permit shall be subject to all City Municipal Code requirements. All app'ications shall include a detailed parking and traffic circulation plan. *52. If the applicant has not complied with the requirements of Conditions 6, 7, 8, and 9, within 90 days of the aplroval of the time extension, the City shall begin revocation procedures in accordance with SL'cliun Q.'_/6.060 of Chapter 9.176 and Chapter 9.184 of the Zoning Ordinance. CONAPRVL.351 11 Attachment 1 CASE MAP NORTH CASE No. PUP 93-016 Sculpture Perk \ J4 SCALE: LOCATION MAP NTS 0 a LA QUINTA SCULPTURE PARK Attachment 19 57325 Madison St, P.O. Box 1566 La Quinta, CA 92253 Tel. (619) 564-6464 Fax (619) 564-1166 September 25, 1995 Community Development Dept. City of La Quinta 78-495 Calle Tampico La Quinta, Ca 92253 attn: Leslie Mouriquand-Cherry re: Extension of La Quinta Sculpture Park (Sculptureland) Use Permit Dear Leslie, Enclosed please find our Use Permit Application together with a check for $500.00. Concerning the School, we would like you to take note that we have been very successful in recruiting students in the La Quinta area. This year we hope we will have twice as many students as last year, and we have remodeled our temporary facilities to accommodate these students. At this stage we are not in a position to build permanent facilities according to our plans, as the number of students is still not sufficient to do so. Please also find enclosed a videotape that might be of some interest to you concerning our activities. We take this opportunity to thank you for the cooperation we have received from the City of La Quinta, from the ribbon -cutting ceremony in January 1994 until today. We are also excited about the new Arts Committee creation for the City of La Quinta and hope that this will create La Quinta's own Arts' identity in the Coachella Valley. Also, we are happy to announce the first "La Quinta Day At Sculptureland" on December 3rd, '95. The Park will be open free of admission to all residents of La Quinta on that date, and believe that it will be a fun -filled family event that will provide the Community with the opportunity to enjoy the Sculpture Park. S' erely yours, ernar thier Chairman Attachment 3 STAFF REPORT PLANNING COMMISSION MEETING DATE: SEPTEMBER 14, 1993 CASE NO.: PUBLIC USE PERMIT 93-016 REQUEST: APPROVAL OF A SCULPTURE PARK WITH ART SCHOOL, GARDEN, GALLERY, AND ADMINISTRATIVE OFFICES. APPLICANT: BERNARDO GOUTHIER ARCHITECT: STAN POLLAKUSKY - ALPHA DESIGNS LOCATION: 57-325 MADISON STREET ZONING: R-1-10,000 GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL (2-4 DU/AC) SURROUNDING ZONING & LAND USES: NORTH: R-1-10,000/GOLF COURSE SOUTH: A-1-20/AGRICULTURE EAST: A-1-20 (RIVERSIDE COUNTY) VACANT WEST: R-2/GOLF COURSE SITE DESCRIPTION: The proposed sculpture complex location is a 20 acre parcel recently annexed into the City. The property is rectangular in shape, relatively flat and has an existing single family dwelling, Iake, masonry wall and entry gate in front, interior driveway -road, and wooden rail fencing along the side and rear property lines. ENVTRONN[ENTAL CONSIDERATIONS: Environmental Assessment 93-269 has been prepared in conjunction with this application. The Initial Study indicates that no significant environmental impacts will occur that can not be mitigated. Therefore, a Negative Declaration of Environmental Impact has been prepared for this project. PCST.142 1 The applicant is proposing to develop an art school and sculpture park containing several facilities. These facilities consist of the school, a sculpture garden, a gallery building, and the conversion of an existing single family dwelling into administrative offices and living quarters. A site plan has been submitted depicting two phases to the overall project. Only architectural plans for Phase I have been submitted at this time. Phase I consists of the Art School building which is proposed to be constructed in two phases. Phase I of this building is the classroom and caretakers unit, while Phase II will be the shop and storage area. The Art School building is proposed to be located at the southwest corner of the parcel and will include a caretakers apartment upstairs. The building is two story with the school occupying 3,722 square feet and the caretakers unit occupying 1130 square feet. Covered patios take up 1,493 square feet and the carport -receiving area is 400 square feet with a roll -up door into the workshop. The Art School building is a two story structure of modern design. A tower element is featured on the observation deck, located above the caretakers unit. Eurozinc metal is proposed around the second floor exterior along with steel columns for structural support. Glass blocks will be used on the front elevation to allow light to enter and as an additional design feature. The remaining portions of the building will have a stucco exterior finish. The roof is flat on this building and will have a low parapet to hide mechanical equipment. The Art School building will contain a classroom for up to 20 students with two work areas, one for welding and the other for stone work. The work areas will have a five ton overhead crane system to pick up and turn large work in progress. The instructors will be both visiting artists, and instructors from art schools in California. A 4,000 square foot gallery building is also proposed on the master plan and is slated for Phase II of the overall project development. No detailed plans have been submitted for this building. Architectural plans will be required to be submitted for review prior to construction. The applicant has stated that in addition to the Art School activities, he would like to host special events at the gallery; show the sculpture works for both established artists and students in a garden setting with the pieces available for sale to the public; make the park available to local charities for fund raisers, and for weddings, among other events. Mr. Gouthier states that he intends to create "a world class facility within two years, that will draw collectors, architects, designers, corporate buyers, and.... interested public from all over the world." He intends to advertise on a national level and hold special events to draw attention to the facility and to La Quinta. PARKING AND CIRCULATION: Two parking lots have been designated on the site plan offering a total of 55 spaces. The existing home that will be partially converted into offices will have three spaces and the PCST.142 2 proposed art gallery will have 52 spaces available. The parking lot will be phased to provide 22 spaces for the Art School in Phase I, and 30 spaces will be provided in Phase II when the art gallery is constructed. A fifteen foot high entry structure and gate are located on the Madison Street side of the property which will have to be relocated out of the new right-of-way area when the street is widened and curbs and gutters installed. A concrete driveway accesses the property from Madison Street and makes its way back to the dwelling unit. Two Fire Department access gates are proposed at the north and south ends of the property. DESIGN REVIEW BOARD CONSIDERATION: On August 4, 1993, the Design Review Board examined the architectural plans for the Art School building. A change in metal material was made from brushed aluminum to Eurozinc which is a matte gray preweathered zinc -titanium cladding. The Board was concerned about the Art School phasing and not being able to critique the architectural plans for Phase I separate from Phase II. However, the Board did approve the architectural plans with the recommendation that the drawings for Phase I and Phase II be complete and if the Planning Commission so desired to refer the project back to the Design Review Board for further review. The applicant has since provided elevational plans of just Phase I -Art School for Planning Commission review. ANALYSTS: Staff transmitted this project application to the appropriate agencies for review and comment. After receiving extensive comments/conditions from the Engineering and Fire Departments, staff scheduled a Development Review Committee meeting to discuss several issues. The items discussed included access from Madison Street, internal circulation, phasing, fencing, and right- of-way concerns. It was determined at this meeting that a revised site plan was required. The applicant revised the plan as requested. The three snack bar structures and restroom facilities located in the garden area will be subject to staff architectural review prior to construction. These structures will contain coin -operated refreshments and restrooms for visitors. The applicant will be required to dedicate additional road right-of-way along Madison Street to comply with the General Plan policies for a 55-foot half width, and as necessary for dedicated right turn lanes. Currently there is a masonry block wall and gated entry across the Madison Street frontage that will have to be relocated to the west and out of the required right-of-way area. In addition, the existing sculpture garden pathway that encroaches into the new right-of- way area will have to be pulled back to the west. The proposed fire department gates at the northeast and southeast corners of the property will need to be pulled back out of the right-of- way. Knox boxes will be required on both gates. A 24-foot turfed fire road will circumnavigate the inside of the property to provide for fire truck access to all parts of the park site. PCST.142 3 Staff is recommending that the proposed parking lot be relocated 10-feet to the west in order to allow for backup room and to keep the last space away from the block wall when it is relocated out of the right-of-way. Staff is also recommending that four to six parking spaces be provided in close proximity to the Art School building to accommodate golf cart shuttles, delivery vehicles, and employee parking. The main parking lot should be redesigned to minimize the open paving area used as backup area. The proposed layout does not make the best use of available parking area. There are no environmental issues of a significant level that will result from the development and operation of the proposed sculpture complex. Staff has reviewed and considered this application and supports a recommendation for approval of Public Use Permit 93-016. RIECOMMENDATION: By Minute Motion 93- , approve Public Use Permit 93-016, subject to the attached Conditions of Approval. Attachments: 1. Location map 2. Plan exhibits 3. Environmental documentation 4. Agency letters 5. Draft Conditions of Approval PCST.142 4 Qotachmnet 4 of )UNCIL MEETING DATE: OCTOBER 19, 1993 'EM TITLE: 'PROVAL OF PUBLIC USE PERMIT 93-016 FOR 1E LA QUINTA SCULPTURE PARK LOCATED AT -325 MADISON STREET. ?PLICANT: BERNARDO GOUTHIER JMMARY: AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: us request was approved by the Planning Commission on September 14, 1993, on a 4- 1 vote (Commissioner Adolph was absent) . The request went before the City Council a Report of Planning Commission Action Business Item on September 21, 1993, where )uncil voted to hold a public hearing on the public use permit application. SCAL WLICATIONS: )ne APPROVED BY: COMMENDATION : 7 Minute Motion 93- move to approve Public Use Permit 93-016 subject to the tached Conditions of Approval, and to certify the Negative Declaration of ivironmental Impact for EA 93-269, subject to required mitigation measures contained the Initial Study. � Minute Motion 93- move to require the proposed free-standing sign to be viewed by the Design Review Board. ibmitted by: Approved for submission to City Council: .RRY 'ImRMAN, PLANNING DIRECTOR ROBERT L. HUNT, CITY MANAGER 7 #10/CS 1� U MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PLANNING AND DEVELOPMENT DEPARTMENT DATE: OCTOBER 19, 1993 CASE: PUBLIC USE PERMIT 93-016 - LA QUINTA SCULPTURE SCHOOL APPLICANT: BERNARDO GOUTHIER LOCATION: 57-325 MADISON STREET ISSUES: On September 14, 1993, the Planning Commission reviewed and voted unanimously (4-0-1) to approve a public use permit to allow Bernardo Gouthier to develop a sculpture school & park on 20 acres south of PGA West. The approval was subject to Conditions as contained in Attachment #2. The project also went before the Design Review Board on August 4, 1993, for review of the Art School elevations. The Board recommended approval of the architectural plans. for the Art School building. Subsequently, the City Council considered the application as a Report of Planning Commission action business item on September 21, 1993, where it was set for public hearing on October 19, 1993, after concerns were raised regarding the emergency access gates and large group events. BACKGROUND: Mr. Gouthier has applied for a public use permit to develop his 20 acre parcel into a sculpture school and art complex. This complex will contain an Art School building, an outdoor sculpture garden, future gallery building, lake, parking lot, and conversion of an existing single family home to administrative offices. The project is proposed in two phases. The first phase consists of the Art School, garden, parking lot (partial) , and office conversion. The second phase consists of the Gallery building, and the balance of the parking lot improvements. The Art School building is also phased. The first phase includes the classroom and caretakers unit. The second phase will add the workshops and storage area. The project has an existing single-family home, a 2 acre lake, masonry front entry gate and wooden split rail fencing on the perimeter of the parcel. The concrete sculpture garden pathways and driveways also exist. Currently there is a mobile home located on the property at the site of the proposed Art School building. The mobile home will be removed from the property prior to construction of the building. STAFFRPT . 021 1 The single family home will partially be converted into administrative offices. Living quarters will be maintained in the house. The future gallery is projected to be 2, 000 square feet in size. In addition to the exhibition of sculpture and art work, the gallery will have a small theater that will feature a video on sculpture production and the art school, and an office. Adjacent to the gallery will be a supervised children's sculpture garden. An open event area available for outdoor events is proposed adjacent to the lake. The Applicant has expressed a desire to make the park available for weddings, charity events, and other private or public functions. Snack bar structures with coin operated vending machines will be located on the park grounds. Further Planning Consideration The City Council raised concerns about the proposed emergency access gates, public parking, large group events, and the perimeter emergency road at the meeting of September 21, 1993. The concern that the proposed emergency gates would be left open for public entry was expressed. Staff requested that the Fire Marshal respond to this concern. In a memorandum dated October 7, 1993, the Fire Marshal states that the perimeter road is required due to the depth of the Applicant's property and the need to have access to all buildings on the property. The memorandum goes on to state that the emergency gates will be controlled with Knox key operated switches to allow access by the Fire Department. The road will be posted "Fire Lane" and parking will not be allowed ( Attachment No. 3) . Parking Lot Reduction The Applicant is also proposing to reconfigure the parking lot and reduce the number of parking spaces from 52 to 30 as the future gallery is now anticipated to be only 2,000 square feet in size. There is room to expand the parking lot if needed. The proposed 30 spaces will be more than adequate to service the Art School as the City's off-street parking requirement for this type of private school is 20 spaces per classroom, plus 1 per office. The Art School will have one classroom that will accommodate up to 20 students. The future gallery will be reviewed for parking requirements at the time the plot plan application is submitted for review. If it is determined that additional parking will be necessary for the gallery, there is ample room to expand the parking lot according to the proposed site plan. Large Group Events Outdoor events with anticipated attendance which exceeds the parking lot capacity will be required to have a Minor Temporary Outdoor Event (MTOE) permit. The proposed parking lot will accomodate 30 cars, which when multiplied by 4 persons per car sets the threshold at 120 persons. The MTOE permit application will allow staff to review overflow parking and traffic arrangements, required restrooms, food service operations, fire safety, and trash provisions for each event with an anticipated attendance over 120 persons. STAFFRPT . 021 Sign Request Following the September 21, 1993, City Council meeting, the Applicant requested the approval of a freestanding sign to be placed at the public entrance to the property. The sign is 24 square feet in size, as allowed by the sign ordinance; made of wood painted white, with blue painted lettering that is 10 inches high. The sign structure will be 7 feet in overall height. The sign has not been reviewed by the Design Review Board or the Planning Commission. The blue lettering is suggested to coordinate with the blue tile accent trim on the existing masonry entry gate, and the white sign background to coordinate with the white rail fencing. The Applicant has provided an exhibit of the requested sign (Attachment No. 4) . Should Council desire to approve this sign, a change in the Condition No. 45 will be necessary. Possible wording is as follows: "Signage for this project shall be limited to the one free-standing sign indicated on Exhibits S-1 and S-2. Any additional advertising and directional signs shall be submitted for approval of the Planning and Development Department pursuant to the requirements of Chapter 9.212 - Sign Regulations prior to installation." Council does have the option to refer the sign back for review by the Design Review Board and Planning Commission. Staff recommends additional review of the proposed sign by the Design Review Board. ANALYSIS: The Applicant has agreed to restrict public vehicles from the main existing gated entry and driveway due to its narrow width. A public access will be provided off of Madison Street into the new parking lot. An emergency access at the southeastern and northeastern corners of the property will provide secondary access for fire and emergency vehicles. These gates will be kept locked by Knox key locks that are only accessible by the Fire Department. A shuttle service is proposed for transport of the Art School students from the parking lot to the school. The shuttle service is required since the existing concrete driveways are not of sufficient width to be used as 2-lane roadways according to City standards. There are no significant environmental issues with this project. Staff has prepared a Negative Declaration of Environmental Impact of the project. Staff has not received any telephone calls or letters stating opposition to the project. RECOMMENDATION: By Minute Motion 93- move to approve Public Use Permit 93-016, subject to the attached Conditions of Approval ( Exhibit "A") and to certify the Negative Declaration of Environmental Impact for EA 93-269, subject to required mitigation measures as contained in the Initial Study. By Minute Motion 93- move to require the proposed free-standing sign to be reviewed by the Design Review Board. STAFFRPT . 021 3 PH #2 STAFF REPORT PLANNING COMMISSION DATE: NOVEMBER 28, 1995 CASE NO.: TENTATIVE TRACT MAP 28259 REQUEST: RECOMMEND THAT THE PLANNING COMMISSION: APPROVE THE SUBDIVISION OF 14 ACRES INTO 22 SINGLE FAMILY LOTS AND OTHER AMENITY LOTS LOCATION: SOUTHWEST CORNER (ATTACHMENT FPGA BOULEVARD AND JACK NICKLAUS BOULEVARD APPLICANT: KSL PGA WEST CORPORATION AND KSL HOTEL LAND L.P. REP: MR. S. CHEVIS HOSEA PROPERTY OWNER: KSL HOTEL CORPORATION/KSL PGA WEST ENGINEERS: WATSON AND CHRISTIANSEN ENVIRONMENTAL CONSIDERATION: GENERAL PLAN: ZONING/ SPECIFIC PLAN: STAFFRPT.049 THIS TRACT MAP APPLICATION IS PART OF PGA WEST, AND HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 65457(A) BECAUSE AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED FOR THE "PGA WEST SPECIFIC PLAN" AND CERTIFIED BY THE CITY COUNCIL ON MAY 1, 1984. A SUBSEQUENT EIR WAS PREPARED AND ADOPTED AS PART OF AMENDMENT #1 IN 1988 (SEPTEMBER 20, 1988). THEREFORE, NO ADDITIONAL ENVIRONMENTAL REVIEW IS DEEMED NECESSARY. LOW DENSITY RESIDENTIAL (2-4 DU/AC.) R-3 (GENERAL RESIDENTIAL) AND VILLAGE CORE DISTRICT BACKGROUND: Site Background In 1984, the City approved the Landmark Land (LML) PGA West Specific Plan (83-002) permitting 5,000 single family homes, a Resort Village (400 hotel room units, 250 apartment/condominium cottages, and support facilities), four 18-hole golf courses, and other commercial resort facilities on 1,600+ acres (Attachment 2). LML amended the plan in 1988 to permit the height of the hotel to be six stories instead of four stories and added 350 hotel rooms thereby increasing the hotel cottage portion to 1,000 rooms. In 1989, they amended the plan a second time to enlarge the project area by 21.5 acres to 1,686 acres. In 1989, the City Council approved a plot plan application for a 1,000 room hotel on the east side of PGA Boulevard (PP 89-413). The plan included ancillary uses which included an arrival center, conference center, five restaurants, night club and retail space (Attachment 3). This past plot plan approval has recently expired. Commission and Council recently approved under Plot Plan 95-552 a model complex on Lots 1 through 9 of the tract. The proposed house plans range in size from 2,065 sq.ft. to 4,542 sq.ft. The Commission on September 26, 1995, approved minor adjustments to the original plans (Plot Plan 95-565) allowing new facades, architectural additions and minor house sizing changes. The models are currently under construction. On July 5, 1995, the Community Development Director approved a three -lot parcel map including this site and the properties to the north (Parcel Map 28194, Attachment 4). Parcel 1 is 22.65 acres and includes the Clubhouse and Tennis Club complex. Parcel 2 contains 3.88 acres and overlays the model homes (proposed as Lots 1-9) and sales parking area. Parcel 3 (7.64 acres) consists of the bye golf hole and additional vacant property (i.e., noted as golf on the map exhibit). They recorded the map with the County of Riverside on September 20, 1995. Surroundin Zoning/Land Use The properties, around this area, are within the PGA West Resort. The properties are zoned R-2 and R-3. To the northwest is the existing golf course, and to the north is the private PGA West Clubhouse and Tennis Club. To the south are vacant properties, homes on the west side of Cedar Crest, and portions of the golf course. To the northeast (across PGA Boulevard) is a vacant parcel that is set aside for the future resort hotel. STAFFRPT.049 Project Request The applicant has proposed to create 22 single family lots and various other non- residential lots on 14 acres south of the private PGA West Clubhouse and Tennis Club complex. The project density is 1.5 dwellings per acre. The lots vary in size from 55-feet in width to by 130 feet in depth (0.16 acres) to approximately 120-feet in width by 154-feet in depth (0.4 acres). The single family lots are generally single -loaded and either back up to or front onto Lot 22, the bye golf hole, for the existing private Jack Nicklaus Golf Course (Attachment 5). They show Lot 22 also for a future single family house. The applicant is requesting access to the tract via Jack Nicklaus Boulevard from PGA Boulevard (i.e., 280-feet south). A private two-way street is shown providing internal access to all lots with secondary access to Cedar Crest. No permanent access on PGA Boulevard is proposed; however, temporary access to the under construction model complex is permitted. Public Notice We advertised the case in the Desert un newspaper on November 17, 1995. All property owners within 500-feet of the affected area were mailed a copy of the public hearing notice as required. Public Agency Review Staff mailed a copy of the applicant's request to all public agencies on October 13, 1995. We received no negative comments. Environmental Assessment An Environmental Impact Report was prepared for the PGA West Specific Plan in 1984 (SP 83-002). The City Council certified this document on May 1, 1984. Subsequent amendments have been permitted and certified by the Commission and Council. Therefore, this site has received prior environmental consideration and we deem no further considerations warranted. STATEMENT OF THE ISSUES - Issue 1 - PGA West Specific Plan The adopted specific plan for this community outlines its long term development pattern. Its text includes a land use map and narrative describing all land uses in the area. The proposed tract map is in the "Village Core" district. The uses allowed are housing units, and services associated with the hotel complex (Resort Village, Attachment 6). Also, permitted are private recreational amenities. STAFFRPT.049 The proposed housing units, although residential in character, no longer reflect the characteristics associated with the hotel complex. Further review of the existing specific plan shows other changes have been made to the land use designations as the PGA community has progressed. Therefore, staff is recommending the specific plan land use map be updated to show existing and future residential, commercial resort commercial and other land use designations within the entire project (Condition 53). Issue 2 - General Plan Consistency The City's General Plan designates the site as Low Density Residential (2-4 dwellings per acre) which allows single family housing. The specific plan is consistent with the existing General Plan and its internal elements because only 5,000 homes are allowed in the PGA West development along with other commercial resort amenities. The proposed single family development is consistent with the City's General Plan and Zoning Code as designed. Issue 3 - Tract Design/improvements Private streets are proposed for this subdivision map as permitted by SP 83-002. Access to the site will be from Jack Nicklaus Boulevard and Cedar Crest. All private streets will be a minimum of 32-feet (or larger) as established by the General Plan, Subdivision Ordinance and SP 83-002. The applicant's proposal is to provide 33-foot street right-of- ways which are consistent with our private street size standards. No flag or irregular lots are proposed. They will improve access to this area because Cedar Crest will no longer be a 1,400' cul- de-sac street. The new private streets will form a circular street system that will improve internal project access (i.e., joining Cedar Crest, Riviera and Jack Nicklaus). Street and other infrastructure improvements are required for this project. The recommended conditions will insure that all on -site work is consistent with City standards. Issue 4 - Environmental Consideration An EIR was prepared for the PGA West Resort in the early 1980s. The City Council certified the EIR and approved this master planned development request in May of 1984. The plan allowed 5,000 single family homes, golf courses, a resort hotel(s) and other related resort facilities (i.e., a commercial site at Avenue 54 and PGA West Boulevard). Subsequent amendments permitted 350 additional hotel rooms in 1988 (Amendment 1). The project is exempt from further environmental consideration because no changes are proposed greater than that which was planned or approved between 1984 and 1988. STAFFRPT.049 Issue 5 - Health and Safety As mentioned above, all necessary infrastructure improvements for this project are required. This includes water, sewer, streets, and other necessary improvements that will insure that once they build no other major improvements will be warranted. All electric services will be undergrounded and they will meet all requirements of the service agencies (gas, electric, water, etc.). Off -site sewer improvements exist for the project. Fire safety hazards will not occur since they provide two permanent points of access. We will allow the temporary access at the model complex until they sell the homes thus providing three access points for a limited period. We permit one access point since the site is small but having more than one provides additional safety measures for police and fire responses. CONCLUSION: The property owner's request is a logical use of the site because Specific Plan 83-002 permits housing units or hotel rooms in the Village Core area. Our General Plan also identifies this area for single family homes based on the LDR designation. The site is next to other residential areas to the south and the applicant has proposed new street improvements that will interconnect their project with those condominiums on Cedar Crest. We feel this subdivision request, as conditioned, is consistent with the existing golf course and private recreational facilities to the north. No physical constraints prevent the development of the site as planned. (RECOMMENDATION: Adopt Planning Commission Resolution 95- , recommending to City Council conditional approval of Tentative Tract Map 28259. Attachments: 1. Location Map 2. PGA West Exhibit 3. Hotel Exhibit 4. Parcel Map Exhibit 5. TTM 28259 Exhibit 6. Resort Village Information STAFFRPT.049 RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT 28259 TO ALLOW THE CREATION OF A 22-LOT SINGLE FAMILY RESIDENTIAL LAND SALES SUBDIVISION WITHIN SPECIFIC PLAN 83-002 AT PGA WEST CASE NO. TT 28259 - KSL PGA WEST CORPORATION/ KSL HOTEL LAND L.P. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of November, 1995, hold a duly noticed Public Hearing to consider the request of KSL to subdivide 14 acres into 22 residential lots and other common lots, generally on the west side of Jack Nicklaus Boulevard and south of PGA Boulevard in PGA West, more particularly described as: BEING A SUBDIVISION OF A PORTION OF PARCELS 1, 2 AND 3 OF PARCEL MAP NO. 28194 (WAIVED), TOGETHER WITH A PORTION OF LOTS 1, 2 AND 3 OF TRACT NO. 25499-4 AS RECORDED IN BOOK 231 OF MAPS AT PAGES 73 THROUGH 76, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LOCATED IN THE S.W. ONE -QUARTER OF SECTION 16 AND THE N.W. ONE - QUARTER OF SECTION 21, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN. WHEREAS, said Tentative Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Director has determined that the proposed tentative tract is a part of and is consistent with the PGA West Specific Plan (SP 83-002) for which an Environmental Impact Report was certified on May 1, 1984, and a supplemental update was accepted on September 20, 1988. Based upon the above information, the determination was made that the proposal is exempt from further environmental consideration per Section 65457(a) of the California Government Code; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following Mandatory Findings of approval to justify the recommendation for approval of said Tentative Tract Map 28259: A. The proposed map or vesting map is consistent with the City of La Quinta General Plan and any applicable specific plans. Tentative Tract 28259 is consistent with the goals, policies and intent of the La Quinta General Plan in that the PGA West Specific Plan (SP 83-002) was envisioned to function as a major residential, recreational, and resort project oriented around golf and tennis. The Specific Plan approval contained conditions to ensure among other things consistency with the General Plan and mitigation of environmental consequences. The site is zoned R-3 (General Residential) which permits single family developments. The applicant has previous house plans approved for this site (Plot Plan 95-552/565) as required by the City's Compatibility Ordinance. The single story houses are required to meet all REsoPC 139/conaprA.348 Resolution 95- conditions of the plot plans, specific plan, and R-3 zoning standards. The development of the project, as conditioned, will be compatible with the surrounding area. B. The design or improvement of the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All streets and improvements in the project conform to City standards and those of the PGA West Specific Plan (83-002). All streets will be private and access for the single family lots Will be provided from Jack Nicklaus Boulevard or Cedar Crest. Permanent access to PGA Boulevard will not be allowed. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The subject site is physically suitable for the proposed land division, and the design of Tentative Tract 28259 will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because the site has been graded and all mitigation measures of the PGA West EIR were met at that time. The design of the subdivision, as conditionally approved, will not cause serious public health problems because urban improvements will be installed based on City, State, and Federal requirements. D. The design of the subdivision or type of improvements are not likely to cause serious public health problems. The subject site is physically suitable for the proposed land division, and the design of Tentative Tract 28259 will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because they have graded the site and all mitigation measures of the PGA West EIR were met. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements. No on -site septic facilities will be permitted. E. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. PGA West Resort is a private community permitted by Specific Plan 83-002. Thus, no streets within the tract are public. The attached conditions of approval require easements for other purposes. All easements required will provide areas for the infrastructure or needed facilities that benefit these properties, other public agencies, or adjacent neighbors. WHEREAS, in the review of this Tentative Tract Map, the Planning Commission has considered, the effect of the contemplated action of the housing needs of the region for purposes of balancing the needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Commission in this case; REsorc.139/conaprA.348 Resolution 95- 2. That it does hereby reconfirm the conclusion of the previous Environmental Impact Report for the PGA West Specific Plan for this Tentative Tract; 3. That it does now recommend approval of the above -described Tentative Tract Map 28259 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 28th day of November, 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 RHsoPC.139/conaprv1.348 PLANNING COMMISSION RESOLUTION 95- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 28259 - PGA WEST NOVEMBER 289 1995 GE 1. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 2. Tentative Tract Map No. 28259 shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance and Specific Plan, unless otherwise modified by the following conditions. The tentative tract map shall expire and become void two years from City Council approval unless extended pursuant to the City's Subdivision Ordinance. 3. If the applicant desires to phase improvements and obligations required by the conditions of approval and secure those phases separately, a phasing plan shall be submitted to the Public Works Department for review and approval by the City Engineer. The applicant shall complete required improvements and satisfy obligations as set forth in the approved phasing plan. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a construction sequencing plan for that phase is approved by the City Engineer. 4. Prior to the issuance of a grading or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: - Fire Marshal - Public Works Department (Grading Permit, Improvement Permit) - Community Development Department - Riverside Co. Environmental Health Department - Desert Sands Unified School District - Coachella Valley Water District - Imperial Irrigation District - California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. For projects requiring NPDES construction permits, the applicant shall include a copy of the application for the Notice of Intent with grading plans submitted for plan checking. Prior to issuance of a grading or site construction permit, the applicant shall submit a copy of an approved Storm Water Pollution Protection Plan. conaprv1.348/resopc.139 Conditions of Approval - Recommended Tentative Tract 28259 - PGA West November 28, 1995 to issuance of a grading or site construction permit, the applicant shall submit a copy of an approved Storm Water Pollution Protection Plan. 5. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 6. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the subdivision and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or filing of a certificate of compliance for waiver of a final map. The conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all essential improvements which are located on privately -held lots or parcels. 7. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties. 8. The applicant shall dedicate 10-foot public utility easements contiguous with and along both sides of all private streets. 9. The applicant shall create perimeter setback Iots, of minimum width as noted adjacent to the following street rights of way: A. PGA Boulevard - 20 feet The minimum width may be used as an average width if meandering wall designs are approved. For developments with public interior streets, perimeter setback lots shall be dedicated to the City. For developments with private interior streets, setback lots shall be deeded to the homeowners' or lot owners' association. Where public sidewalks are required, the applicant shall dedicate blanket easements over the setback lots for those purposes. 10. The applicant shall vacate abutter's rights of access to PGA Boulevard. Access to this street shall be restricted to street intersections or other approved access locations. 11. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, and common areas. conaprv1.348/resope.139 Conditions of Approval - Recommended Tentative Tract 28259 - PGA West November 28, 1995 12. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. 13. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans 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. 14. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the developer may acquire standard plan and/or detail sheets from 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. lug' : ►/ UVILMOM 15. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of the map or issuance of a certificate of compliance in lieu of a final map. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 16. If improvements are secured, the applicant shall provide approved estimates of improvement costs. The estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. conaprvl.348/resope.139 Conditions of Approval - Recommended Tentative Tract 28259 - PGA West November 28, 1995 Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. 17. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements (ie: streets) and development - wide improvements (ie: perimeter walls & landscaping, gates, etc.) shall be constructed or secured prior to approval of the first final map unless otherwise approved by the engineer. GRADING 18. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 19. The applicant shall comply with the City's flood protection ordinance. 20. A thorough preliminary engineering, geological and soils engineering investigation shall be conducted. The report of the investigation ("the soils report") shall be submitted with the grading plan. 21. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 22. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within this development, but not sharing common street frontage, where the differential shall not exceed five feet. If the applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve alternatives that preserve community acceptance and buyer satisfaction with the proposed development. 23. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, La Quinta Municipal Code. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. conaprvl.348/resopc.139 Conditions of Approval - Recommended Tentative Tract 28259 - PGA West November 28, 1995 24. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by development phase and lot number and shall be cumulative if the data is submitted at different times. 25. Stormwater falling on site during the peak 24-hour period of a 100-year storm shall be retained in accordance with the approved hydrology study and drainage plan for the PGA West development. UTILITIES 26. 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. STREET AND TRAFFIC IMPROVEMENTS 27. The City is contemplating adoption of a major thoroughfare improvement program. If the program is in effect 60 days prior to recordation of any final map or issuance of a certificate of compliance for any waived final map, the development or portions thereof may be subject to the provisions of the ordinance. If this development is not subject to a major thoroughfare improvement program, the applicant shall design and construct street improvements as listed below. 28. 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 and Supplemental Drawings and Specifications, and as approved by the City Engineer. Street right of way geometry for cul-de-sacs, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. Street pavement sections shall be based on a Caltrans design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading, including site and building construction traffic. The minimum pavement sections shall be as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. conaprv1.348/resope.139 Conditions of Approval - Recommended Tentative Tract 28259 - PGA West November 28, 1995 Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" The applicant shall submit pavement mix designs for review and approval by the City prior to the scheduling of pavement construction. 29. Improvements shall include all appurtenances such as traffic signs, channelization markings, raised medians if required, street name signs, 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. 30. The City Engineer may require improvements extending beyond subdivision boundaries such as, but not limited to, pavement elevation transitions, street width transitions, or other incidental work which will ensure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. 31. The following minimum street improvements shall be constructed to conform with the General Plan street type noted in parentheses: A. OFF -SITE STREETS 1) None for this tract. B. PRIVATE STREETS AND CUL DE SACS 1) Residential - 33 feet 2) Collector (>300 homes or 3,000 vpd) - 40 feet wide. Main subdivision entry streets, main circulation routes, bus turnouts, acceleration/deceleration lanes, and/or other features contained in the approved construction plans may warrant additional street widths, raised medians or other mitigation measures as determined by the City Engineer. 32. All streets proposed to serve residential or other access driveways shall be designed and constructed with curbs and gutters or shall have other approved methods to convey nuisance water without ponding in yard or drive areas and to facilitate street sweeping. 33. Prior to occupancy of homes or other permanent buildings within the development, the applicant shall install all street and sidewalk improvements, traffic control devices and street name signs along access routes to those buildings. conaprvl.348/resopc.139 Conditions of Approval - Recommended Tentative Tract 28259 - PGA West November 28, 1995 34. The applicant shall provide landscape improvements in the perimeter setback areas or lots along PGA Boulevard. 35. Landscape and irrigation plans for landscaped lots, landscape setback areas, medians, common retention basins, and park facilities shall be prepared by a licensed landscape architect. Landscape and irrigation plans shall be approved by the Community Development Department. Landscape and irrigation construction plans shall be submitted to the Public Works Department for review and approval by the City Engineer. The plans are not approved for construction until they have been approved and signed by the City Engineer, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 36. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 37. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way. 38. Unless otherwise approved by the City Engineer, common basins and park areas shall be designed with a turf grass surface which can be mowed with standard tractor -mounted equipment. 39. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. WALITY ASSURANCE 40. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 41. 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. conaprv1.348/resopc.139 Conditions of Approval - Rccom.nended Tentative Tract 28259 - PGA West November 28, 1995 42. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. 43. The applicant shall make provisions for continuous maintenance of all improvements. 44. The applicant shall provide an Executive Summary Maintenance Booklet for streets, landscaping and related improvements, perimeter walls, drainage facilities, or any other improvements to be maintained by an HOA. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the HOA in planning for routine and long term maintenance. 45. 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. 46. Prior to approval of a final map or completion of any approval process for modification of boundaries of the property subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay all costs of the reapportionment. &:_ O 47. Prior to approval of the final map, the applicant shall convert, or secure the cost to convert, the model complex parking lot and access drive to perimeter wall and landscaping or other approved site uses. 48. If a wall is constructed between this development and the adjacent tennis club, the wall shall provide a minimum of three feet of clearance behind any street curb in this development. 49. Schedule A fire protection approved Super fire hydrants, (6" x 4" x 2-1/2" x 2-1/2") shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1000 gpm for 2 hours duration at 20 psi. conaprvl.348/ reso pc.139 Conditions of Approval - Recommended Tentative Tract 28259 - PGA West November 28, 1995 Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 50. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning & Engineering staff at (619) 863-8886. 51. Those conditions imposed for Plot Plans 95-552 and 95-562 shall be met unless modified herein. 52. All conditions of SP 83-002 (as amended) shall be met. 53. Prior to issuance of the final map, the applicant shall provide staff with a revised GPA West Land Use Exhibit that reflects the existing and future development plan for this master planned area under Specific Plan 85-002. conaprv1.348/resopc.139 ATTACHMENTS 9 N 0 En a� ti Avenue 54 LOCATION MAP an A IFIF&C MNIZB IF 2 I 0 Madison St. o IU U cMo , Ala o� cn U � U -� �i 5 2 o= E 0 o a0i 0 a PC 2 U cl: `\ , \( 0 ' o ' and - 18 0 —�< o — (n lie, 8LUR) ►1 i'--------------- -_l �PN(P RASA MO\314,NN' 9 � �iih lhi Intl Lllii� � llliii{iill�iiill: W hill II, 611� ��II t ��III�I o !i�!:I!il:Illli�l: - o � /O J pmainog Dow* It i. IE33.1�_ F a2 d �3 a IN 11r Clt 0/ fA OV/NrL COUNrT O/ AITINSIOt, Mrs o/ C"JPOMfA TENTATIVE 'ARCEL MAP ' N0. 2819, (WAIVER) slime .DMSION OP PARCU I AND Me "MAINDJR PA'.1, 0/ PAACJL YAP NO slN6 A. nNCORDJO IN DOOZ 186 OF PAACJL YAPS Ar PACJS If rHAOUCH SS lNCLUSM Of SCCS OF urJRSfrf CN 9 O I-QUAANII. L SIM IN rgr S J ONE-aVARrrR 0/ GSCT1oN I6 AND rgr N D OMJ-OUTRANK 0/ SfCT/ON lf, f9INSH/P f SOI/fr. PANGS r 4ST. SAN DJRNAADINO YJUDLIN. APRIL 1995 WATSON & CHRISTIANSEN ENGINEERING p I A.D. 10/00.OD mflA MAY r� 1995 i • Parcel =1111 CITY OF t-A CUINTA PLANNING DEPARTMENT u Nww, OWNAVDE7310PdR w �JL NA IrIOT aoweA.frort 61-I" P4 ALM fDA tiM gqD�L?A. 1011CAL!/pAM "I" f,am L;M V aPad-140 PANTI. LA OUINTA. CALMORN4 sags (f19) 666-1088 ENGINEER IArSON 1 CHRISTLNSJN gNClNIsuNG P.0 DOr fa V OUINTA. C1U"MIA ala (f u) All-na UTILITIES wArrRr coAcrrNA rALlsr IArrA Dlsmicr SZMA COA4lsLL IAI"r rArgA DlsrIUCT CLf: SOVTXS N C"J"ANU "I COYPA" EARentIC IMISN" II e4voN DIsrNICT r$98PrONS. CgrsfUL TSUPrONg MUMMY, COLON? CAAAMS1011 scmL attract: dtssrr surds ggingd scroaL asrucr LAND USE iLTStTNC BAND rSl: C�OpAP COgAtg/1•AIJNf tUAROUNdINd L DSUJt: COL CbURJI/RJJI.11ACANf Ir: r Future Hotel Siter f • Parcel 2 r • r r • s.Ds Aa -,Model Complex 3 \•\ , 794 AC. `\\ Parcel , TRACT NO. 19/0", Y JfN►ar gIpO11NL ZONINC ZZISTINC ZONING: A-t PAOPOSZD ZONING: A-! SUAAOUNDINC ZONINC. A-f/A-1 I/ • '�I i • YNACT NO. 2141410 TUACT C`li 6" IM flfrJhfl v Z dw f P/v Pti LEGAL DESCRIPTI(f ti IflAe A IOfllrlf/eA eP I, a III YYAIAIfI PAAA'fl N f oldw; AIAr- 91606 Af A&WASS M Ib PAOCIL —9 Ar Plflf •I rI—f N IACLO m AATfAAf N ArrNA fe NM4 AAtlrI1 lA rff f I IAf�oftf N fRM- rl -r ref el. N —ITS OI JICIfeII ffflD f fefrR AAAGf I fAf► SAX IIAA 4I IT U ASSESSOR'S PARCEL NO.'S EASEMENTS_ (� rft-r50-006. 010. OIt, yfre nn w m w uN.A O/s. Sir • MYIfY•N NOA Il PARCZL I (CLUIROUsfs) I,.AC. rAo 0An lvAVJeT n IrIAIL11, a'fAYTN N VideoAf•Wl PARClL f (RfsrOfNrLAL) S.a AC. PARM s (COL/)?.So C. MAL SLID AC: ( �ATA011 ! Cfl111.T111U / 0 -at rrrr at as aonrs. coamy a nmAJros. srars or rAtIP U TErZ'I-Alta TRACT MAY NO. ' 3259 NUMAdMINTU lO/A7OK1TO1O►►AaA1r.....AMa0P ►ARM6WOM'on MAITOO.TOORTMO[wr7 A/ LAM AND2OF OF TRACT Of MO. 21M 2M L61MA/ Of NOOK 20 OF Of MOOR OA31 P MAPS AGMAT WWUAGES O ".awn N AM tCf71AN07 W70AC7 M0. ifMlMR[MIXT 01000[64J"n3k AT ►AG/8/16AMTMIL .mta• 0/t1T�{mIIIRT.tA1DOt10A, COCATID WAIK77.ONaQWKitK OP 6tC170R LAIm7O 611r. Old. pIM0Ii00106LT101114TOO/®/0007L YMfi 7 WC.••e...r.. AUGUST 1995 p I .d ..�.« 066P OINNRlDNYNLOPSR p,Y100aJf>•® 60-IM PCA 84M 4 GUMA.-A'lfa#= MSM (nu ata.,oM IA @UINTA. CALA/OAMu SaMS (OS) 6N-ION NNGINNNR WATSON N CNAISTIAMSAN AMCAMAAAMIC PO sag 'a IA OUINTA. CALZMAN/A aAtM (QS) TTI-97311 UTILITINS EArAL caAcmxuA PAwrr rATNa Dlara7CT SEUSR COACKS A IAA"r PArAA DISTRICT CASs SOUTMADM CALLFU MIA CAM COMPANY SIDCTRIC nwxxLtt malCArIOM DISTRICT rDaysOMs, ca RJL" rASAPNDNA TRL9713MMs CDIDNT CAALA►MIOM SCTMU A13TXXP DAAAAr SANDS UMORD SCM0" DISTRICT LAND USS CUSTIMC "No USA, COIF COUMSS/rACAMT PROPOStD LAND USE, COLP COUASS/AASIDANTT{C SUDAOUNSINC LAND USS, COIF COURSE/ASSIDNNTIAI./IACANT WATSON & CHRISTIANSEN ENGINEERING "ACT as orm-1 Y AY6►M BBaaAldr >1�1 -u M� N3 1, f ZONING tS/SRNC SOM/N6 R-t PROPOSSO tONINF a-t SUAROUNOINC AONINC, A-I/11-a ASSESSOR'S PARCEL NO.'S 76/.76410. 0116 61i aL 614 617 76A4I04K 6B6 MK M& SM AREA CALCULATIONS tramanuL 6.7 AC/lti-- N�rTf 7f0Q}7 L AC(/AA 0060a A0sA u ,OACAIA7'/.K:x1 LS 1J ACAUAY.7rAtt) TOLL b" Ac. PRIVATE STREEr SECTION IArT i � IwwaPlT .I 1 1 1 I 1 `1 PRIVATE STRSdr SECTION PGA B jv d6 _ TaACT n.a M07 awt aaBw6il r�'� ,� ING L DESCRIPr/OD� tm,CA6Ua01/A10M 0rAK 1►PA0l7aa LaA7ml00 PAWMbWl6D.1otl (71AITM TOGKTI R 1I7}K ,� ONO► {Ofi 1 AND a or TOALT "M LAM AA ![MMM IN BOOK LI OF I PACUS O TMMUGM 7L RECOMM OF t1TSK7mK COUNTY. CAIDORMA. / TM Kw. OMKg1ANRK OP@CTIOM 14 AM T= R.N. Ol60UAArtK OPm�'v .. TOAKB®6BOUM BAllm?"Mr.MM OiLMa00,O 6d00>AA. NOMS, uo a Na s0aasr w 67oPYK amYl,aa Y AAs6 Nab" l 6 a a 1 a 6 t A 1 a a��1C���I� 6 RESORT VILLAGE (1984 Plan) The Resort Village will be constructed on 65 ages and will include 400 hotel units in multi -story complexes, 250 apartment/condominium cottages clustered in two- and three-story buildings and approximately 120,000 square feet of support commercial facilities, professional office space, golf clubhouse facilities and specialty commercial. A fitness center including a swimming pool, spas, locker rooms, exercise rooms, tennis and racquetball courts and associate) pro shops will also be a part of the Resort Village. public acre a y w golf course 4 story pot 9 A NorAh f aubhouse ort "lei � J\ secured access r tennis courts -apartment / condominium cottages BI #1 PLANNING COMMISSION STAFF REPORT DATE: NOVEMBER 28, 1995 CASE: SPECIAL ADVERTISING DEVICE 95-088 APPLICANT: LEXUS CHALLENGE (HOSTED BY RAYMOND FLOYD) REP.: MR. IRWIN KENNEDY REQUEST: APPROVAL OF TEMPORARY ADVERTISING FOR THE LEXUS CHALLENGE GOLF TOURNAMENT AT THE CITRUS GOLF COURSE IN DECEMBER 1995 LOCATION: WEST OF JEFFERSON STREET AND NORTH OF AVENUE 52 (ATTACHMENT 1) Lev rITi -Z . I On November 15, 1995, staff received a request by the Lexus Challenge to utilize off - site directional signs for a golf tournament at The Citrus Course at the La Quinta Resort & Club from December 13th through the 16th. This is the first golf tournament to be held by Lexus at the newly completed Citrus Clubhouse. Mr. Irwin Kennedy has informed staff that Lexus has a three-year contract with KSL to hold the tournament at this site. The off -sate signs are proposed in the right-of-way along Washington Street, Jefferson Street, Avenue 50, Eisenhower Drive, and Avenue 52. Approximately 22 off -site signs are proposed. The proposed signs are three feet by three feet (9 sq. ft.) and the overall height will be no higher than seven feet in overall height. The signs will be placed 6-feet from the existing street paving for traffic safety (Attachments 2 and 3). ►/ . 07 ••- - . •� Section 5.64.020 provides, in part, that permits are to be issued for special purposes, and not on a continuing basis for permanent advertising or identification purposes," and further, "... each permit shall be issued for a specific period." PCGT.127/conaprv1.350 This application request is similar to other golfing events approved by the Planning Commission in the last ten months (i.e., Diners Matches, Liberty Mutual, Bob Hope Classic, etc.). Staff recommends approval of the request as conditioned. By Minute Motion 95-_, approve Special Advertising Device 95-088, subject to the attached Findings and Conditions of Approval. Attachments: 1. Location Map 2. Sign Exhibit 3. Sign Location Map PCGT.127/conaprv1.350 CONDITIONS OF APPROVAL - RECOMMENDED SPECIAL ADVERTISING DEVICE 95-088 LEXUS CHALLENGE NOVEMBER 28, 1995 The sign application request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Subsection B). 2. The signs are temporary and relatively small. Therefore, the impact to existing adjacent areas and/or traffic will be minimal. Additionally, the signs are well designed. 3. The temporary signing request, as conditioned, will meet the provisions of Chapter 5.64 of the Municipal Code. The advertising is needed for this special function. 1. The applicant shall obtain an encroachment permit from the Public Works Department before placement of any advertising device(s) within the right-of-way. No advertising device shall be located within ten (10) feet of the edge of pavement or street curbing. The directional signs shall not interfere with vehicle or pedestrian traffic or reduce vision clearances for motorists. Off -site signs along Jefferson Street or other public access routes shall be mounted on maximum 2" by 2" wooden posts or other break -away material approved by the City Engineer. 2. A total of twenty-five (25) off -site signs shall be allowed unless otherwise approved by the Community Development Director. 3. The applicant shall obtain written approval from all private property owners if a sign is placed on their property. 4. The directional signs can be installed on December 6, 1995, and must be removed the day after closure of the event. 5. All on -site temporary banners shall be approved by the Community Development Department prior to their installation. 6. Advertising within adjacent cities or along Highway 111 shall be approved by the appropriate public agency. CONAPRVL.350/pcgt.127 C] CASE No. Avenue 52 CASE MAP Location Map Citrus Country Club SCALE: nts � _'y / 140s)ca, 3r ro •4 ��N� �l�r�• r 'o N;F lei E Al e /? I k.1 , -Pre c " 5 Z . ® G o A e-s f,45-- o O� ,ECG 0IZA'!K /p '40C1AT/00V .QN,� Ar+.ao,.s 'Fe IurRelU S gW, f Z e e- 4.7� a v(• a Al /e,* AX, 3� ,rye �� •.• �� s'�� ' di Si N 1�oLTS o N s1r X 3 <. co o 44 46 .97:F v .3 x .3 %PZyc , � C.40Oo o d• !a x3o- r I.eA, CITY OF IAA QUINTA i hway I ■C :rrrtrrr'` (Avenue 44) r y�rrry 111) m rrrr� m City Hal �o ► L t3 a� 3 La Quinta Cove aj w CASE No. Avre 52 PGA West CASE MAP ATTACHMENT 3 Aq �a! in 0 c 0 2 �nnnnr Airport Blvd. NORTH SCALE: nts Vicinity Map AL 9t MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 25, 1995 I. CALL TO ORDER 3:00 P.M. A. This meeting of the Planning Commission was called to order at 3:19 P.M. by Chairman Abels who asked Commissioner Adolph to lead the flag salute. II. ROLL CALL A. Chairman Abels requested the roll call: Present: Commissioners Adolph, Anderson, Barrows, Butler, Newkirk, and Chairman Abels. Absent: Commissioner Gardner. Commissioners Barrows/Newkirk moved and seconded a motion to excuse Commissioners Gardner. B. Staff present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Senior Engineer Steve Speer, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. III. PUBLIC COMMENT: None IV. WORKSHOP A. Continued - Zoning Ordinance Update; a request of the City for a review and approval of the Zoning Code Update. 1. Principal Planner Stan Sawa informed the Commissioners of the Chapters that had been reviewed and explained a request by the La Quinta Chamber of Commerce for review of a proposed temporary sign program. 2. Community Development Director Jerry Herman explained the proposed program would fall under the Permitted Temporary Sign regulations. He went on to explain the history behind the request and that it consisted of a directional sign program for the Village. 3. City Attorney Dawn Honeywell stated that because there are still concerns about opening the issue of off -premise signs, if the Commission decides to add this sign program to the Ordinance, they need to make findings that PC7.25 1 Planning Commission Meeting July 25, 1995 exceptions can be made in the Village District. Such findings would show it is difficult to find business locations in the Village District and because of these peculiar situations, findings can be made for off -premise signs for these businesses. It would need to be called the Village Directional Sign Program and would be limited and applicable to the Village District only. In addition, the sign patrons would be rotated on a basis not related to content and must be open to everyone in this Zone. 4. Community Development Director Jerry Herman stated that if the Commission agreed, staff would add this to the Permitted Temporary Sign section of the Sign Ordinance with the modifications as noted by the City Attorney. 5. Chairman Abels asked if the representatives of the Chamber would like to speak. Ms. Michelle Dallas, Executive Director of the La Quinta Chamber of Commerce, stated she was here to answer any questions the Commission may have. The program stems from their Business Development Task Force. She stated this would not be a revenue generator, but an asset to local businesses to held draw business. 6. Commissioner Butler asked what options were available to the City if the signs were not maintained; would there be any objection to adding a clause to the sign program that would allow the City to remove them if not maintained? Ms. Dallas agreed with the addition of the clause. It was the Chamber's intent that the money received would be for the installation and maintenance of the signs. 7. Ms. Dallas asked if the sign program had to be opened to all businesses and not just Chamber members. Commissioner Anderson stated that if it was limited to just Chamber members it would be discriminatory. Ms. Dallas then asked if they could provide a lower rental rate for members of the Chamber. City Attorney Dawn Honeywell stated this would be difficult as the only fees to be charged were those for the installation and maintenance of the signs. In addition, as the signs were to be installed in the public right- of-way it would be a problem. The Chamber would need to determine a method of selecting businesses for the sign program that was not discriminatory. Commissioner Anderson asked if the signs used for Chamber members could be made differently. Community Development Director Jerry Herman suggested the Chamber dues reflect a discount for those who are members rather than discounting the sign program. City Attorney Dawn Honeywell stated this could be an incentive to join the Chamber. PC7.25 2 Planning Commission Meeting July 25, 1995 8. Ms. Dallas asked about Conditions #5 and #6 regarding rotation of the panels, and asked if the Chamber could continue the contract for 11 months, rotated off for a month then continue on. City Attorney Dawn Honeywell clarified this was correct, but a mechanism needs to be put in place that if there are more businesses than panels, a method of rotating the signs that is fair to everyone is somehow put in place. 9. Community Development Director Jerry Herman clarified that the program was limited to only those businesses within the Village boundaries. Discussion followed regarding those businesses that were out of the boundaries. 10. Mr. Greg Shannon, Chamber President asked about placing a sign at 52nd Avenue and Bermudas to direct traffic. Mr. Herman stated this area was not within the Village. City Attorney Dawn Honeywell stated that since the sign was for assistance to direct traffic to the Village, a sign would be needed at this location to direct the traffic to the Village. 11. City Attorney Dawn Honeywell stated the size of the signs was not addressed in the memo. Community Development Director Jerry Herman clarified that the signs would be the same size and structure as the BIA sign program. 12. Commissioner Newkirk stated the current ordinance allows 12 square feet in size and questioned whether this sign would be larger. Community Development Director clarified that he was unsure whether or not the entire monument would be larger, but the individual signs were for the individual businesses. 13. Commissioner Adolph asked if the Planning Commission would be approving the generic sign and staff approving the individual signs. City Attorney Dawn Honeywell stated it was up to the Planning Commission to determine whether or not they would want the signs to come back to the Commission for approval or just have the Planning Commission approve the locations and have staff approve the business signs. Discussion followed regarding the wording on the signs and their locations. 14. Commissioner Adolph stated he felt the location and number of signs should be brought back to the Planning Commission for approval. PC7.25 3 Planning Commission Meeting July 25, 1995 15. Community Development Director Jerry Herman clarified the Planning Commissioners' direction: 1) accept the amendments of the City Attorney; 2) a requirement added concerning the City's authority to remove deteriorating signs; 3) clarifying the use of the revenues; and 4) the program would be reviewed by the Planning Commission for the number and locations of the signs. Staff stated this would be a new section entitled "The Village Semi -Permanent Directional Sign Program" under Permitted Temporary Signs. Chairman Abels asked about the boundaries. Community Development Director Jerry Herman clarified the boundaries. 16. Chairman Abels stated his concern about sign pollution. City Attorney Dawn Honeywell commented that this was what the Commission was to be considering. 17. Commissioner Adolph asked if the Planning Commission was the final authority for approving the signs. Staff stated yes, but all projects go to the City Council if approved. Staff clarified the procedure the ordinance would go through for adoption. 18. Commissioner Anderson stated his concern that the number of signs to be allowed not become visual blights. One of the findings for approving the sign program could be the lack of development in the Village. At such time as the Village is developed, the Ordinance could then be reviewed for any changes needed. City Attorney Dawn Honeywell stated this would give credence to proving the sign program was temporary in nature. 19. Staff clarified they would send a draft copy of the Ordinance to the Chamber so they would be prepared to address any problems at the public hearing. 20. Commissioner Anderson stated the sign appeared to be constructed out of wood. He suggested the Chamber clarify with the sign company how the signs would be changed without deteriorating the sign frame. 21. Commissioner Butler questioned how the City could put some enforcement behind the Sign Ordinance to see that illegal signs are removed. He suggested that perhaps during the application process, the applicant could be informed that the City has the right to remove any illegal signs that are not maintained. City Attorney Dawn Honeywell stated the Ordinance now allows the City to remove any illegal sign and impose fines. Staff clarified this was the responsibility of the Code Enforcement Department. Discussion followed regarding the process. PC7.25 4 Planning Commission Meeting July 25, 1995 22. CHAPTER 9.160 - Signs Page 010, Section 9.160.060 D. Maximum Height. Add, "No higher than eave line or top of wall building or 8-feet whichever is less." 23. Page 014, G. Time Extensions. Add "maximum of a one time extension". 24. Page 016, 2. and 5.a. and 5.b. Remove reference to Design Review Board and replace with Community Development Department. Chairman Gardner recessed the meeting at 5:17 P.M. and reconvened at 7:02 P.M. V. PUBLIC COMMENT: None VI. PUBLIC HEARINGS A. Public Use Permit 95-016; a request of Desert Sands Unified School District for approval to construct their District Educational Services Center of approximately 164,000 square feet of floor space located northeast of the intersection of Dune Palms Road and 48th Avenue. 1. Staff informed the Commission that the applicant had requested a continuance to the'Commission's August 8th meeting. 2. There being no questions of staff, Chairman Abels opened the public hearing. As no one wished to address the Commission, it was moved and seconded by Commissioners Barrows/Adolph to continue this item to August 8, 1995. Unanimously approved. B Municipal Code Amendment 95-045; a request of the City for an approval of an amendment to the La Quinta Municipal Code by revising Title 13-Subdivision Regulations. 1. Associate Engineer Fred Bouma introduced Mr. Jim Morrissey, of NBS Lowrey, who presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Following the presentation, Commissioner Adolph asked what the public response had been. Mr. Morrissey stated it had been received very well and they felt they had achieved their purpose in the public meetings. PC7.25 5 Planning Commission Meeting July 25, 1995 3. Commissioner Butler asked why the bond for labors and materials was increased to 100% of the contract price. Associate Engineer Fred Bouma stated that most of the cities contacted during the study were at 100% for security. Legal advice from the Ventura and Los Angeles County attorneys stated the City was at risk and exposed for labor and material claims that are closer to 100% of the improvements. These claims have been filed around the State and the City would be well advised to go to the 100%. Staff reviewed this in committee meetings and the response was that the bonding would not cost any more. 4. There being no further questions of staff, Chairman Abels opened the public hearing. Mr. Chevis Hosea, representing KSL, stated they were working with a bonding agent and if this policy was continued they would be penalized for supplying a form of collateral instead of a surety bond. The new ordinance would increase the amount of collateral. Discussion followed. 5. Commissioner Butler elaborated on the problems that have been encountered with bonds and Letters of Credit. Associate Engineer Fred Bouma stated the City could make a decision to make an exception when Letters of Credit are posted. The City is required by the Subdivision Map Act to have at least 50% labor and materials security. City Attorney Dawn Honeywell stated she would need to determine whether or not the City can discriminate between the different types of security offered. City is required under the Map Act to take a variety of types of security. It is not the City's choice but the developer's choice. 6. Commissioner Adolph stated it was a little high to post $2 million security for $1 million in work. 7. There being no further public comment, Chairman Abels closed the public hearing. 8. Commissioner Adolph stated he felt the Ordinance was well written with the exception of clarification on the bonding issue. He asked if the City Attorney could define in more detail what the developers would need to do in regards to bonding. City Attorney Dawn Honeywell stated the issue is whether or not the City can have a different requirement level where one developer is putting up cash collateral or a Letter of Credit rather than posting a bond. 9. Chairman Abels asked if this was on an individual basis. City Attorney Dawn Honeywell stated it would have to be available to everyone. PC7.25 6 Planning Commission Meeting July 25, 1995 10. Following discussion, the City Attorney was asked to determine whether or not different methods of credit were available. 11. There being no further discussion, it was moved and seconded by Commissioner Adolph/Barrows to adopt Planning Commission Resolution 95-030 recommending to the City Council certification of a Negative Declaration for the Subdivision Ordinance Update. ROLL CALL: AYES: Commissioners Anderson, Adolph, Barrows, Butler, Newkirk, and Chairman Abels. NOES: None. ABSENT: Commissioner Gardner. ABSTAIN: None. 12. It was moved and seconded by Commissioners Adolph/Barrows to adopt Planning Commission Resolution 95-031 recommending to the City Council approval of Municipal Code Amendment 95-045 amending the Subdivision Ordinance with review by the City Attorney to determine whether or not the City can have different requirements for Letters of Credit and cash securities as opposed to posting a bond. ROLL CALL: AYES: Commissioners Anderson, Adolph, Barrows, Butler, Newkirk, and Chairman Abels. NOES: None. ABSENT: Commissioner Gardner. ABSTAIN: None. C. Vesting Tentative Tract 27031 (Minor Change Amendment #1) - First Extension of Time; a request of Washington Square Property Owners for approval of a one year time extension. 1. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Abels opened the public hearing. Mr. George Marzicola, one of the Washington Square Partners speaking on behalf of the applicant, stated they had no objection to the Conditions of Approval and he was there to answer any questions. 3. There being no questions of the applicant or any further public comment, Chairman Abels closed the public hearing. 4. There being no discussion, it was moved and seconded by Commissioners Anderson/Barrows to adopt Planning Commission Resolution 95-032 recommending approval of Vesting Tentative Tract Map 27031, Amendment #1, Minor Change, first time extension, subject to the amended conditions. PC7.25 7 Planning Commission Meeting July 25, 1995 ROLL CALL: AYES: Commissioners Anderson, Adolph, Barrows, Butler, Newkirk, and Chairman Abels. NOES: None. ABSENT: Commissioner Gardner. ABSTAIN: None. D. Conditional Use Permit 95-020; a request of Harold and Harriet Harris for approval of an 11 room Bed and Breakfast Inn. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Anderson asked if there was a sample of the stone represented in the elevations. Staff showed an example and gave an explanation. 3. There being no further questions of staff, Mr. Charles Martin, architect for the project, stated he would answer any questions. 4. Commissioner Butler asked for an explanation of the field stone to be used. Mr. Martin explained that it was a quarry, limestone rock of different sizes that has been hand cut and stacked up. He went on to explain the look and method of installing. 5. Commissioner Anderson asked if it was a natural stone or cultural or fabricated, and grey in color. Mr. Martin stated it was grey in color and natural. Discussion followed regarding the placement of the stone. 6. Commissioner Adolph asked if the fireplaces were wood burning or gas. Mr. Martin stated they would be gas. 7. Commissioner Adolph asked why the architecture would be changed from French Normandy to Scandinavian for the units by the lake. Mr. Martin stated they were looking for a trellis effect, but he would study the application to have it blend in more. 8. Commissioner Adolph asked that since the pool would need to be fenced, would the lake also be required to be fenced and if so, what type of material was intended to be used. Mr. Martin stated he did not know at this time. 9. Commissioner Adolph asked what the diameter of the tree trunk to be installed would be. Mr. Martin stated that a growing contract has been made with one of the local nurseries to have the trees as large as possible before PC7.25 8 Planning Commission Meeting July 25, 1995 being installed. Mr. Martin asked if there was a specific size to be installed. Commissioner Adolph stated they would like to have full foliage or as they appeared on the plans. Discussion followed regarding tree sizes. 10. Mr. Hap Harris, the owner, addressed the Commission regarding his project. He clarified that full grown trees would be two -three years down the road. The trees installed would be mature trees, but the cost of installing full grown trees, was cost prohibitive. 11. Mrs. Harris addressed the Commission regarding their project. She thanked the Commission for their time and hoped the project would be an asset to La Quinta. 12. Mr. Charles Martin asked staff for clarification on Condition #6 regarding an archeologist. Their understanding was that they were purchasing a developable lot and these requirements had already been completed. Principal Planner Stan Sawa clarified that the grading and archaeological study had been completed, but this condition was to be sure that any remains discovered during site preparation would be recorded and an archaeologist contacted. 13. Mr. Martin questioned Condition #18 as this would requiring redrawing of some of their plans. Associate Engineer Fred Bouma stated it would have to be determined plan by plan, as it is a requirement that the City must retain the Mylar, they will have to be in the size as stated in the Conditions. Discussion followed. 14. There being no further public comment, Chairman Abels closed the public hearing. 15. Commissioner Butler asked if the waterfront would have to be fenced. Staff stated that if it is required it would be required by the State Health Department and staff would not need to address the issue. Commissioner Adolph stated the Homeowners' Association might want to address it for liability concerns. 16. Commissioners expressed their approval and anticipation of seeing the project completed. PC7.25 9 Planning Commission Meeting July 25, 1995 17. There being no further discussion, it was moved and seconded by Commissioners Adolph/Barrows to adopt Planning Commission Resolution 95-033 approving a Negative Declaration of environmental impact. ROLL CALL: AYES: Commissioners Anderson, Adolph, Barrows, Butler, Newkirk, and Chairman Abels. NOES: None. ABSENT: Commissioner Gardner. ABSTAIN: None. 18. It was moved and seconded by Commissioners Adolph/Newkirk to adopt Minute Motion 95-029 approving Conditional Use Permit 95-020, subject to conditions. Unanimously approved with Commissioner Gardner being absent. E. Plot Plan 95-559; a request of Stonington Properties for approval to allow construction of a commercial building of approximately 6,960 square feet of floor space. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Adolph asked what would happen along the east property line in regards to the landscaping. Staff stated there were cross easements for parking but there was an aisle and a double row of parking with no bumper stops. Commissioner Adolph asked how the shade requirements would be met. Staff stated this was part of a Master Specific Plan and it was approved prior to that requirement. 3. Commissioner Anderson stated there was a large difference in the size of the signs of the two uses. Staff stated the sizes of the signs and pointed out that the "Chief Auto Parts" was longer than the "Radio Shack". Discussion followed regarding the size of the two signs. 4. Mr. Gene Scarcello, developer for the project, stated he was there to answer any questions. 5. Commissioner Butler asked if the Bouganvilleas growing on the trellis' on the Highway 111 frontage, would be able to within MajAedid*sert weather. Mr. Scarcello stated it would be maintained three times a week by their landscaper. PC7.25 10 Planning Commission Meeting July 25, 1995 6. Commissioner Anderson stated his concern about automotive maintenance occurring in the parking lot. Mr. Scarcello stated that the shopping center is swept a minimum of once a week. In addition, their lease with the tenant requires policing and maintaining of the parking lot on a daily basis. 7. Commissioner Adolph asked if the applicant intended to berm the east side with landscaping. Mr. Scacello stated they created their landscaping plans from the original plans and allowed for the growth. They would have no objection to additional landscaping being added to the easterly side. 8. Commissioner Barrows stated this could be added to Condition #13, to require additional landscaping to the easterly side and trash enclosure. 9. Mr. Rob Sanford, Irvine, spoke on behalf of the applicant, and stated he would address the sign requirements of the applicants. He explained the problems that they faced to give both tenants sign visibility on Highway 111. 10. There being no further public comment, Chairman Abels closed the public hearing. 11. There being no further discussion, it was moved and seconded by Commissioners Barrows/Adolph to adopt Planning Commission Resolution 95-034 approving a Negative Declaration of environmental impact. ROLL CALL: AYES: Commissioners Anderson, Adolph, Barrows, Butler, Newkirk, and Chairman Abels. NOES: None. ABSENT: Commissioner Gardner. ABSTAIN: None. 12. It was moved and seconded by Commissioners Barrows/Adolph to adopt Minute Motion 95-030 approving Plot Plan 95-559, subject to amended conditions. Condition # 13 modified to require additional landscaping to screen the trash enclosure and the traffic at the southeast corner be provided and allowing the south facing sign for Radio Shack. Unanimously approved with Commissioner Gardner being absent. BUSINESS SESSION A. Continued - Specific Plan 90-015; a request of KSL PGA West Corporation/Foster Land L.P. for approval of their first Annual Review of an approved development plan that allowed 1,060 dwelling units and a neighborhood commercial project on 265 acres. PC7.25 11 Planning Commission Meeting July 25, 1995 Commissioner Anderson withdrew to a possible conflict of interest for this and the next Specific Plan. l . Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Adolph asked if there had been any changes in the Specific Plan since it was originally brought before the Commission. Staff stated there had been no changes. 3. There being no further comment, it was moved and seconded by Commissioners Barrows/Adolph to adopt Minute Motion 95-031 approving the First Annual Review of development plan for Specific Plan 90-015 for a two year extension of time. Unanimously approved with Commissioners Anderson and Gardner being absent. B. Continued Specific Plan 90-016; a request of KSL La Quinta Corporation/KSL Grove L.P. for a First Annual Review of an approved Development Plan that allows 1,208 dwelling units and a Neighborhood Commercial project on 327 acres. 1. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Adolph asked if the commercial corner was a viable portion of the project. Staff stated it was part of the Specific Plan but not owned by KSL and is still viable. 3. Commissioner Adolph asked if the applicant had any problems with the conditions. Mr. Chevis Hosea, representing the applicant, stated they had no objection to the conditions at this time, but they would bring the applications back for infrastructure review at a later date for a more feasible plan. Commission Adolph asked if they would update the Specific Plan at that time. Mr. Hosea stated they would update the Plan then. 4. There being no further comment, it was moved and seconded by Commissioners Adolph/Barrows to adopt Minute Motion 95-032 approving the First Annual Review of a development plan for Specific Plan 90-016 for PC7.25 12 Planning Commission Meeting July 25, 1995 a two year extension of time. Unanimously approved with Commissioners Anderson and Gardner being absent. Commissioner Anderson rejoined the meeting. C. Special Advertising Device 95-068 (Legends of Golf); a request of Liberty Mutual - Paul Levandoski for approval of temporary off -site directional sign and flag bunting for the Legends of Golf Tournament at PGA West in March, 1996. l . Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no discussion, it was moved and seconded by Commissioners Adolph/Barrows to adopt Minute Motion 95-033 approving Special Advertising Device 95-068 for the Legends of Golf Tournament directional signs and flag bunting. Unanimously approved with Commissioner Gardner being absent. D. Plot Plan 95-554; a request of Caal Theatres Corporation for approval of a sign program and landscaping plan within the One Eleven La Quinta Shopping Center for an 8-plex movie theater. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Barrows asked for clarification on the height of the sign. Staff clarified. 3. Commissioner Adolph asked how many monument signs had been approved for Highway 111. Could the Commission anticipated another tenant applying for another monument signs? Staff stated this request was in -lieu of one of the other monument signs. To date all of the monument signs that were approved have not been built. 4. Commissioner Adolph asked how many of the large monument signs are allowed per the approved Specific Plan. Staff stated that two were approved for Highway 111. 5. Commissioner Adolph asked about the six or eight poster signs that are requested. Staff stated that the previous plans that were approved, did show them and staff included a condition to permit them. Commissioner Adolph PC7.25 13 Planning Commission Meeting July 25, 1995 asked how this would affect the total square footage allowed for signs. Staff stated the Commission has the right to modify the amount of square footage and it can be approved as part of the Commission's decision. 6. Mr. Bill Hughes, representing Caal Theatres, stated that due to the location of the building in the rear of the Center, their marketing information has shown that by having a marque on the street, it eliminates a lot of traffic problems. People are able to read the movies showing without having to drive through the parking lot. Discussion followed as to the signs. 7. Commissioner Adolph expressed his concern that vehicles passing as fast as they are traveling would not be able to read the sign. Mr Hughes stated his experience shows they will. 8. Commissioner Anderson asked if the readers were in an open position. He asked if the lexan would close over the face. Mr. Hughes stated they would be closed. 9. Commissioner Butler stated that when the use was originally approved, the height of the building was reduced and the applicant, at that time, felt the City was taking away his advertising to the street. The Commission did not understand the applicant would be installing another sign on the street. If this had been known, their signs on the theater would have been reduced even further. Once it is known that the theater is in the Center, additional signs will not be needed on the street, especially this large. 10. Chairman Abels stated that from a business standpoint, it was necessary. 11. Commissioner Adolph asked how large the "La Quinta 8" sign is on the side. Staff stated it was 52 square feet. Commissioner Adolph stated this was a total of 69 square feet and is over the amount allowed. Discussion followed regarding the sign size. 12. Commissioner Barrows expressed her concern about the size of the sign being on Highway 111. Staff clarified this was the same height as the other monument sign. 13. Mr. Robert Tyler, resident, stated he was concerned about the traffic problems on Highway 111. In addition, the name of the complex lacked imagination and had nothing to do with the building. PC7.25 14 Planning Commission Meeting July 25, 1995 14. Commissioner Anderson stated he was opposed to the large signs on the front of the building, the signs on the side of the building, and the monument sign. In addition, the type style was mundane and lacked character. 15. Commissioner Barrows stated she would like to see additional landscaping and seating provided. 16. Mr. Hughes stated they did not want to provide a lot of seating as this would encourage teens to hang around. In reference to the name, they were proud to be in the City of La Quinta and consequently named the theater after that and the "8" is the number of theaters. In addition, he had no objection to removing the east side sign. 17. There being no further discussion, it was moved and seconded by Commissioners Anderson/Barrows to adopt Minute Motion 95-034 approving Plot Plan 95-554 landscaping plans with the additional landscaping and benches, and deny the sign program for an 8-plex movie theater. Discussion followed by Commissioners Anderson/Barrows withdrawing their motions. 18. Commissioners Barrows/Adolph moved and seconded a motion to adopt Minute Motion 95-034 approving the landscaping plans with the addition of - a. Two additional trees and three benches (seating 3-4 people); b. Approval of the requested signs with the monument sign reduced to 11-feet 6-inches; C. The elimination of the eastern side sign; and, d. Reducing the entire large marque sign and making it one line "La Quinta 8". 19. Discussion followed among the Commissioners regarding various options of reducing the signs. Mr. Hughes stated the in -line wording would not work. Commissioner Barrows asked if the sign could be 36" and arched. Following the discussion, staff clarified the motion as follows: The motion was to approve the Plot Plan with the modification to the Conditions as follows: Conditions #1, 2, 3, 4, 6 as stated Condition #5 amended to require two additional trees and three benches with seating for 4-people per bench. Condition #7 amended to prohibit any east wall sign. PC7.25 15 Planning Commission Meeting July 25, 1995 Condition #8 amended to require the "8" be reduced to three feet tall and the "La Quinta" arched the same as the parapet. The motion was approved unanimously with Commissioner Gardner being absent. CONSENT CALENDAR A. Commissioner Anderson asked that the Minutes of July 11, 1995, Page 11, Item #47 be corrected to read "the City should be at the edge of defensibility of the Ordinance." There being no further corrections to the Minutes of July 11, 1995, it was moved and seconded by Commissioners Butler/Anderson to approve the Minutes as amended. Unanimously approved with Commissioner Gardner being absent. COMMISSIONER ITEMS A. Commissioner Adolph gave a report of the City Council meeting of July 5, 1995. B. Commissioner Anderson stated his concern about reviewing a project without having complete elevations/plans. The applicant needs to submit complete sample boards with colored elevations before presentation to the Commission. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Barrows/Adolph to adjourn this meeting of the Planning Commission to a regular meeting on August 8, 1995. This meeting of the Planning Commission was adjourned at 9:39 P.M., July 25, 1995. PC7.25 16 MINUTES PLANNING COMMISSION MEETING A special meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 3, 1995 I. CALL TO ORDER 2:00 P.M. A. This special meeting of the Planning Commission was called to order at 2:03 P.M. by Chairman Abels. Commissioner Butler led the flag salute. II. ROLL CALL A. Chairman Abels requested the roll call: Present: Commissioners Adolph, Butler, Newkirk, and Chairman Abels. B. Chairman Abels moved to excuse Commissioners Anderson, Barrows, and Gardner. Commissioner Adolph seconded the motion and it was unanimously approved. C. Staff Present: Community Development Director Jerry Herman, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. III. PUBLIC COMMENT: None IV. PUBLIC HEARING: None V. BUSINESS ITEMS A. Special Advertising, Device 95-086; a request of KLCX 102.3 FM Radio Station for approval of a 32-foot cold air balloon for promotional support of the La Quinta Village Shopping Center Grand Opening. 1. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if the applicants met all the requirements. Staff stated all the conditions would be met. PC11-3 1 Planning Commission Special Meeting November 3, 1995 3. Ms. Leanne Hoffmann, representing Radio Station KLCX the applicant, thanked the Commission for holding the special meeting and stated they were very happy to be holding this event celebrating the opening of this center. 4. Commissioner Adolph asked if the balloon would be tethered to the ground. Ms. Hoffmann stated it would be tethered to the ground by eight ropes. Commissioner Butler asked if insurance was required. Staff stated that the Minor Temporary Outdoor Event permit that was being processed would require insurance. 6. There being no further discussion, it was moved and seconded by Commissioners Butler/Adolph to adopt Minute Motion 95-046 approving the Special Advertising Device 95-086, as conditioned. Unanimously approved. B. Special Advertising Device 95-087; a request of the La Quinta Arts Foundation for approval of a Temporary Advertising Banner for the Fall JazzArt `95 Show - November 10-12, 1995. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if the request met all the requirements. Staff stated they had met all the requirements. 3. There being no questions of the applicant or staff, it was moved and seconded by Commissioners Butler/Newkirk to adopt Minute Motion 95-047 approving Special Advertising Device 95-087 as conditioned. Unanimously approved. VI. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Butler/Newkirk to adjourn this special meeting of the Planning Commission to a regular meeting of November 14, 1995. This meeting of the Planning Commission was adjourned at 2:06 P.M. PC 11-3 2 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 14, 1995 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 P.M. by Chairman Abels. Community Development Director Jerry Herman 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 Barrows/Gardner moved and seconded a motion to excuse Commissioner Anderson. The motion died on a 4-2 vote. B. Staff Present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Senior Engineer Steve Speer, Planning Manager Christine di Iorio, Principal Planner Stan Sawa, Associate Planner Leslie Mouriquand, and Executive Secretary Betty Sawyer. III. CONFIRMATION OF THE AGENDA IV. PUBLIC COMMENT: None V. PUBLIC HEARINGS: None VI. BUSINESS ITEMS: A. Special Advertising Device 95-083; a request of Diners Club Matches (Ms. Kelly Hyne, Tournament Coordinator) for approval of temporary advertising for the Diners Club Matches Golf Tournament at PGA West Resort in December, 1995. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. PC11-14 1 Planning Commission Meeting November 14, 1995 2. Commissioner Gardner asked if there was a limit to the number of directional signs. Staff stated the applicant was asking for eight and staff is recommending 15 signs. Community Development Director Jerry Herman explained this was the number set last year by the Commission. Commissioner Gardner stated he was concerned that there were enough signs to direct the traffic. 3. There being no further comment, it was moved and seconded by Commissioner Barrows/Butler to adopt Minute Motion 95-048 approving Special Advertising Device 95-083, subject to conditions. Unanimously approved. B. Special Advertising Device 95-076; a request of West Coast Artists (Ronda Mills) for approval of temporary advertising for a Fine Arts Festival to be held at Sculptureland on February 24-25, 1996. 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. There being no questions of staff or the applicant, it was moved and seconded by Commissioners Butler/Barrows to adopt Minute Motion 95-049 approving Special Advertising Device 95-076, subject to conditions. Unanimously approved. C. General Plan Consistency Finding for Coachella Valley Water District Projects; a request of Coachella Valley Water District (CVWD) for a General Plan determination for consistency. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Butler asked if the City could require CVWD to use local businesses to do the construction. Staff stated they are unaware of their hiring practices. City Attorney Dawn Honeywell stated the City was unable to make any such requirement. 3. Commissioner Adolph asked if the City would have an opportunity to comment on the design or installation of the above -ground facility near Lake Cahuilla. Staff stated that if their projects are in the City right-of-way, the PC11-14 2 Planning Commission Meeting November 14, 1995 City would review plans and issue permits. This project however, is within the Bureau of Reclamation area and the City would have no opportunity to review the plans for the facility. 4. Commissioner Adolph asked about the pump plant (Sheet I-2). Senior Engineer Steve Speer explained that the City has no rights to the land and therefore has no control except for standard requirements for compliance with building codes. City Attorney Dawn Honeywell explained this was beyond the scope of the project before the Commission at this time. She further stated that for a large project, there would have to be an environmental review conducted by CVWD that the City could follow and give comment and participate in the design. It is difficult when dealing with another public entity as one authority does not have any control over the other except for public comment discussions. 5. Commissioner Adolph stated his concern about the use of chain link fences, etc., being installed without any commitment from CVWD to screen them off. There were still some facilities that were not screened and this could affect property values of those in the area. 6. Commissioner Newkirk stated he too was concerned as to what type of reservoir they would be installing. Staff stated the Commission did review the particular installation they were referring to. 7. Commissioner Barrows asked if this installation was to be on the Bureau of Land Management (BLM) land. Staff stated the land was managed by BLM. 8. Commissioner Adolph asked staff to notify CVWD that the City would like to review the design plans for any above ground structure. City Attorney Dawn Honeywell stated they could request this, but there was no way to enforce it. 9. Commissioner Barrows stated this request was consistent with the City's General Plan Policies and read those policies. Discussion followed regarding different CVWD projects. 10. Commissioner Barrows asked about the Lower La Quinta Zone Reservoir and the two reservoirs south of the Cove. These appear to be in locations where there are existing reservoirs and which to date have not been screened. Senior Engineer Steve Speer stated the new installations did appear to be in areas where there are existing reservoirs. Community Development Director PCI I-14 3 Planning Commission Meeting November 14, 1995 Jerry Herman stated he believed these were second reservoirs. Commissioner Barrows asked that these be brought before the Commission for their review. 11. Community Development Director Jerry Herman clarified that the Commission was asking staff to inform CVWD that they would like any structure installed above ground, including storage, for the Commissions review. City Attorney Dawn Honeywell stated that in light of the Policies mentioned by Commissioner Barrows, the General Plan Policy would require the issue to be brought back to the Commission for their review. 12. Commissioner Gardner asked if these projects are brought to staff before they are constructed. His concern was that one of the projects is currently under construction. Staff stated they hoped they would receive it before, but they have no way of requiring this. 13. There being no further discussion, it was moved and seconded by Commissioners Barrows/Butler to adopt Minute Motion 95-050 finding that the projects proposed by CVWD are in compliance with General Plan Polices, provided that all above ground facilities and storage tanks be brought before the Commission prior to construction for their review as contained in Policy 7-1.1.10 of the General Plan. Unanimously approved. D. Minor Temporary Outdoor Event 95-108; a request of the Boys and Girls Club/Pacific Coast Shows for a four -day carnival with adult and kiddie rides and game booths at the northeast corner of Simon Drive and Washington Street. Commissioner Butler withdrew due to a possible conflict of interest. 1. Associate Planner Leslie Mouriquand presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Adolph asked if the entire Carnival would be fenced as he was concerned about children playing in the immediately adjacent toxic waste mounds. Staff suggested that the applicant answer these questions. 3. Mr. Jim Ducatte, Executive Director Boys & Girls Club, stated he was working with Pacific Coast Shows to put this event on. He stated there were no plans to fence the entire area. The area needed for the Carnival is 125' X 400'. The carnival will consist of only 14 rides including those for adults and small children with no food or game booths. Mr. Lopez, who runs the carnival, is aware of the toxic materials and will set up in such a way that PC11-14 4 Planning Commission Meeting November 14, 1995 there is a midway running between the rides. The area behind the rides will be blocked by their trucks limiting access to the toxic waste mounds. 4. Chairman Abels felt the mounds should be fenced off. Mr. Ducatte stated he agreed. 5. Commissioner Adolph asked about the hours of operation. Mr. Ducette stated it would be open from 4:00-10:00 on weekdays and on weekends 12:00 noon to 10:00 PM. 6. Commissioner Gardner stated that if the trucks were parked to block the mounds combined with the rides to entertain the kids, the toxic mounds should not interest the children. 7. Commissioner Adolph stated he did not want to take the chance of only using trucks to keep the children away from the mounds as most of the children would have no supervision. 8. Commissioner Barrows asked if the property owner was responsible for the toxic waste material. Staff stated the waste was the property of Simon Motors and the City has not been involved. This is an issue between the owner and the County Environmental Health Department. 9. Commissioner Adolph asked if Simon Motors could install a plastic tarp to secure it. Mr. Ducette stated he felt Mr. Simon would do this. Discussion followed. 10. Commissioner Adolph asked about security. Mr. Ducatte stated there would be security, however, he was unaware who it would be at this time. Mr. Ducette stated the reason they were working with this organization was due to their reputation. He had a background investigation conducted on this organization and he was impressed with the results. 11. Discussion followed regarding employees sleeping in their trucks on the site. Staff stated this could be regulated as part of the permit process. 12. Associate Planner Leslie Mouriquand stated she had contacted the Department of Occupational Safety and Health (Elevator, Ride, and Tramway Unit) regarding inspections and they assured staff that this company has an excellent reputation. PCI1-14 5 Planning Commission Meeting November 14, 1995 13. There being no further discussion, it was moved and seconded by Commissioners Barrows/Newkirk to adopt Minute Motion 95-051 approving Minor Temporary Outdoor Event 95-108, subject to the conditions as amended and adding a condition requiring the mounds to be covered with a plastic tarp. Condition #4 would be modified to allow employees to stay on - site overnight for security purposes. Unanimously approved. Commissioner Butler rejoined the meeting. VII. CONSENT CALENDAR; A. There being no corrections to the Minutes of October 24, 1995, it was moved and seconded by Commissioners Adolph/Newkirk to approve the minutes as submitted. Unanimously approved. VIII. COMMISSIONER ITEMS: A. Chairman Abels congratulated Commissioner Adolph on his election to the City Council and expressed his appreciation for his work on the Planning Commission. B. No report of the City Council meeting of November 7, 1995 was given. C. Community Development Director Jerry Herman gave a report of the Department activities and stated that the next agenda would include a recommendation that the Commission cancel their December 26, 1995 meeting. IX. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Adolph/Barrows to adjourn this meeting of the Planning Commission to a regular meeting on November 28, 1995. This meeting of the Planning Commission was adjourned at 7:40 P.M. PC11-14 6