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1995 05 09 PCx oef OF TNT PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California May 9, 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 95-017 Beginning Minute Motion 95-021 CALL TO ORDER - Flag Salute ROLL CALL PUBLIC COMMENT This is the time set aside for citizens to address the Planning Commission on matters relating to City planning and zoning which are not Agenda items. When addressing the Planning Commission, please state your name and address. WORKSHOP - Discussion of the Zoning Ordinance Update RECESS TO 7:00 P.M. PUBLIC COMMENT PC/AGENDA PUBLIC HEARINGS 1. 2. Item ............. CONTINUED - STREET NAME CHANGE 95-006 Applicant ....... La Quinta Volunteer Fire Department Location ........ Old 52nd Avenue, east of Avenida Bermudas for a length of approximately 780 feet Request ......... A request to charge the name of a portion of Old 52nd Avenue to Frances Hack Lane Action ........... Continue to May 23, 1995 or Resolution 95- Item ............. CONDITIONAL USE PERMIT 95-019 Applicant ...... Airtouch Cellular Location ....... La Quinta Sports Complex 78-900 50th Avenue Request......... Approval to install a 100-foot high monopole with three cellular antenna arrays, 3 microwave antenna dishes, and reinstall sports lighting Action ......... Resolution 95- BUSINESS ITEMS Item ........... SIGN APPLICATION 95-306 Applicant .... The Lube Shop Location ..... West side of Adams Street approximately 350-feet north of Highway 111 within the One Eleven La Quinta Center Request ...... Deviation from the sign program for the One Eleven La Quinta Shopping Center to allow business signage for a freestanding building Action ....... Minute Motion 95- CONSENT CALENDAR Approval of the Minutes of the Planning Commission meeting of April 11, 1995, and April 25, 1995. COMMISSIONER ITEMS. 1. Commissioner report of City Council meeting ADJOURNMENT STUDY SESSION Tuesday, May 9, 1995 Study Session Room NONE PC/AGENDA PH # 1 STAFF REPORT PLANNING COMMISSION MEETING DATE: MAY 9, 1995 CASE NO.: STREET NAME CHANGE 95-006 REQUEST: CONTINUED PUBLIC HEARING ON A REQUEST TO CHANGE THE NAME OF A PORTION OF OLD 52ND AVENUE TO FRANCES HACK LANE APPLICANT: LA QUINTA VOLUNTEER FIRE DEPARTMENT REPRESENTATIVE: BRUCE PELLETIER LOCATION: OLD 52ND AVENUE, EAST OF AVENIDA BERMUDAS FOR A LENGTH OF APPROXIMATELY 780 FEET BACKGROUND: Applicant's Request On March 9, 1995, a request was received from the La Quinta Volunteer Fire Department requesting that the City consider renaming a 780-foot portion of the Old 52nd Avenue east of Avenida Bermudas to Frances Hack Lane (Attachments 1 and 2). The volunteer personnel for the City feel that it would be appropriate to rename the street in her honor since she has donated money to help the Fire Department in past years and has made other charitable contributions to the City. Existing Land Uses The land uses that exist along the north side of the street from Avenida Bermudas easterly are: the Fritz Burns City Park, City Maintenance Yard, and Fire Station No. 32. The property on the south side of the street is vacant and owned by J. F. Temple Development (approved TTM 27613, The Traditions). Many properties on the west side of Avenida Bermudas (La Quinta Cove) are developed with existing single family homes. Street History Old 52nd Avenue was dedicated to the County of Riverside before the City's incorporation. Originally, this street ran in an easterly direction from Avenida Bermudas to Jefferson Street, and passed in front of the historic Hacienda Del Gato home and other former Landmark Land properties (i.e., Ahmanson Ranch, etc.). PCST.211 In 1985, a request was made to vacate Old 52nd Avenue and consider realignment of the street to allow the construction of a 700± acre country club (old Crystal Canyon project). The large development had property fronting on both new and Old 52nd Avenue, and Avenida Bermudas. The realignment plan was approved by the City Council, and improvements were completed on 52nd Avenue in the last few years. Also, during this time, Old 52nd Avenue was closed to through traffic at the existing Fire Station. The remaining section of Old 52nd Avenue exists from Washington Street to the historic Ahmanson Ranch. Notice of Intent to hold a Public Hearing On March 28, 1995, the Planning Commission instructed staff to advertise this case for a public hearing on April 11, 1995, pursuant to Chapter 14.08 of the Municipal Code. Staff completed these matters pursuant to the Commission's adoption of Resolution 95-005. Besides noticing the abutting residents, the adopted resolution was published in the Desert Sun newspaper on April 1, 1995, and posted in various areas of the City. Public Agency Comments On March 9, 1995, staff mailed a request to all public agencies notifying them of the request to change the name of Old 52nd Avenue. No negative comments were received. Required Planning Commission Review The Planning Commission shall conduct a public hearing on this request to decide if the existing street should be renamed in Mrs. Hack's honor. The Commission should take public testimony and can, 1) take formal action on the request by adoption of the attached resolution, 2) modify the attached draft resolution by substituting another name, or (3) continue the case for additional discussion. If the Planning Commission approves the petitioner's request, your decision will be transmitted to the City Council for their final review. The Planning Commission held its first public hearing on this request on April 11. The Commission deliberated for some time and concluded that it might be more appropriate to rename the Downtown Community Park in her honor. Commissioner Abels stated that he would contact the C.V. Recreation and Park District and report back with his finding to the Commission at their May 9 meeting. The Commission voted to continue their discussion to May 9 based on Commissioner Abels suggestion. The draft Planning Commission Minutes are attached (Attachment 3). On April 25, 1995, staff sent a letter to the Coachella Valley Recreation and Park District requesting that they place the Commission's renaming request on their next agenda for consideration (Attachment 4). The Board will discuss the Commission's request this month, and staff should be able to inform the Commission of their decision on May 23. PCST.211 The City Council has recently adopted a Park Naming Policy for parks located in the City. The Parks and Recreation Commission is currently soliciting name suggestions for the mini -park in the Cove which is located at the corner of Calle Colima and Eisenhower Drive, and the park in north La Quinta located at the corner of Adams Street and La Palma Drive (currently known as Palm Royale Park). Deadline for receiving suggestions is May 31, 1995. After review by Parks and Recreation Commission, three names will be submitted to the City Council for final selection. Staff Comments There has been discussion by City staff to consider renaming the street to honor the Fritz Burns family. This street name would correspond to the name of the existing City Park that fronts part of this street. Both families have contributed greatly to the development of La Quinta (past or present). However, without any written opposition, staff would support the Volunteer Fire Department's request to rename the street to Frances Hack Lane as described in the attached draft resolution. RECOMMENDATION: 1. Continue the case for an additional two week period, or 2. Adopt Resolution 95- , recommending to the City Council approval of Street Name Change 95-006, a request to rename Old 52nd Avenue to Frances Hack Lane, east of Avenida Bermudas approximately 780 feet. Attachments: 1. Letter from applicant 2. Location map 3. Draft Planning, Commission Minutes 4. Letter from s to f f 5. Various applicant support documents (new material) 6. Draft Resolution PCST.211 Attachment 1 March 10, 1995 planning Commission City of La Quinta P. ®. Box 1504 La Quinta, CA 92253 Dear Commissioners: This letter is from the La Quinta Volunteer Fire Department requesting that the old Avenue 52 be renamed to Francis Hack Lane in the name of Francis Hack. Francis was a long time resident that helped many programs in La Quinta. She has donated many dollars to help the L.Q.V.F.C. progress into having equipment that would make any full time fire department envious. She has truly helped save lives inL numerous Quinta. She gout s alsoprogrdonated many pieces of play equipment to our parks and has sponsored When I started getting some information on Francis, everyone I talked to said one thing about Francis Hack. If someone or any organization needed help, there was nothing she wouldn't do to help. Sincerelv, Bruce Pelletier Engineer bphackln LCIJ CIO Attachment 2 b w G 133KS NOSbhAO U Cri ►vLLr Nadd L7 OpuOb aLLPO a� O i CJ V) i i-3 CD r ro U � N •r U C N CuC C C I , O E C i N L I cD LO G w j =3 � _ i Z +� W i U ¢ I Z G O � w C CD 1 w i ro O J \ 4� Q C ro C 41 LR / O ARTS NUNIHSVM i c Y L � CD a Q, N .}..) W (CS J lO SVOnWa39 d0IN3AV I I S1i0(1 b38 VQIN3AV ro o o rn r C ro C i C •r 7 •r N fN O > > d O N N U ro r r J ro ro U U Attachment 3i Planning Commission Minutes April 11, 1995 34. City Attorne o awn Honeywell asked that the Specific Plan adoption /ommhssioners ' red. Commissioner A on moved to reconsider 5-014, and Commission bell seconded the motion, nd imously approved. ers Abets/And on moved and seconded a ion to adopt 95-014 re ending approval of Sp is Pllan 94-025, e con ' ' contained in the staff re and as amended. / ROLL CALL: YES: Commissioners Is, Anderson, Butler, Newkirk, and Chairman olph. NOES: Commissioner Gardner. ABS Commissioner Barrows. ABSTAINING: None. Street Name Change 95-006; a request of the La Quinta Fire Department to B. o rename a portion of the Old Avenue 52 to Frances Hack Lane. 1. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Butler if there was any intention to connect the two portions of Old Avenue 52. Associate Planner Trousdell responded that all the previous applications received for this area have been for private gated communities with no access to this street. Commissioner Butler asked if the City had any policies regarding naming streets after people. Staff stated there was no policy for people alive or passed away, and the only policy he was aware of was a policy passed by the City Council for naming parks. 3. Staff clarified that previous streets name changes that had been applied for were denied because the streets crossed different jurisdictions. This street entire length was within La Quinta city limits. 4. Associate Planner Trousdell stated he had sent a letter of transmittal to the current tract owner of Tentative Tract 27613 south of 52nd ' •'• Avenue (Temple Construction) and they never responded. \� 5. Chairman Adolph asked whether staff had spoken with the Fire Department about re -naming the street to Fritz Burns in conjunction with the Fritz Burns Park. Staff stated they had not spoken with them but, since there station fronts on the street, they would prefer to have Frances Hack Lane. PC4-11 Planning Commission Minutes April 11, 1995 6. There being no further questions of staff, Chairman Adolph opened the public hearing. Mr. Robert Tyler of Velleta Drive, stated that the way "Francis" is spelled is not the way of spelling "Frances" for a woman. There being no further comment, Chairman Adolph closed the public hearing. 7. Commissioner Abels stated that Ms. Hack had done a lot for the City and it would be more befitting to have the Community Park named after her rather than the street. He preferred not to see streets renamed within La Quinta. Staff stated that the City had no control over the park. Community Development Director Jerry Herman stated that this lane must be changed as it cannot remain Old Avenue 52. 8. Commissioner Anderson stated he agreed with Commissioner Abels, but should the ability to rename the park fail there would be nothing to honor her. He suggested that this item be continued until a determination was made regarding the renaming of the Park. 9. Commissioner Gardner stated that he agreed with Commissioners Abels and Anderson but, the Planning Commission should be doing something to honor this Mrs. Hack. The chances of renaming the Park were slim to none and naming the street is available. Discussion � followed relative to renaming the Park and how long the process would *�E take. A 10. There being no further discussion, it was moved and seconded by Commissioners Anderson/Abell to continue the Street Name Change request to May 9, 1995, for the reasons of finding a more significant site. Chairman Adolph asked that this decision be conveyed to the applicant. Unanimously approved. BUSINESS SESSION: A. ; a rspgrst of KSL for an annuaf w of an approved development plan would allow 880 dwellin n part of an 18-hole golf course on acres. Coioners Gardner and And on withdrew due to a possible conf interest. 2. Associate Planner presented the information contained PC4-11 oe V I� r� i� 7 OF TNT` April 25,1995 TWY/ Of 4a Qi" .,j] 78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 777-700 FAX (619) 777-710 Mr. Don Martin, Director Coachella Valley Recreation and Park District 45-871 Clinton Indio, CA 92201 Attachment 4 SUBJECT: REQUEST FOR NAME FOR THE LA QUINTA COMMUNITY PARK Dear Don: On April 11th the Planning Commission reviewed a request for a street name change for our Old Avenue 52. The request was to change the street to Frances Hack Lane. The Commission tabled this matter in order to request that the Recreation and Park District Board consider renaming the La Quinta Community Park in honor of Mrs. Hack. The Commission felt that Mrs. Hack's contributions to the City of La Quinta warranted more than a small lane named in her honor. Therefore, the Planning Commission requests that you place this request on your next agenda for consideration. Thank you for your assistance in this matter. We will wait to hear from you regarding the Board's action. Attached is a copy of the accomplishments attributed to Mrs. Hack for your information. Very truly yours, dJERRY HERMAN Community Development Director JH:bjs Enclosure LTMAU MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 ®. Attachment 5 A.A. McCANDLESS ,95 APR 14 PM 1 13 P.O. Box 1624 La Quinta, Ca. CiTY OF LA QUIN Tt, 92253 CITY HANAGER'S OFFICE Mayor John Pena Members of the City Council 78-495 Calle Tampico La Quinta, California 92253 Dear Mayor Pena and Members of the City Council: It is my understanding that a request has been filed with the City Planning Commission for name change of the old Avenue 52 to be named in honor of Frances Hack. I first became acquainted with Frances in 1954 and enjoyed many years of an enduring friendship. No community has ever received greater support that what Frances Hack gave to La Quinta. Her contributions were unending, whether it be land for a park; support of the Volunteer Fire Department; working with the Chamber of Commerce; helping the Historical Society get its start, just to name a few. Fred Rice is quoted as saying, "She gave more of herself than anyone I know. She didn't want any glory," I couldn't agree more and I hope the City of La Quinta will honor Frances Hack's memory by naming old Avenue 52 in her honor. Sincerely, Al McCandless May 15, 1990 Honorable Mayor John Pena, Councilmembers and Friends The Grand Lady of La Quinta had her 90th birthday. Her accomplishments are many: First secretary of the Chamber of Commerce of La Quinta Donated Jaws of Life to La Quinta Fire Department Donated children's play area equipment at Community Park Donated the picnic area cover and tables Donated the mini park on Eisenhower Major donor to successful incorporation effort Donated to Casa Colima Crippled Children's School Donated to Animal Samaritan Donated to Blind Dogs of the Desert Donated Recovery Building at Living Desert in Palm Desert. Frances Hack is now at Eisenhower Medical Center in I.C.U. Two pints of blood have been administered to her and need replacement. Anyone from La Quinta giving blood, please give it in her name. She has done so much for us, this is our chance to show our gratitude by blood donations and prayers. Frances has done all these things without fanfare and has touched all our lives. She deserves some sort of permanent tribute in her honor while she's here to know about it. Dedicate the new library, the new school or a park in her name. Frances Hack is fighting for her life. Let's help her make the grade! Respectfully, MARGARET MIELE r �C - and La Quinta benefactor ALE saves lives, property ,ngs The volunteer fire fighters of La -1 Quinta wish to give the Desert Cove G, Communities the opportunity to fu join us in our appreciation of the th donations of one of our major bene- by t is a factors, a resident of long-standing sit ieoi- and local businesswoman, Francis sil for Hack. No "t of In recent months, Hack gen- Ot :lec- erously contributed the amount of sn igan $10,000, which has been applied to He the purchase of a new fire engine. se end- In past years, she made a donation wl it he of $15,000 to our organization for g" Is in the specific purpose of replacing "Jaws th. the of Life" with a larger, the more up-to-date model. This piece bo sing of equipment is used to aid in free- v'' ver, ing traffic accident victims who W, ' lity have been trapped within their for vehicles, in many cases making the ra difference between life and death. W(. cool We extend our deepest gratitude so, lis and to Hack. for her contribution to our Bi the effort to preserve the lives and frc test property of the residents and visi- m( ing tors to the cove communities. Her spt gifts have already touched count- m) and less lives and will continue to do so dic 'ars for many years to come. art ,Ohl THOMAS PARKER ac are President be. and La Ouintai Volunteer Fire Fighters vol gals tsu`s:7..e'.eF2A'•3i_,� �..: •..: J w. _.: ii n'kf.'Su,^iYR'i1P.' 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'o yy+ R •� g 0 y O O •p ..Qi d CO C O F O CSC F ei oc° cca a =,; '� c a ac `° c u a�o� .Go `' a �a>ic cis` ax3 y ycc '�✓ :+ u .'O+ :r w S. TJ V 0. tw C V V to •.-. � V, C C O C O ccz G 0 cc C y .roj w cc t]0 m m C Ctt y w O �N cy. V d :'. d' ci 0 a' C'cc y � co�1 � a�+ +yOi �."+ 0: /+ cam. ee �, ... '.7 cc .� � > G � d � a H � to C W �'vcno� u.0caocac C7 v E n F� yx V o2 o °'.oc.°'c c o ��.:° _.c t2 w 8 ,, Cc wo y v ui W�� O twM c �� CD �`°� x.sC o cow, >41 , c tw Cy W 0 0 � V C� min cm m' c°J..: W u voi axi V Ir- wo CD' r ' Frances Hack, film industry figure, dies By MIKE KATAOKA The Press -Enterprise Frances Lucille Hack, whose work behind the scenes led to stardom for Shirley Temple and Tyrone Power and whose quiet philanthropy helped to shape La Quinta, died .Sunday in Rancho Mirage. She was 90. •- "We kind of thought of her as s-the grand old lady of La Quinta;" said Fred Wolff, who headed La Quinta's successful incorporation in 1982 and served as the city's first mayor. "She was very generous and dedicated to the community," he said. La Quinta historian Fred Rice said. "She was like our first lady of caring, of helping La Quinta.... She was giving without expecting anything in return." Before Hack moved to the desert in the late 1940s, she had worked as a studio talent scout in Hollywood. .' Ilia 1982'interview with The Press -Enterprise, Hack recounted how she spotted Shirley Temple at a talent hunt for kids and pulled the curly-haired moppet out for a screen test. "I saw this little blond run - (See DIES, Page B-4) Stepping down !1 Indio High School athletic director Mike Heron announces he is leaving the post after 10 years. SPORTS, C-1 Dies . (From Page B-1) ning down the staircase and said.. 'See that little girl? She has it.' " Hack said. Hack arranged Shir- ley's first two screen tests, but her first movie role didn't come until several months later when Twen- tieth Century Fox signed her to a contract to play "Little Miss Marker." Hack also recalled in the 1982 interview that a matinee - idol -to -be, Tyrone Power, sought her counsel when he was starting out in show business. Hack recom- mended that Power go to the Chicago World's Fair to get some public exposure, even as a barker if he had to. It worked. Another Hack discovery was comedic actress Marie Wilson. Hack was casting an "Our Gang" comedy for the Hal Roach Studio when Wilson arrived wearing a "long mink coat and funny clothes." Hack's Hollvwood back- ground was a matter she kept private for many of her 43 years in La Quinta. It was in April 1982 that she shared center stage with famed film director Frank Capra as hon- orary co-chairmen of the cityhood inauguration ceremony. Hack earned the honor not because of her eye for movie talent but for the helping hand she provided various community groups, including the cityhood committee. She met her husband, Perry Hack, at a screen test he had won after being voted the most popu- lar man on the University of Washington campus. His movie career went nowhere but he had great success in the land develop- ment business. The Hacks discovered La Quinta during a holiday visit in 1947 when Palm Springs was booked. They went to La Quinta and immediately fell in love with the community. She became in- volved in community affairs by organizing the La Quinta Chamber of Commerce and becoming the first secretary. Over the years. she helped acquire park land and donated the funds for playgro,.ind equip- ment at the La Quinta Community Park. After her husband died, Hack remained active in the com- munity as a real estate broker and a supporter of such causes as a private school in La Quinta, the volunteer fire department, the Living Desert and Animal Samari- tans. .She was always there ready to help on any need." Rice said. Hack is survived by two sis- ters, Mary Martin and Loys Scott, both of La Quinta; a brother, Jack deKay of Hemet; and several nieces and nephews. A memorial service will be held at 11 a.m. Saturday at the Religious Science Church of the Desert in Palm Desert. Burial will be private. FROM THE GLTiTER OF HOLYWCK `'0 THE SERENITY OF LA QQUINTA, FRANCES LUCM DE KAY DEF NI_ oUCCESS AND PHU ANTHROPY ... SUCCESSFUL WOMAN 1.4 rances de Kay knew all that glitters is certainly not gold. Though a millionaire several times over by the t.me she passed away in 1990. at the age of 91, de Kay was described by those who knew her as a strong woman blessed with a penchant for the simple things in life. "She could have had any exotic thing she wanted. but she didn't," said Matti• Martin, de Kay's sister. "All she wanted were her dogs and her morning walks in her slippers." Consistent with the philanthropy she practiced during life, much of de Kay's S-i million estate was divid- ed up among various charities and facilities like City of Hope and Children's Hospital. Her generosity touched Casa Colina as well. Driven by the belief that she was acting on her sister's wishes, :Martin, co -executor of the estate, deeded a partial piece of prime, undeveloped commercial property in downtown La Quinta to Casa Colina. It was perhaps the last act in a long history between de Kay and Casa Colina. By the time of her death, de Kay had been on a grand ride through life, from the movie lots of Holk wood to the serenity of the low desert. N\ here she helped build La Quinta. the world famous golf resort and long time \\inter hangout for the stars. After first thriving as a talent agent during Tinsel Town's 1930s heyday. de Kay decided to pass on fame and moved to Claremont where she settled .with her husband Pert• Hack, a local contractor. Life in the Po-nona Valley was good for the couple, where Perm enjoyed entertaining his friends. "lie %\ as a big handsome man." recalls Martin. " He liked his friends and he liked his fun." It was during this time that Hack corre- sponded \yitr Casa Colina's founder Mother Smith. writing her at one point that he looked forward to \\orking on the hospital's expansion. Then the couple pulled up stakes and mowed into the desert. %\-here they, began to purchase property. In the late 19-0s. de Kay and Casa Colina met again when her brother Robert had a stroke and .was admitted to the hospital's stroke a "aucille a8 wood talent TOW.- J h VnR Tinsel later ef, ofc,tY for she the a Quinta. . rehabilitation unit. "They gave ! Bob such wonderful treatment there, it really made an impression on the family," :Martin said. Following de Kay's death, Martin said she was gripped by the feeling that de Kay wanted some of her estate to go to Casa Colina. "I don't know, there was just something in my mind that Casa was Frannie and Perry's choice," she said. "That was so firmly embedded in my mind, no one was going to change it." Martin said that two days after the estate's disbursements we a judge for approval. her decision to give the land to Casa Colina vindicated. Sifting through de Kay's dust• boxes and files, she fot an old envelope. Inside was a letter, dated July 26. 1952. from Ca Colina's Mother Smith to Perry Hack. She was writing in response letter Hack had sent her, expressing his desire to build a workshl for the kids at what was then called Casa Colina Convalescent He for Crippled Children. "I am glad you remember my dream of a workshop for these handicapped young people." she wrote. " Sc.y, son, wouldn't we f fun building that shop! I would make you the contractor and I w swatch the progress everyday and make plars for the future." Martin said that as she read the letter, she felt as if two faces smiling at her from above. "It was as if Frannie and Perm touched me on the shoulder a said 'Honey, you did the right thing."' PLANNED GIVING JO ANN GRIMES IS A CALIFORNIAN IN THE PUREST SEN Ao Ann Grimes is a Californian in the purest sense. A third -generation' native of the Golden State. Grimes grew up in the Southland and grad- uated from the Claremont Colleges. As president of Grimes Electric in Anaheim, a position she filled after her husband Harold died in 1989, Grimes has deftly navigated the company through the rough waters of Southern California's economy. Last summer, Jo Ann �60 WwithI60 as considering what to do acres of irrigated farm land in the Imperial Valley which was generating only a marginal monthly income. She was looking for a way to make the land a more profitable asset. When the land was appraised at S415.000, Jo Ann knew she i expect to pay a substantial amount in capital gains tax if she cho sell it outright. Rather than take such a loss on a flat sale, she instead opted creating a Charitable Remainder Unitrust that offered her a host benefits. By instituting such a trust. Jo Ann did not have to pay capita taxes on the sale of the property. The funds generated by the sa were, in turn, reinvested in a manner that can provide her a hig quarterly income than the property had previously generated. A since the fund is a charitable gift, she became eligible for a large income tax deduction. The trust will pay Jo Ann a set percent.,.ge of the principal fe rest of her life. V ben she passes away, the trust will dissolve ant remaining funds will go to Casa Colina. Jo Ann said she decided to create such a trust with Casa Col after considering other prestigious institutions. In the end she c ed to work with Casa Colina because of Casa's commitment to l ing people rebuild their lives through rehabilitation. "I believe the spectrum of care that Casa Colina provides is wonderful," Grimes said. Zwe City of ,Ca Quilma, Califorvia INCORPORATED MAY 1, 1982 WHEREAS, Frances Hack has been a La Quinta resident for over 35 years and has shown a great love for her community by her continual involvement in the advancement and betterment of the community; and WHEREAS, Frances Hack, lead the formation of the La Quinta Chamber of Commerce in order to advance the business community; and WHEREAS, Frances Hack, in believing that local government was necessary in order to plan for orderly growth and for the citizens to have control over their direction, helped to underwrite funding of the task force for the incorporation of La Quinta; and WHEREAS, Frances Hack, in continuing to think of her fellow -man, purchased the "jaws of life" equipment for the La Quinta Fire Department; and WHEREAS,. Frances Hack's love for children resulted in her providing the playground in the La Quinta Community Park and spearheading both with financing and real estate know-how, the first La Quinta Marywood Day Care School; and WHEREAS, Frances Hack helped to underwrite the cost of construction of the community center in the park; and WHEREAS, Frances Hack, whose love for children gave La Quinta something that -money cannot buy, a bright future for the youth of La Quinta; and WHEREAS, the citizens of La Quinta extend a heartfelt thank you from all of us who live, work and play in La Quinta - we love you! NOW, THEREFORE, BE IT RESOLVED, THAT, I, WILLIAM R. HOYLE, Mayor of the City of La Quinta, do hereby proclaim June 5, 1988 as FRANCES HACK DAY in the City of La Quinta and ask all citizens to join me in paying tribute to her on Sunday, June 5th at La Quinta Hotel, where the La Quinta Historical Society will honor her with the "Gamby Award".-- F��;C ATTESTED TO: ....,.,� riTv F Q) U_j I -, W W, - A UISTOMCAL SOCIETY BOX 1283 ' LA OUINIA, LA 92253-1283 IMMED=ATE RELEASE Contact: Fred Rice 619/564-4823 No, it's not the "Oscar" award or'the "Grammy" award . . . it's much more important to the residents of La Quinta . . . it is the "Gamby" award. "Gamby" is the lovable gambel quail who makes its home all over Coachella Valley and especially in La Quinta. The award consists of a lucite baby gambel quail with his heart in a miniature cloisonne city seal of La Quinta. The trophy also con- tains an ancient Cahuillan Indian artifact locked in its base to show respect and honor to its people who lived in our Community before us. Cahuilla literally means "masterful force" and "talented people". According to the Cahuilla customs, the award should remain forever in La Quinta. The La Quinta Historical Society will honor Ms. Frances Hack, revered citizen of La Quinta with the "Gamby" award. Her dedication to retaining the natural beauty of the Community over the years, helping with both her time and money, giving to our childrens' playground, our City's incorporation, our fire department, our community park, our Chamber of Commerce and lastly her love of La Quinta's historical past makes Frances a prime candidate for this award. Be there at the La Quinta Hotel on June 5, 1988 at 2:00 p.m. so we can all say "Thank you, Frances, we love you!" - End - a,)r DAILY NEWS, Monday, May 17, 1982 SCHOOL DEDICATED — Frances Hack, right, is being honored by Mary O'Neill, director of Marywood Country Day School. Mrs. Hack is a *patron of the school. Frances Hack honored LA QUINTA — As is completes its first successful year of opera- tion, Marywood Country Day School held a dedication recently in honor of Frances Hack, La Quinta pioneer. Mrs. Hack, who has lived in La Quinta for 35 years, was the real es- tate broker who origin- ally handled the negoti- ations when Mary O'Neill, founder, and director of Marywood, purchased the school property which is located at 77-224 Potrero. During the brief ded- ication ceremony in which a bronze plaque was unveiled to honor Mrs. Hack as patron of the school, Dr. O'Neill said, "This is our day to thank Frances Hack — without her, Marywood would not exist." In response, Mrs. Hack said, "I think I always wanted to be a teacher, and when I met Mary O'Neill I knew I wanted to be a part of what she was creating here." About 80 civic of- ficials, friends and parents attended the reception which conclud- ed with a champagne buffet. Amongst them were Fred Wolff, La Quinta City Council- man; Susan Marx, Palm Springs School Board; Kay Oleson, Riverside County Planning Com- mission; Lloyd Mary- anov, Palm Springs Mayor Pro-Tem. Judge and Mrs. Stanley Barnes. R.n y �e�+►w�(A m �� p•3.o rZ"C� c a as 8S w > _ M 9, - •- P. � moo �o �7g'ry O.y oxo y x moo; m�� b vi m '•� fnD ti ,may w�ti R'c.ye�o A�tiva��xoo. rd tiy�' • .w o r' yy�•c`�'o�e�ce`floy 0 � M d�oe�em•o,o�oon •c�•ca,�gy�� .�mo•pompo �Opip�a Rd o o�om �a�m�so !a. �2. �� •ep.cro iF. `� A La Quinta bens saves lives, pri k4 CO 08 1 0 P ID The volunteer fire fil Quinta wish to give the Communities the opp join us in our apprect donations of one of our factors, a resident of lc and local businesswom Hack. In recent months, erously contributed tht $10,000, which has bee the purchase of a new In past years, she made of $15,000 to our orga the specific purpose c the "Jaws of Life" wit more up-to-date model of equipment is used to ing traffic accident v have been trapped a vehicles, in many cases difference between life We extend our deepe to Hack for her contrib effort to preserve the property of the resider tors to the cove comm gifts have already tout less lives and will conti for many years to come THOMJ La Quinta Volunteer Fi La Quinta residents pay,tribt to a `good friend and neighbi By BELLE RUSSELL Desert Sun Staff[ Writer LA QUINTA — City officials and friends praised longtime resident Frances Hack as the city's "good friend and neighbor" at a ceremony Sunday. Hack, a 35-year resident, was awarded the La Quinta Historical Society's "Gamby Award" for com- munity service. "When you think of La Quinta, you think of Frances Hack," said Fred Rice, president of the histori- cal society. About 80 people attended the ceremony at the La Quinta Hotel. It included a story -telling session and a tea. 346 Rice said Hack was select the award for her efforts in " t ing the beauty of La Quint investing her time and money community." Her achievements include heading formation of the 1 ber of Commerce and serving first secretary, rallying f, Quinta's incorporation as and buying the "jaws of lif Fire Department rescue wor Hack has sponsored s projects aimed at youth, inc providing playground equi for the community park, writing the Community C cost and helping es. (Please turn to Page A-1 o -i tj V Y Y y z a w u s c .. E y C s z ar o y y U ro ¢� o'o -- 0� O s =O _. L q :.o a Qc0 -a —2a. F u 3 roU y E Z al �F c -10 16v ro ¢ Q.Y o d Am b 7 ZV o a ad oui o cU 0)v= 3 u a m¢ v y a O ro x H C:Eo E 0 b d xO d�pape ro�W y d O ° In In ua a o ia Z W. 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Q 01 aY qr to q q u qc CuoYY J� cq J E q pV q o. �yyf�cu of qi T'O U`v q v uJ U C c C Y UUypy� T m m ] g y y- q Y c N L ] L C] q— j q q q q T y q 9 1'Zm•w xca ��« F-J F-d F- qd h-� WJ �!:E 11ml a U C ///aCCrr�tywooc Country eUa y ScAoo[0 January 5, 1984 Ni�lt 1 `1 Mrs. Frances Hack Post Office Box 191 La Quinta, CA 92253 Dear Frances: Your most recent and generous gift to Marywood is greatly appreciated by all of those who believe in what Mary is doing for the next generation of Americans. Your unselfish gifts have kept the cause going many times when it looked otherwise useless. Frances, it is a pleasure to know a fine lady like you. I am personally grateful to Marywood for allowing me the opportunity to be acquainted with you. Thank you for your ongoing interest in the school and for always seeming to be there when help is needed. Due to your help Mary and her staff can continue to offer what I believe is the finest education available in this area. Yours truly, �Lo.Is M. Agnew President Board of Directors MARY OWEILL Director 77.224 P 564.1344 P.O. B 346.4285 La Ouinta, Co. 600 Margarita Avenuc Coronado, California 92118 June 8, 1988 Ms. Frances Hack Coachella Valley Realty Co. 77-885 Montezuma P. O. Box 191 La Quinta, CA 92253 Dear Frances: I was very pleased to learn that the La Quinta Historical Society honored you recently with the "Gamby Award". Based on what little I know about your activities in La Quinta, I am sure it was very well deserved. Again, my congratulations. WTW:dm Sincerely, William T. Ward APR ` �� i"; CAPITOL OFFICE 5•A•F CAPI.O. P«oNt 19161 445 8211 C&, Assembig $ANCOUNT' 125 WEST MISSION Av[NUF �.p�y■■ 41 �.'■J��7,/ SV1TE 101 y,'■■ I ■``■"■ ��etl�^latur EsVVESTSO CA 92029 F•1fa_•�� RAVE aSOE P«ONE 16191 4898924 DIs*aE• E d2 600 Boe N V �RG"'iA RASMuSSEN SunE AO MINISTRATIVE ASS�S'ANT BILL BRADLEY RP_NE M..." Milt. 3 ROSA ATILANTO FIELD REPRESENTATIVE ASSEMBLYMAN SEVENTY SIXTH DISTRICT S« LE. MEMBER OF THE ASSEMBLY RURAL CAUCUS FIE,O REPRES June 17, 1988 Mrs. Frances Hack 77-885 Calle Montezuma La Quinta, CA 92253 Dear Mrs. Hack: My personal congratulations for being selected the city of La Quinta's"good friend and neigh- bor" at a civic ceremony this past week. Your sincere personal interest in retaining the beauty of La Quinta is a worthy investment of time and money. The "GAMEY AWARD" is obviously bestowed on very special people in the community. Best Wishes for continued success in --he future projects you are planning. If I can assist you, feel free to contact my Rancho Mirage office. Sincerely, Bill Bradley / Assemblyman, 76th District BB:mf r, �tif CV 1��GV 78-105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564-2246 August 5, 1988 Itt Frances L. Hack P.O. Box 191 La Quinta, California 92253 Dear Frances: APR On behalf of the City Council and the residents of the City of La Quinta, please accept our heartfelt thanks and appreciation for your contribution for playground equipment for La Quinta's first neighborhood mini -park. The love and concern you have shown for our community during the past many years is recognized by the respect and affection in which you are held by the entire community. The City of La Quinta is striving to provide its citizens with a City they can be proud to call "The Gem of the Desert", and your contributions have certainly added to that effort. Sincerely, ,/,Z— - , Z WILLIAM R. HOYLE, Mayor City of La Quinta, California MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 Attachment 6 RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE APPLICATION TO CHANGE THE STREET NAME OF OLD 52ND AVENUE BETWEEN AVENIDA BERMUDAS AND ITS TERMINUS 780-FEET EAST TO FRANCES HACK LANE. CASE NO.: STREET NAME CHANGE 95-006 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of March, 1995, in accordance with Section 14.08.050 of the La Quinta Municipal Code state, at the request of the La Quinta Volunteer Fire Department, their intent to consider a change in the street name Old 52nd Avenue to Frances Hack Lane; and, WHEREAS, the Planning Commission of the City of La Quinta, California, at the same meeting did set April 11, 1995, as a public hearing date on the above matter, in accordance with Section 14.08.050 of the La Quinta Municipal Code; and, WHEREAS, the Planning Commission of the City of La Quinta, did hold public hearings on April 11, and May 9, 1995, on Street Name Change 95-006 and recommended approval to the City Council; and, WHEREAS, the Planning Commission, at the meeting held on May 9, 1995, did find the following facts and reasons to approve Street Name Change 95-006. 1. This street name change does not conflict with any approved specific plan, other street names, the La Quinta General Plan, or the La Quinta Zoning and Subdivision Ordinance. 2. The owners of all land adjacent to the affected street have been notified and no objections to the change in the street name have been received. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of La Quinta as follows: That the Planning Commission has followed the requirements of the La Quinta Municipal Code, Chapter 14.08 pertaining to Street Name Changes. 2. That the Planning Commission hereby recommends approval of Street Name Change 95- 006 changing the street name from Old 52nd Avenue between Avenida Bermudas and its terminus 780-feet east to Frances Hack Lane. RESOCC.128 Resolution 95- PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 9th day of May, 1995, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California REsocco128 PH #2 STAFF REPORT PLANNING COMMISSION DATE: MAY 9, 1995 CASE NO: CONDITIONAL USE PERMIT 95-019 REQUEST: 1. CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT 2. APPROVAL OF A CONDITIONAL USE PERMIT FOR INSTALLATION OF A CELLULAR MONOPOLE AND ANTENNAS, AND AN EQUIPMENT STRUCTURE. APPLICANT: AIRTOUCH CELLULAR PROPERTY OWNER: DESERT SANDS UNIFIED SCHOOL DISTRICT REPRESENTATIVE: PLANNING ASSOCIATES LOCATION: LA QUINTA SPORTS COMPLEX (ON SCHOOL CAMPUS) 78- 900 AVENUE 50 ZONING: R-2-12,000 GENERAL PLAN DESIGNATION: PARK FACILITIES (P) ENVIRONMENTAL CONSIDERATIONS: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED ENVIRONMENTAL ASSESSMENT 95-297 FOR THE PROPOSED PROJECT. BASED UPON THIS ASSESSMENT, THE PROJECT COULD HAVE A SIGNIFICANT EFFECT UPON THE ENVIRONMENT, UNLESS MITIGATION MEASURES ARE IMPLEMENTED WHICH LESSEN THE IMPACTS TO AN INSIGNIFICANT LEVEL. THEREFORE, A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED FOR CERTIFICATION. PCLC.103 BACKGROUND: On March 29, 1995, AirTouch Cellular submitted a request for approval of a conditional use permit to replace an existing light standard with a 100-foot high monopole located at the northwestern corner of the La Quinta Sports Complex (Attachment 1). The Sports Complex is located within the public school campus located at the northwest corner of the intersection of Park Avenue and Avenue 50 (Attachment 2). The monopole will support three microwave dish antennas and cellular array antennas. The existing bank of field lights will be mounted on the monopole, below the antennas. The Sports Complex is leased by the City from the Desert Sands Unified School District. AirTouch will be a lessee for a monthly fee payable to the school district. There have been several meetings in the past between the applicant, the school district, and the City toward the applicant seeking approval of the submission of this application. AirTouch Cellular does have the permission of the school district to submit this application request (Attachment 3). The application is subject to the provisions of Ordinance No. 248 - Commercial Communications Towers, which requires that the project be subject to a public hearing. Environmental review is also required under CEQA. Environmental Assessment 95-297 is included as Attachment 4. A Mitigation monitoring plan is also attached to the project (Attachment 5). The application was transmitted to responsible agencies for review and comment. Those agencies responding with comments were I I D, CVWD, DSUSD, Fire Department, Building & Safety Department, Riverside County Airport Land Use Commission, and the Sheriff's Department. Letters from these agencies are contained in Attachment 6). One letter in opposition to the project was received (Attachment 7). Errors in the site plan were required to be corrected prior to the Planning Commission meeting. These errors consisted of the misplotting of existing facilities and electrical lines transecting the project site. To rectify this mistake, the proposed equipment building has been moved away from the electrical lines by 10 feet in order to stay out of any easement that may exist for the electrical lines. Staff has reviewed the revised plot plan and recommends approval . Conditions of approval are found in Attachment 8. Staff has conditioned the project for submittal of revised equipment building elevation in order to provide a stuccoed band around the roof line in order to match the architectural detail of the existing buildings on the school campus. A resolution for certification of the environmental assessment (Attachment 9) and one for the approval of the project (Attachment 10) are included for Planning Commission action. RECOMMENDATION• 1. That the La Quinta Planning Commission adopt Resolution 95-_, certifying a Mitigated Negative Declaration of Environmental Impact, in accordance with the findings set forth in the resolution. 2. That the La Quinta Planning Commission adopt Resolution 95-_, approving Conditional Use Permit 95-019, as revised and subject to the attached conditions of approval and mitigation monitoring plan. PCLC.103 t ` Attachments: 1. Application materials (large plans to be distributed prior to or at the meeting) 2. Location map 3. DSUSD permission documents 4. Environmental Assessment No. 95-297 5. Mitigation Monitoring Plan 6. Letters from commenting agencies 7. Letter of opposition 8. Conditions of Approval 9. EA Resolution 10. CUP Resolution � s PCLC.103 �.1 U �I CITY or LA QQIIRA ATTACHMENT '78-495 CALLZ TAMPICO LA QUINTA, CA 92253 Case Date Received: =5 - =j - CONDITIONAL USE PERMIT APPLICATION e �1'S - '� C� PART I General Information Applicant: AirTouch Cellular (714) 222-7615 (Name) (Phone) P.O. Box 19707, Irvine, Ca 92713-9707 (Address) Owner(s): Desert Sands Unified School District ( Name) MAR (2 nV_)_ 82-879 Highway 111, Indio, Ca 92201 1995 (Address) _ C Purpose of Request: See "Attachment i" ; Assessor's Parcel No.: 646-070-Oni General Location: La .Quinta Mianle School, 78-900 Avenue 50, T.a Quint -a, ra 9225*1 Acreage: AirTnuch rn lease a port -inn r r Zoning: 16.8 acres (Lease area: 22'x 22 Existing g: R-2-12,000 Related Cases:NONg monopole are4 Legal Description: Give exact "Legal description as recorded in office of the County Recorder - May be attached See "Attachment 2" PART II Project Background L. Expanded description of the project (include architectural and environmental characteristics important to the project). See "Attachment 3" t. Common Name of project, if any: AirTouch/La Quinta 1. Relationship to a larger project or series of projects, if applicable. Describe how this project relates to other activities, phases, and developments planned, or now underway: N/A Ohce c&t?j?ro1J fiv ptglet fS one, 1. List and describe any other related permits and other public approvals required for this project to proceed, including those required by the City, Regional, State and Federal agencies (Indicate subsequent approval agency name, and type of approval required.): FCC. PUG CUPAPP �' .,� oil -MDiTiaut Ds8 PMOUT AMIG1110K, C. f La Quint& PART II (Oont'd) 5. What original deed restriction(s), if any, concerning the type of improvements and class of uses permitted were placed on the property involved? (You may attach copy of original printed restrictions in answer to this question after properly underscoring those features governing the type of improvements and class of uses permitted thereby.) None are known. Give date restrictions expire: 6. When did present owner acquire the property? (nknown �JJQX-Gh J 0 149 3 tIUI"/ rInthI Dav Year PART III Project Description RESIDENTIAL PROJECTS (If not residential, DO NOT answer.) ( N/A ) 1. Number and type of dwelling units (Specify number of bedrooms): 2. Schedule of unit sizes: 3. Number of stories: 4. S. Height feet. Largest single building (Sq. Ft.): (Height): Type of household size expected (population projection for the project): 6. Describe the number and type of recreational facilities: 7. Is there any night lighting of the project? If so, please describe: B. Range of sales prices or rents: $ to $ 9. Area and percent of total project devoted to (if known): Building footprint: Square Feet $ Paving, including streets: Square Feet $ Landscaping, open, recreation area: Square feet 10. Parking space required: number provided: 11. Number of parking spaces covered: number open: OWA" , r• C0.DITICiU1L VU PZWrT APPLICATION, Cit L& Quinta PART III (Cent-d) COMMERCIAL, INDUSTRIAL, INSTITUTIONAL OR OTHER PROJECTS 1. Type of use(s) and major function(s). (If offices, specify type & number): Proposed AirTouch ('el 1 nl ar C omm ini rati nns Fari 1 i tU.( 1 ) 221 x 991 Drnp,).2ad F.auipmer Enclosure & proposed 100' monopole replacing existing light standard 1 antennas and 3 microwave dishes; height of antennas & microwave dishes to be adju to meet system capacity reQuiremPntclaxisting 1ightetn also he o1oG'4-@41 Qu monope 2. Number of square feet in total building area: 4845 F 3. Number of square feet of building area devoted to each proposed use: 484 S.F. proposed use as Ed{LiFment FnclncurP 4. Number of stories: 1 Height 16'± feet 5. Largest single building (Sq. Ft.): 484 S.F. (Hgt.) 161f 6. Number of square feet in outdoor storage area:Approx. 10S.F. allowed for proposed emergency generator 7. Total number of required parking spaces:(l) intermittent Number provided: 11,qp existir, service man available a 8. Hours of operation:? 24 Hrs./Day 9. Maximum number of clients, patrons, shoppers, etc., at one time: (1)intermittent sery man - once a month 10. Maximum number of employees at one time: number of full-time employees:`; intermittent service man number of part-time employees:_ 11. If patron seating is involved, state the number: N/A 12. Is there any night lighting of the project? Yes x No (lighting from existing li ht standard to be relocated on new monopole) 13. Area and percent of total project devoed to: Building footprint: Portion of entire site Square Feet additional 484 S.F./unknc Paving, including streets: - Square Feet - $ Landscaping, open, recreation area +o b¢ tnhdmeA Square Feet to remain the same $ (Excluding right -of -ways)*Portion of entire sitetok &ased: 484 S.F. and monopole m-e4- Total project area: (16.Sgft&t)_ Square Feet $ Signature of Applicant: Date: Authority for this application is hereby given: Signature of Property owner(s): Date: (Written authority may be attached) Date: IIPORTAKT: Any false or misleading information shall be grounds for denying this application. Signatures -and addresses of all owners as shown in the office of the county Recorder must be included. CUPAPP case Number �� 1 Date Received - y PLANNING & DEVELOPMENT DEPARTMENT ENVIRONMENTAL INFORMATION FORM Please complete Parts I & II of this form and provide ALL of the addit- ional materials requested in Part III. Failure to do so may delay the review and process of your project. If you are unable to provide the information, or you need assistance, please feel free to contact the Environmental Quality Section of the Planning Department at (619-564-2246) PART I. GENERAL INFORMATION ♦o Leg se 1. What is the total acreage involved? a portion of 16.8ac. (approx. 484 2. Is there a previous application filed for the same site? No If "Yes", provide a Case Number. Also provide the Environmental Assessment Number, if known, and the Environmental Impact Report Number, if applicable. Case No. (Parcel Map, Zone Change, Etc.) EA No. (if known) EIR No. (if applicable) PART II. EXISTING CONDITIONS 1. Project site area 16.8 ac. - a portion of (Lefte A (Size of property in square 2. Existing use of the project site Field Sports rea -6 be 464 sS. dad ►w eet and acreage) 3. Existing use on adjacent properties: (Example: North, Shopping Center; South, Single Family Dwellings; East, Vacant, etc.) See "Attachment 4" 4. Site topography (describe): (If any portion of the site exceeds slope, attach a topographic display of the proposal site; if lesE than 5% slope, please provide elevations at corners of site) Flat for field sports. (to be provided) 5. Grading (Estimate number of cubic yards of dirt being moved): Grading amount is unknown at this time for proposed hole to be dug to place the monopole footing. i (I FORM.005/CS -1- 6. Are there any natural or man-made drainage channel areas through 4 adjacent to the property? Yes x No (If "Yes" submit a displi of such drainage channel areas.) Describe the disposition of the; channels/areas should the proposal be implemented. There 3.s an evacuation channel -The La Quinta Evacuation Channel to the west of the proposed site. 7. Are there any known archaeological finds near or on the proposed site? Yes No x None known 8. Describe any cultural or scenic aspects of the project site. It is the existing La Quinta Sports Complex and there are no known cultural or scenic aspects to this site. 9. Describe existing site vegetation and their proposed disposition should the proposal be approved. No vegetation will be dispose, of/existing vegetation to remain and will be enhanced. (If any significant plant materials, e.g., mature trees, exist on thi site, please prepare a site plan that illustrates their number, type size and location.) 10. Describe accessibility of proposal site to the following utilities gas, water and electricity. (If proposal site does not have immediate access, further describe necessary extension of services and provide a graphic display, 8 1/2 x 11" that indicates their present location in reference to the subject site). Electrical power to be provided from existing Power Pole on site (to be provided.) 11. Additional comments you may wish to supply regarding your project. (Attach an additional sheet if necessary.) See "Attachment 5" - Letter of Justification PART III. ADDITIONAL MATERIALS The following items must be submitted with this form: 1. At least three (3) panoramic photographs (color prints) of the project site, or an aerial photo of the site. (SEE "ATTACHMENT 6") 2. A clear photocopy (Xerox or similar copy) of the appropriate portion of the US Geological Survey quadrangle map, delineating the boundaries of the project site. Also note, the title of the map. (SEE "ATTACHMENT 711 ) FORM.005/CS -2- I certify that I have investigated the questions in Parts I, II, & IZI aid the nswers are true and correct to:the best _ - owledge. 6 H Name & Title of Persofi Completing Form Signature of Applicant 00 FORM.005/CS -3- AIRTOUCH (LA QUINTA) LETTER OF JUSTIFICATION (CONDITIONAL USE PERMIT) (Proposed AirTouch Cellular Site located within the existing La Quinta Sports Complex) AirTouch is requesting a Conditional Use Permit approval to allow the construction for the proposed 100' high steel monopole/light pole and 22' x 22' x 16' f cellular equipment facility. The monopole will house three (3) cellular antenna arrays, consisting of twenty-one (21) cellular antennas, and three (3) microwave dishes. The lights from the previous light standard will be transferred to this monopole with the lighting use uninterrupted. A proposed cellular equipment facility, approximately 22' x 22' x 16' t in size, will be located to the north and adjacent to the existing property line and 15' beyond the existing batting cage. An underground cable run will connect the monopole to the equipment. The location of the proposed AirTouch Cellular communication facility on the subject site will be desirable to the public convenience and welfare, proper in relation to adjacent uses and the development of the community and will not be detrimental to the character of development in the immediate neighborhood based on the following. In order to provide for future uninterrupted clear telephone service in the project site area, the new cellular equipment installation is required. Due to the nature of the use, the hardware in place will not represent a unique nor unusual visual product. The nature of the proposed use, that is, its regulated status, provides several checks and balances relative to potential effects upon public health, peace, comfort or welfare of persons residing or working in the surrounding area. First, and most importantly, the Federal Communications Commission controls and regulates the operation of all communication devices anticipated to be used at the site. In addition, the California Public Utilities Commission has regulatory authority. Finally, the City of La Quinta may condition the present request so that all appropriate design criteria may be adhered to. The Federal State and local controls fully assure the surrounding community that they will remain "safe." The use as proposed will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site based on the following: Public utility facilities must be and are located throughout the urban and non -urban environments, in order to support the populations of both areas. tpa\conditional Letter of Justification (Conditional Use Permit) Page two They are all associated with progress within the communication freeway network and a prosperous economy. The positioning of such facilities near other properties does not materially limit the future land use options available to present nor future property owners. In addition, in the present case, since the facility will be unmanned and only require infrequent maintenance visits (12 per year), it will maintain a very low or unnoticed profile in the community. The master plan does not specifically address future communications equipment and/or facilities. The subject property is depicted on the Zoning Plan as R-2-12,000 and General Plan as "P"- Park Facility which of course recognizes the established development pattern. One reason communication facilities are not depicted on this type of document is due to the small-scale space of the use. Another reason is that the location of such facilities cannot be anticipated in advance. The project is not located with the coastal zone so the proposed conditional use will need not comply with the Certified local Coastal program. tpa\conditional "ATTACHMENT V PURPOSE OF REQUEST AirTouch Cellular requests approval of a proposed cellular facility within the existing La Quinta Sports Complex: to include the replacement of an existing light pole with a new 100' monopole (existing lights will be relocated on the new monopole) and a separate 22' x 22' x 16' t cellular equipment facility constructed to match the existing buildings within the area (split -face block). AirTouch also proposes additional landscaping for screening purposes around the proposed equipment building. ATTACHMENT 2 LEGAL DESCRIPTION: Parcel 1 and portion of Lettered Lot B of Parcel Map 20862, in the County of Riverside, State of California, as per Map recorded in Book 133, Pages 17 and 18 of Parcel Maps, in the Office of the County Recorder of said County, more fully described as follows: Beginning at the Northwest corner of Parcel 1 of Parcel Map No. 20862, as recorded in Book 133, pages 17 and 18 of Parcel Maps, Records of Riverside County, California; thence Easterly along the North line of said Parcel, South 890 58' 30" East, a distance of 1,086.29 feet; thence Southerly parallel to the East line of Section 31, as shown on said Parcel Map No. 20862, South 00019' 15" East, a distance of 585.01 feet; thence Westerly parallel to the South line of said Section 31, North 890 58' 30" West, a distance of 1284.38 feet; thence Northerly along the Westerly line of said Parcel 1 North 00' 16' 03" West, a distance of 29.20 feet; thence Westerly along the Southerly line of said Parcel 1, North 800 12' 54" West, a distance of 122.72 feet; thence Northerly along the Westerly line of said Parcel 1, North 300 33' 57" East, a distance of 621.18 feet to the point of beginning. tpa\laquinta.1 ') 1, 1 "ATTACHMENT 3" EXPANDED DESCRIPTION OF PROJECT PURPOSE TO REQUEST: To install a 100 ft. monopole and cellular equipment facility. Monopole: An existing light pole will be replaced with an AirTouch monopole and the lights are to be relocated below the three (3) cellular antenna arrays. The new monopole/light standard will be painted to match the other light standards. Three microwave dishes are proposed and their location and height will be adjusted to meet system capacity requirements. Eauinment Facility: The container will measure approximately 22' x 22' x 16' ht. t to the north and adjacent to the existing property line and 15' beyond the existing batting cage. The building will be a concrete block building that will match the texture of the existing buildings on the field or to any specifications desired. Fencing should not be necessary. An underground cable run will connect the monopole to the equipment facility. This will allow for an independent communication network which can continue to function if electrical service is discontinued during an emergency situation and/or natural disaster. This facility will enhance the general health, safety and welfare of the jurisdiction and surrounding areas by providing more reliable cellular communication at this location. "ATTACHMENT 4" Existing uses adjacent properties: • North: Coachella Valley Flood Control, La Quinta Evacuation Channel. • South: Existing Residential and Golf Course. • East: Future Residential and Golf Course. • Nest: Evacuation Channel and further west is existing Residential with vacant lands planned as future residential. o1",, C1.1 8 CMAtftXg, 0 Weil. ..Woo il'31 36 ;date, 60 ter vkt*jE 50 -Q 38 ---sa • • -maxi --TFfF-- q•Quints La RTION OF U.S. GEOLOGICAL SURVEY OUINTA QUADRANGLE JECT LOCATION Wei I 20 Pump f{1ED S C, O _ O •r y BERMUDA DUNES RANCHO MIRAGE ►' INDIAN WELLS H PALM DESERT a ,j+P.OLAINDIOTA ti9 s BOARD OF EDUCATION Gilbert L. Anderson Jim Koedyker Rent L. Garcia Matt Monica Amy Swan -Draper SUPERINTENDENT Dolores Ballesteros 26 Minutes 02/07/95 ATTACHMENT Desert Sands Unified School District 82-879 Highway 111 • Indio, California 92201-5678 • (619) 775-3500 QIC APR Z S 1995 1 a t LiTY Pl.A111 VI ' (311) Approve AirTouch Cellular's request for space for Request for space location of a monopole at the Sports Complex in La Quinta, and from Airsauch propose the $500.00 per month lease payment received be split cellular. loaatie between Truman Elemenary and La Quinta Middle School, as a of monopole - result of the impaction of the Sports Complex on their sites, La Quinta sports contingent on OSA (Office of the State Architect) approval. complex Approved Vote: Ayes: 5 Motion: Swan -Draper Noes: 0 Second: Monica Absent: 0 C E R T I F I C A T I O N I hereby certify the above is a true and correct copy of minute motion 311 from the official minutes of the February 7, 1995, regular board meeting. Dated this Twenty-fifth day of April, 1995, in the City of Indio, County of Riverside, State of California. Dolores A. Ballesteros, Superintendent and Secretary to the Board of Education Desert Sands Unified School District 22 GENDA CATEGORY General Function BOARD OF EDUCATION MEETING 02/07/95 ACTION/CONSENT 'EM TITLE AirTouch Cellular's Request to X ACTION ease Space on the La Quinta Sports Complex INFORMATION rounds DISCUSSION ACKGROUND: LrTouch Cellular has requested the City of La Quinta allow them to lease space on ze Sports Complex for location of a monopole. The City and School District have )ent several months studying the proposal because of questions of safety and health. now feel that all of the questions have been answered and there are no heath or ifety issues involved with the monopole installation. The request is accompanied by $500 a month lease fee to the School District. TSCAL IMPLICATIONS: .eceipt of $500.00 per month. LECOMMENDATION: Lpprove AirTouch Cellular's request for space for location of a monopole at the ports Complex in La Quinta, and propose the $500.00 per month lease payment received >e split between Truman Elementary and La Quinta Middle School, as a result cf the .mpaction of the Sports Complex on their sites. cbmitted by: tecommended by: Superfntendeffs Recommenaauon w noaru ul r uucuao, Ld2--�Z_u Dr. Dolores Ballesteros, Superintendent When necessary, additional background may follow this. r121 506 78-495 CALLE TAMPICO - LA OUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 •e i January 19, 1995 Dr. Dolores Baliesteros, Superintendent Desert Sands Unified School District 0 Q7 U;gk%r*a% v2'v0 9 1 11 It.va' I / a Indio, CA 92201 Dear Dolores: On January 17, 1995 the City Council considered the request by AirTouch Cellular to place a monopole at the La Quinta Sports Complex (report attached). As you will recall, the Complex is City -leased property from the District. Our previous conversations regarding this issue concluded with you requesting City review or AirTouch's request prior to School District consideration. I wanted to provide a brief update. The staff and Council have concluded that health concerns regarding placement of a monopole have been adequately addressed by AirTouch, and the Council has directed the Community Development Department to assist with processing a Conditional Use Permit upon AirTouch's submittal of an application. Please feel free to correspond with Jerry Herman, Community Development Director, regarding this matter. Sincerely, ` int�Bahlen Parks.4 Recreation Director d CB:cs c: Alicia Kenney, AirTouch Hardy Strozier, Planning Associates 506.1 LTRCB.007 �a MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 TAtt 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: .4 iUNCIL/RDA MEETING DATE: January 17, 1995 CONSENT CALENDAR: M TITLE: STUDY SESSION: ._ onsideration of Request by Air Touch Cellular PUBLIC HEARING: 3 Locate Monopole at Sports Complex ECOAIIMENDATION: ►irect Air Touch Cellular to the Community Development Department for further review and onsideration of the proposed placement of a cellular monopole at the La Quinta Sports ;ompiex. ISCAL IMPLICATIONS: iitial discussions as presented to the City Council on November 1 indicated that Air Touch is villing to pay the City and Desert Sands Unified School District $500 per month each for rasing the site. The attached matrix indicates that this is above the average amount of rent laid for a land lease of this nature. However, it is not the highest amount paid. f Council directs Air Touch to Community Development for further review and consideration, staff will begin formal negotiations with Air Touch to acquire the most favorable lease/rent arrangement. It should be noted that staff has expended the monetary value in staff time of tl irst year's potential revenue in reviewing, evaluating, and reporting on this issue on behalf of he City. 3ACKGROUND AND OVERVIEW: kir Touch Cellular approached the City of La Quinta with a proposal for locating a monopole a equipment container at the La Quinta Sports Complex in July, 1994. At that time, staff 'equested that Air Touch develop a proposal for the Counciil's consideration. 3n July 19, 1994 staff presented a Study Session staff report to Council outlining the Air (ouch proposal. On November 1, items of concern to the Council were the proposed rent to Said to the City; the safety of the monopole and transmissions emanating from the monopole and equipment building; and the location/positioning of the equipment building. Staff has discussed the rent issue with the Air Touch representatives, and Air Touch has expressed an openness to pay the City $500 per month and the School District $500 per month, opposed to both agencies splitting a single monthly rent payment of $500 per month previously proposed. -Other agencies' revenue arrangements which have been negotiated wit Air Touch Cellular are presented in the attached matrix. �. �» • 506.2 garding the second issue of Council concern, Air Touch representatives have agreed to ocate the equipment building off the playing field area to a more remote site directly behind Snack Bar building. Air Touch has further agreed to graffiti -proof the building, and remove y graffiti from the building upon notice from City staff. Staff believes the change of location dresses safety concerns, and Air Touch has agreed to construct the building of the same iterials as the existing snack bar to address aesthetic issues, as well as provide landscaping compliment and shield the building materials. Other agencies' agreements with Air Touch /iewed by staff indicates that Air Touch has maintenance responsibilities in and around the iced -off monopole and building areas. the November 1 and December 6, 1994 Council meetings, the Council expressed concerns garding health issues related to the level of electromagnetic, micro, or electric waves or rrents, and Council expressed its desire for more information and materials addressing health ks of locating a monopole at the Sports Complex. November, staff requested of Air Touch information or copies of agreements between Air such and schools which have cellular monopole sites, per the statements made to the Council Air Touch that there are many school sites which have cellular monopoles on location (see atrix included as Attachment 1). The Planning Associates, on behalf of Air Touch, submitted ;tensive health and cellular technology study information on Tuesday, November 29. On Member 16, 1994, staff received nine (9) copies of original school district and agency Ireements requested by staff. ;aff's experience with Air Touch has been less than satisfactory. Often information is not ovided unless specifically requested several times. For example, the agreements provided to aff on December 16, 1994 had all lease/rent payment information blacked out, in spite of the eeting .between the City Manager, the Mayor, and Air Touch representatives prior to the ecember 6 meeting where the City Manager specifically requested the lease/rent payment rangement information. Staff had to request the information again, and in the case of two of ie agreements, the information faxed was incomplete and not current. NDINGS AND ALTERNATIVES: taff believes that Air Touch has addressed the concerns of the Council and staff related to Balth issues. Staff has reviewed information addressing health concerns provided by Dr. Pete c)ulson, a consultant on microwave's biological effects; Joie Pierce Jones, professor of idiological science at University of California, Irvine; Cities of Los Angeles and Los Alamitos taff reports, Council and Planning Commission minutes, records, and video tape; Dr. Jerrold ushberg, Department of Radiology, University of California at Davis; and Federal ommunication Commission materials. �itw 506.3 ccll-la iff concludes that there are no valid health concerns related to the placement of a monopole the Sports Complex for the following reasons: Cellular sites such as that proposed for the Sports Complex emanate non -ionizing radiation, rich is relatively harmless, opposed to ionizing radiation which displaces electrons and is used medical purposes or microwave ovens. The radiation emitted from the monopole is hundreds of times less than the safety standards :ablished by ANSI, and accepted by the federal and state governments. Over 12,000 cellular and microwave studies have been conducted, and the overwhelming dence indicates there are no ill effects from monopoles as proposed for the Sports Complex. the contrary, there is no credible evidence that monopoles or cellular microwaves cause any 3Ith problems (the most notable incident was a Larry King Live guest who stated that, :ause his wife died of brain cancer and she used a cellular phone alot, the cellular phone ised the cancer; no scientists supported his claim). The exposure to microwaves at ground level at the Sports Complex would, for reasons ited in number 1 and 2 above, be negligible and of no consequence from a health perspective e waves emanating from the antennas and dishes are direct waves, meaning there is very le "spill" from the waves, but rather the waves are targeted. iff is recommending that the Council direct Air Touch to the Community Development partment for processing of their request to place a monopole at the Complex. Alternatives 3ilable to the Council are: 1. Direct Air Touch to the Community Development Department; or 2. Refuse to further consider the Air Touch request to locate a cellular monopole at the Sports Complex location. ell INT BQULEN ,RKS & RECREATION DIRECTOR tachment 1 - Comparative of Air Touch Agreements with Other Agencies 506.4 d a ATTACHM#. _ a i m a ai g' D u p u Q Y m Le t w t u $, r G N T 2v w a ab; 0� i � ; osQ a loll EIn q�1� o a s N 10 a C C y N y cY�! 3 C N 0 m N� i0 m E C C r C: jp C o c N N Q W .. m a E c m m o y Of N7 A � � w b � � � � {O N P! w > co) cm 06 ull r t o a a a ° CZpa N C �Ot C AO � � � C � a o � E� � a •• � o t$ � io m � ami w 10 f0 > o ~ 4 N O N M a. N< O N O N` O 4c N O Q w cc o � � N U c us O O N w N cmCL .�- °a t: as m� Q J O< r E z C 7 Q C = 02 ® J0. t°nC •0 >L e `cc m r c LL o.o m 506.5 A a � ) CL � \ « fus ƒ� Cl)§ 0)§ �§ �k CY Cm �2 , k C36% g� /a 0 ® k k S>t §§2 _«o _V_ } c � � k Rw a 506.E ATTACHMENT ENVIRONMENTAL CHECKLIST FORM Environmental Assessment No. 95-297 Case No.: CUP 95-019 Date: March 31, 1995 I. Name of Proponent: AIRTOUCH CELLULAR Address: P. O. Box 19707, Irvine, CA 92713 Phone: 714-222-7615 Agency Requiring Checklist: City of La Quinta Project Name (if applicable): La Quinta Sports Complex Monopole CITY OF LA QUINTA Community Development Department 78-495 Calle Tampico La Quinta, California 92253 ECUP.AIRTOUCH i II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. Land Use and Planning Transportation/Circulation Public Services Population and Housing Biological Resources Utilities Earth Resources Energy and Mineral Resources Aesthetics Water Risk of Upset and Human Health Cultural Resources Air Quality Noise Recreation Mandatory Findings of Significance On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. X I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least, 1) one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards; and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a " potentially significant impact" or "potential significant unless mitigated. " AN ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Signature Date April 3, 1995 Printed Dame and Title Leslie Mouriquand, Associate Planner For: The City of La Quinta i Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.1. LAND USE AND PLANNING. Would the project: a) Conflict with general plan designation or zoning? X (source #(s): b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X c) Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? X d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X 3.2. POPULATION AND HOUSING. Would the project: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X 3.3. EARTH AND GEOLOGY. Would the project result in or expose people to potential impacts involving: a) Fault rupture? X b) Seismic ground shaking X c) Seismic ground failure, including liquefaction? X d) Seiche, tsunami, or volcanic hazard? X e) Landslides or mudflows? X f) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X g) Subsidence of the land? X h) Expansive soils? X i) Unique geologic or physical features? X Potentially Potentially Significant less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.4. WATER. Would the project result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X b) Exposure of people or property to water related hazards such as flooding? X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity? X d) Changes in the amount of surface water in any water body? X e) Changes in currents, or the course or direction of water movements? X f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? X g) Altered direction or rate of glow of groundwater? X h) Impacts to groundwater quality? X 3.5. AIR QUALITY. Would the project: a) Violate any air quality standard to contribute to an existing or projected air quality violations? X b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectional odors? X iii 3.6. TRANSPORTATION/CIRCULATION. Would the project result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on site or off site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 3.7. BIOLOGICAL RESOURCES. Would the project result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? b) Locally designated species (e.g. heritage trees)? c) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact x x x x x x x x x 4 �A 1V d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? 3.8. ENERGY AND MINERAL RESOURCES. Would the project: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X 3.9. RISK OF UPSET/HUMAN HEALTH. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? X b) Possible interference with an emergency response plan or emergency evacuation plan? X c) The creation of any health hazard or potential health hazards? X d) Exposure of people to existing sources of potential health hazards? X e) Increased fire hazard in areas with flammable brush, grass, or trees? X 3.10. NOISE. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X 3.11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X Potentially Potentially Significant Significant Less Than Unless Significant No Impact Mitigated Impact Impact b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X 3.12. UTILITIES. Would the proposal result in a need for new systems, or substantial alternations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution facilities? X d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X 3.13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? X b) Have a demonstrable negative aesthetic effect? X c) Create light or glare? X 3.14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X c) Affect historical resources? X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? X e) Restrict existing religious of sacred uses within the potential impact area? X Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impart Impact 3.15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks of other recreational facilities? X b) Affect existing recreational opportunities? X 4. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the Potential to degrade the quality of the environmental, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California X history or prehistory? b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental X goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of X probable future projects). d) Does the project have environmental effects which will cause substantial adverse effects on human X beings, either directly or indirectly? EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed by the earlier document. c) Mitigation measures. For effects that are "potentially significant" or "potentially significant unless mitigated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. vii ADDENDUM for INITIAL STUDY -ENVIRONMENTAL STUDY NO. 95-297 Conditional Use Permit 95-019 Applicant: Airtouch Cellular Prepared by: City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 619-777-7125 March 31, 1995 TABLE OF CONTENTS Section Page 1 INTRODUCTION 3 1.1 Overview of the Proposed Project ..................................................... 3 1.2 Purpose of Initial Study.................................................................... 3 1.3 Background of Environmental Review .............................................. 3 1.4 Summary of Preliminary Environmental Assessment ......................... 4 2 PROJECT DESCRIPTION 4 2.1 Project Location and Environmental Setting ..................................... 4 2.2 Physical Characteristics of Proposed Project ..................................... 4 2.3 Operational Characteristics of Proposed Project ................................ 5 2.4 Objectives of the Project.................................................................... 5 2.5 Discretionary Actions........................................................................ 5 2.6 Related Projects................................................................................ 6 3 ENVIRONMENTAL ANALYSIS 6 3.1 Land Use and Planning..................................................................... 7 3.2 Population and Housing.................................................................... 8 3.3 Earth Resources................................................................................. 10 3.4 Water................................................................................................ 12 3.5 Air Quality........................................................................................ 15 3.6 Transportation/Circulation................................................................ 16 3.7 Biological Resources........................................................................ 18 3.8 Energy and Mineral Resources.......................................................... 20 3.9 Risk of Upset/Human Health............................................................. 21 3.10 Noise................................................................................................ 23 3.11 Public Services................................................................................. 23 3.12 Utilities............................................................................................. 25 3.13 Aesthetics......................................................................................... 26 3.14 Cultural Resources............................................................................. 27 3.15 Recreation.........................................................................................29 4 MANDATORY FINDINGS OF SIGNIFICANCE 30 0 3 "' 2 SECTION 1: INTRODUCTION 1.1 OVERVIEW OF THE PROPOSED PROJECT The purpose of this Initial Study is to identify the potential environmental impacts of the proposed AirTouch Cellular monopole installation. The proposed project site is located at the La Quinta Sports Complex, adjacent to Harry Truman Elementary School on Park Avenue, north of 50th Avenue. The project site for the project will be subleased from the City of La Quinta who holds a lease from the Desert Sands Unified School District. The lease area is 22-feet by 22-feet for a proposed equipment building, plus the area required for the monopole. The equipment building will be 484 square feet in size, single story with a maximum height of 16 feet. Outside storage area will be approximately 10 square feet for a proposed emergency generator. The monopole will be 100 feet high with three 18- foot high whip antennas on top for a maximum height of I I8-feet. The City of La Quinta is the Lead Agency for the project, as defined by Section 21067 of the California Environmental Quality Act (CEQA). A Lead Agency is the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment. The City of La Quetta, as the Lead Agency, has the authority to oversee the environmental review and to approve the proposed development. 1.2 PURPOSE OF INITIAL STUDY As part of the environmental review for the AirTouch Cellular monopole, the City of La Quinta Community Development Department has prepared this Initial Study and Addendum. This Initial Study provides a basis for determining the nature and scope of the subsequent environmental review for the proposed monopole. The purposes of the Initial Study, as stated in Section 15063 of the CEQA Guidelines, include the following: To provide the City of La Quinta with information to use as the basis for deciding whether to prepare an environmental impact report (EIR) or negative declaration for the AirTouch monopole; To enable the applicant or the City of La Quinta to modify the project, mitigating adverse acts before an EIR is prepared, thereby enabling the project to qualify for a mitigated negative declaration; To assist the preparation of an EIR, if one is required, by focusing the analysis on those issues that will be adversely impacted by the proposed project; To facilitate environmental review early in the design of the project; 3 To provide documentation for the findings in a negative declaration that the project will not have a significant effect on the environment; To eliminate unnecessary environmental impact reports; and, To determine whether a previously prepared EIR could be used with the project. 1.3 BACKGROUND OF ENVIRONMENTAL REVIEW On March 29, 1995, an application for approval of a cellular monopole was submitted to the City of La Quinta, by AirTouch Cellular. Following this submittal, the City prepared an Initial Study, of which this addendum document is a part. 1.4 SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT The Initial Study for the proposed monopole indicates that there is little potential for adverse environmental impact of a significant level. Mitigation measures have been recommended to reduce potential impacts to insignificant levels. As a result, a negative declaration of environmental impact will be recommended for this project. An Environmental Impact Report (EIR) will not be necessary for this project. SECTION 2: PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING The City of La Quinta is 31.18 square miles in size and located in the southwestern portion of the Coachella Valley. The City is bounded by the City of Indian Wells on the northwest, City of Indio and Riverside County on the east, Riverside County on the north, and federal lands to the south. The City of La Quinta was incorporated in 1982. The City is primarily developed upon an alluvial fan within a desert valley cove. 2.2 PHYSICAL CHARACTERISTICS OF PROPOSED PROJECT The proposed development will consist of the installation of a 100-foot high steel monopole structure that will also serve as a light standard for sports field lighting. The monopole will be replacing an existing light standard. The monopole will house three cellular antenna arrays, consisting of twenty-one (21) cellular antennas, and three microwave dishes. The lights from the previous light standard will be transferred to this monopole with the lighting use uninterrupted. A proposed cellular equipment facility, approximately 22' x 22' x 16' in size, will be located to the north and adjacent to the existing property line and 15' beyond the existing batting cage. The equipment building will be unmanned building which contains electronic receivers, computers, and other equipment. An underground cable run will connect the monopole to the equipment. The new monopole/light standard will be painted to match the other light standards on the sports field. Three microwave dishes are proposed and their location and height will be adjusted to meet system capacity requirements. Fencing should not be necessary. 2.3 OPERATIONAL CHARACTERISTICS OF PROPOSED PROJECT The cellular monopole/light standard will be unmanned, except for brief monthly maintenance inspections and servicing. One parking space is needed which can easily be provided on the existing sports complex grounds. Access will be provided off of Park Avenue and service roads within the school complex. 2.4 OBJECTIVES OF PROPOSED PROJECT The proposed monopole is a part of a system -wide network of cellular communication facilities owned and operated by AirTouch Cellular. The proposed cell site is needed to provide for future uninterrupted clear telephone service in the project site area. AirTouch Cellular is an independent communication network which can continue to function is electrical service is discontinued during an emergency situation and/or natural disaster. The monopole is part of a network of such facilities that provide more reliable cellular communication in the local area. Through the discretionary and environmental review process, the City Council will consider the nature and extent of benefits and costs (including environmental) of the monopole to the City and surrounding area. The City, through this process, will strive to achieve the following objectives: * To promote development of infrastructure facilities that will provide the City with maximum services; and, 2.5 DISCRETIONARYACTIONS A discretionary action is an action taken by a government agency (for this project the government agency is the City of La Quinta) that calls for the exercise of judgment in deciding whether to approve a project. The proposed monopole will require the following specific discretionary approvals from the La Quinta Planning Commission and the La Quinta City Council: Approval of a Conditional Use Permit- The proposed project will be required to obtain through the public hearing process, an approved Conditional Use Permit prior to installation of the monopole. Certification of an Initial Study Environmental Determination 2.6 RELATED PROJECTS 040 There are no related projects associated with this proposed monopole. The project is, however, within an existing school campus consisting of one elementary school, one middle school, a preschool, the Boys and Girls Club, and athletic fields. SECTION 3: ENVIRONMENTAL ASSESSMENT This section analyzes the potential environmental impacts associated with the construction and subsequent operation of the proposed AirTouch Cellular monopole. The fifteen CEQA issue areas evaluated in this Initial Study include the following: * Land Use and Planning * Population and Housing * Earth Resources * Water and Hydrology * Air Quality * Transportation/Circulation * Biological Resources * Energy/Mineral Resources * Risk of Upset/Human Health * Noise * Public Services * Utilities * Aesthetics * Cultural Resources * Recreation Under each issue, the environmental setting is discussed, including a description of conditions as they presently exist within the City and the area affected by the proposed development project. There are four possible responses to the questions on the checklist: * No Impact. The proposed project will not have any measurable adverse environmental impacts. * Less Then Significant Impact. The proposed project will have the potential for impacting the environment, although this impact will be below thresholds that have been determined to be significant. * Potentially Significant Impact Unless Mitigated. The proposed project will have impacts which may exceed thresholds of significance, although mitigation measures or changes to the project will reduce these impacts to acceptable levels. * Potentially Significant Impact. The proposed project will have impacts which are considered significant and adverse and more detailed analysis is needed to identify mitigation measures that may reduce these impacts. Findings related to a statement of overriding considerations is a likely outcome of this review. Thresholds for significance are defined either by standards adopted by responsible or trustee agencies or by referring to criteria in CEQA (Appendix G). 3.1 LAND USE AND PLANNING 0 1 6 Regional Environmental Setting The City of La Quinta is located in the Coachella Valley, which is located approximately 150 miles southeast of Los Angeles and 90 miles west of the Colorado River. The valley is located in the eastern portion of Riverside County. The Coachella Valley is a part of the larger Colorado Desert and was formed by a depression of the valley floor, caused by faulting in its early geologic history. This depression created a natural trough between the surrounding mountain ranges which experienced episodic inundations of sea water and fresh water. The Salton Sea which currently exists in the Salton Sink area of the Valley, is the latest of several inundations. The valley is abundant in both plant and animal life and has topographical relief ranging from 237 feet below sea level to about 9,000 feet above sea level. The valley is surrounded by the San Jacinto, San Bernardino, Santa Rosa, and Orocopia mountains, and is bisected by the San Andreas fault. There is an average of 4 inches of rainfall per year, and summer temperatures reach into the low 100's (F); however, the valley has not always been this hot and dry. Approximately 500,00 years ago the entire area was under water as the Gulf of California over -extended this contemporary desert area. Local Environmental Setting The proposed project site is located within the central portion of the City of La Quinta. More particularly, the proposed cell site is located at the northern end of the Sports Complex athletic field, leased by the City from the Desert Sands Unified School District. The field is a grassed playing area with night lighting and chain link fencing on the perimeter. Located to the north of the project site is the La Quinta Evacuation Channel, to the east a residential and golf development (Rancho La Quinta), to the south is Avenue 50 and residential developments beyond that, and the west the evacuation channel and residential development. A. Would the project conflict with the general plan designation or zoning? No Impact. The proposed monopole site is designated as Park (P) on the La Quinta General Plan. The zoning designation is R 2-12,000. The property is within a public school campus under the jurisdiction of the Desert Sands Unified School District. Public schools and institutions may be developed irregardless of zoning or general plan designations. Similarly, communications towers and antennas may be installed in any zone with an approved conditional use permit. Thus, the zoning and land use designations on the project site are of no consequence to this proposed project. (Sources: La Quinta General Plan; La Quinta Zoning Map and Zoning Ordinance) B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? 04 7 No Impact. The City of La Quinta has jurisdiction over the proposed project. The Desert Sands Unified School District is the property owner. The City is leasing the Sports Complex from the school district. The primary environmental plans and policies related to development on site are identified in the La Quinta General Plan and Master Environmental Assessment for the City. The project is subject to the requirements of CEQA for environmental review policies. The project site is located within the La Quinta Redevelopment Area 92 which includes the northern section of the city. The redevelopment plan for the areas relies upon the General Plan to indicate the location and extent of permitted development. As a result, the proposed project is not inconsistent with the adopted Redevelopment Plan. The development envisioned for the monopole will not exceed the development standards contained in the City's General Plan and Zoning Ordinance.( Source: La Quinta General Plan, La Quinta Redevelopment Plan; Zoning Ordinance) C. Would the project affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? No Impact. No agricultural lands are located on or near the project site. The La Quinta General Plan does not contain an agricultural land use designation although there are remnant agricultural land uses extant in the southeastern portion of the City. There are no existing agricultural producing activities within or adjacent to the proposed project site. Thus, no impact on agricultural resources or operations will result from the proposed monopole. (Source: Site Visit, La Quinta MEA) D. Would the project disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? No Impact. The project site does not contain any residential uses as it is a school campus. The campus consists of school buildings, athletic fields, administrative offices, and parking lots. The proposed monopole will not create a physical barrier or division of the school campus or the community. (Source: Site Visit, application materials) 3.2 POPULATION AND HOUSING Regional Environmental Setting Between 1980 and 1990, the population of La Quinta expanded 125%, as reported by the U. S. Census Bureau, making La Quinta the second fastest growing city in the Coachella Valley. The number of city residents blossomed from 4,992 to 11,215. La Quinta's share of the entire valley population increased fro, 3.7% in 1980 to 5.1% in 1990. These figures are based upon information from the Census Bureau, the State Department of Finance, and the Coachella Valley Association of Governments (CVAG). The City's population as of January 1994 is estimated by the State Department of Finance to be 16,634 persons. This is an increase of 208% in the last ten years. In addition to 1) 8 permanent residents, the City has approximately 8,000 seasonal residents who spend three to six months in the La Quinta. It is estimated that 30% of all housing units in the City are used by seasonal residents. The average occupancy is 2.5 persons per unit. The housing stock as of 1993 is listed at 7,755 single family units, 481 multi -family units, and 247 mobile homes, for a total of 8,483 units. Ethnicity information from the 1980 Census revealed that 80.8% of the La Quinta population as Caucasian, 14.7% as Hispanic, 2.3% as Afro-American, 1.1% as Asian, and .5% as Native American. The 1990 Census shows a mix of 70% Caucasian, 26% Hispanic, 1.6% Afro-American, 1.5% Asian, and 1.0% Native American. The most current information available on employment of La Quinta residents is from the 1990 Census. At that time, almost 57% of the work force worked at white collar jobs, while 43.3% were in blue collar occupations. Among those in white collar jobs, 16.4% were professional/technical positions, 13.3% were in managerial positions, 14.4% were in clerical positions and 13.0% were in sales. For blue collar workers, 15.6% ere in crafts, 4.1% were machine operators, assemblers, and inspectors, 14.2% were in service jobs, 3.8% were laborers, and 5.6% did farm work. Major employers in La Quinta include Wal Mart, La Quinta Hotel, PGA West, Von's, Simon Motors, City of La Quinta, Albertson's, and Ralph's. Local Environmental ,Setting The project site is currently a school athletic field. There are no housing units located on or near the project site. A. Would the project cumulatively exceed official regional or local population projections? No Impact. The proposed monopole might create temporary employment during the installation and construction phase. The on -going operations of the monopole is not anticipated to create any employment. The project will be unmanned, except for monthly maintenance and service visits. (Source: Application materials) B. Would the project induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? No Impact. No employees are anticipated to be at the monopole facility except for brief monthly maintenance and inspections. The proposal is not anticipated to result in any increase in the demand for housing units in the area. C. Would the project displace existing housing, especially affordable housing? 044 E No Impact. No existing residential units are located on the project site or in the immediate area. No public funds will be expended for this project that could otherwise be used to build housing. All financing of this project is coming from private (non-public) sources. The proposed monopole would not result in the displacement or removal of any existing housing units. (Sources: Site Survey; Proposed Site Plan) 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quinta has a sloping to relatively flat topography, except for the hillside areas on the southern and western portions of the City. The City has elevations of 1,400 feet above mean sea level (msl) in the southern hillside are to a low of approximately 30 feet above msl in the northeastem section. Slopes on the valley areas of the City are gentle, with a range of 0 to 10% slope, while hillside areas on the south and southwest have slopes of 10% and greater. The alluvial soils that make up most of City are underlain by igneous -metamorphic rock, as seen in outcrops in the Santa Rosa Mountains and the Coral Reef Mountains. Soils on the valley floor are made up of very fine grain unconsolidated silty sands in most areas. Local Environmental Setting The project area is located in the eastern central portion of the City, within an existing public school campus. A review of historical aerial photographs indicates that the site has not been developed until approximately 7 years ago. According to the U.S. G. S. La Quinta 7 1/2 minute quadrangle, the site's elevation is approximately 60 feet above msl. Local relief is minimal as the parcel has been graded and developed into a school athletic field. There is a inferred fault located approximately 3,200 feet to the east of the project site, however, there has been no recorded fault activity. Thus there is a low probability for such activity. The City of La Quinta lies in a seismically active region of Southern California. Faults in the area include the San Andreas fault located several miles to the north, and two inferred faults transecting the southern section of the City. A. Would the project result in or expose people to potential impacts involving seismicity: fault rupture? Less Then Significant Impact. There are three inferred faults located within the City of La Quinta. These local faults are considered potentially active, although no seismic activity has been recorded for the last 10,000 years. A major earthquake along any of these faults would be capable of generating seismic hazards and strong groundshaking effects in La Quinta. None of the faults in La Quinta have been placed in an Alquist-Priolo Special Studies Zone. Thus, no fault rupture hazard is anticipated on the project site. (Source: Riverside County Comprehensive General Plan, City of La Quinta General Plan, La Quinta Master Environmental Assessment) B. Would the project result in or expose people to potential impacts involving seismic ground shaking? 045 10 Less Than Significant Impact. The proposed monopole site will be subject to groundshaking hazards from regional and local earthquake events. The proposed project will not in itself bring people to the site who will be subject to hazards associated with groundshaking. The Riverside County Comprehensive General Plan indicates that the project site is within Groundshaking Zone III. The proposed monopole will be installed pursuant to current seismic and FCC standards to reduce the risk of structural collapse. The monopole is required to be certified by a structural engineer that it will meet capacity and design requirements and regulations. C. Would the project result in or expose people to potential impacts involving seismicity: ground failure or liquefaction? Less Than Significant Impact. The proposed project is not anticipated to be subject to ground failure hazards from earthquake or other events. The La Quinta General Plan indicates that the project site is not within an identified liquefaction hazard area. The majority of the City has a very low liquefaction susceptibility due to the fact that ground water levels are generally at least 100 feet below the surface on these areas. D. Would the project result in or expose people to potential impacts involving seismicity: seiche or tsunami or volcanic hazard? No Impact. The City is located inland from the Pacific Ocean and would not be subjected to a tsunami. Lake Cahuilla, a man-made reservoir located in the southeast section of the City, might experience some high wave activity as a result of an earthquake and groundshaking. However, the lake is not anticipated to affect the City of La Quinta in the event of a levee failure or seiche. There is no anticipated hazard from the Coachella Valley Stormwater Channel (Whitewater River). E. Would the project result in or expose people to potential impacts involving landslides or mudslides? No Impact. The terrain within the project site is level and no hazards associated with landslides will impact the monopole. (Source: U.S.G.S. La Quinta 7 1/2 minute quadrangle; Site survey) F. Would the project result in or expose people to potential impacts involving erosion, changes in topography or unstable soil conditions from excavation, grading or fill? Less Than Significant Impact. The soils and geotechnical investigations of the site show that the site is underlain by alluvial deposits of Pleistocene age. The soil on site consists of Myoma Fine sand (MaD). This soil type is found on dunes and alluvial fans. Concha shells and oyster shell fragments are commonly found in this soil profile. Runoff is medium to slow and erosion hazards is slight. There is a moderate blowsand hazard. Water capacity ranges between 3.5 to 15 inches. The proposed monopole installation will !1 4 11 maintain the existing topography. No hazards associated with changes in topography and unstable soil conditions are expected from the monopole. Compliance with the recommendations of geotechnical studies will ensure the structural integrity of the project. (Sources: U.S.D.A. Soil Conservation Service) G. Would the project result in or expose people to potential impacts involving subsidence of the land? Less Than Significant Impact. The site is not in an area which is considered to have subsidence hazards, according to the La Quinta Master Environmental Assessment. Thus, no subsidence hazards to the monopole are expected. Soil surveys undertaken on adjacent parcels indicate that, while standard engineering procedures should be followed, there does not appear to be any risk of subsidence associated with future development of the site. (Sources: La Quinta MEA; Riverside County Comprehensive General Plan) H. Would the project result in or expose people to potential impacts involving expansive soils? Less Than Significant Impact. The underlying soil does not have a high potential for expansion. The City requires compliance with the Uniform Building Code (UBC) and the recommendations of a solid investigation report prior to issuance of a building permit. (Sources: USDA Report and General Soils Map for the Coachella Valley) L Would the project result in or expose people to potential impacts involving unique geologic or physical features? No Impact. The Coral Reef Mountains and Santa Rosa Mountains represent unique geologic features in the La Quinta area. These unique geologic and physical features are not located on or near the project site and will not be affected by the proposed monopole. The La Quinta Evacuation Channel is located to the northwest of the school campus. This is a man-made drainage channel and therefore not unique. (Sources: La Quinta Quad Map, Site Survey) 3.4 WATER Regional Environmental Setting Groundwater resources in the La Quinta area consist of a system of large aquifers (porous layers of rock material) and groundwater basins separated by bedrock or layers of soil that trap or retain groundwater. La Quinta is located above the Coachella Valley Groundwater basin. which is the major supply of water for the potable water needs of the City as well as a significant supply for the City's nonpotable water irrigation needs. Water is pumped from the underground aquifer via thirteen wells in the City that are operated by the Coachella Valley Water District (CVWD). La Quinta is located primarily in the lower Thermal Subarea of the groundwater basin. The Thermal Subarea is separated into the upper and lower valley sub -basins near Point Happy, located southwest of the intersection el 12 of Washington Street and State Highway 111, opposite the proposed project site. CVWD estimates that 19.4 million acre feet of water is stored within the Thermal Subarea which is available for use. Water pumped from the aquifer is treated to federal drinking water standards and distributed to users through the existing potable water distribution system. Water is also pumped for irrigation purposes to water golf courses from the Colorado River transported via the Coachella Canal. The quality of water in the La Quinta area is highly suitable for domestic purposes. However, chemicals associated with agricultural production in nearby areas and the use of septic tanks in the Cove area affect groundwater quality in the area. Groundwater is of marginal to poor quality at depths of less than 200 feet. Below 200 feet, water quality is generally good and water at depths of 400 to 600 feet is considered excellent. Percolation from the tributaries of the Whitewater River flowing into La Quinta from the Santa Rosa Mountains provide a natural source of groundwater replenishment. Artificial recharging of groundwater will be a requirement in the near future. Surface water in La Quinta is comprised of Colorado River water supplied via the Coachella Canal and stored in Lake Cahuilla. Lakes in private developments which are comprised of canal water and/or untreated groundwater, and the Whitewater River and it's tributaries. The watersheds in La Quinta are subject to intense storms of short duration which result in substantial runoff. The steep gradient of the Santa Rosa Mountains accelerates the runoff flowing in the intermittent streams that drain the mountain watersheds. Local Environmental Vetting The project site does not have any standing surface water on it. The nearest stand of water is Lake Cahuilla and neighboring golf course lakes. The La Quinta Evacuation Channel is located nearby to the north and west of the monopole site. The channel is dry except during seasonal storms. The City has limited areas which are subject to storm water flow or flooding. Flood prone areas within the City are designated with a specific zoning district (Watercourse, Watershed and Conservation Areas, W-1). The intent of the zoning district is to allow development in flood prone areas based upon the submittal of a drainage and stormwater control plan. The City also implements flood hazard regulations for development within flood prone areas. A. Would the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Less Than Significant Impact. The proposed monopole site plan indicates that the athletic field is grassed or turfed and that the only pavement will be the foundation for the equipment building and the footings for the monopole. There are no planned walkways or other type of pavement. Thus, the absorption rate and drainage patterns will not be �4S 13 affected significantly. Storm water is directed into the La Quinta Evacuation Channel to the north and west of the monopole site. B. Would the project result in exposure of people or property to water -related hazards such as flooding? No Impact. The site is within the X designated flood hazard area. The X zone includes those areas that are outside the 500-year flood plain. The project site is also outside of the 100-year flood plain. The site is protected by the La Quinta Evacuation Channel. (Source: La Quinta MEA; Site survey) C. Would the project result in discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? No Impact. Runoff on the monopole site will be directed toward the La Quinta Evacuation Channel. Since the site is grassed, there will considerable absorption of stormwaters. D. Would the project result in changes in the amount of surface water in any water body? No Impact. Although a slight increase in runoff will occur with the project, this increase is not expected to be a significant amount of surface water. The size of the project represents a tiny portion of the drainage tributary area for the City. E. Would the project result in changes in the amount of surface water in any water body? No Impact. The City of La Quinta does not have any substantial bodies of water or rivers. The Coachella Valley Stormwater Channel is located north of Highway I I I and the La Quinta Evacuation Channel is located immediately north and west of the proposed monopole project. These two facilities accept and guide storm water runoff within and out of the City. The Coachella Valley Water District maintains these facilities. F. Would the project result in changes in the quantity of groundwaters, either through direct additions or withdrawl, or through interception of an aquifer by cuts or by excavations? No Impact. Water supply in the City is derived from groundwaters and supplementary water brought in from the Colorado River. The Anticipated water consumption for the proposed project is minimal; that necessary for the construction phase and irrigation of proposed shrubs around the equipment building. G. Would the project result in altered direction or rate of flow of groundwater? 04 9 14 No Impact. The proposed monopole will have no groundwater wells on site that might impact the groundwater. The water consumption anticipated from the proposed project is not expected to require any pumping of groundwater resources during the on -going operation of the monopole. (Source: Proposed site plan) H. Would the project result in impacts to groundwater quality? No Impact. The project site is currently grassed athletic field. Storm runoff will continue to be absorbed into the ground as it is now, with any excess to drain into the La Quinta Evacuation Channel. 3.5 AIR QUALITY Regional Environmental Setting The Coachella Valley, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD), is in the SEDAB which has a distinctly different air pollution problem than the South Coast Air Basin. The SEDAB is not classified as an extreme non -attainment area for ozone and therefore, the District has not changed the significance thresholds for the Coachella Valley from the 1987 version of the SCAQMD Handbook. A discussion of the jurisdictional organization and requirements is found in the La Quinta MEA (1992). The air quality in the Southern California region has historically been poor due to the topography. Currently, the SEDAB does not meet federal standards for ozone, carbon monoxide, or particulate matter. In the Coachella Valley, the standards for PM-10 is frequently exceeded. PM-10 is particulate matter 10 microns or less in diameter that becomes suspended in the air due to winds, grading activity on construction sites, and by vehicles driving on unpaved roads, among other causes. Local Environmental Setting The City of La Quinta is located in the Coachella Valley, which has an and climate, characterized by hot summers, mild winters, infrequent and low annual rainfall, and low humidity. Variations in rainfall, temperatures, and localized winds occur throughout the valley due to the presence of the surrounding mountains. Air quality conditions are closely tied to the prevailing meteorology of the region. The City is subject to the SCAQMD Air Quality Management Plan (AQMP), a plan which describes measures designed to bring the SCAB into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The General Plan for the City of La Quinta contains an Air Quality Element outlining mitigation measures as required by the Regional Air Quality Management Plan. The City is located within Source Receptor Area (SRA) 30, which includes two air quality monitoring stations, one located in the City of Palm Springs and one in the City of Indio. The Indio station monitors conditions which are most representative of the La Quinta area and has been collecting data for ozone and particulate since 1983. The Palm Springs station monitors carbon monoxide in addition to ozone and particulates and has been in operation since 1985. A. Would the project violate any air quality standard or contribute to an existing or projected air quality violation? No Impact. There are no pollutants anticipated from the on -going operation of the monopole and equipment building. The antennas that will be attached to the monopole are microwave and cellular array types of antennas which do not emit by-products that would impact the air quality. B. Would the project expose sensitive receptors to pollutants? No Impact. Sensitive Receptor Land Uses include schools, day care centers, parks and recreation areas, medical facilities, rest homes, and other land uses that include concentrations of individuals recognized as exhibiting particular sensitivity to air pollution. There are sensitive receptors on the project site area. There are two public schools, a YMCA day care facility, the Boys and Girls' Club, and the Sports Complex athletic field that serves as a park and recreation area. There is no evidence that the type of proposed antennas for the monopole will have any hazardous emissions or pollutants. (Source: Site Survey) C. Would the project alter air movements, moisture, or temperature, or cause any change in climate? No Impact. The proposed project will consist of a 100-foot high steel monopole with 18 foot high whip antennas on the top of the monopole. The profile of the monopole will not impede air movements or cause any sort of climatic change. D. Would the project create objectionable odors? No Impact. The proposed project will not create any odors as there will be no emissions. 3.6 TRANSPORTATION/CIRCULATION Regional Environmental Setting La Quinta is a desert community of over 16,000 permanent residents. The City is 31.18 square miles in size, with substantial room for development. The existing circulation system serves development in four general areas, primarily single-family detached residential uses north of the Coachella Valley Stormwater Channel, golf course and gated single-family residential communities in the vicinity of the La Quinta Hotel; a mix of medium density single-family detached uses and office and retail uses in the Cove and Village areas; and a mix of attached and detached single-family and golf course uses in PGA West, located south of Avenue 54. 051 M, The La Quinta roadway system consists of State Highway 111, which runs east -west and divides the city north -south, major, primary and secondary arterial streets as well as a system of local and collector streets. Key roadways in the City include Highway 111, Washington Street, Jefferson Street, Fred Waring Drive, and Eisenhower Drive. Traffic volumes in La Quinta experience considerable seasonal variation, with the late - winter, early -spring months representing the peak tourist season and highest traffic volume periods. High traffic volumes and out -dated geometrics contribute to the relatively high incidence of automobile accidents at the intersection of Washington Street and Highway 111. Existing transit service in La Quinta is limited to three regional fixed -route bus routes operated by Sunline Transit Agency. One route along Washington Street connects the Cove and Village areas with the community of Palm Desert to the west of the City. Two lines operate along Highway I I I serving trips between La Quinta and other communities in the Coachella Valley. There are some existing pedestrian, bicycle and equestrian facilities in La Quinta, however, these systems are to be developed as the City grows. Local Environmental. Setting The proposed project is located east of Washington Street and north of Avenue 50. Specifically, the project is located within a public school campus on an existing athletic field. The field is leased by the City of La Quinta to serve as ball fields for the community. The school campus is accessed by a collector street (Park Avenue) which almost bisects the campus. There is a traffic signal at the intersection of Avenue 50 and Park Avenue to control traffic. A. Would the project result in increased vehicle trips or traffic congestion? No Impact. The proposed monopole project will not result in any vehicular trips except for monthly maintenance by one employee. (Source: Application materials) B. Would the project result in hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? No Impact. The proposed monopole will not include any new roadways or any modification to existing roadways. No other landscape equipment, such as mowers, will be required for the monopole project, than what is currently being used by the City of La Quinta. C. Would the project result in inadequate emergency access or access to nearby uses? 9 s_J 17 No Impact. The proposed project will not obstruct emergency access to the school campus or the surrounding area. (Source: Project site plan) D. Would the project result in insufficient parking capacity on -site or off -site? No Impact. The parking needs for this project consist of space for one maintenance vehicle. Parking space currently exists and satisfies this requirement. No further mitigation is required on this issue. ( Source: Site plan; site survey) E. Would the project result in hazards or barriers for pedestrians or bicyclists? No Impact. The project site is within an existing athletic field. Pedestrian walkways do not currently exist in the area of the project site. Bicycle pathways do not exist in the area of the project, therefore there will be no impact to these issues. (Source: Site plan; site survey) F. Would the project result in conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks). No Impact. The project will not conflict with alternative transportation policies as the monopole will not involve any form of transportation. G. Would the project result in rail, waterborne or air traffic impacts? No Impact. There are no railroads, navigable rivers, or air travel lanes within the City of La Quinta, thus there will be no adverse impacts. (Source: USGS Quadrangle; Site Survey) 3.7 BIOLOGICAL RESOURCES Regional Environmental Setting The City of La Quinta lies within the Colorado Desert. Two ecosystems are found within the City, the Sonoran Desert Scrub and the Desert Transition. The disturbed environments within the City are classified as urban and agricultural. A discussion of these ecosystems is found in the La Quinta Master Environmental Assessment (1992). Local Environmental Setting The project site is located in the Sonoran Desert Scrub ecosystem Typically undeveloped land within this ecosystem is rich in biological resources and habitat. This ecosystem is commonly found in the Coachella Valley. It is generally described as containing plants which have the ability to economize water, go dormant during periods of drought, or both. Cacti are very common in these areas due to their ability to store water. Other plants root deeply and draw upon water from considerable depths. 18 The Sonoran Desert Scrub is provides habitat for a number of small animals. These animals escape the summer heat through their nocturnal and/or burrowing tendencies. Squirrels, mice and rats are all common rodent species in the ecosystem The black -tailed hare is a typical mammal. Predator species include kit fox, coyote, and mountain lion in the higher elevations. The largest mammal species found in this area is the Peninsular Big Horn Sheep which is found at the higher elevations of the Santa Rosa and San Jacinto Mountain ranges. Birds and amphibians/reptiles can also be found in the Sonora Scrub area. The proposed project site is a developed school campus athletic field. The site has been disturbed as a result of the campus development. Thus, there is no remaining habitat for the biological resources. The monopole will then not adversely impact the site as the site has already been developed. A. Would the project result in impacts to endangered, threatened or rare species or their habitats (including but not limited to plants, fish, animals, and birds)? No Impact. The project site is located in an area that has been previously developed with a school campus. There will be no impacts to endangered, threatened, or rare species of either plants or animals. B. Would the project result in impacts to locally designated species (e.g. heritage trees)? No Impact. There are no locally designated biological resources within the City of La Quinta. All significant biological resources are designated by the California Department of Fish and Game or the U.S. Fish and Wildlife Service. (Sources: La Quinta MEA; Site Survey) C. Would the project result in impacts to locally designated natural communities (e.g. oak forest, coastal habitat, etc)? No Impact. There are no locally designated natural communities found on or near the project site. The project site has been previously developed, thus there are no existing biological resources of local significance on the property. (Source: La Quinta MEA; Site Survey) D. Would the project result in impacts to wetlands habitat (e.g. marsh, riparian, and vernal pool)? No Impact. There are no wetlands, marches, riparian communities, or vernal pools on the proposed project site or nearby. Thus, there is no adverse impact to these issue areas. (Source: La Quinta MEA; Site Survey) eJ 19 E. Would the project result in impacts to wildlife dispersal or migration corridors? No Impact. There are no wildlife corridors within the project area. The La Quinta Evacuation Channel that is located to the north and west of the school campus could be used as a corridor for wildlife. However, the proposed monopole will not be located close enough to create any type of disturbance or impact to the channel. (Source: Site Plan; Site Survey) 3.8 ENERGY AND MINERAL RESOURCES Regional Environmental Setting The City of La Quinta contains both insignificant and significant Mineral Aggregate Resource Areas (SMARA), as designated by the State Department of Conservation. There are no known oil resources in the City. Major energy resources used in the City come from the energy sources of the Imperial Irrigation District, the Southern California Gas Company, and gasoline companies. Local Environmental Setting There are no oil wells or other fuel or energy producing resources on the proposed project site. The site is a developed school campus athletic field, and any natural resources have either been covered over or destroyed during the development of the school. A. Would the project conflict with adopted energy conservation plans? No Impact. The City of La Quinta does not have an adopted energy plan. However, the City does have a Transportation Demand Management Ordinance in place that focuses on the conservation of fuel. The proposed monopole will be required to meet the standards and requirements of the Federal Communications Commission and certified design standards during its construction and on -going operation. No other mitigation is required for this issue. B. Would the project use non-renewable resources in a wasteful and inefficient manner? No Impact. The monopole will be made of steel. The equipment building will be constructed of concrete and concrete brick. Natural resources that may be used by this project include air, mineral, water, sand and gravel, timber, energy, and other resources needed for construction. The size of the equipment building and the monopole indicates that resources needed for their construction are not going to be significant. Operation of the monopole will increase the demand for energy but the project is not expected to consume energy in a wasteful manner. Any landscaping will be required to comply with the landscape water conservation ordinance and those requirements of the Coachella Valley Water District. 019 FM 3.9 RISK OF UPSET/HUMAN HEALTH Regional Environmental Setting Recent growth pressures have dramatically increased the City's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in food, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not located in La Quinta, the existence of chemicals utilized in dry cleaning operations, agricultural operations, restaurant kitchen cleaning, landscape irrigation and exposure to large scale electrical facilities may pose significant threats to various sectors of the population. Currently, there are no hazardous disposal waste sites located in Riverside County, although transportation of such materials out of and around La Quinta takes place. Local Environmental Setting In order to comply with AB 2948, "Hazardous Waste: Management Plans and Facility Siting Procedures", the City of La Quinta adopted Ordinance 184 consisting of a Hazardous Waste Management Plan. A. Would the project involve a risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? Less Than Significant Impact. There is little risk of accidental explosion of the monopole, its antennas, or from the equipment building. The identified potential risks of upset associated with the installation of commercial communications towers and related structures includes tower failure and biological effects from potential radiation emissions. Tower failure is addressed in the City's Tower Ordinance through the required setbacks from habitable structures. The ordnance requires that the setback be height of the tower plus 25 feet as a safety margin. The proposed tower would require a setback of 143 feet to meet this standard. There are no habitable structures within 143 feet of the tower. The proposed monopole will be required to comply with the UBC and other requirements for structural integrity and installation. Any related equipment structures will also be required to comply with all applicable building codes. Microwave antennas emit nonionizing electromagnetic radiation (NIER). These emissions are under the strict control of the FCC and the American National Standards Institute (ANSI) NIER sources are those frequencies in the lower two-thirds of the electromagnetic spectrum and include all radio, television, and microwave frequencies as well as ordinary household current and radar. NIER is distinguished from ionizing electromagnetic radiation (IER) - cosmic, atomic, and Xray, by its lack of energy to ionize or alter the molecular structure of living tissue. Although the short-term and long-term damage to humans resulting from exposure to even low levels of IER is well documented, potential health hazards associated with some NIER exposure is a subject of controversy among health scientists. The FCC states that 21 measurements have shown that ground -level power densities recommended due to microwave directional antennas are normally a thousand times or more below recommended safety limits. The FCC now uses the ANSI protection guide for purposes of evaluating environmental impact from the radio frequencies ranging from 300kHz to 100ghz. Data shows that the human body absorbs radio frequency energy at some frequencies more efficiently than at others. The most restrictive limits are in the range of 30 to 300 Mhz where maximum levels of 1 mW/cm squared as averaged over any six minute period of exposure, are recommended. This recommendation is based on a determination that the threshold for hazardous biological effects was approximately 4 watts per kilogram (4 W/kg). A safety factor of 10 was then incorporated to arrive at the final recommended protection guidelines. The City's tower ordinance incorporates these protection guidelines. (Source: FCC; ANSI; Tower Ordinance) As mitigation the applicant is required to submit to the City certified documents stating that all equipment complies with the FCC and ANSI standards for radio frequencies. B. Would the project involve possible interference with an emergency response plan or emergency evacuation plan? No Impact. Construction activities will be confined to the proposed site and on site operations will not interfere with emergency responses to the site or surrounding areas nor will it obstruct emergency evacuation of the area. (Source: Site Plan) C. Would the project involve the creation of any health hazard or potential health hazards? Less Than Significant Impact. It is not anticipated that the proposed monopole will create any type of health hazard. The risk of tower failure is expected to be minute due to stringent design and structural requirements that must be certified by a certified structural engineer. NIER emissions are focused in their direction and are only hazardous if one is in direct contact with the microwave dish for a period of time. The microwave dishes will be placed near the top of the 100-foot high tower, and will not be accessible to school children or the general public. (Source: FCC, ANSI) D. Would the project involve exposure of people to existing sources of potential health hazards? No Impact. There are no identified existing sources of potential health hazards on the Sports Complex field. (Source: Site Survey) E. Would the proposal involve increased fire hazard in areas with flammable brush, grass, or trees? 22 No Impact. The project site is a grassed athletic field that is regularly maintained. There appears to be no fire hazards present on the site. It is not anticipated that there will be any fire hazards resulting from the monopole or the equipment structure. 3.10 NOISE Regional Environmental Setting Noise levels in the City of La Quinta are created by a variety if sources in and near the City. The major sources include vehicular noise on City streets and Highway 111, and temporary construction noise. The ambient noise levels are dominated by vehicular noise along the highway and major arterials in the City. Local Environmental Setting The ambient noise level at the proposed project site is dominated by vehicle traffic noise from Avenue 50 and Park Avenue. Residential areas and schools are considered noise -sensitive land uses, especially during the nighttime hours. The nearest residential use to the project site is approximately 500 feet to the south of Avenue 50, and approximately 700 feet to the northwest across the evacuation channel. No noise is anticipated to be emitted from the monopole, the antennas, or the equipment building. (Source: Site Plan; Application materials) A. Would the project result in increases in existing noise levels? No Impact. No noise, other than temporary construction noise, is anticipated from the proposed project. The antennas and microwave dishes do not create any noise. B. Would the project result in exposure of people to severe noise levels? No Impact. The proposed monopole and antennas will not emit any audible noise, thus there will not be any severe noise. 3.11 PUBLIC SERVICES Regional Environmental Setting Law enforcement services are provided to the City through a contract with the Riverside County Sheriff Department. The Sheriff Department extends service to the City from existing facilities located in the City of Indio. The Sheriffs Department utilizes a planning standard of 1.5 deputies/1,000 population to forecast additional public safety personnel requirements in the City at buildout. Based on this standard, the City is currently underserved. Fire protection service is provided to the City by the Riverside County Fire Department. The Fire Department administers two stations in the City; Station #32 on Avenue 52, west of Washington Street; and Station #70 southwest of the intersection of Madison Street 23 and Avenue 54. The Fire Department is also responsible for building and business inspections, plan review and construction inspections. Based upon a planning standard of one paid firefighter/1,000 population, the City is currently underserved. The Fire Department has indicated that a need exists for a third fire station in the northern part of the City between Washington Street and Jefferson Street. However, no time period has been set for the construction of this new facility. Structural fires and fires from other man-made features are the most significant fire threats to the City. Hillside and brush fires are minimal as the hillside areas are barren and scattered brush on the valley floor is too sparse to pose a serious fire hazard. Desert Sands Unified School District and the Coachella Valley Unified School District serve the City of La Quinta. There is one elementary school, one junior high school, and one high school within the City. The City is also within the College of the Desert Community College District. Library services are provided by the Riverside County Library System with a branch library located in the Village area of La Quinta. The existing facility opened in 1988 and contains 2,065 square feet of space and approximately 18,000 volumes. The County utilizes unadopted planning standards of 0.5 square feet per capita and 1.2 volumes per capita to forecast future facility requirements to serve the City. Utilizing this standard, in 1992, the City was underserved in space but overserved in terms of volumes. Health care services are provided in the City through JFK Memorial Hospital in Indio and the Eisenhower Immediate Care Facility located in the Plaza La Quinta Shopping Center. The Eisenhower Immediate Care Center is a satellite clinic of Eisenhower Medical Center, located in Rancho Mirage. The Riverside County Health Department administers a variety of Health programs for area residents and is located in Indio. Paramedic service is provided to the City by Springs Ambulance Service. Local Environmental Setting The nearest fire station to the project site is Station #32 approximately 3/4 of a mile southwest. Governmental services in La Quinta are provided by city staff at the Civic Center and by other county, state, and federal agency offices in the desert area. A. Would the project have an effect upon, or result in , a need for new or altered governmental services in relation to fire protection? Less Than Significant Impact. The proposed project will increase fire protection requirements due to the construction of a building on the perimeter of the athletic field. The monopole will be made of steel and the proposed antennas will also be constructed of metal, thus there is minimal fire hazard associated with those items. The equipment building will be constructed of brick, and will also have a minimal fire hazard potential. (Source: Site Plan) 05 P B. Would the project have an effect upon, or result in, a need for new or altered government services in relation to police protection? No Impact. The Riverside County Sheriffs Department was given the opportunity to review and comment on the proposed project. It is not anticipated that there will be any adverse impact upon police protection services from the proposed monopole project. C. Would the project have an effect upon, or result in a need for new or altered government services in relation to school services? No Impact. There will be minimal governmental services required for the monopole project. There will be no employees on site that will require any type of services. School impact fees will help reduce potential impacts to the Desert Sands Unified School District. D. Would the project have an effect upon, or result in a need for new or altered government services in relation to the maintenance of public facilities, including roads? No Impact. There will be no new roadways constructed for this project. There is an existing road, Park Avenue, as well as internal service roads within the school campus that will provide the needed access for the monopole. E. Would the project have an effect upon, or result in a need for new or altered government services in relation to other government services? Less Than Significant Impact. Building and safety, engineering, planning, and environmental services needed for the project will be offset by permit and application fees charged to the project applicant. 3.12 UTILITIES Regional Environmental Setting The City of La Quinta is served by the Imperial Irrigation District (IID) for power supply and the Southern California Gas Company (SCGC) for natural gas service. Existing power and gas lines and substations are found throughout the City. RID has four substations in La Quinta, with electricity generated by a steam plant in El Centro and hydroelectric power generated by the All American Canal facilities. General Telephone Exchange (GTE) provides telephone services in the City. Colony Cablevision serves the City with cable television service. CVWD provides water service. The water district obtains it water from underground aquifers and from the Colorado River. CVWD operates a water system with potable water pumped from 13 wells in the City. The wells range in depth from 500 to 900 feet. Potable eater is stored in five reservoirs within the City. Sanitary sewage is also collected and treated by CVWD. Local Environmental Setting All utilities are existing and available on the school campus. A. Would the project result in a need for new systems, or substantial alteration to power and gas services? No Impact. Electricity and gas lines are existing and available on the project site. It is not anticipated that the project will require natural gas service. B. Would the project result in a need for new systems, or substantial alteration to communication systems? No Impact. The proposed project is a link in a communications system for cellular telephone service offered by AirTouch Cellular. The proposed project will not have any impact upon the existing communication services on or adjacent to the site. C. Would the project result in a need for new systems, or substantial alteration to local or regional water treatment or distribution facilities? No Impact. The proposed project will require minimal water service and no sanitary sewer service will be required as there will not be a restore in the equipment building. D. Would the project result in a need for new systems, or substantial alterations to sewer services or septic tanks? No Impact. The monopole project will not require sewer or septic hook up as there will be no restore or kitchen facilities. E. Would the project result in a need for new systems, or substantial alterations to storm water drainage? No Impact. The proposed monopole project will impact the existing drainage pattern only minimally. The project site drains into the La Quinta Evacuation Channel. F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? No Impact. The project will require solid waste disposal services. 3.13 AESTHETICS Regional Environmental Setting The City of La Quinta is partially located within a desert valley cove, with hillsides on the west and south. Views of the desert and surrounding mountains are visible on clear days throughout most of the City. 0 6.1 26 Local Environmental Setting The project site is located in a public school campus that is surrounded by residential development, and the La Quinta Evacuation Channel at the northwest. Housing consists of one and two story homes. There are no high-rise buildings in La Quinta. The Sports Complex currently has field lighting mounted on light standards around the field. This lighting has been in use for several years. A. Would the project affect a scenic vista or scenic highway? Less Than Significant Impact. There are no scenic highways near the proposed project site. The project is, however, within the range of Viewshed No. 2, as indicated in the La Quinta MEA. This viewshed is both a distinctive type with a high sensitivity and an attractive type with a moderate sensitivity. The project site is approximately 3/4 of a mile from where the viewshed emanates. The school campus currently impacts this viewshed with the existing light standards on the athletic field. The proposed monopole will not add significantly to the already impacted scenic vista. B. Would the project have a demonstrable negative aesthetic effect? Less Than Significant Impact. The applicant has prepared exhibits which demonstrate what the proposed monopole will look like if it is installed on the school site. The monopole appears to blend in with the other existing light standards. C. Would the project create light or glare? Less Than Significant Impact. The proposed monopole will have attached to it the existing field lights that are currently on one of the light standards on the field. Therefore, there will not be any additional light or glare than that currently existing. 3.14 CULTURAL RESOURCES Regional Environmental Setting The history of La Quinta extends back to an era when much of the Coachella Valley was inundated by ancient Lake Cahuilla. Early inhabitants of the Colorado Desert were people who had migrated across the Bering Strait more than 20,000 years ago. As their migration progressed, they passed through the Colorado Desert on their way to Central America and the Southwest. As time passed, the Coachella Valley became the home of a band of people that have come to be known as the Cahuilla. The Cahuilla followed a hunting and gathering life style as they lived along the ancient lakeshore and desert cove areas in the valley. Evidence of their prehistoric existence is found in the numerous archaeological sites throughout the valley. The Cahuilla still live in the Coachella Valley. 27 The most likely locations of prehistoric cultural resources in La Quinta are along the foot of the Santa Rosa and Coral Reef Mountains. However, recent archaeological investigations in the northern portion of the City have resulted in many archaeological sites being discovered with cultural deposits at depths of 10 to 13 feet. Temporary campsites can be found near game trails, springs, mesquite groves, grass stands, bedrock outcrops near food or water resources, one marshy areas, or along the ancient shore line. The settling of La Quinta has been chronicled by the La Quinta Historical Society in several publications. There are 13 recognized historical structures and sites recorded on the California Historic Resources Inventory. These resources are listed in the La Quinta General Plan. The City has a recently formed Historic Preservation Commission, the purview of which includes prehistoric and historic resources. The City Of La Quinta is a Certified Local Government (CLG) with the State Office of Historic Preservation and the National Park Service. Local Environmental Setting There are numerous prehistoric archaeological sites within a two mile radius of the proposed project site. There are no known sites extant on the project site. Prior to development of the campus, there were prehistoric sites on the property. However, these sites were fully mitigated prior to development of the campus. The project site is fully developed as an athletic field. It is possible that there could be subsurface cultural deposits on or near the project site, however it is not probable since the school campus was fully graded and disturbed during it development. The recommended mitigation consists of monitoring of all grading and trenching activities by a qualified archaeologist. A. Would the project disturb paleontological resources? No Impact. Paleontological resources are confined to the ancient lakebed of Lake Cahuilla. A lakebed delineation study was prepared for the entire Coachella Valley. The proposed project site is not within the lakebed. Thus, it is not anticipated that there will be any impact upon paleontological resources. (Source: PGA West Lakebed Delineation Map) B. Would the project disturb archaeological resources? Less Than Significant Impact. Prior to the development of the school campus, there were several archaeological sites discovered on the campus property. These sites were mitigated prior to construction of the school campus. However, it is possible that additional archaeological resources are present subsurface. In order to mitigate this possibility, the project will be conditioned to require archaeological monitoring during the excavation of the monopole footing(s) and those of the equipment structure and cable run. �p691 28 The monitoring shall be done by a professionally -qualified archaeologist acceptable to the Community Development Department, following accepted professional standards and the policies of the City of La Quinta. C. Would the project affect historical resources? No Impact. There are no known historical resources located on the project site. D. Would the project have the potential to cause a physical change which would affect unique ethnic cultural values? No Impact. The project site does not represent an ethnic cultural values and development of the monopole will not affect any ethnic cultural value. E. Would the project restrict existing religious or sacred uses within the potential impact area? No Impact. There are no religious uses or sacred uses known of on the project site that may be affected by the proposed project. There are no churches within 500 feet of the proposed site. (Source: Site Survey) 3.15 RECREATION Regional Environmental Setting The City of La Quinta has an adopted Parks and Recreation Master Plan that assess the existing resources and facilities and the future needs of the City. The City has approximately 28.7 acres of developed parkland for Quimby Act purposes. The 845 acre regional Lake Cahuilla County Park is not included in this count. There are also bike and hiking paths, and equestrian trails within the City. Local Environmental Setting The project site is a developed school athletic ball field with baseball diamonds, a batting cage, and tract facilities. A. Would the project increase the demand for neighborhood or regional parks or other recreational facilities? No Impact. The installation of the monopole and equipment building will not result in any employee on site, except for monthly inspections and maintenance visits by existing AirTouch Cellular employees. Thus, there will no impact to existing park facilities. B. Would the project affect existing recreational opportunities? 0 G 4 29 No Impact. The proposed project will not replace nor provide a recreational opportunity in the City. The monopole will be located at the periphery of an existing ball field and will replace an existing light standard. Thus, there will be no interruption of the existing activities or opportunities for recreational uses. (Source: Site Plan) SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE The Initial Study for the proposed monopole indicates that the project will not have a potential significant adverse impact on the environment and the issues addressed in the checklist. Some of the issue area will require mitigation measures in order lessen their significance and meet legal and regulatory requirements. A mitigation monitoring plan will be prepared for the project that will become attached to the Conditions of Approval for the project. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines and on the results of this environmental assessment: * The proposed monopole project will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. * The proposed monopole project will not have the potential to achieve short term goals to the disadvantage of long term goals, with the successful implementation of mitigation. * The proposed monopole project will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity. * The proposed monopole project will not have environmental effects that will adversely affect human health, either directly or indirectly, with the implementation of mitigation measures. SECTION 5: EARLIER ANALYSES A. Earlier Analyses Used. 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J N a -1 N r C H mo o Nis N� La rD rD a. s �• -o r fi ho n O 0)(D =. �• fD 0 m �z N O J. ^f O J J VI •� C+ J. m O O � ca I SL 0 � J. 0) fi < La J. C+ J. cD o (D O CD O 1. V/ j 0 � • a o (D c+ M �l<=0 r+ C-+ -S �z H Ln C:) 'X �� 7 (DN z O cD C+ O c+ M - 1 r 0-4 zo� a a_ (D N S'< G y SL 'S -S -'• (D Cri < -.• tD O C� fL n N OJ CD�a a O J. --A F.•i dz d a ►�mc�n ® W f- fD A �7 .o m (D. c z Cr z s 2 C+ wN o0 xo z �y z c� a da z a ATTACHMENT 6 COACHELLA VALLEY POWER DIVISION 81-600 AVENUE 58 • P.O.BOX 1080 *LA QUINTA, CALIFORNIA 92253-1080 TELEPHONE (619) 398-5811 • FAX (619) 398.5848 IIDPD-DDC April 17, 1995 .: APR 2 6 1995 Ms. Leslie Mouriquand City of La Quintav- 78-495 Calle Tampico La Quinta, CA 92253 Dear Ms. Mouriquand: RE: Airtouch Cellular, Conditional Use Permit 95-019 Located at 78-900 Avenue 50 Review of your plans has concluded the Airtouch Cellular communications facility will impact electric service to the area. The cumulative impact of projects of this size increase the electrical demand on Imperial Irrigation District's (IID's) system. These demands impact existing facilities at peak loading periods, and result in the need for additional generation, transmission, substation, and distribution facilities. This added demand may also directly affect power rates in the IID's service area, possibly resulting in higher electric rates in future years. Should you have other questions, please contact me at (619) 398-5854 or John Salas at 398-5834. Sincerely, ENRIQUE DE LEON Assistant Engineer EDL:rg cc: John Salas VERSIDE COUNTY ERRY D. SMITH, SHERIFF 1 , 82-695 DR. CARREON BLVD. - INDIO, CA 92201 - (619) 863-8990 April 5, 1995 City of La Quinta Community Development Department 78-495 Calle Tampico La Quanta CA 92253 Attention: Leslie Mouriquand Associate Planner RE: Conditional Use Permit #95-019 Dear Ms. Mouriquand: The Sheriffs Department has no comment regarding the above permit. Sincerely, LARRY D. SMITH, SHERIFF Ronald F. Dye, Captai> Indio Station Commander LS:RD:gt DATE: rc-�y �3n-,, T4ty/ 4 4 " 78495 CALLE TAMPICO — LA DUINTA, CALIFORNIA 92253 - (619) 777-7001 FAX (619)-777-710 FROM: COMMUNITY DEVELOPMENT DEPARTMENT xCity Manager _Waste Management Principal YPublic Works Department US Postal Service Planner ,Building & Safety General Telephone 7 YAssociate Parks & Recreation _Colony Cable Planner Fire Marshal Sunline Transit Associate Chamber of Commerce _Caltrans (District II) Planner Nmperial Irrigation District _Agricultural Commission 4planning outhern California Gas CV Archaeological Society Director LDesert.Sands School District _BIA - Desert Council CV Unified School District _City of Indio/Indian Wells �CV Water District _CV Mountain Conservancy _CV Recreation & Parks Riverside County: ASheriffs Department _Planning Department XEnvironmental Heald LA QUINTA CASE NO(S):�` on A 14 10 i,\0 � (� -' n pr! r MA- GS I % a I �4 o �e 1 PROJECT DESCRIPTION: 100 . + 4 arr,aTs,, fie PROJECT LOCATION: ri s Co or) ,-) le, ,y - 9 r^ D A t,, e, n u Lt 14 -C:Z The City of La Quinta Development Review Committee is conducting an initial environmental study pursuant to the Calif Environmental Quality Act (CEQA) for the above referenced project(s). Attach�c� is the information submitted by the pi proponent. 614 e7 - a 9 7 I v 00, 44, 44 Your comments are requested with respect to: '.'0" 1. Physical impacts the project presents on public resources, facilities, a /� 2. Recommended conditions: a) that you or your agency believe would mitigate any poteiia adverse effects; b) or should to the project design; c) or improvements to satisfy other regulations and concerns which your agency is responsibl 3. If you find that the identified impacts will have significant adverse effects on the environment which cannot be av through conditions, please recommend the scope and focus of additional study(ies) which may be helpful. Please send your response by - o-1 / a (f_ / ,?Z . You are invited to attend the DEVELOPMENT REI COMMITTEE meeting at La Quints City Hall: Date:_ 7—)5A /7e r7 t Co eN gam z Time: Contact Person: ��" i %�OGl�/�U G/IC� Title:,.: a�� PtCr/,7/2 ell, Comments made by. Title: Date: Phone: Agency/Division: MAILING ADDRESS - P.O. BOX 15o4 - LA DUINTA, CALIFORNIA 92253 r� Qamm DATE: I! 1 C� rG�_:�� I 4J 4 4a 78.495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619)-777-7101 FROM: COMMUNITY DEVELOPMENT DEPARTMENI- City Manager Waste Management Principal .,Public Works Department +US Postal Service Planner ,,•Building & Safety —US Telephone Associate Parks & Recreation Colony Cable Planner Fire Marshal —Sunline Transit AAssociate Chamber of Commerce _Caltrans (District II) Planner ~Imperial Irrigation District `Agricultural Commission. „Planning Southern California Gas CV Archaeological Society Director E &Desert Sands School District —BIA - Desert Council _CV Unified School District —City of Indio/Indian Wells MAR 3 i995 % XCV Water District _CV Mountain Conservancy _CV Recreation & Parks Riverside County: Sheriffs Department Planning Department Environmental Health LA QUINTA CASE NO(S):L ii I►,« ! �� r �n �-t A1c C ctc e l PROJECT DESCRIPTION: 10C -(Fe-t n-)a At = J a w L-E 1'1,. 3 r, e- I sx-1 It r C rlie nnek Gc' rr c> ►-n C r, c cz- a k, e s C 3 S o w r-l_ PROJECT LOCATION: ,� (� i 1� u S►� c^ r i F 7 S�C 4 k-,, c. n c_i , G ' ri le t r7C'-C 10 The City of La Quinta Development Review Committee is conducting an initial environmental study pursuant to the Califo Environmental Quality Act (CEQA) for the above referenced project(s). Attached is the information submitted by the pro proponent. 43-14 95- - a97 APR 14 1995 Your comments are requested with respect to: 1. Physical impacts the project presents on public resources, facilities, and/or services. t 2. Recommended conditions: a) that you or your agency believe would mitigate any potential adverse effects; b) or should a to the project design; c) or improvements to satisfy other regulations and concerns which your agency is responsible; 3. If you find that the identified impacts will have significant adverse effecu on the environment which cannot be avo through conditions, please recommend the scope and focus of additional study(its) which may be helpful. Please send your response by �tar`i / . _/_?Q7 You are invited to attend the DEVELOPMENT REV COMMMME meeting at La Quints City Hall: Date: _7-43 411(^ r e r D Time: Contact Person: l f--<zh� 1l %Y/e/&L{G1?�-- Title: is Comments made by: i 6/. � �-/r Title:. Date: Phone: E -� 4 J 6 Agency/Division: F MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 zESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 105s • COACHELLA, CALIFORNIA 92236 o TELEPHONE (619) 398.2651 DIRECTORS OFFICERS TELLIS CODEKAS, PRESIDENT THOMAS E. LEVY, GENERAL MANAGER -CHIEF ENGINEER TALUSRAYMOD R. AS. ONDS,PRESIDENT VICE PRESIDENT BERNARDINE SUTTON, SECRETARY JOHN W. M .RUM N OWEN McCOOK ASSISTANT GENERAL MANAGER DOROTHY M. NICHOLS April 17, 1995 REDWINEAND SHERRILL,ATTORNEYS THEODORE J. FISH Planning Commission City of La Quinta Post Office Box 1504 La Quinta, California Gentlemen: File: 0163.1 4 I 92253 APR 24 1995 4 Subject: C:T`1� ire• ; •; '.?.; ="Z� Conditional Use Permit 95-019, Portion of the Southeast Quarter of Section 319 Township 5 South, Range 7 East, San Bernardino_ Meridian This area is protected from stormwater flows by a system of channels and dikes, and may be considered safe from stormwater flows except in rare instances. This area is designated Zone X on Federal Flood Insurance rate maps which are in effect at this time. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. If you have any questions please call Dan Farris, principal stormwater engineer, extension 264. Yours very truly, Tom Levy General Manager -Chief Engi RF:sv/elb/flood cc: Don Park Riverside County Department of Public Health 79-733 Country Club Drive, Suite D Bermuda Dunes, California 92201 TRUE CONSERVATION USE WATER WISELY County of Riverside L f�oq R,.1 u A N� DATE: ��L, 4-, o�� 0m: N APR 1. FORM 4, (Rev. 8/87) 0sE ATTACHMENT 7 21 MAY 0 3 1995 ' I8Iler n �GCL �G 00, 21 7-0 J? (Is,,( ATTACHMENT CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 95-019 - RECOMMENDED AIRTOUCH CELLULAR MAY 9, 1995 1. The permittee shall defend, indemnify, and hold harmless the City of La Quinta, its agents, officers, and employees from any claim, action, or proceeding against the City of La Quinta or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of La Quinta, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit 95-019. 2. The development of the premises shall comply with Ordinance No. 248 standards and with all other applicable codes of the State of California and ordinances of the City of La Quinta. The development of the premises shall be in conformance with the plans marked Exhibit(s) A -Revised #2 on file in the office of the La Quinta Community Development Department unless otherwise amended by these conditions of approval. 3. The use hereby permitted is for a 100-foot high monopole with cellular antennas and athletic field lights, as well as an equipment building located within the Assessor's Parcel Number 646-070-001. The effective date of the issuance of this permit is May 9, 1995. 4. This permit shall be used within three (3) years after the effective date of the issuance of the permit, otherwise, it shall become null and void and of no effect whatsoever. By "use" is meant beginning substantial construction of the facilities as approved by this permit which thereafter are pursued diligently to completion or the actual occupancy of existing buildings or land under the terms of this permit. Prior to the expiration of the one year period, the permittee may request a one year extension of time in which to use this permit. Should no substantial construction or use of this permit be initiated within two (2) years of the effective date of the issuance of this permit, this permit shall become null and void. 5. Developer and operator shall comply with all requirements of the City of La Quinta and Desert Sands Unified School District.. 6. The tower, microwave dishes, array antennas, etc. shall be painted to match the existing light standards at the Sports Complex. 7. Prior to issuance of building permit final working drawings shall be reviewed and approved by the Community Development Department. 8. The structure allowed within this permit shall not exceed 100 feet in overall height. CONAPRVI-328 9. At all times during the conduct of the permitted use the permittee shall maintain and keep in effect valid licensing approval from the FCC. Should such licensing be denied, expire, or lapse at any time in the future, this conditional use permit shall become null and void. 10. Any outside lighting for the equipment building shall be hooded and directed so as not to shine directly upon adjoining property and rights -of -way. 11. The athletic field lights that are to be attached to monopole shall be installed at the same height and angle as the other existing light banks. 12. The equipment building elevations shall be revised to include a stuccoed band around the roof line that matches the finish, color, and dimensions of the existing snack bar and education buildings. The revised elevations shall be submitted to the Community Development Department for review and approval prior to issuance of a building permit. 13. Landscaping and other facilities as shown shall be provided in compliance with Exhibit A -Revised #2. All landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. Prior to final building inspection approval, the permittee shall install all improvements as shown on the approval plan. 14. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and blowsand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and state air quality management authorities. 15. No signs are approved pursuant to this conditional 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 Department pursuant to the requirements of the City's Sign Regulations. 16. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. 17. This approval is subject to compliance with the Monitoring Program for CEQA Compliance, attached to Environmental Assessment 95-297 prepared for this project. 18. The emergency generator shall be relocated along the westerly half of the south or north wall of the proposed building or in another location which minimizes the obstructions presented by the proposed facilities. CONAPRVL.328 nU9 19. The applicant shall submit plans for grading, underground cable routing and vehicle access routes (including construction traffic) for review and approval by the City Engineer. Grading plans shall be prepared on 24" x 36" media, shall have signature blocks for the City Engineer, and are not approved for construction until they are signed. 20. The construction plans shall accurately locate the proposed facilities with respect to a property corner and existing nearby features. 21. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.10, La Quinta Municipal Code. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 22. Prior to occupation of the site for construction purposes, the applicant shall obtain an encroachment permit from the Public Works Department. 23. 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. 24. Construction and operation of the facility, shall be scheduled so as not to interfere in any way with planned activities at the sports complex and school facilities without the express approval of the La Quinta Parks and Recreation Department and the Desert Sands Unified School District. CONAPRVII-328 ATTACHMENT 9 PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 95-297 PREPARED FOR CONDITIONAL USE PERMIT 95-019 ENVIRONMENTAL ASSESSMENT 95-297 AIRTOUCH CELLULAR WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th day of May, 1995, hold a duly noticed Public Hearing to consider the proposed Conditional Use Permit 95-019- AirTouch Cellular project; and, WHEREAS, The Planning Commission of the City of La Quinta, California, did approve the certification of the Environmental Assessment to the City Council; and, WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended) (Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Initial Study EA 95-297; and, WHEREAS, the Community Development Director has determined that said use permit will not have a significant adverse effect on the environment and that a Negative Declaration of environmental impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed use permit will not be detrimental to the health, safety, or general welfare of the community, either indirectly or indirectly. 2. The proposed use permit will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. RESOPC.116 091 3. The proposed use permit does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals. 4. The proposed use permit will not result in impacts which are individually limited or cumulatively considerable. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission for this environmental assessment. 2. That it does hereby recommend certification of Environmental Assessment 95-297 for the reasons set forth in this resolution and as stated in the attached environmental assessment checklist and addendum, labeled Exhibit "A". PASSED APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 9th day of May, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California ROOPC.116 o92 ATTACHMENT 10 PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 95-019- AIRTOUCH CELLULAR CASE NO: CUP 95-019 - AIRTOUCH CELLULAR WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th day of May, 1995, hold a duly noticed Public Hearing to consider the request of AirTouch Cellular for a Conditional Use Permit to install a monopole with antennas and associated equipment building located within the La Quinta Sports Complex, at 78-900 Avenue 50, more particularly described as: BEING A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.B.M. WHEREAS, said Conditional Use Permit request has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), and adopted by City Council Resolution 83-68, in that the Community Development Department has completed an initial study Environmental Assessment 95-297, which has been reviewed and considered by the Planning Commission of the City of La Quinta. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the recommendations for approval of said Conditional Use Permit. The proposed Conditional Use Permit, as requested, is consistent with the goals and policies of the La Quinta General Plan. 2. The proposed Conditional Use Permit is consistent with Ordinance 248 - Commercial Communications Towers . 3. The proposed project is consistent and compatible with surrounding land uses. 4. The proposed project will not result in a significant adverse impact on the environment due to mitigation measures contained in the Environmental Assessment, which will be incorporated into the Conditions of Approval for Conditional Use Permit 95-019. RPSOPC.117 093 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That the Commission does certify by separate resolution Environmental Assessment 95- 297 prepared for this project; 3. That the Commission does hereby approve the described Conditional Use Permit 95-019 for the reasons set forth on this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 9th day of May, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California xasorc.ii7 I Ln `0 LO I ;w— N Ln C1 ~ c chU p CM LU N O� 0LL,.- .0s a � o � o u U a r) u O _ — P4 :)4 El) > v � a a 1 O J O N, O cr1 P4 to E-4 Fi rn t~A�4 (n 5 a a) U a rd its Ln Cr U rT �44 Otn•,j F+ U >+lzr a M E-+ I ri H co ra wUr- O F- �:l I �! I I ,C� s4 « s EH A O to p its 0) t rcs o O 'O O 0 4-) a o t; .+~ o r -r-i «s 3 O its 4-) �4 a 00 H � aa)i a) S4 O ro O N a) r0 a) O Efl Er) N M r: a) O U •� is its i✓ 0 U 4.) A O 104 a) ro to +) � $a 44 a) •r.r � O 3 r6 l4 a) a P+ 4a —4 r1 > as its 4a O a rd a 3 43 ro .. O U to o .H h � > PQ (11) 4 a) > irs a) nS •� al 4a 0 0 - a, .r, X. a' x o � -4 O 4a O -4-) O .� tx U �4 to 03 to � EOn .N U A 44 o a, > a) -� 1� to t; -H -►) O .4 O a) o a a a 0 a to —4 c w :3 W Ln T3 3 O ro -U) O ri~ (�0 W >i a) 1 a A o o a a z +� W 454 ra U 0 04 its z x A Va O V-1 10 > •r'r •H Z s4 (1) to to CJ tts a) Ul U' O s-r ro _ s4 Cl) a its its U ro O r-1 O 1U 44 (d 04 a) �4 f ra ,V. 0' O 4.) 4-4 (- -0 r s4 ro O O •H A r. 4-) .e, O its �4 05) V .a.) A 10 O > r ,H •r, O r-i its l4 4-) t3l 44 s.4 ,c a) -P o rs z U m •,A o cn � oa z3 �+ rt s4 ro a 0 - �, � as .0 sa A = a) 4 04 (d 44 o 9 � M- O U-) 0 its 4-) t O4 0 O U n cn �•� 0 X O O � +) 4-) N bl i A 4 O 5e j O •�� M tOd o U EA rts a) a) 4.) 1-4 ,_ -r-i rti •a> to 0) f, s~ ✓ r0 O I � � W Ln •ri r1 O O� s.4 its 04 CONDITIONAL USE PERMIT 95-019 AIRTOUCH ANALYSIS: Staff prepared an Initial Study (Environmental Assessment 95-297) for the proposed project. The monopole will support three microwave dish antennas which will not produce any harmful emissions, and cellular array antennas which also do not create any hazardous emissions. The monopole will replace an existing 75-foot high light standard that has sports lighting attached to it. The existing lighting fixtures will be attached to the monopole in order to maintain the current level of sports field night lighting. No additional lighting will be installed. The lighting is required to be installed at the same intensity, height, and angles as it is now. The applicant has prepared simulated photographs of what the monopole will look like if it is installed. In these photographs, the proposed monopole appears to blend well with the existing light standards at the school campus. Black and white copies of these photographs are included in the staff report. Because of the location of the monopole at the north end of the field, its height is not apparent from 50th Avenue viewpoints. Staff has received two letters from residents opposing the monopole; one from the Bajada Tract and the other from the Painted Cove tract. In staff s assessment, the proposed monopole, from these two tracts will not be any more discernable than the existing light standards now located at the Sports Complex. The proposed location for this monopole was selected by Airtouch because it was a key location in their network of cellular antennas and relay stations. It is common in a commercial communications industry to locate monopoles such as this one, in school yards, corporate yards, and other facilities with a shared use type of arrangement. Although this proposal is not actually a shared use tower, it does serve two purposes with one structure, namely support both existing sports lighting and the cellular antennas and microwave dishes. The effect will lessen the number and visual impact of tall structures grouped in one place. ws °F IWQ�«rw MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: MAY 9, 1995 SUBJECT: LA QUINTA ZONING ORDINANCE UPDATE BACKGROUND: The last Zoning Ordinance Update review occurred on April 25, 1995. At that time, the Commission reviewed Sections 9.60.140 through 9.60.270 (Supplemental Residential Regulations), Chapter 9.70 (Non -Residential District Regulations) and a portion of Chapter 9.80 (Permitted Non -Residential Uses). Attached is Chapter 9.80 (Permitted Non -Residential Uses), Chapter 9.90 (Non -Residential Building Standards) and Chapter 9.100 (Supplemental Non -Residential Regulations. Staff has made some desired changes to Sections 9.100.030 through 9.100.100. These changes will need to be made in addition to any others requested by the Planning Commission. Also attached for your use and information is Chapter 9.300 which is the Definition Chapter. These definitions will help in reviewing the various parts of the Zoning Ordinance Update. As requested by the Planning Commission at the last meeting, we have also attached Section 9.60.050 (Storage and Other Accessory Buildings) and 9.60.060 (Garages and Carports) for your review based upon a concern as noted by Norris Bernard in his letter which he submitted at the last Planning Commission meeting. Also pursuant to your request at the last Planning Commission meeting, we have attached Chapter 9.60 (Supplemental Residential Regulations) in its entirety including the changes as revised by Larry Lawrence of Lawrence Associates and Tom Davis of Tierra Planning and Design. Should you feel that any further changes are necessary to these sections, please inform us. RECOMMENDATION: Staff recommends that the Planning Commission review the submitted Zoning Ordinance Update chapters and note any revisions that are appropriate at this time. Attachments: 1. Excerpts from Zoning Ordinance Update (Chapters 9.60, 9.80, 9.90, 9.100, 9.300) 2. Letter from Norris Bernard. MEMOSS.242 ATTACKMENT CHAPTER 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS [changed passages are shown shaded] Sections 9.60.010 Purpose and Intent ..................... 23 9.60.020 Signs and Parking ..................... 23 9.60.030 Fences and Walls ..................... 23 9.60.040 Patio Covers, Decks and Play Equipment ... 27 9.60.050 Storage and Other Accessory Buildings .... 28 9.60.060 Garages and Carports .................. 29 9.60.070 Swimming Pools ...................... 29 9.60.080 Satellite Dish and Other Antennas ........ 30 9.60.090 Second Residential Units ............... 31 9.60.100 Guest Houses ........................ 33 9.60.110 Home Occupations .................... 34 9.60.120 Pets and Other Animals ................. 35 9.60.130 Recreational Vehicle Parking ............ 36 9.60.140 Screening ...........................38 9.60.010 Purpose and Intent. 9.60.150 Tennis and Other Game Courts ......... 39 9.60.160 Outdoor Lighting ................... 40 9.60.170 Special Outdoor Events ............... 40 9.60.180 Manufactured Housing and Mobilehomes 41 9.60.190 Family Day Care Facilities ............ 41 9.60.200 Senior Citizen Housing ............... 42 9.60.210 Construction and Guard Offices ........ 43 9.60.220 Trash and Recyclable Materials Storage .. 44 9.60.230 Noise Control ...................... 44 9.60.240 Model Home Complexes ............. 44 9.60.250 Condominium Conversions ............ 46 9.60.260 Density Bonuses for Affordable Housing . 48 9.60.270 Timeshare Regulations ............... 52 This Chapter sets forth requirements for accessory structures, fences and walls, swimming pools, and other special aspects of land use in residential districts. These requirements are in addition to the regulations for residential uses set forth in Chapters 9.... through 9.... 9.60.020 Signs and Parking. Refer to Section ... for sign regulations and Section ... for parking regulations, 9.60.030 Fences and Walls. A. Definition. For purposes of this Section, "fence" or "wall" means any type of fence, wall, retaining wall, sound attenuation wall, screen, or windscreen. The terms "fence" and "wall" are used interchangeably in this Section to mean any or all of the preceding structures. B. Measurement offence Height. Except as otherwise specified in this Section, fence heights shall be measured from finish grade at the fence base to the highest point of the fence on the interior or exterior side, whichever is higher. In addition, the following provisions shall apply to the measurement of fence height: 1. Open railings, up to 48 inches high, placed on top of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement. 2. Fences less than 30 inches apart (measured between adjoining faces) shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Fences 30 inches or more apart shall be considered separate structures and their heights shall be measured independently. The Director may require that the area between such fences be provided with permanent landscaping and irrigation. 23 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft. 4128195. C. Maximum Fence Heights. The construction and installation of fences shall be in compliance with the following standards: 1. Within Main Building Area. In the area of a lot where a main building may be constructed, the maximum freestanding fence height shall be 12 feet. 2. Setback Areas Not Bordering Streets. The maximum fence height shall be six feet within any required setback area not adjoining a street. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. However, fence height shall not exceed eight feet measured from either side. 3. ,Setback Areas Bordering Streets, Alleys, and Other Accessways. a. Within all districts, the maximum fence height shall be five feet within the first ten feet of the required front setback area (measured from the street) and six feet within any rear or side setback area adjoining a public street. b. Where, because of the orientation of the lots, a property line fence separates a front yard on one lot from a rear yard on an adjacent lot, the maximum fence height shall be six feet. c. Arches up to eight feet in height and five feet in width may be constructed over one gate on a lot provided the arch is integrated into the fence/gate design. Alternately, pilasters adjacent to such a gate may be constructed up to eight feet in height provided the pilasters are integrated into the fence/gate design. A maximum of one such arch or pair of pilasters shall be permitted per residential parcel. d. Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of Subsection CA. of this Section. e. City- or state -required sound attenuation walls bordering freeways or arterial highways may exceed six feet in height if so recommended by a noise attenuation study and approved by the Director. 4. Visibility at Intersections. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight dLSW=,es and to maintain visual openness. Therefore, notwithstanding Subsection C.3. of this Section, the height of fences, trees, shrubs, and other visual obstructions shall be further restricted as follows: a. The height of fences, trees, shrubs, and other visual obstructions shall be limited to a maximum height of 30 inches within the triangular area formed by drawing a straight line: 24 C; 0, SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 41281951 1) Between two points located on and 15 feet distant from the point of intersection of two ultimate street right-of-way lines. 2) Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other. b. For purposes of this Code, "point of intersection" shall mean the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two lines. c. The height restrictions of this Subsection shall apply to fences, walls, trees, shrubs, vegetation, or any other material which obstructs or may obstruct visibility. D. Gates. 1. Materials Gates shall be constructed of ornamental iron/tubular steel and/or wood. Such gates may be placed in any location provided they meet the requirements of this Section and provided any wood used is of construction heart or merchantable and better redwood or #2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water - repellant material. Wood gates over 36 inches wide shall have a metal frame. Chain link gates are prohibited. 2. Width. Gates shall not exceed 36 inches in width, except that gates may be any width in sideyard fences wherein the sideyard setback is at least 12 feet. E. Fence Construction and Materials. All fencing in residential districts shall conform to the following construction and material standards: 1. Manual on Architectural Standards. Fences shall generally conform to the design standards and typical layouts contained in the City's Manual on Architectural Standards unless modified by the standards of this Subsection E. 2. Wood Fencing. a. Except for gates, wood fencing is permitted in rear or interior side yards only and only if not visible from the street. Gates may be of wood in any,location provided they comply with the standards of this Section. b. All wood fencing shall be constructed of construction heart or merchantable and better redwood or #2 and better (no holes) western red cedar, stained or painted 'to match or complement the adjacent wail or structure. Alternatively, if left in natural color, all wood 25 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 41281951 shall be treated with a water -repellant material. c. Fence boards may be horizontal or vertical. Support posts shall be a minimum of 4" x 4" redwood, pressure -treated lumber, tubular steel or block placed five feet on center. All fences shall have a concrete footing or approved post base or be embedded in concrete in a manner which allows standing water to drain from the post hole. The posts shall be installed on the interior side of the lot with fencing material on the outside edge of the support posts. 3. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing may be used along the front or street side yards only. The iron or steel shall be painted to match or complement the adjacent wall or structure. 4. Masonry Fencing. Solid Masonry fencing (i.e. block, rock, brick, with or without stucco covering) is permitted in any location on the lot provided the color of the masonry or stucco matches or complements the adjacent wall or structure. Cinder block shall not be used unless all exterior surfaces visible from outside the properly are covered with stucco, texture coating, or other comparable coating approved by the Director. 5. Material Combinations. Combinations of two or more of the preceding materials may be used provided that the bottom one-half of the fence is constructed of a masonry material. Combinations incorporating wood materials shall only be used for the rear and interior side yards and only when not visible from the street F. Fence Landscaping and Maintenance. 1. Landscaping. The area between the street right-of-way and any fencing shall be landscaped, have a suitable permanent irrigation system, and be continuously maintained by the property owner. 2. Maintenance. All walls and fences shall be continuously maintained in good repair. The property owner shall be provided thirty days after receiving notice from the City to repair a wall or fence. The Building Official may grant an extension to such time period not to exceed sixty days. G. Prohibited Fence Materials. The use of barbed wire, razor wire, or similar materials in or on fences is prohibited in all residential districts. In addition, chain link or wood fencing is prohibited within required front setbacks or any other required setback adjacent to a street or alley, except for wood gates and for temporary construction fences authorized by a minor use permit issued in accordance with Section .... H. Equestrian Fencing. Notwithstanding any other requirements of this Section, fencing shall be 26 J .� a � SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 4128195. provided as follows where the keeping of horses is permitted per Chapter 9.40 (Residential Permitted Uses): 1. Corral fences on or along property lines, private streets, or bridle trails shall be at least four feet high and of three -rail construction, with support posts not more than ten feet apart. Rails shall be minimum two -by -six inches and posts shall be minimum four -by -six inches. 2. Pasture areas not along property lines, private streets, or bridle trails shall be provided with fences at least four feet high and shall be of construction sufficient to confine horses. I. Nonconforming Fences. Any fence which does not meet the standards of this Section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded nor its non-conformance with these standards increased. Any fence which is destroyed or damaged to the extent of more than 50 percent of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with these standards. 9.60.040 Patio Covers, Decks and Play Equipment. A. Applicability. For purposes of this Section, The term "patio covers, decks, and play equipment" includes any type of yard structure other than a building or a carport. Such structures include but are not limited to open and solid patio covers, gazebos, trellises, arbors, and to play equipment which is more than eight feet in height. All such structures shall be "open" (no side walls) and are referred to in this Section as "yard structures". Enclosed structures shall be considered accessory buildings (see Section ...). Uncovered decks and others structures less than 18 inches above finish grade shall not be subject to the provisions of this Section. B. Standards. Patio covers, decks, play equipment or other yard structures, attached to or detached from the main building shall comply with front and side yard setbacks for the main building and the following requirements: 1. The location of decks and balconies shall be governed by the standards for wall projections in Section .... 2. No yard structure shall be more than 12 feet in height. 3. Yard structures shall not be constructed or established within those areas where fences and walls are limited to a maximum height of five feet as specified in Section .... nor shall they be located in the panhandle portion of a panhandle lot. 4. No yard structure shall be located less than: Wi feet from any property line not bordering a street or five feet from any property line bordering a street. Setbacks shall be measured from the property line or top of slope to the nearest supporting member of the structure. The roof or 27 wI, lY SUPPLEMENTAL RESIDENTIAL REGULATIONS cover overhang may encroach into the required setback by up to two feet. [Draft: 41281951 5. Structures shall be constructed in a manner so as to prevent rooftop water from draining onto any adjacent parcel. 6. Lattice cross -members in patio covers or trellises shall be of minimum 2" x 2" material, with maximum 2" spacing and maximum 24" span. 9.60.050 Storage and Other Accessory Buildings. A. Applicability. Accessory buildings, such as storage or gardening sheds, are permitted as accessory structures on a residential lot containing a primary residence subject to the requirements of this Section. (Carports and garages are regulated separately by Section ..... patio covers by Section—, swimming pools and spas by Section—, and recreational vehicle parking by Section ....) B. Drainage from Roofs. Accessory structures shall be constructed in a manner so as to prevent rooftop water from draining onto any adjacent parcel. C. Lot Coverage Maximums. The placement of accessory structures on a lot shall not result in violation of the lot coverage maximums set forth in Section .... D. Standards. 1. Maximum Number. No more than one such accessory building may be placed on any residential lot. 2. Maximum Size and Height. No accessory building shall exceed 200 square feet in roof area or ten feet in height. 3. Setbacks. Attached accessory buildings shall comply with setback requirements for the main building. Detached accessory structures shall conform to the following setback standards: TABLE 9- ...: SETBACKS FOR DETACHED ACCESSORY BUILDINGS Minimum Setback (ft.): Roof Area of Structure (sg/ft) Separation from Front Interior Exterior Rear Main Building Yard Side Yard Side Yard Yard 0-100 5 20 3 10 2 ............................................................................................................................................................................... 101-200 5 20 5 10 4 28 SUPPLEMENTAL RESIDENTIAL REGULATIONS 9.60.060 Garages and Carports. [Draft: 4128195. A. Height. The maximum structure height shall be 28 feet for a detached garage and 14 feet for a detached carport. B. Setbacks. 1. In the RVL district, the minimum garage or carport setback shall be 30 feet. Tn all other residential districts, the minimum setback for front -entry type garages or carports shall be 25 feet if a standard "pivot" type garage door is used, 20 feet if a "roll -up" type garage door is used, and 20 feet for a carport. For side -entry type garages, the minimum garage setback shall be 29 in the RVL District and 15' in all other residential districts. 2. When alleys, private streets or common driveways at the rear of a lot are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests and emergency vehicles, garages and carports may be placed up to a minimum of five feet from such alley, private street or common driveway. C. Lot Coverage Maximums. The placement of garages and carports on a lot shall not result in violation of the lot coverage maximums set forth in Section .... 9.60.070 Swimming Pools. A. Applicability. The provisions of this Section shall apply to any outdoor swimming pool, whirlpool, spa (in -ground or above -ground), or open tank or pond containing or normally capable of containing water to a depth of three feet or more at any point. For purposes of this Section, the term "pool" means all or any of the foregoing facilities. B. Standards. Pools are permitted as accessory uses in residential districts subject to the following requirements: 1. Location. In other than private gated communities, pools shall be located at least three feet (measured from water's edge) from any property line and four feet from any structure. No adjustment tb these minimums shall be approved. In private gated communities, pools may be located up to the property line if adjacent to common open area. 2. Filter and Heating Equipment. Mechanical pool equipment, such as a pump, filter or heater, shall be located no closer than ten feet from the buildable area (main building envelope) of an adjacent residential lot unless such equipment is placed within a building, underground vault, or other enclosure which the Director determines provides effective noise and vibration attenuation. The Director may require testing of the proposed enclosure by a qualified professional to make the such a determination. In no case shall such equipment or enclosure 29 1 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 41281951 be placed closer than three feet from any property line. In addition, equipment shall be screened from ground view of surrounding properties. Such visual screening may consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting. 3. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the City's Building Code, state law and other applicable laws and ordinances. 9.60.080 Satellite Dish and Other Antennas. A. Purpose. Satellite dish and other antennas consistent with the design and location provisions of this Section shall be permitted as accessory structures within any residential district. B. Permitted Commercial Antennas. Commercial television, radio, microwave, and other antennas are permitted as principal uses in all districts subject to approval of a conditional use permit and conformance with the requirements of Section ... (Communication Towers and Equipment). Satellite dish and other antennas are permitted as accessory structures in nonresidential districts in accordance with Section ... C. Permitted Noncommercial Antennas. Noncommercial privately -owned television and/or radio antennas shall be contained entirely within a building except for: (1) satellite dish antennas and other antennas which cannot function when completely enclosed by a building, and (2) amateur radio antennas used by operators licensed by the Federal Communications Commission (FCC, pursuant to 47 CFR § 97). Such permitted outdoor antennas shall comply with the following design standards and requirements: 1. Number. No more than one satellite dish and/or one amateur radio antenna shall be permitted per lot. 2. Height and Diameter. Satellite dish antennas shall not exceed eight feet in height measured from adjacent grade or finish floor and shall be no more than eight feet in diameter. Amateur radio antennas shall not exceed the maximum building height for the district as specified in Section .... 3. Ground -Mounted Antennas. a. Location. All ground -mounted antennas shall be located within the rear yard or may be located within an interior side yard if not within the required side yard setback. Such antennas are prohibited from exterior street side yards unless not visible from the street. All antennas over six feet in height shall be set back a minimum of ten feet from all property lines. b. Screening.Ground-mounted satellite dish antennas shall be screened from view, including 30 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 4128195] views from adjacent yards, by landscaping or decorative structures (trellis, arbor, fence, etc.). The dish antenna shall be a single color that blends with its surroundings (e.g., off- white, dark green, brown, gray, or black). c. Disguised Antennas. An antenna which has the appearance of typical backyard furniture or equipment (e.g., satellite dish antenna manufactured to have the appearance of a patio umbrella) is not required to comply with the preceding location and screening standards but shall comply with height and size limits. Such an antenna may be placed on any patio or deck. 4. Building -Mounted Antennas. Roof -top and other building -mounted antennas are prohibited in all residential districts unless completely screened from horizontal view via a parapet wall or other feature which is integrated into the architecture of the building. 9.60.090 Second Residential Units. A. Purpose. This Section provides standards and criteria for the establishment of second residential units within residential districts consistent with Sections 65852.1, 65852.15, and 65852.2 of the state Government Code. B. Definitions. For purposes of this Code, the following definitions shall apply: 1. "Second residential unit" shall mean a dwelling unit, including sleeping and cooking facilities, that is accessory to a pre-existing primary residence on a single family lot. "Granny housing" is intended for sole occupancy by one or two persons age 62 years or older or a handicapped person of any age (plus spouse or care -giver). "Granny housing" is included within the term "second residential unit". 2. "Living area" means the interior habitable area of a dwelling unit, including basements and attics (if permitted) and shall not include a garage or any accessory structure. C. Limitations. Only one second residential unit or one guest house may be established on any lot in addition to the primary residence. Therefore, no more than two residential units on a single lot are permitted under the provisions of this Section. D. Standards for Second Residential Units. A second residential unit may be established in the RVL, RL, RC, RM, or RMH Districts if the following standards are met and a conditional use permit is approved by the Planning Commission in accordance with Section ...: 1. No interest in the second residential unit may be sold separately from the remainder of the property. However, the second residential unit may be rented. SUPPLEMENTAL RESIDENTIAL .REGULATIONS : 4128195] 2. A second unit shall only be permitted on a residential lot which conforms to the minimum lot size requirements of the applicable zoning district and on which one owner -occupied single-family detached dwelling unit (the primary residence) already exists. 3. The second unit shall be either attached to and located within the living area of the existing primary residence or detached from and located on the same lot as the existing primary residence. 4. No second unit shall be permitted on any residential lot already containing two or more dwelling units. 5. Any new construction required for establishment of the second unit shall conform to all Building Code standards and applicable state law. 6. The second unit shall conform to height, setback, lot coverage, fees, and other zoning requirements generally applicable to residential construction in the district in which the property is located. 7. The second unit shall be architecturally compatible with the primary residence. 8. The floor area of an attached second unit shall not exceed 30 percent of the existing living area of the primary residence. 9. A detached second unit shall not exceed 1200 square feet total floor area. 10. The placement of a second unit on a lot shall not result in violation of the lot coverage maximums set forth in Table 9-... of this Code. 11. A minimum of three off-street parking spaces shall be provided for each residential lot containing an approved second unit, to include the following: a two -car garage for the primary residential unit and one space enclosed or open for the second unit. Tandem parking spaces shall not be credited toward meeting this requirement and no variance or minor adjustment shall be granted to allow substandard parking spaces or locations. 12. The second unit may be separately metered for gas, electricity, water, sewer, and other utility services. 13. The applicant for the conditional use permit for a second unit shall be the owner currently occupying the subject property. 14. The provisions of this Section shall not validate any existing illegal second unit. An application for a permit may be made pursuant to the provisions of this Code to convert an illegal second 32 } 1 # SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 41281951 unit to a conforming legal second unit. The standards and requirements for said conversion shall be the same as for a newly proposed second dwelling unit. 15. In addition to the findings required generally for all conditional use permit approvals, the following finding shall be made in order to approve a conditional use permit for a second unit: "The second unit is compatible with the design of the main unit and the surrounding neighborhood in terms of landscaping, scale, height, bulk, lot coverage and exterior appearance." 9.60.100 Guest Houses. A. Purpose. This Section provides standards and criteria for the establishment of guest houses where such units are permitted in accordance with Section .... B. Definitions. For purposes of this Code, the following definitions shall apply: "Guest house" shall mean an attached or detached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building and their non-paying guests. 2. "Living area" means the interior habitable area of a dwelling unit, including basements and attics (if permitted) and shall not include a garage or any accessory structure. C. Limitations. Only one second residential unit or one guest house may be established on any lot in addition to the primary residence. Therefore, no more than two residential units on a single lot are permitted under the provisions of this Section. D. Standards for Guest Houses. A guest house may be constructed as an accessory use in the RVL or RL Districts subject to approval of a minor use permit. All guest houses shall conform to the following standards: 1. Detached guest houses shall conform to all applicable Building Code standards and all development and design standards of the zoning district in which they are located. In addition, the height of the guest house shall not exceed 17 feet within one story. 2. Guest houses shall be architecturally compatible with the main unit. 3. The floor area of the guest house shall not exceed 30 percent of the existing living area of the principal residence. 4. The placement of a guest house on a lot shall not result in violation of the lot coverage 33 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 4128195] maximums set forth in Table 9-... of this Code. 5. There shall be no kitchen or cooking facilities within a guest house. 6. A guest house shall be used only by the occupants of the main residence, their non-paying guests, or domestic employees. The guest house shall not be rented or otherwise occupied separately from the main residence. 7. A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guest house to a rental unit, to a unit for sale, or to add a kitchen or cooking facility. 8. If a private sewage disposal system is used, approval of the local health officer shall be required. 9.60.110 Home Occupations. A. Purpose. The regulations set forth in this Section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. B. Permit Required. Establishment and operation of a home occupation shall require approval of a home occupation permit processed in accordance with Section.... Information shall be provided to ensure that the proposed home occupation complies with the requirements of this Section. Additional information necessary to make the findings required for approval may be required by the City. C. Use and Development Standards. In addition to the requirements for each residential district, the following use and development standards shall apply to the establishment and operation of home occupations: 1. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principle character or use of the dwelling unit involved. 2. Only residents of the dwelling unit may be engaged in the home occupation. 3. A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than 25 percent of the combined floor area of the house and garage. 4. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. 34 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 4128195 5. Where shall be no signs, outdoor storage, parked vehicles, or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics. 6. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 8. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, -nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. 9. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 10. All conditions attached to the home occupation permit shall be fully complied with at all times D. Revocation or Suspension of Permit. The Director may revoke or suspend any permit for a home occupation if the Director determines that any of the performance and development standards listed in Subsection C of this Section have been or are being violated, that the occupation authorized by the permit is or has been conducted in violation of any state statute or City law, or that the home occupation has changed or is different from that authorized when the permit was issued. E. Permit Nontransferable. No permit issued for a home occupation shall be transferred or assigned, nor shall the permit authorize any person other than that named in the permit, to commence or carry on the home occupation for which the permit was issued. 9.60.120 Pets and Other Animals. In addition to the required setbacks for structures set forth in this Code for the applicable zoning district, all pens and cages (except dog runs), corrals, stables and other structures specifically for keeping animals overnight, other than in the residence, shall be located at least 50 feet from any adjoining existing residential structure, or, if no residential structure exists, at least 50 feet from such areas where a residential structure may be legally located. Such areas may be defined by any combination of zoning setback requirements, easements or recorded CC&R's. SUPPLEMENTAL RESIDENTIAL REGULATIONS 9.60.130 Recreational Vehicle Parking. [Draft: 41281951 A. Purpose. Recreational vehicles may be used for temporary habitation on residentially zoned property only in accordance with the provisions set forth in this Section. Recreation vehicles parked within a validly established recreation vehicle storage lot or park are exempt from the requirements of this Section. B. Definition. For purposes of this Code, a "recreational vehicle" or "RV" shall mean any vehicle designed and used for temporary habitation, including motorhomes, travel trailers and camper shells. For purposes of this Section, "stored" shall mean the same as "parked". C. Standards. 1. The parking of recreational vehicles is a temporary accessory use and is permitted only within the RVL, RL, and RC districts on lots with an existing dwelling, except that the Director may issue a minor use permit to use a recreational vehicle at a construction site for supervisory or guard personnel if the Director determines that such use would not adversely affect surrounding areas and where such use is in accordance with Section ... (Construction Trailers and Guard Offices). 2. The recreational vehicle shall not be used as either a primary or accessory dwelling by the resident or owner of the lot on which it is parked. 3. Recreation vehicles may be parked only on residentially zoned lots with an existing occupied dwelling. 4. No RV shall be parked on a public or private street, or in any portion of a residential front yard, including the driveway, for a period which exceeds 72 hours. 5. The vehicle shall be parked out of the public right-of-way on the driveway. RV's may also be parked in the rear or side yard of the dwelling provided such parking is not within any required side or rear setbacks and the parking area is screened by a minimum five-foot high fence or wall. 6. The vehicle shall be self-contained. No water, sewer or electrical connections are permitted. The operation of electric generators is not permitted. 7. A recreational vehicle shall not be parked on a property for more than a maximum period of seven consecutive days. 8. Only one recreational vehicle used for temporary habitation is permitted at any one time. 9M 0 1 :-- a .f SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 4128195] 9. The City may impose any additional conditions on the parking and use of the recreational vehicle deemed necessary by the City to protect the public health, safety and general welfare. 10. The residents and the owner of the main dwelling on the parcel where the recreational vehicle is parked shall be responsible for ensuring compliance of the vehicle with the requirements of this Section and shall be subject to any and all enforcement actions by the City for violations of municipal ordinances and codes relating to such recreational vehicle use. D. Permit Procedures. 1. Application. Prior to moving a recreational vehicle onto the property, the owner of the property or the vehicle shall apply for a minor use permit in accordance with Section .... The application shall include the following information. a. Address of dwelling where vehicle will be parked. b. Name and address of vehicle owner/user. c. Number of persons to inhabit vehicle. d. Authorization of resident and/or property owner permitting the temporary use. e. Description (make, model, year and color) and license number of the vehicle. f. Location on the lot where vehicle will be parked. g. Approval from the homeowners association, if applicable. 2. Permit. After review of the application by the appropriate City staff in accordance with Section ... , a permit may be granted for a period not to exceed seven consecutive days. False, fraudulent or misleading information on the application shall be grounds for denial. The permit shall be displayed in open view on the vehicle. 3. Fees. A non-refundable fee shall be required at the time of application in accordance with the City's current fee schedule. 4. Revocation of Permit. A permit can be revoked if it is determined by the city that the use as conducted is creating a nuisance or in violation of the municipal codes. The vehicle shall be removed from the premises within twenty-four hours of issuance of the notice of revocation. 5. Enforcement. Use of a recreational vehicle for temporary habitation shall cease and the vehicle shall be removed from the property upon expiration or revocation of the applicable minor use permit or the parking and/or use of the vehicle shall be in violation of this Code. Every day that a violation continues to exist shall be deemed a separate violation subject to criminal prosecution or other appropriate legal action. 37 SUPPLEMENTAL RESIDENTIAL REGULATIONS 4128195] 9.60.140 Screening. A. Parking Area Screening. Screening of common parking areas shall be provided for all residential projects in accordance with the requirements for nonresidential uses in Section .... B. Equipment Screening. 1. Roof -Mounted Equipment. Roof -mounted utility and mechanical equipment, including but not limited to air conditioning, heating, restaurant exhaust fans, electrical elevator structures, roof accesses, etc., may be permitted only if screened per the following requirements: a. For flat roofs, a screened enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. For all roofs, screening shall be an integral part of the roof design and not appear as an afterthought. b. Such screening shall be provided so that the highest point of the equipment is below the surrounding architectural feature and is screened from view to a minimum horizontal sight distance of 1320 feet as viewed from a point five feet above finish grade, whichever provides the most screening. c. All roof mounted equipment shall be screened from view of surrounding two-story (or more) residential development and, where feasible as determined by the city, from two-story commercial and other types of development. 2. Ground -Mounted Equipment. Ground -mounted utility, mechanical, and pool or spa equipment shall be screened from ground view of surrounding properties. Such screening mail consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting. r 3. Solar Equipment. Solar heating equipment, whether roof- or ground -mounted shall be installed so that the underside of the equipment is not readily visible from surrounding properties. 4. Access Ladders. Wall -mounted exterior roof access ladders are prohibited unless screened from view by surrounding properties- C. Facility Screening. Within apartment and condominium projects, storage, trash, and loading areas shall be screened as follows: 1. Storage Areas. All storage, including cartons, containers, materials, or equipment shall be screened from public view as required by Section ... (Outdoor Storage and Display). 2. Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with Section ... Decorative overhead structures such as trellises 38 { � � SUPPLEMENTAL RESIDENTIAL REGULATIONS shall be integrated into the enclosure design if it is visible from higher terrain. [Draft: 41281951 3. Loading Areas. Loading platforms and areas shall be screened from view from adjacent streets and residential, open space and recreation areas. 9.60.150 'Tennis and Other Game Courts A. Permits Required. Construction of tennis and other game courts, including fencing, may be permitted as indicated in Table 9-.... All lighted game courts, where permitted per Section ..., shall require approval of a conditional use permit by the Planning Commission processed in accordance with Section..... B. Development Standards. Game courts shall meet the following minimum development standards: 1. Fences. A maximum 12-foot high fence (measured from the finished grade of the court) shall be allowed. Fences may include a dark, non -reflective screening material. If the fencing is chain link, it shall be vinyl -coated or painted in a dark color such as dark green or black. 2. Setbacks. Minimum setbacks from property lines for game courts shall be: Front yard: 20 feet Side yard: 10 feet Dear yard: 10 feet The preceding minimum setbacks shall be increased by three feet for every foot of abutting court fence height over eight feet. In addition, if the setback from any side or rear property line is less than 30 feet, the finish grade of the court shall be a minimum of four feet lower than the finish grade at the applicable side or rear property line. 3. Lighting. Game court lighting shall conform to the requirements of Section .... (Outdoor Lighting) In addition, a maximum of eight lights (i.e. eight individual light sources) shall be permitted and mounting standard height shall not exceed 18 feet or as approved by the Planning Commission. Courts shall not be lighted after 10:00 p.m. 4. Glare. The surface area of any game court shall be designed, painted, colored, and/or textured to reduce the reflection from any light source. 5. Landscaping. Landscaping shall be installed and maintained between the court fence and property line. A landscape plan shall be submitted with the building permit application, reviewed and approved by the city landscape architect, and implemented at the same time as court construction. WE SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 41281951 9.60.160 Outdoor Lighting. All residential land uses shall conform to the nonresidential outdoor lighting standards of Section .... In addition, residential lighting shall comply with the following requirements: 1. Outdoor Game Courts. All lighted outdoor recreation uses shall be subject to the provisions of Section ... for lighted game courts. 2. Height. Building -mounted lights shall be installed below the eave line or below the top of wall if there are no eaves. Pole or fence -mounted lights shall be located no more than eight feet above grade. 9.60.170 Special Outdoor Events. A. Outdoor Events. Within residential districts, special outdoor events shall include, but are not limited to pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, and large neighborhood or community gatherings in temporary outdoor facilities. B. Standards. Special outdoor events are permitted in residential districts as indicated in Table 9-1 provided the following requirements are met: Approval of a minor use permit shall be required for events to be attended by more than 50 people, including participants and spectators. 2. Regardless of the number of attendants, activities conducted on property owned by or leased to the city or on public rights -of -way may require an encroachment permit issued by the Public Works Director. 3. The event may be permitted for a period not to exceed ten consecutive days. Events conducted by a single permittee or group which occur more than twice in a calendar year are not considered temporary and shall not be eligible for a minor use permit. 4. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required. Applications for permits or certificates required by Subsections A. and B. of this Section shall be referred by the Community Development Department to other affected departments, cities or public agencies as may be appropriate for review and comment. 6. Related issues, including but: not limited to police and security, food and water supply, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the Director, Sheriff, Fire Chief or health officer in their administration of other city codes. 40 9 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft. 41281951 Such other codes may require the applicant to obtain permits such as building, electrical, health and tent permits. 9.60.180 Manufactured Housing and Mobilehomes A. Purpose. This Section is intended to provide standards and criteria for the placement, design, and construction, of manufactured, modular, and mobile homes in residential districts consistent with Section 65S52.3 et seq of the state Government Code. B. Definition. For the purposes of this Zoning Code, the terms "manufactured home" "modular home" and "mobilehome" shall mean the same thing, that is: a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. For purposes of simplicity, the term manufactured home is used in this Section. C. Mobilehome Parks. In accordance with Section 65852.7 of the state Government Code, mobilehome parks are permitted in all residential districts if a conditional use permit is approved. Development standards for such parks shall be the same as for the PD Planned Development District: minimum 30 percent common open area and minimum perimeter setbacks of 20 feet at any point and 25 feet average over the entire perimeter. D. Individual Manufactured Homes. In accordance with Section 65852.3 et seq of the state Government Code, individual mobilehomes may be permitted as permanent or temporary dwellings on single family lots within the RVL, RL, RC, RM, and RMH Districts. D. Site Development Permit Required. Approval of a site development permit by the Planning Commission shall be required prior to the placement of a manufactured home on a single family lot. The permit shall not be approved unless the Commission finds that the dwelling meet the same development standards as provided for single family homes for each district as set forth in Chapter ... and elsewhere in this Code in addition to the standard findings for approval of a site development permit per Section .... 9.60.190 Family Day Care Facilities A. Purpose. The purpose of this Section is to provide standards for the establishment and operation of child or family day care facilities within residential districts consistent with Chapters 3.4 and 3.6 of Division 2 of the state Health and Safety Code. B. Small Day Care Facilities. Family day care facilities serving six or fewer children are permitted in all residential districts except the RH District. Such facilities shall conform to the following requirements: 41 011-110 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 4128195] 1. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety equipment as specified by the Fire Marshal and/or state regulations. 2. All facilities shall be operated in accordance with state and local health, safety, and other regulations. 3. All parking and outdoor lighting shall comply with the applicable regulations set forth in Sections ... and..., respectively. 4. All facilities shall comply with the development standards of the residential district in which they are located, as set forth in Section ... 5. All outdoor play areas shall be fully enclosed by a minimum five feet high fence which conforms to the standards of Section ... (Fences and Walls). No such play area shall be provided where fences are limited to less than five feet in height. C. Large Day Care Facilities. Family day care facilities serving seven to 12 children are permitted in all residential districts except the RH District if a minor use permit is approved. Such facilities shall conform to the preceding requirements for small day care facilities plus the following: 1. A minor use permit approved by the Director of Planning and Community Development shall be required to establish a large family day care facility in accordance with Section .... In addition, all facilities shall comply with this Section and with any additional requirements imposed as part of the use permit or of any other applicable permit. 2. No large family day care facility shall be approved on a parcel which is within 500 feet of another parcel which either already contains such a facility or which has a valid permit for such a facility. 3. All outdoor play areas shall be fully enclosed by a minimum five feet high fence which conforms to the standards of Section ... (Fences and Walls). No such play area shall be provided where fences are limited to less than five feet in height. 4. Outdoor activities shall be limited to between the hours of 9:00 a.m. and 7:00 p.m. 9.60.200 Senior Citizen Housing. A. Purpose. The purpose of this Section is to provide standards for the establishment and operation of senior citizen housing facilities consistent with Sections 1568.083 et seq and 1569.85 of the state Health and Safety Code. B. Senior Citizen Residences. Senior residences, i.e. those with six or fewer residents, shall 42 01 J. SUPPLEMENTAL RESIDENTIAL REGULATIONS /Draft. 41281951 conform to the following requirements: 1. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety equipment as specified by the Fire Marshal and/or state regulations. 2. All facilities shall be operated in accordance with state and local health, safety, and other regulations. 3. All signs, parking, and outdoor lighting shall comply with the applicable regulations set forth in Sections ..., ... and..., respectively. 4. All facilities shall comply with the development standards of the residential district in which they are located as set forth in Section ... C. Senior Group Housing. Senior group housing facilities, i.e. those with seven or more residents, may be permitted in all residential districts subject to approval of a conditional use permit by the Planning Commission. Such facilities shall conform to the preceding requirements for senior citizen residences plus the following: 1. Residential occupancy shall be limited to single persons 55 years of age or over or married couples with at least one spouse 55 years of age or over. 2. The project may provide, for the exclusive use of the residents, central cooking facilities, common dining room(s), central laundry facilities, a beauty shop, a barber shop, and a pharmacy not exceeding 1000 square feet in floor area. 9.60.210 Construction and Guard Offices. The temporary placement of a trailer, recreational vehicle, or other relocatable building, or the temporary use of a permanent structure on an active construction or grading site to serve as a construction and/or guard office, and the establishment of a materials and equipment storage yard, may be permitted subject to approval of a minor use permit processed in accordance with Section ... and the following requirements: 1. The office shall not be moved onto the site or otherwise established until issuance of a precise grading permit or, if there is no grading permit, until issuance of a building permit. 2. Any temporary use and/or structure shall be removed from the site prior to the issuance of certificates of occupancy for the last new building on the site. 3. Any permanent structure or portion thereof devoted to a temporary use shall be converted to a permanent permitted use prior to the issuance of a certificate of occupancy for the last new building on the site. 4. The use of a recreational vehicle as a construction or guard office shall require approval of a minor use permit by the Director in accordance with Section .... 43 1J O �` SUPPLEMENTAL RESIDENTIAL REGULATIONS 9.60.220 Trash and Recyclable Materials Storage. [Draft: 41281951 All condominium and apartment projects shall comply with the nonresidential trash and recyclable materials storage requirements of Section .... 9.60.230 Noise Control. Residential land uses shall comply with the nonresidential noise control standards set forth in Section 9..... 9.60.240 Model Home Complexes. A. Model Home Complex and Sales Offices. Temporary model home complexes, real estate sales offices and related signage may be established if a minor use permit is approved in accordance with Section ... and the following requirements are satisfied: 1. The complex is used solely for the original sale of new homes or the first rental of apartments in projects of 20 or more units. 2. The complex is located within the area of the project for which it is established. The temporary sales office shall not be located within 100 feet of an existing dwelling unit which is not a part of the new project. 3. Notwithstanding other provisions of this Code, the parcel of land on which a temporary real estate office is established is not required to be a building site provided the parcel is precisely described. 4. The following structures and facilities are permitted in conjunction with the establishment of a temporary real estate office in conformance with an approved minor use permit: a. Model homes in compliance with the zoning regulations applicable to the properties that are being sold. b. Garages, attached and detached, in compliance with the zoning regulations applicable to the properties that are being sold. c. Temporary sales office buildings or relocatable buildings. d. Accessory buildings and structures in compliance with the zoning regulations applicable to the properties that are being sold. e. Recreational facilities that will become a permanent portion of the project in compliance with the zoning regulations applicable to the properties that are being sold. 44 r� SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 41281951 f. Permanent streets and driveways that will be part of the project after the closure of the real estate office use. g. Temporary children's playgrounds. h. Temporary and permanent fencing, walks, and structural amenities. Temporary vehicle parking and maneuvering areas to provide off-street parking as necessary for employees and guests. j. Temporary vehicular accessways. k. Temporary landscaping. B. Signs. Signs in connection with a temporary model home complex shall be permitted within a project subject to the following requirements: [ed. note: these sign standards are placed here to facilitate ease of use re model home regs. They will also be repeated in the sign reg. chapter.] 1. Temporary project identification signs up to 50 square feet in area and ten feet in height are permitted at each street entrance, subject to the provisions of Section ... (Signs). 2. The sign copy shall be limited to matters relating to the project within which the signs are located. 3. Such signs shall have a time limit of existence concurrent with the use of the permitted temporary offices. C. Flags. Flags in connection with a temporary model home complex may be permitted within a residential project subject to the following requirements: 1. Number. A maximum of eight flags shall be permitted. There shall be no more than one flag per pole. 2. Height. Flag poles shall be a maximum of 20 feet in height on the perimeter of the project and 16 feet in height in the interior. Pole heights shall be measured from finish grade at the nearest project perimeter. 3. Pole Diameter. Pole diameter shall be determined by the lateral load and size of the flag. The Director shall provide applicants with diameter standards. 4. Size. Flags shall be a maximum of 18 square feet in area on the perimeter of the project and 12 square feet in the interior. 5. Rigid pugs. Rigid flags, secured on more than one side, are prohibited. 45 ,, SUPPLEMENTAL RESIDENTIAL REGULATIONS : 41281951 6. Flag Copy. Flag copy, if any, shall be limited to the project logo, project name, and/or the name of the developer. Copy containing a phrase or part of a phrase spread over more than one flag is prohibited. 7. Color. Flags may vary in color or have multiple colors but fluorescent colors are prohibited. 8. Time Periods. Flags shall be approved by the Director for an initial six-month period. The Director shall review the installed flags prior to the end of that period. If the Director determines that all standards and conditions have been met and that all flags have been properly maintained, the Director may grant a time extension for an additional six months. If no such extension is approved, all flags must be removed upon expiration of the initial six months. D. Prohibited Advertising Devices The following advertising devices or activities are expressly prohibited within or outside the project banners, balloons, portable trailer signs, or human indicators, except as specifically approved in a minor use permit and in compliance with Section ... (Signs). E. Requirements for Approval. Any approving action shall include those conditions and requirements deemed by the decision -making authority to be necessary or advisable to protect the public safety and the general welfare, together with adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the expiration of the permit. In addition to those findings required for the approval of an application, any approving action for a temporary real estate office shall also include the following finding: "The access, parking and circulation facilities will not result in excess traffic congestion or traffic safety hazards." F. Time Limitations. A minor use permit for a real estate office may be approved for a maximum time period of two years from the date of approval. 9.60.250 Condominium Conversions. A. Purpose. The purpose of this Section is to: 1. Provide standards and criteria for regulating the conversion of rental housing to residential condominium, community apartment or stock cooperative types of ownership and for determining when such conversions are appropriate; 2. Mitigate any hardship to tenants caused by their displacement; and 0 , 3 46 �� SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft. 41281951 3. Provide for the public health, safety and general welfare. B. Applicability. The provisions of this Section shall apply to all conversions of rental housing into condominiums, community apartments or stock cooperatives notwithstanding any other provision of this Zoning Code. C. Use Permit and Subdivision Required. All conversion projects subject to this Section shall require approval of a conditional use permit in accordance with Section ... and approval of tentative and final subdivision maps in accordance with Section ... D. Zoning and Subdivision Standards. Conversion projects shall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval, and (2) the applicable provisions of the Subdivision Code. E. Tenant Notification. Applicants for conversion projects shall be responsible for notifying existing and prospective rental tenants as follows: 1. Existing Tenants. At least 60 days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in Section 66452.9 of the state Subdivision Map Act to each tenant of the subject property. Further, if the conversion project is approved, the applicant shall give all tenants a minimum of 180 days advance notice of the termination of their tenancy. 2. Prospective Tenants. At least 60 days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in Section 66452.8 of the Subdivision Map Act to each person applying after such date for rental or lease of a unit of the subject property. Pursuant to the Subdivision -lap Act, failure of an applicant to provide such notice shall not be grounds to deny the conversion but shall make the applicant subject to the penalties specified in Section 66452.8 of the Subdivision Map Act. 3. Evidence of Tenant Notification. Each application for conversion shall include evidence to the satisfaction of the Director that the notification requirements specified in Subsections E-l. and E-2. of this Section have been or will be satisfied. F. Tenant Purchase Option. The property owner shall provide tenants with a 90-day preemptive right to purchase a unit or a right of exclusive occupancy upon more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. Such right shall be irrevocable for a period of 90 days after the commencement of sales and notification of the tenant of such right. G. Application Requirements. Each application for a conversion project shall be accompanied by the following in addition to the standard filing requirements for conditional use permit and subdivision applications: 47 904 iG SUPPLEMENTAL RESIDENTIAL REGULATIONS 4128195] 1. ,Engineering Report. An engineering report on the general condition of all structural, electrical, plumbing and mechanical elements of the existing development, including noise insulation, and the estimated cost of repair or improvements, if any. The report shall be completed to the satisfaction of the Director, signed and dated by the Director, and made available to prospective buyers if the conversion is completed. 2. List of Tenants. A complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes. Within 10 days after the filing of the application, the Director shall notify each tenant of the application, forward a copy of the engineering report required by Subsection G-1. of this Section, and list the procedures to be followed. The Director shall mail a notice of public hearing at least 10 days before the hearing to each tenant on the mailing list. 3. Housing Program. Each application for a conversion project shall be accompanied by a Housing Program. The program shall include but not be limited to the following: a. The means by which the provision of affordable rental housing will be achieved; (e.g. by maintaining affordable rental condominium units within the converted project or by providing affordable rental units elsewhere in La Quinta.) b. A housing report addressing the balance of housing in the immediate area, including vacancy rates and other available housing of similar type and rent, the current rents and estimated monthly payments and fees of the units to be converted, and all improvements and renovations contemplated; c. A survey of existing tenants as to their length of occupancy and the number of those who express the intention of purchasing one of the units; and d. A relocation plan which identifies the steps which will be taken to ensure the successful relocation of each tenant if the conversion is completed. The relocation plan shall also state what specific relocation assistance existing tenants will be given, such as costs relating to physically moving tenants and their possessions, first months' rent in the tenant's new unit, security and cleaning deposits, and phone connection and utility deposits. Particular consideration shall be given to the needs of elderly and disabled individuals, families with children, and other tenants who may encounter difficulty in finding a new residence. H. Affordable Units in Condominium Conversions. The provision of affordable dwelling units in connection with the conversion of apartments to condominiums shall be governed by the provisions of this Section and of Section .... 9.60.260 Density Bonuses for Affordable Housing. A. Purpose.This Section is intended to implement the provisions of. (1) state Government Code Sections 65915 and 65915.5, which require a local jurisdiction to provide incentives for the production 48 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 4128195] of affordable housing units; and (2) the City's General Plan Housing Element policies relating to the provision of affordable housing. B. Eligibility. A density bonus may be granted to an eligible housing development in any residential district through approval of a conditional use permit by the City Council (after recommendation from the Planning Commission). In order to qualify for a density bonus or other financial incentives of equivalent value as specified in Government Code Section 65915, the developer of a housing project shall agree to construct one of the following: 1. At least 20 percent of the total units of a housing development for persons and families of lower income, as defined in state Health and Safety Code Section 50079.5. 2. At least ten percent of the total units of a housing development for very low income households, as defined in state Health and Safety Code Section 50105. 3. At least 50 percent of the total units of a housing development for "qualifying residents", as defined in state Civil Code Section 51.2. Only one density bonus/incentive shall be granted to each project regardless of the number of preceding qualifying commitments made by the developer. C. Density Bonus/Incentives. Density bonuses and regulatory concessions and/or incentives shall require approval of a conditional use permit and shall be subject to the following provisions: 1. Density Bonus. For purposes of this Section and in accordance with Government Code Section 65915, "density bonus" shall mean a density increase of 25% over the otherwise maximum allowable residential density under the General Plan. 2. General Plan Amendment Required. Density increases above the maximum allowed in the General Plan shall require approval of a General Plan amendment in addition to the required conditional use permit. 3. Determination of Unit Count. When computing the number of housing units which are to be affordable, the density bonus shall not be included. 4. Minimum Project Size. A projects must contain at least five dwelling units in order to be considered for a density bonus. 5. Previous Density Bonuses. The density bonus provision shall not apply to any parcel or project area which has previously been granted increased density through a General Plan amendment, zone change or other permit to facilitate affordable housing. 6. Dispersal of Affordable Units. "Affordable" or "density bonus" units shall be generally dispersed throughout a development project and shall not differ in appearance from other units 49 SUPPLEMENTAL RESIDENTIAL REGULATIONS in the development. [Draft: 4128195. 7. Regulatory Incentives. In accordance with Government Code Section 65915, in addition to a density bonus the City shall grant at least one of the following regulatory concessions and/or incentives to insure that the residential project will be developed at a reduced cost: a. A reduction or modification of City code requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 25 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. b. Approval of mixed -use development in conjunction with a multi -family residential project if commercial, office, industrial or other land uses will reduce the cost of the housing development and if the project will be compatible internally as well as with the existing or planned development in the area where the proposed project will be located. c. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. D. Procedures. The procedures for implementing this Section shall be as follows: 1. Notification to Developer. The City shall, within 90 days of receipt of a written proposal to utilize a density bonus for affordable housing, notify the developer in writing of the procedures governing these provisions. 2. CUP Required. Affordable housing projects processed under this Section shall require approval of a conditional use permit by the City Council. 3. Required Findings. In addition to the findings required for conditional use permits generally, all of the following findings shall be made by the City Council in approving any such permit granting a density bonus: a. The number of units permitted by the conditional use permit is compatible with the existing and planned infrastructure and service facilities serving the site; b. The developer has demonstrated that the density bonus and adjustment of standards is necessary to make the project economically feasible; and, c. The proposed project is compatible with the goals and policies of the General Plan and purpose and intent of this Code. 4. Development Standards. When a conditional use permit for affordable housing is approved, the site development standards specified in the permit shall supersede the otherwise applicable 50 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 4128195] development and other standards set forth for residential projects in this Chapter. 5. Agreement to Ensure Affordability. Prior to the issuance of a building permit for any dwelling unit in a development for which "density bonus units" have been awarded or incentives been given, the developer shall submit documentation which identifies the affordable units and shall enter into a written agreement with the City to guarantee their continued use by and availability for low and moderate -income households for 30 years. The agreement shall extend for more than 30 years if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. The terms and conditions of the agreement shall run with the land, shall be binding upon all successors in interest of the developer, and shall be recorded in the Office of the Riverside County Recorder. The agreement and other project documents shall also include the following provisions: a. The developer shall grant the City the continuing right of first refusal to purchase or lease any or all, of the designated units at fair market value; b. The deeds to the designated units shall contain a covenant stating that the developer or the developer's successors in interest shall not sell, rent, lease, sublet, assign or otherwise transfer any interests in such unit without the written approval of the City, confirming that the sales price of the units is consistent with the limits established for low- and moderate - income households as adjusted by the Consumer Price Index; and, c. The City shall also have the authority to enter into other agreements with the developer or purchasers of the dwelling units as may be necessary to assure that the designated dwelling units are continuously occupied by eligible households. E. Condominium Conversions. The creation or continuation of affordable dwelling units in connection with the conversion of apartments to condominiums shall be governed by the following provisions: I. Eligibility.When an applicant for approval to convert apartments to condominiums agrees to provide at least 33 percent of the total units to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code or 15 percent to lower income households as defined in Section 50079.5 of the Health and Safety Code and agrees to pay the reasonably necessary administrative costs incurred by the City in the processing of the conversion, the City may, through approval of a conditional use permit, either: (a) grant a density bonus, or (b) provide other incentives of equivalent financial value. However, nothing in this Section shall be construed to require the City to approve a proposal to convert apartments to condominiums. 2. Equivalent Financial Value. For purposes of this Section "other incentives of equivalent financial value" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval under the 51 0 3 0 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 41281951 procedures of Section ... of this Code. 3. Conditions of Approval. The City may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate 4. Ineligiblity. An applicant shall be ineligible for a density bonus or other incentives under this Section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Subsections B and C of this Section. 5. Procedures. Procedures for review of condominium conversions with affordable units shall be as set forth in Section ... as well as Subsection D of this Section. 9.60.270 Timeshare Regulations. A. Purpose. The City Council finds that timeshare facilities constitute a commercial hotel use. Due to the mixed method of operation, hybrid ownership, the potential generation of large numbers of people and vehicles, and the potential impact on the tourism -related facilities in the City, special development criteria are warranted. Also, this Section is intended to establish criteria by which timeshare facilities will function as hotels/motels. Any conversion of an existing facility to timeshare use will be required to meet the same standards as new facilities. B. Definitions. For purposes of this Section, the following definitions shall apply: 1. "Timeshare facility" means a facility in which a person receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or portion of real property for a period of time which has been or will be allocated from twelve or more occupancy periods into which the facility has been divided. A timeshare use may be coupled with an estate in the real property or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property. 2. "Person" means an individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. C. Limits on Occupancy. 1. In no instance shall a person occupy one or more timeshare units in a timeshare facility for more than thirty days. Units which do not meet such criteria shall be considered to be residential units and shall be subject to all applicable zoning restrictions. 2. Units in a timeshare facility shall not be used as a residence unless: a. The residential use is allowed by the underlying zone designation; and b. The residential use was specifically allowed by the conditional use permit or other City 52 SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft. 41281951 discretionary permit. D. Where Permitted. 1. Timeshare facilities and conversions to timeshare use are permitted subject to approval of a conditional use permit only in residential zoning districts and in the CC (Community Commercial) and CT (Tourist Commercial) districts Such facilities and conversions are expressly prohibited in all other districts. Further, the conversion of timeshare units to residential condominium uses is prohibited unless one hundred percent of the Louts in the development are converted simultaneously. 2. Timeshare facilities may include other uses, either as minor ancillary uses to the timeshare facility or independent facilities so long as the specific use is allowed by the underlying zone designation. Such uses shall meet all City laws and requirements. E. Development Standards. The following shall constitute the minimum development standards for timeshare facilities and the conversion of existing facilities to timeshare use. Additional requirements may be attached to a conditional use permit or other discretionary permit if found to be necessary to assure that the development is consistent with the purpose of this Section: 1. Setback, Height, and Lot Coverage. The minimum required setbacks and minimum height and lot coverage shall be those as established in the underlying zone designation. Additional setbacks and height and lot coverage restrictions may be required to ensure that the facility is adequately buffered from surrounding uses. 2. Parking. The minimum parking requirements for timeshare facilities shall be those required by law for hotel/motel uses, plus requirements for ancillary uses (for example, restaurants and shops). Other uses which are included in the facility, but which are not ancillary- uses, shall meet all requirements of this Code. Additional parking may be required if the design of the facility and units indicates that additional parking is necessary. 3. Signs. The sign requirements shall be those as established by Section ... of this Code. 4. Management. The management of a timeshare facility shall be in accordance with the requirements established by the California Department of Real Estate for timeshare uses. An on -site manager is required. 5. Required Facilities. The provision of facilities, amenities, or design features usually associated with hotels/motels (e.g. lobbies, check -in area, registration desks, service closets, laundry facilities) shall be required to ensure that the timeshare facility will adequately function as a hotel/motel. F. Conversions to Timeshare Uses. The following standards shall apply to conversions of existing facilities to timeshare uses: 53 tt , SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 4/28/951 1. The conversion of any type of existing unit or facility to timeshare use shall be subject to the approval of a conditional use permit. Conversions shall be evaluated in terms of the physical suitability of the units or facilities for timeshare use. Items to be considered shall include, without limitation, the general maintenance and upkeep of the structures; general physical condition of the facility; age of the structures; suitability of the units for the type of occupancy proposed; availability of kitchen facilities; the age, condition, and general repair of any recreational facility; the potential impact on nonconverting units within the facility; and conformance with appropriate building, safety, or fire standards. The upgrading of the facility may be required to mitigate any identified deficiencies. 2. All facilities converted to timeshare use shall meet all applicable City requirements, including building, safety, and fire standards. 3. The conversion of apartments to timeshare use shall be subject to the same relocation benefits as are or may be established for the conversion of apartments to condominiums. 4. Conversion to timeshare use must be explicitly permitted by any covenants, conditions and restrictions which are recorded against the property proposed to be converted. G. Application Requirements. 1. In addition to any application requirements established by Section ... [CUP section] and any other applicable requirements of this Code, the following information shall also be submitted as part of any application to develop or establish a timeshare facility: a. Typical floor plans for each timeshare unit; b. The phasing of the construction of the timeshare use; c. The type of timeshare method to be used (e.g., fee simple, leasehold, tenancy -in -common, license, membership) and how such use may be created; d. The identification of timeshare intervals and the number of intervals per unit; e. Identification of which units are in the timeshare program, the use of the units not included in the program, and the method whereby other units may be added, deleted, or substituted; f. A description of any ancillary uses which are proposed in conjunction with the timeshare facility; g. A description of the availability of the timeshare project and ancillary facilities to the general public; h. A description of the method of management of the project and indication of a contact person 54 9 kI� SUPPLEMENTAL RESIDENTML REGULATIONS or party responsible for the day-to-day operation of the project; [Draft: 4128195] i. A description of the type and operation of any other uses (residential, commercial, or recreational) which are included in the facility; j. The formula, fraction or percentage, of the common expenses and any voting rights assigned to each timeshare unit and, where applicable, to each unit within the project which is not subject to the timeshare program; lk. A description of the methods to be used to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance; 1. Any restrictions on the use, occupancy, alteration, or alienation of timeshare units; m. Copies of all enabling documentation, including, but not limited to, articles of incorporation, bylaws, declarations of covenants, conditions, and restrictions, and membership or license agreements; n. Copies of all California Department of Real Estate applications and permits, including any public report issued; o. A description of the method to be used in collecting and transmitting the transient occupancy tax to the City; p. Any other information or documentation the applicant, the Community Development Director, or the Planning Commission deems reasonably necessary to the consideration of the project, including any required environmental documents; and q. Applications for the conversion of any portion of an existing facility to a timeshare facility shall include the following information in addition to the other information required by this Subsection: (1) A properly report describing in detail the condition and useful life of the roof, foundations, and mechanical, electrical, plumbing, and structural elements of all existing buildings and structures. Such report shall be prepared by a registered civil or structural engineer, a licensed architect, or a licensed general contractor; (2) A descriptive report containing acoustical test data which indicate the noise attenuation characteristics of the existing party walls and ceilings. The data for such report shall include a sampling of at least ten percent of the dwelling units involved, but in no case fewer than two dwelling units, and shall be compiled by an independent consultant experienced in the field of acoustical testing and engineering; (3) If the conversion is of an apartment or condominium facility or any portion thereof, 55 i SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 4128195. a certified list of the names and addresses of all tenants residing in ,the project proposed to be converted at the time the application is filed, whether or not the unit in which the tenant resides will be converted; (4) A comprehensive list of all improvements, upgrading, and additional facilities proposed; and (5) A report describing all repairs and replacements needed, if any, to bring all structures into substantial compliance with the Uniform Building Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, Uniform Mechanical Code, and any other building related codes as modified and adopted by the City. 2. The information required by this section shall be reviewed by the Community Development Director, who will require its revision and resubmittal if found to be inadequate or incomplete. Any information or documentation not available at the time an application for timeshare facilities is first submitted, by agreement between the applicant and the City, may be submitted at a later date. Approval shall be subject to the required documentation being received, and the failure of an applicant to submit such documentation shall be grounds for disapproval. H. Required Notice. Public notice shall be given for all conditional use permits associated with timeshare facilities as required by this Code. In addition, in the event an apartment or condominium facility or any portion thereof is proposed to be converted to a timeshare facility, written notice shall be mailed to all persons residing in the facility, whether or not the unit in which the person resides will be converted, not less than ten days prior to the Planning Commission hearing. Such notice shall be mailed by the Planning Department at the expense of the applicant, and shall state the following: 1. The date, time, place, and purpose of the hearing; 2. Notification that if the permit is approved, tenants may be required to vacate the premises; 3. Notification that if the permit is approved, the property owner will be required to give all tenants a minimum of one hundred twenty days' notice to vacate. However, such notice shall not restrict the exercise of lawful remedies pertaining to, but not limited to, tenants' defaults in the payment of rent or defacing or destruction of all or a part of the rented premises; and 4. A description of any available relocation benefits to be provided by the project applicant. I. Required Findings. In addition to the requirements for findings of fact as established by California law or other provisions of this Code, the approval of a conditional use permit for a timeshare facility shall require the following additional findings: 1. The proposal is in conformance with the City's General Plan, this Section, and other applicable requirements of this Zoning Code; 56 _+ `3 t SUPPLEMENTAL RESIDENTIAL REGULATIONS [Draft: 41281951 2. The property is physically suitable for use as a timeshare facility; and 3. The use of the property as a timeshare facility will not cause an undue burden on adjacent and nearby property owners. J. Transient Occupancy Tax. Timeshare facilities shall be subject to all applicable provisions of Chapter 3.24 of the Municipal Code. p{YY �LAMMMO HMO O[t1YN 57 r 63 6 CHAPTER 9.80: PERMITTED NONRESIDENTIAL USES Sections: 9.80.010 Development Permits Required ................... 5 9.80.020 NR Overlay Uses .............................. 5 9.80.030 Table of Permitted Uses ........................ 5 9.80.010 Development Permits Required. Table 9-... of this Chapter specifies whether a land use or structure is permitted within a zoning district. However, in most cases development to establish a use also requires approval of a site development permit and/or other permits as set forth in Section .... 9.80.020 NR Overlay Uses. In accordance with the General Plan, no residential uses shall be established within the NR Nonresidential Overlay district except for incidental residential uses which: 1. Are apart of a larger mixed use project with predominantly nonresidential uses; 2. Are no more than 20 percent of the total project square footage;. 3. Are well integrated into the larger development, i.e. not a separate use; 4. Serve a legitimate necessary purpose for the development such as employee housing; 5. Have a high ratio of affordability; and 6. Are approved by the City as an integral part of the overall mixed use project. 9.80.030 Table of Permitted Uses. A. Uses and Structures Permitted. Table 9-...: "Permitted Nonresidential Uses", following, spec- ifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: l . "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. W": Permitted as an accessory use or temporary use if a minor use permit is approved. 5. "T": Permitted as a temporary use only. 6. "X": The use is prohibited in the district. B. Uses Not Listed in Table. Land uses which are not listed in Table 9... are not permitted unless the Community Development Director or the Planning Commission determines that such use is within one of the permitted use categories listed preceding (principal, accessory, conditional, or temporary use) in accordance with Section .... 5 3 7 PERMITTED NONRESIDENTIAL USES M� O, TABLE 9- ...: PERMITTED NONRESIDENTIAL USES DISTRICT P = Principal Use M = Minor Use Permit A =Accessary Use T =Temporary Use Permit. C= Conditional Use Permit X= Prohibited Use o u o U -a EA. U o f US 4 $ o is _ o U 0 0 U o U �`� u; LAND USE CR CP CC CN CT CO CV UM M Retail Uses Retail stores under 10,000 sq/ft floor area per business P A P P A A * P 3 Retail stores', 10,000-50,000 sq/ft floor area P X P P X X * X 7 Retail stores', over 50,000 sq/ft floor area C X C X X X * X ) Food, liquor, and convenience stores under 10,000 sq/ft P A P P A A * P floor area, open less than 18 hours/day' Food, liquor, and convenience stores under 10,000 sq/ft C X C C C X * C floor area, open 18 or more hours/day' Plant nurseries and garden supply stores, with no C X C X, X X * C propagation of plants on the premises, subject to §... (Outdoor Storage and Display) Showroom/catalog stores, without substantial onsite P P P X X X * X inventory General Services Barber shops, beauty, nail and tanning salons and P A P P P A * P similar uses Miscellaneous services such as travel services, photo P A P P P A * P developing, videotape rentals, shoe repair, appliance repair, and similar uses Laundromats and dry cleaners -- except central cleaning P X P P P X * t—P plants Printing, blueprinting and copy services P P P P P P * P Pet grooming -- without overnight boarding P X P P P I X * P ' Such as supermarkets, furniture stores, appliance stores, building material stores (except lumber yards), and similar. ' With no consumption of alcohol on the premises. * [Uses consistent with The Village at La Quinta Specific Plan -- uses to be determined after discussion w Planning Commission and staff. (May require separate table.)] 31 PERMITTED NONRESIDENTIAL USES 11 TABLE 9-...: PERMITTED NONRESIDENTIAL USES (cont.) [Draft: 41619 ` DISTRICT P = Principal Use M = Minor Use Permit "a'�'V A = Accessory Use T = Temporary Use Permit o " -E V = 9 N V " v V cl ff E 9 « u" C = Conditional Use Permit X = Prohibited Use ;oE a E E o� .SE 7E �° o EuE ° E E '>" E U U CgC� "'U U U U LAND USE CR CP CC CN CT CO CV UM M( Office Uses and Health Services T- Banks General and professional offices Medical offices -- physicians, dentists, optometrists, chiropractors, and similar practitioners Medical centers/clinics -- four or more offices in one building Surgicenters Convalescent hospitals Veterinary clinics/animal hospitals, and pet boarding (indoor only) Dining, Drinking, and Entertainment Uses Restaurants, other than drive in or-94eed it - I Restaurants, drive-in os-fea-food Restaurants, counter take-out with ancillary seating, such as yogurt, ice cream, pastry shops, and similar Bars, taverns, and cocktail lounges Dancing or live entertainment as a principal use Dancing or live entertainment as an accessory use Theaters, live or motion picture z©0000©0© Manna am E©MOO ' M© P I x I P I C I x I P I * I C I x P I A P P I P A * X I P A P C P A * x P P P P P P * P E ====MME [Uses consistent with The Village at La Quinta Specific Plan —• uses to be determined after discussion with Planning Commission and staff. (May require separate table.)] 7 0 3!1 PERMITTED NONRESIDENTIAL USES [Draft. 4/619. TABLE 9-...: PERMITTED NONRESIDENTIAL USES (cont.) P = Principal Use M = Minor Use Permit A Accessory Use T Temporary Use Permit C = Conditional Use Permit X = Prohibited Use DISTRICT o u rl a� El c�d 79 � E z� a � E �� 00 E � E >� ] y LAND USE CR CP CC CN CT CO CV UM Mt Recreation Uses _ Bowling, pool or billiard centers as a principal use C I X C X C X * X X Pool or billiard tables as accessory use (3 tables or less) A A A A A A * X X Game machines, 11 or more (as either a principal or accessory use) C X C C C X * X X Game machines as an accessory use, ten or fewer machines A A A A A A * X X Golf courses and country clubs (see GC District permitted uses, § ...) X 7f,- X X C X * X x Tennis clubs or complexes C a X C X X X * X C Health clubs, martial arts studios, and dance studios, 5000 sq/ft floor area or less M M M M M M * X A Health clubs, martial arts studios, and dance studios, over 5000 sq/ft floor area C C C C C C * X Libraries and museums P X P C P P * X I Parks, unlighted playfields, and open space P P P P P P * X I Lighted playfields X X X X X X * X Bicycle, equestrian and hiking trails P P P P P P * P Indoor pistol or rifle ranges X C X X X X * X Miniature golf/recreation centers C X X X C I X * X Assembly Uses Lodges, union halls, social clubs and senior citizen centers C C C C X X * X [Uses consistent with The Village at La Quinta Specific Plan — uses to be determined after discussion with Planning Commission and staff. (May require separate table.)] 8 040 PERMITTED NONRESIDENTIAL USES [Draft: 41619 TABLE 9-...: PERMITTED NONRESIDENTIAL USES (cont.) P = Principal Use M = Minor Use Permit A W Accessory Use T Temporary Use Permit C = Conditional Use Permit X = Prohibited Use DISTRICT o E o U "a �,� o0. U a dd o-a v� 'U -a H c U 3 a E U > S U FK. LAND USE CR CP CC CN CT CO CV UM M1 Churches, temples and other places of worship C C C C X C * X X Mortuaries and funeral homes C C C X X X * X Public and Semi -Public Uses Fire stations P P P P X P * P I Government offices and police stations P P P P P P * P I Communication towers and equipment, subject to Chapter ... C C C C C C C C Electrical substations C C C X X X * X Water wells and pumping stations C L C C X X X * X Reservoirs and water tanks X X X X X X * X Public flood control facilities and devices P P P P P P * P Colleges and universities C X X X X X * X Vocational schools, e.g. barber, beauty and similar C C C X X C * C Private elementary, intermediate and high schools C C C C C C * C Private swim schools C I X C I X X X * X Train, bus and taxi stations C X C X C X * X Helicopter pads X X X X C X * X Public or private kennels and animal shelters (with indoor or outdoor pet boarding) X C X X X X * X [Uses consistent with The Village at La Quinta Specific Plan — uses to be determined after discussion with Planning Commission and staff. (May require separate table.)] 'p4 PERMITTED NONRESIDENTIAL USES 41619_` TABLE 9-...: PERMITTED NONRESIDENTIAL USES (coot.) P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit C= Conditional Use Permit X W Prohibited Use DISTRICT d e $'U �� U �E s UU a $E %E �V H q U du E o f U E U K S a a t� o LAND USE CR CP CC CN CT CO CV UM M( Residential, Lodging, and Child Care Uses Multi -family dwellings as a primary use § ... X X X X X X * P X Residential as an accessory use, subject to § ... X X X X X X * M X Child day care facilities, centers and preschools as a principal use, subject to § ... (also, see Accessory Uses) C C C C X C* X C Senior group housing, subject to § ... C X X X I X X * X X Rooming and boarding houses C X X X X X * C X Single room occupancy (SRO) hotels, subject to § ... C X X X X X * X X Emergency shelters P P P P P P * P P Transitional shelters C X X X X X * X C Mixed -use projects: residential and office/commercial C X X N X X * C Hotels and motels C X I C X C X * X Caretaker residences M M M M M M * M h Automotive Uses (subject to §...: Outdoor Storage and Display) Gas and service stations C C C C X X * X Car washes C C C X X X * X Auto body repair and painting; transmission repair X C X X X X * X Auto repair specialty shops, providing minor auto maintenance: tire sales/service, muffler, brake, lube and tune-up svcs -- not including major engine or drivetrain repair C C C X X X * X Auto and motorcycle sales and rentals C C I X X X X * X Truck, recreation vehicle, and boat sales C i C I X X X X * X [Uses consistent with The Village at La Quinta Specific Plan — uses to be determined after discussion with Planning Commission and staff. (May require separate table.)] PERMITTED NONRESIDENTIAL USES [Draft. 416195 TABLE 9-...: PERMITTED NONRESIDENTIAL USES (cont.) P = Principal Use M = Minor Use Permit A =Accessory Use T =Temporary Use Permit C=Conditional Use Permit X =Prohibited Use DISTRICT "o a �,� Ua = v;, du o m� "a = v U -a 5 u o Urz: A U �� LAND USE CR CP CC CN CT CO CV UM MC Truck and/or equipment rentals C C X X X X * X X Auto parts stores, with no repair or parts installation on the premises P P P C X X * X X Auto or truck storage yards, not including dismantling X C X X X X * X X Private parking lots/garages as a principal use subject to §..., Parking C a: C X X X - * x - X Warehousing and Heavy Commercial Uses (subject to §... : Outdoor Storage and Display) Wholesaling/distribution centers, with no sales to consumers C P X X X X * X X General warehouses, with no sales to consumers C P X X X X * X X Mini -storage warehouses X P X X X X * X X Lumber yards, outdoor (see retail stores for indoor lumber sales) X C X X X X * X X Pest control services C C X X X X * X X Plumbing repair shops C P X X X X * X X Contractor, public utility and similar equipment/storage yards C C X X X X * X C Central cleaning or laundry plants C C C X X X * X X Communication or relay facilities/antennas as a primary use C C C C C C * C C [Uses consistent with The Village at La Quinta Specific Plan —uses to be determined after discussion with Planning Commission and staff. (May require separate table.)] 11 �A*1 PERMITTED NONRESIDENTIAL USES [Draft. 416195 TABLE 9-...: PERMITTED NONRESIDENTIAL USES (cont.) P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit C= Conditional Use Permit X= Prohibited Use DISTRICT o E u U E� d UU b -E £ H E U 3 o e U - > n U a �w o LAND USE CR CP CC CN CT I CO I CV JUM IMC Industrial and Research Uses Indoor manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, and wood X P X X X X * X X Research and development P P X X X X * X X Recording studios P P X X X X * P X Bottling plants X P X X X X * X X Sign making, except sandblasting P P X X X X * X X Sign making, including sandblasting X P I X X X X * X X Recycling centers as a primary use, collection and sorting only, subject to § ... X C X X X X * X C Offsite hazardous waste facilities, subject to § ... X C X X X X * X X Accessory Uses and Structures Portable outdoor vending uses (such as flower stands, hotdog stands, etc.), subject to §... M M M M M M * M IV Swimming pools as an accessory use M M M X A M * A A Signs, subject to § ... A A A A A A * A 1 Fences and walls, subject to § ... A A A A A A * A Antennas and satellite dishes, subject to § ... A A A A A A * A Reverse vending machines subject to § ... A A A A X X * X Recycling dropoff bins, subject to § ... M I A M M X X * X [Uses consistent with The Village at La Quinta Specific Plan -- uses to be determined after discussion with Planning Commission and staff, (Maps require separate table.)] 12 0,44 PERMITTED NONRESIDENTIAL USES If TABLE 9-...: PERMITTED NONRESIDENTIAL USES (cont.) P = Principal Use M = Minor Use Permit A = Accessory Use T = Temporary Use Permit C = Conditional Use Permit X = Prohibited Use LAND USE Incidental products or services for employees or businesses, such as child day care, cafeterias, and business support uses Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district, as determined by the Director. Temporary Uses Christmas tree sales, subject to § ... Halloween pumpkin sales, subject to § ... Stands selling fresh produce in season, subject to § ... Use of relocatable building, subject to §... Construction trailers and guard offices. subject to § ... Special outdoor events, subject to § ... Sidewalk sales, subject to § ... Other Uses Fortune telling and palmistry Adult entertainment businesses, subject to § ..' Other principal, accessory or temporary uses not listed in this Table. [Draft: 416195 DISTRICT •�a�gi rN Uv i40 oa @ o f"o �o �S U U Scg "'U U U U CR CP CC CN CT CO CV UM MC �D0000©O�i: A I A I A I A I A I A I * I A I A T I T IT I T I X I X I* X I T T T T I T I X I X * X I T T T T T X X * X T T T T T T T * T T T T T T T T * T T T T T T T T * T T T T T I T T T C X C X X X * X C X X X X X * X % Per § ..., Director or Planning Commission to determi whether use is permitted. Property must also be located within the AE (Adult Entertainment) overlay district in accordance with § .... [Uses consistent with The Village at La Quinta Specific Plan -- uses to be determined after discussion with Planning Commission and staff. (May require separate table.)] 13 04 dl CHAPTER 9.90: NONRESIDENTIAL DEVELOPMENT STANDARDS Sections: 9.90.010 Maximum Building Height ..................... 14 9.90.020 Roof Projections .............................. 14 9.90.030 Wall Projections .............................. 15 9.90.040 Table of Development Standards ................ 15 9.90.050 Irregular Lots ................................ 19 9.90.060 Setbacks from Surface Easements ............... 19 9.90.010 Maximum Building Height. For purposes of this Code, the maximum height of buildings and other structures shall be defined as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary plane shall be established above and parallel to the finish grade adjacent to the exterior walls at a vertical distance equal to the specified maximum height. This definition is illustrated in Figure 9-... following: FIGURE 9-...: MAXIMUM BUILDING HEIGHT STRUCTURE MAY NOT FENETRATE IMAGINARY FLANE II �- • � II _ II _ I I Max. j I Height II - II Max. I I t Height rior ydatts' Finish Grade Around Exte 9.90.020 Roof Projections. A. Encroachments Permitted. Notwithstanding Figure 9-... preceding, architectural features not containing usable floor space, such as chimneys, towers, gables, and spires, are permitted to extend 15 feet above the maximum structure height set forth in Table 9-... following if approved as part of a site development or other permit. The aggregate floor or "footprint" area of such architectural features shall encompass no more than ten percent of the ground floor area of the structure B. Antennas. Satellite dish or other antennas shall not extend above the maximum structure height specified in Table 9-... (see Section ... for other antenna regulations). 046 14 NONRESIDENTIAL DEVELOPMENT STANDARDS Draft: 4110195] 9.90.030 Wall Projections. A. Permitted Encroachments. Roof overhangs, chimneys, awnings and canopies may encroach a maximum of three feet into any of the required setbacks specified in Table 9-... following provided such projections do not extend over the property line. B. Prohibited Encroachments. Seating windows, balconies, exterior stairways, and similar features shall not encroach into required setbacks. 9.90.040 Table of Development Standards. Table 9-... following and Figures 9-..., 9-..., and 9-... of this Chapter set forth standards for the development of property within nonresidential districts. Notwithstanding Table 9-..., different standards shall apply if special zoning symbols, described in Section ..., are designated on the Official Zoning Map. 15 P 1 NONRESIDENTIAL DEVELOPMENT STANDARDS 4110195 TABLE 9-...: NONRESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARD DISTRICT CR" CP CC CN CT CO CV UM MC Min.- Max. Building Site (acres) n/a n/a 10 or 1-20 n/a n/a n/a n/a n/a more Max. Structure Height (ft.)' 50 35 40 35 1 40 40 ** ** 40 Max. Number of Stories 4 2 3 2 3 3 ** ** 3 Max. Floor Area Ratio (FAR)2 .35 .25 .30 .25 .25 .30 ** ** n/a From Highway 111 Right- 50/ 501 50/ n/a n/a n/a n/a n/a n/a of -Way (R/W)' 50 50 50 From all other Primary Image Corridor' Rights -of -Way ' 30/ 20 30/ 20 30/ 20 30/ 20 30/ 20 30/ 20 ** ** 30/ 20 Min. Perimeter From all other Perimeter Street Rights-of-Way 20/ 15 20/ 15 20/ 15 20/ 15 20/ 15 20/ 15 ** ** 20/ 15 Building/ Landscape Setbacks (in ft.)° From residential districts and 50/ 50/ 50/ 30/ 30/ 30/ ** ** 30/ PR, OS, & GC districts 10 10 10 IS' 15' 15' 15' From abutting cmrcl, office, 10/5 10/5 10/5 10/5 10/5 10/5 ** ** 10/5 1t. industrial, & MC projects Min. setback from interior property lines 0 0 0 0 0 0 ** ** 0 within the same project Signs and Parking See Sections ... and ... Fences and Walls See Section ... Landscaping and Screening See Sections ... and ... * Specific plan approval required for development or land division in the CR district. * * /Development standards in CV and UM Districts to be consistent with The Village at La Quinta Specific Plan -- to be determined after further discussion with the Planning Commission and staff.] ' All min. perimeter setbacks shall be increased one foot for every foot in height that bldg. is above 35'. Z FAR means the gross floor area of all buildings divided by the building site area. ' The following are applicable Primary Image Corridors as identified in the General Plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington St.) Landscape setback shall consist of landscaped area within the building setback. Number given is minimum averaize landscaped setback over the applicable street frontage. The remaining building setback may contain parking, driveways, and similar facilities. In addition to above landscape setbacks, interior landscaping shall be required as a percentage of the net project area as follows: parking areas: min. five percent; nonparking areas: min. five percent (also see Section ....). 5 For buildings over one story in CN, CT and CO Districts, setbacks shall be increased to 40/20. 0 4 sz 16 NONRESIDENTIAL DEVELOPMENT STANDARDS 4110195 FIGURE 9-... DEVELOPMENT STANDARDS: NONRESIDENTIAL DISTRICTS (EXCEPT CV AND UM) CR, CP AND CC DISTRICTS: Max. FAR's: CR=.35 CP=.25 CC=.30 Min. 50' Building Setback from Highway 111 Right -of Way Project Boundary Min. 50 landscape Setback Min. 20' 3uildin I� I Setback from a I y it Perimeter Stre R.O.W.'s (other t E a f Mi Setb . 30' Building ck from Primary t an F rimary Image Corr dors) a ImageCorridors (other m a the Highway 111) g r, � Min. 10' ape Setback I Mtn. 5' Lsrndsca Setbv4k Min. 50' Building Min. 10' Building Setback from Setback from Residential, Abutting Commercial, Office, PR, OS, and GC Districts Industrial, and MC Projects INTERIOR LANDSCAPING REQUIRED IN ALL DISTRICTS (in addition to landscape setbacks) AS A PERCENT OF NET PROJECT AREA: WITHIN PARKING AREAS: 5% WITHIN NON -PARKING AREAS: 6% Max. F>R's: CN, CT, CO, AND MC DISTRICTS: CN = .25 CT = .25 CO = .30 (MC: n/a) Project Boundary I Min. 20' 3uildin t I Setback from a I it Perimeter Streit R.O.W.'s (other ( Primary Image Corr an dors) ? Mi . 3"' Building &etc k from Primary QUatback Im gs Corridors Min. 15' La Setback (20' tw b over one story) Min. 30' Building Min. 10' Building Setback from Setback from Residential, Abutting Commercial, Office, PR, OS, and GC Districts Industrial, and MC Projects (40' for bldgs. cver one story) NONRESIDENTIAL DEVELOPMENT STANDARDS [Draft: 4110195] FIGURE 9-... DEVELOPMENT STANDARDS: CV AND UM DISTRICTS TO BE ADDED AFTER DEVELOPMENT STANDARDS ARE DETERMINED 18 �� i NONRESIDENTIAL DEVELOPMENTSTANDARDS [Draft: 41101951 9.90.050 Irregular Lots. A. Purpose.The purpose of this Section is to provide standards for the establishment and measurement of setbacks on irregular lots. B. Perimeter Setbacks. Perimeter setbacks shall be measured from theproperty line or the ultimate street right-of-way line, whichever results in the larger setback. C. Pie -Shaped Lots. Setbacks on pie -shaped lots shall be measured at the closest point between the building and the angled lot line. D. Flag or Panhandle Lots. 1. Definition. For purposes of this Section, "panhandle lot", "flag lot", "panhandle building site", and "flag building site" all mean the following: a lot or building site having its only vehicular access by way of a narrow accessway which serves no other property and which is less than 40 feet wide and more than 20 feet long. 2. Setbacks.All perimeter setbacks shall be measured from property lines, except that the property line adjacent and most perpendicular to the "panhandle" portion of the lot shall be extended across that portion and serve as the basis for measuring setbacks in that area. 3. No Structures in Panhandle. No structures shall be permitted in the panhandle portion of the lot nor shall that portion be credited to minimum lot area requirements. E. Determination by Director. Where a building site is situated such that any of the property lines are not readily determinable, required setbacks shall be as determined by the Director in compliance with the following criterion: required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses. 9.90.060 Setbacks from Surface Easements. Where a surface easement for street, vehicular access, bikeway, or recreation trail purposes has beer, granted across any portion of a lot, the building setback shall be measured from the property line or to the edge of easement, whichever is closer to the building. 19 CHAPTER 9.100: SUPP11TY \rrAL NONRFSMENTIAL REGULATIONS Sectionss: 9.100.0I0 Purpose and Intent ................ 20 9.100.150 Outdoor Lighting ............... 33 9.100.020 Parking and Signs ................ 20 9.100.160. Caretaker Residences .......... 39 9.100.030 Fences and Walls ................. 20 9.100.170 Construction Trailers and Guard Offices 39 9.100.040 Landscaping .................... 22 9.100.180 Relocatable Buildings ............ 40 9.100.050 Screening ...................... 23 9.100.190 Recycling Collection Facilities ...... 41 9.100.060 Detached Accessory Structures ....... 25 9.100.200 Trash and Recyclable Materials Storage 43 9.100.070 Satellite Dish and Other Antennas ..... 26 9.100.210 Noise Control ................. 45 9.100.080 Christmas Tree Sales .............. 27 9.100.220 Operational Standards 46 9.100.090 Halloween Pumpkin Sales ........... 27 9.100.230 Hazardous Waste and Materials ..... 47 9.100.100 Produce Stands .................. 28 9.100.240 Service Station Standards ......... 49 9.100.110 Outdoor Vendors ................. 28 9.100.250 Child Day Care Centers .......... 50 9.100.120 Outdoor Storage and Display .......... 29 9.100.260 Senior Group Housing ........... 51 9.100.130 Sidewalk Sales and Commercial Events . 30 9.100.270 Single Room Occupancy (SRO) Hotels 51 9.100.140 Special Outdoor Events ............ 31 9.100,280 Bus Stop Benches and Shelters ..... 52 9.100.010 PtaWse and Intent This Chapter sets forth requirements for outdoor storage, sidewalk sales, service stations, noise control, and other special aspects of land use in nonresidential districts. These requirements are in addition to the other regulations set forth in this Zoning Code. 9.100.020 Paining and Signs. Refer to Section ... for parking regulations and Section ... for sign regulations. 9.100.030 Fences and Walls. A. Definition For purposes of this Section, "fence" or "wall" means any type of fence, wall, retaining wall, sound attenuation wall, screen, windscreen, hedge or thick growth of shrubs or trees. The terms "fence" and "wall' are used interchangeably in this Section to mean any or all of the preceding structures or vegetation B. Meammment of Fence Height. Fence heights shall measured from the base of the fence or wall to the top on the interior or exterior side, whichever i ,except as otherwise specified in this Section. The following provisions shall also apply to the measurement of fence height: 1. Open railings, up to 48 inches high, placed on top of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement. 2. Fences 30 inches or more apart (between adjoining faces) shall be considered separate struc- tures and their heights shall be measured independently, ences less than 30 inches apart shall be considered one structure and fence height measured fro the base of the lower fence to the top of the higher feen1�ce. ri 4A,, h c, ay-" M=-, . � i 1t 4 w ik9, Ate, vr, ct vvn••-b �� s C. Ieig t . Tie construction and installation of fences shall be in compliance with 20 0 5 '4'-_,' o�d�aGe�n-b -to CL e s 164�1-.aL SUPPLE E?VTAL 0 N1 the following 1. Within the 2. Setback j =anj setback building sit either side. REGULATIONS [Dra, 1. IOK Building Area In the area of a lot where a main building may be constructed, 1 freestanding fence height shall be 12 feet. s Not Boraering Streets. The maximum height shall be six feet within any rear or side setback area not adjoining a street. However, where the elevation ng building site is higher than the base of the fence within a side or rear the height of the fence may be measured from the elevation of the adjoining the top of the fence. Fence height shall not exceed eight feet measured from 3. Setback Areas Bordering Streets, a Lle-ns a. Maximum fence height shall be 3'/z feet within the fast ten feet of the required front setback area (measured from the street). b. Where, because of the orientation of the lots, a property line fence borders both a front yard on one lot and a rear yard on the adjacent lot, the maximum height shall be six feet. c. Any portion of a building - site where vehicular access is taken shall conform to the access intersection requirements of Subsection C-4 of this Section. d. City -required sound attenuation walls bordering freeways or arterial highways may exceed six feet in heigh4 t-P apt vV-A bvI + tna C-Pm . fie.(. Depb % sr� m ma, b� f1ot� ti%�-ov�bu a�o✓� Stud-�ij . 4. Visibility a Intersections In regulating fences, it is necessary to provide open "comer cutback" areas in order to preserve motorist sight distances. Therefore, notwithstanding Subsection C-3 of this Section, maximum fence height shall be 3'/2 feet within: a. The triangular area formed by drawing a straight line between two points located on and 2n I&feet distant from the point of intersection of two ultimate street right-of-way Iines. b. Five feet of the point of intersection of an ultimate street or alley right-of-way line and the edge of a driveway or another alley right-of-way. D. Increases in Allowed Height. Fences higher than the maximums set forth in this Section may be permitted if a site development permit is approved by the Director per Section .... Any application for a fence height increase may be referred by the Director to the Planning Commission for action if the Director determines, on a case -by -case basis, that the public interest would be better served' by such referral. In addition to the findings required for approval of all site development permits, the following findings shall also be made in conjunction with approval of a fence height increase: 21 SUPPLEAMTAL NONRESIDENTIAL REGULATIONS [Daft: 10/. 1. The height and location of the fence as proposed will not result in or create a traffic hazard; and, 2. The location, size, design and other characteristics of the fence will not result in a material adverse effect on adjacent properties, including but not limited to any views available prior to construction of the proposed "over -height" fence. E. Noncor fo»ning Fences Any fence which does not meet the standards of this Section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded or its non-conformance with these standards increased 9.100.040 Landscaping. 'L I rZa 1,5 a+ t6A� A. Landscape Plats. A landscapelplan shall be prepared and implemented for all development projects. Landscaping shall consist primarily of trees, shrubs, vines, groundcoverlor any combination thereof. I n"+ Ls B. Lm&caping Stcmda dy Landscaping shall be installed and maintained in accordance with the following standards: 1. In addition to the perimeter landscape setbacks required per Section ..., interior landscaping shall be provided as follows: - S a. Landscaping equal to 9ke percent of the net project area to be provided within parking areas. b. Landscaping equal to tt� percent of the net project area to be provided within nonparking areas, such as next to buildings. c. Landscape setbacks shall not be credited toward the interior landscaping requirement. 2. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at Ieast six inches higher than the parking or vehicular area to prevent damage to the landscaped area 3. Permanent automatic irrigation facilities shall be provided for all landscaped areas. pc r pv++i cJ ! D 4. All landscaping shall bentained in a neat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and regular watering. 5. Height of landscaping along all sheets and boundaries shall comply with Section ... (Fences and Walls). W 054 r SUPPLEMENTAL NONRESIDENTIAL REGMATTONS 9.100.050 Screening [Dmft. 10/ A. Screening Required Screening shall be provided for all nonresidential uses in accordance with this Section. The Planning Commission may also require screening beyond that required in this Section as a condition of approval for a development project if it determines that such measures are necessary to mitigate adverse visual impacts created by the project. B. Screening of Mechanical Equipment. Roof mounted mechanical equipment such as air conditioning, ventilating units, ducting, roof access structures, etc. shall be screened as follows: 1. Screening shall be provided so that the highest point of the equipment is below the surrounding parapet wall or other screening enclosure such that the equipment is not visible from a horizontal line of sight. wzbaL 2. If the building roof is visible surrounding higher buildings, roof equipment shall be screened from such buildings via latticework, Gvers, or similar features unless determined unnecessary by the decision -making authority. 3. Screening enclosures shall be an integral part of the roof design and not appear as an "add - on". 4. Solar heating equipment shall be installed or screened so that the underside of the equipment is not visible from surrounding properties. 5. Wall mounted exterior roof access ladders are prohibited if visible from off site# or' V",n Pzdr.d.brta v,. acre, .,6 . . C. Screening of Facilities. Storage, trash, and loading area facilities shall be screened as follows: 1. Stonage Areas. All storage, including cartons, containers, materials, or equipment shall be screened from public view as required by Section ... (Outdoor Storage and Display). 2. Trash Am= All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with Section ... Decorative overhead structures such as trellises shall be integrated into the enclosure design if it is visible from higher terrain. 3. Loading Areas Loading platforms and areas shall be screened from view from adjacent streets and residential, open space and recreation areas. D. Screening of Property. Screening of property shall be installed in accordance with the following standards: 1. Height Standards. All screening shall comply with the height standards of Section ... (Fences and Walls). 23� `, ;- SUPPLEA10VTAL NONRESIDENTIAL REGULATIONS 11, (D►r�t: 10% Ott a ¢ ' 2. Abutting Residential and Open Space Areas Scre g shall be installed along all building site boundaries where the premises abut areas zon for residential or open space uses. Required screening shall be at least fXe feet in height except where prohibited by Section ... (Fences and Walls). S/)'C 3. Pa*Ing Along Public Streets Screening shall be installed to shield views of parking areas from public streets. Screening walls or fences may include open portions (tubular steel, wrought iron, etc.) if the decision -making authority determines that the desired screening of parking and circulation areas is still achieved. Screening shall be at least three feet in height at all points but shall be no more than 3.k feet in height where required for sight distance safety at entries and intersections. 4. Allowance for Gnxde Differential In order to take into account the effect of grade differentials on visibility, the City decision -making authority may require increased or decreased screening than that set forth in this Section if the finished elevation within five feet of the site boundary is different from -that of the building site. 5. Wall Articulation To avoid visual monotony, long straight stretches of wall or fence shall be avoided Walls and fences shall be varied by the use of such design features as offsets (i.e. jogs), open panels (e.g. containing wrought iron), periodic variations in materials, - texture, or colors, and similar measures. 6. Wall Plaiting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the decision - making authority. Plant spacing shall be appropriate to the growth habits of the selected plant species and shall be designed to provide interest and variety along the wall rather than creating a complete covering of the entire wall surface. Where the decision -making authority determines that screening is not required, walls may incorporate tubular steel, wrought iron, or other open design. 7. Screening Materials Screening shall consist of one or a combination of the following types: a. Walls A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six inches thick. Walls shall utilize durable materials, finishes, colors consistent with project buildings. s 1 20 eet m wi the base. W ay prb� 6LI eke. � � ov` _ m,% k. I v� aLr�v C �. Solid Fences �A solid fence shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. _ ..__ 1.n .'Li— A • - --L .--- - - 11- ,I,-, or 24 SUPPLEMENTAL NONRESIDENTML REGULATIONS flWt.• IW36 Platt Screens Plant materials, when used as a screen, shall consist of compact evergreen plants. Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within 18 months after initial installation. Permanent automatic irrigation shall be provided It 18 months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the Community Development Director SVI require that a wall, solid fence, or berms be installed � y 8. Signs. No signs or sign supports except those specified in the offstreet parking regulations (Section ...) shall be permitted on any required screening. 9.100.060 Detached Accessory Struchrres. ca br u� r� 'Om a. P.e� aye, +AX4nda-t A..Pennitted Accessory Structures Detached accessory structures1 are permitted on nonresidential parcels containing a primary use subject to the following requirements: 1. Height and Placement. Except as specified in. Subsection A-2 of this Section, detached accessory structures may be placed or constructed only where main buildings are permitted and shall not exceed 12 feet in height. 2. Setbwk Reductions The perimeter setback from abutting commercial, office or industrial property for a detached accessory structure may be reduced to five feet if the structure is screened from both strut and public parking area views, subject to the following requirements: a. Height. The height limit for buildings which are less than ten feet from the property line shall be ten feet. Sl� b. Screening. Screening materials shall be not less than fftre feet high and shall be in compliance with Section .... pertaining to fences and walls. Screening may consist of one or more of the following. (1) Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick. (2) Solid fences A solid fence shall be constructed of wood or other materials to form an opaque screen. 3 (4) Planting. Plant materials, when used as a seen, shall consist of compact evergreen plants„ They shall be of a kind, or used in such a manner, as to provide screening having a minimum thickness of two feet within 18 months after initial 25 or- .M i SUPPLEMEML NONRESIDENTIAL REGULATIONS [Draft: 1013 1 planting. B. Ptvhibited Locations. Detached accessory structures are prohibited in the following locations: 1. 'Where fences and walls are limited to a maximum height of 3'/z feet as specified in Section ... (Fences and Kils). 2. Within the front 50 feet or front half of any building site, whichever is less. 3. Within the panhandle portion of a panhandle building site. ,,,,, 9.100.070 Satellite Dish and Other Antennas. mtk ' t, "". �� ,,; biAi 'scat g,1Aa L . p � A. Permits Required The following permit requirements apply to antennas in nonresidential districts: b4 ►l d �",go-='P�Q- 1. All antennas require issuance of a building permit 2,. Any ground -mounted antenna which does not exceed eight feet in height, meets the setback requirements for a main building, and the requirements of Subsection B of this Section may be permitted as an accessory structure without a site development permit. All other antennas shall require approval of a site development permit. B. Development Stcmdads Antennas within nonresidential districts may be ground -mounted or building -mounted provided the following requirements are met: 1. Any antenna which is the principal use on a lot shall comply with the district setback standards for main buildings. 2. A ground -mounted antenna which is an accessory use shall be located within the rear yard or may be located within a side yard if not within the required side yard setback. Ground - mounted antennas are prohibited from exterior (street) side yards unless not visible from the street. 3. Antennas, including roof -mounted antennas, shall not exceed the building height standards for the district in which they are located 4. All antennas shall be screened from both horizontal and vertical line of sight. Decorative overhead structures such as trellises may be required if the antenna is visible from surrounding higher buildings or terrain. 5. Antennas shall be a single color that blends with the immediate surroundings. 26 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Wt. 1013 9.100.080 (bristmas Time Sales. Temporary Christras tree sales facilities are permitted subject to approval of a temporary use permit and the following requirements: 1. The facility shall not be established prior to December *,of any calendar year. 2. Such a facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations. 3. The applicant shall secure an electrical permit. 4. The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the January 8 following the applicable Christmas holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. 5. Each facility shall compl with fire prevention standards as approved and enforced by the Fire C Vv\,gy-r v� 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A frame signs, are prohibited. 9.100.090 Halloween Purnpldn Sales. Temporary Halloween pumpkin sales facilities are permitted subject to approval of a temporary use permit and the following requirements: i 1. The facility shall not be established prior to OctoberAof any calendar year. 2. Such a facility shall not engage in the sale of any merchandise not directly associated with pumpkins and Halloween decorations. 3. The applicant shall secure an electrical permit. 4. The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the November 14 following the applicable Halloween holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. 5. Each facility shall comply with fire prevention standards as approved and enforced by the 27 SUPPLE ENTAL NONRESIDENTIAL REGULATIONS [wt. 10/ r'•. l Fire Ehief. . 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. r 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A frame signs, are prohibited 9.100.100 Produce (Stands. o r� -No WYA Temporary fresh produceisales facilities are permitted subject to approval of a temporary use permit and the following requirements: or :0 LoAn,, 1. A flesh produce I sales Pj il� shall be open for business only during the season when locally grown produce is es and available for sale. The temporary use permit for a fresh produce stand shall include permitted dates of operation, up to a maximum of 90 days. 2. Such a facility may not sell items not directly associated with fresh produce. w r -go (A� 3. The applicant shall secure an electrical permit if electric power is to be provided 4. The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility by the date indicated on the temporary use permit. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. 5. Each facility shall comply with fire prevention standards as approved and enforced by the Fire Chief Y)A Arsl 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A frame signs, and light strings are prohibited 9.100.110 OuWoor'Vendors. A. Definition. Outdoor vendors include flower stands, hotdog stands, ice cream carts, and similar retail uses which utilize a movable or relocatable stand or cart for -walk up sales. The stand or cart must be of a size and design suitable for placement on a sidewalk or pedestrianway. B. Minor Use Pennit. An outdoor vendor use may be established as an accessory use in any nonresidential district upon approval of a minor use permit pursuant to Section ... All such uses shall comply with the following standards: 28 4JElift SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft. 10130 1. An outdoor vending use may only be established as accessory to the principal use on the parcel. 2. The location of the outdoor vending use shall not interfere with access to adjacent buildings or with pedestrian circulation. No portion of the vending use shall be located in a parking lot, street, or other area intended for vehicular parking, access or circulation. 3. The outdoor vending site shall not exceed 150 square feet. The vending site includes all areas separated from pedestrian access and used for vending activities, including storage. 4. Tile outdoor vending use shall not be located on public sidewalk or within a public street right-of-way. 5. The operator/owner shall obtain other necessary licenses and permits required for such activities by City ordinances. 9.100.120 Outdoor Storage and Display. A. Purpose. This Section provides regulations for the permanent outdoor storage and display of merchandise, materials and equipment. B. Where Permitted The storage and/or display of any merchandise, materials or equipment outside of an enclosed building is prohibited except where permitted in accordance with this Section, Section ... pertaining to Permitted Uses, or Section ... pertaining to sidewalk sales and special events, or where permitted by a conditional use permit. C. Equipment, Lumberau1 Storage Yads. Any uncovered equipment and/or materials storage area including vehicle storage, shall comply with the following regulations: 1. Use Permit. The establishment of any outdoor equipment or materials storage use shall require approval of a conditional use permit pursuant to Section ... 2. Location An equipment, material or storage yard use shall only be located where a main building is permitted by the applicable district regulations. 3. Screening. Outdoor storage yards shall be screened whenever they abut the boundary of the building site or are located between a building and an abutting street. The screening materials shall be not less than five feet high and shall be in compliance with Section .... pertaining to fences and walls. Screening may consist of one or a combination of the following types: a. Wa11s. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick. 29 1-16 .1 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS (eft: 1013( b. Solid fences A solid fence shall be constructed of wood or other materials to form an opaque screen. c. Open fences. An open -weave or mesh -type fence shall be combined with plant materials to form an opaque screen. d. Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, as to provide screening having a minimum thickness of two feet within 18 months after initial planting. D. Outdoor Display and Sales. Permanent outdoor sales and display areas in conjunction with retail uses such as nursery and garden supply stores or departments within retail stores shall comply with the following standards: 1. Fencing. The outdoor sales and display area shall be enclosed by a permanent wall or fence at least four feet high which obscures views from streets or public parking areas into the area. The color and materials used to fence the area shall be complementary to the color and materials used in buildings on -site. Chain link fencing is not permitted. 2. Building Design When the outdoor sales area is an extension of retail uses within an adjacent building, it shall be enclosed by a wall which is, by exterior appearance, an extension of the adjacent building. The design of the building and outdoor area shall appear as a single structure. E. Vehicle Sales. The outdoor display and sales of vehicles shall be subject to the approval of a conditional use permit in accordance with Section .... The use permit shall establish standards for each such facility. 9.100.130 Sidewalk Sales and Commercial Events. A. Purpose. This Section provides regulations for: (1) the temporary outdoor sale of merchandise by retail businesses, and (2) special outdoor commercial events within shopping centers. B. Definitions. For purposes of this Section, the following definitions shall apply: 1. A sidewalk or parking lot sale means the temporary outdoor display and sale by a retail business, of merchandise which is normally displayed indoors at the same location as the outdoor sale. 2. As pecial commercial event means the temporary outdoor display and sale of merchandise, arts and crafts shows, entertainment, or similar events within a commercial center. C. Temponary Use Permit Required Sidewalk sales and special events in commercial centers are permitted subject to issuance of a temporary use pennit and compliance with the following 30 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS provisions: [Draft: 10130 1. The application for a temporary use permit for a sidewalk sale or a special commercial event shall include a site plan indicating the location of the temporary uses and demonstrat- ing maintenance of adequate parking, site circulation and emergency access. 2. A sidewalk sale or a special commercial event may be conducted over a maximum of four consecutive days and no more than once within three calendar months at any location. Each such event shall require the approval of a temporary use permit. 3. Adequate pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway. 4. Adequate vehicle access shall be maintained around merchandise, displays, or temporary structures placed in parking areas. 5. A cash bond or other guarantee shall be posted for removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event. 6. The application shall be reviewed by the Fire Chief and the event shall comply with fire prevention standards and emergency access requirements as approved and enforced by the Fire Chief. 9.100.140 Special Outdoor Events. Special outdoor events include, but are not limited to pageants, fairs, carnivals, large athletic, religious or entertainment events, and large neighborhood or community gatherings in temporary .facilities. Such activities may be permitted in compliance with the following provisions: I. A temporary use permit shall be required for gatherings of less than 300 people. A conditional use permit shall be required for gatherings of 300 people or more. (Number of persons shall include spectators and participants.) 2. Applications for permits cr certificates required by this Section shall be referred by the Planning and Development Director to other affected City departments or other public agencies for review and comment. 3. The following findings shall be made by the decision -making authority in conjunction with approval of a temporary use permit or conditional use permit: a. The event will not be detrimental to the health, safety and general welfare of the community in the area of the proposed event. b. There is adequate area to conduct the event and to accommodate the anticipated 31 0.6 3 SUPPLEMENTAL NONRESIDENTIAL REGLEATIONS [D41: 10130] attendance. c. Sufficient parking will be provided for the anticipated attendance. d. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service have been provided. (Approval by the health officer may be required.) e. Fire protection plans and facilities have been provided to the satisfaction of the Fire Chief. f. Security plans and facilities have been provided to the satisfaction of the Sheriff. g. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. 4. Activities conducted on property owned by or leased to the city and public road rights - of -way may require an encroachment permit issued by the Public Works Director. 5. The event shall not exceed ten consecutive days. Events recurring more than four times in a calendar year are not considered temporary and shall not be eligible for approval under this Section. 6. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site to its condition before the event within seven days of the event's conclusion shall be required. 7. Other applicable permits such as building, electrical, health and tent permits, shall be obtained by the applicant. 32 C4 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 9.100.150 Outdoor Ughting. [Draft: 10130 A. Rapose. This Section is intended to provide standards for outdoor lighting which allow adequate lighting for public safety while minimizing adverse effects of lighting, such as lighting which: 1. Has a'detrimental effect on astronomical observations; and/or 2. Inefficiently utilizes scarce electrical energy; and/or 3. Creates a public nuisance. B. Applicability. All outdoor artificial illuminating devices shall be installed and operated in conformance with the provisions of this Section, plus any Uniform Building Codes presently or subsequently administered or adopted by the City. Any language contained therein which may conflict with this Section shall be construed consistent with this Section. C. Altemare Materials and Methods of Installation The provisions of this Section are not intended to prevent the use of any material or method of installation not specifically prescribed by this Section provided any such alternate has been approved. The building official may approve any such alternate provided that findings can be made that the proposed design, material or method: 1. Provides approximate equivalence to those specific requirements of this Section; or 2. Is otherwise satisfactory and complies with the intent of this Section. D. Definitions. For the purposes of this Section, certain terms are defined as follows: Individual means any private individual, tenant; lessee, owner, or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations. 2. Installed means the initial installation of outdoor light fixtures defined in this Section following the effective date of this Zoning Code. 3. Outdoor light fixtures means outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot, or flood lights for: a. Buildings and structures; b. Recreational areas; c. Parking lot lighting; d. Landscape lighting, e. Billboards and other signs (advertising or other); SUPPLEMENTAL NONRESIDENTIAL REGULATIONS f. Street lighting; g. General area and yard lighting. E. Geneid Requirements. [Dnfl: 10130] 1. Shielding. All exterior illuminating devices, except those exempt from this Section and those regulated by Subsection F of this Section shall be fully or partially shielded as required in the table contained in this Subsection. a. "Fully shielded" means the fixture shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted, thus preventing the emission of light above the horizontal. b. "Partially shielded" means the fixture shall be shielded in such a manner that the bottom edge of the shield is below the plane center line of the light source (lamp), minimizing the emission of light rays above the horizontal. 2. Filtrzgion. Those outdoor light fixtures requiring a filter per the table following shall be equipped with a filter consisting of a glass, acrylic or translucent enclosure. Quartz glass does not meet this requirement. 3. Requirements for Shielding cmd Filtering. The requirements for shielding and filtering light emissions from outdoor light fixtures shall be as set forth in the following table: TABIE 9-...: REQUIREAHNIS FOR SEMKLDING AND FILTERING OF OUTDOOR UG ING (see also footnotes following table) FDCIURE LAMP TYPE SHIELDING REQUMENIIVT FILTERING REQUHUMEIIISW Low Pressure Sodium? Partially None High Pressure Sodium Fully None Metal Halide' Fully Yes Fluorescent Fullya Yes5 Quartz' Fully None Incandescent, greater than 160 watts Fully None 34 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS ptgt: 101301 F C11M LAW TYPE SHIELDING REQUIIUN ENT FEL ERING REQUHWdDW Incandescent, 160 watts or less None None Mercury Vapor Fully? Yes' Fossil Fuel None None Glass tubes filled with neon, argon, or krypton None None [Other Sources As required by the Building Official Footnotes: ' Most glass, acrylic, or translucent enclosures satisfy these filter requirements. Quartz glass does not meet this requirement. 2 This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations. 3 Metal halide display lighting shall not be used for security lighting after eleven p.m. (or after closing hoTm if before eleven p.m.) unless fully shielded. Metal halide lamps shall be in enclosed luminaries. ° Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding.. 5 Warm white and natural lamps are preferred to minimize detrimental effects. 6 For the purposes of this Section, quartz lamps shall not be considered an incandescent light source. Recommended for existing mercury vapor fixtures. The installation of new mercury fixtures is prohibited. F. Prohibited Lighting. 1. Secrhlights. The operation of searchlights for advertising purposes is prohibited unless a temporary variance has been granted by the City Council. 2. Outdoor Building/Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing, or other purpose is prohibited except with incandescent fixtures less than 160 watts, fossil fuels, and/or glass tubes (see table in Subsection E of this Section) 3. New Memwy Vapor Installations. The installation of mercury vapor fixtures is prohibited. All existing mercury vapor lights installed shall be fully shielded. G. Procedures for Compliance. 35 fi 7 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 1. Applications. Prcgt: 10136 a. Any individual intending to install outdoor lighting fixtures (other than incandescent of 160 watts or less) shall submit an application to the Planning and Development Department, building division providing evidence that the proposed work will comply with this Section. b. Any individual applying for a building permit, use permit, specific plan or plot plan or final subdivision tract, intending to install outdoor lighting fixtures (other than incandescent of 160 watts or less) shall as a part of the application submit such evidence as may be requested that the proposed work will comply with this Section. c. Utility companies, lighting or improvement districts entering into a duly approved contract with the City in which they agree to comply with the provisions of this Section shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting. 2. Contents of Application The application shall contain, but shall not necessarily be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in the City regulations for the required permit: a. Plans indicating the location on the premises and the type of illuminating devices, fixtures, lamps, height, supports, and other devices. b. Description of the illuminating devices, fixtures, lamps, supports, shielding, filtering and other devices. This description may include but is not limited to, wattage, lighting output, manufacturer's catalog cuts, and drawings (including sections where required). c. The above required plans and descriptions shall be sufficiently complete to enable the building official to readily deternune whether compliance with the requirements of this Section will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab. 3. Issuance of a Pennit. Upon the determnation that the installation will be in compliance with the requirements of this Section, the Building Official shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application. 4. Appeals. Appeal procedures of the zoning regulations for decisions of the Building Official shall apply. 36 f-)16 8 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [D�t. 101301 5. Amendment to Pennit. Should the applicant desire to substitute outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the Building Official for approval, with adequate information to assure compliance with this Section. H. Exemptions. 1. Nonconfonning Fixtures. All outdoor light fixtures existing and fully and legally installed, prior to the effective date of this Zoning Code may remain in use as nonconforming structures indefinitely provided, however, that no change in use, replacement, structural alteration, or (after abandonment) no restorations of outdoor light fixtures shall be made unless it thereafter conforms to the provisions of these regulations. 2. Fossil Fuel Light. Light fixtures using fossil fuel (i.e. Light produced directly or indirectly by the combustion of natural gas or other utility type fossil fuels) are exempt from the requirements of this Section. 3. Federal, State and County Facilities. Those facilities and lands owned and operated or protected by the federal government or the state of California or the County of Riverside are exempted by law from all requirements of this Section. Voluntary compliance with the intent of this Section at those facilities is encouraged. 4. Recreational Facilities. The illumination of outdoor recreational facilities, public and private, is exempt from the requirements of this Section with the following limitations: a. The light fixtures for outdoor recreational facilities shall meet the shielding requirements in the table in Subsection E of this Section. b. No such outdoor recreational facility shall be illuminated by nonconforming means after ten p.m. except to conclude a specific recreational or sporting event or any other activity conducted at a ball park, outdoor amphitheater, arena, or similar facility in progress prior to ten p.m. 5. Special Exemption. The Director may grant a special exemption to the requirements of the table in Subsection E of this Section only upon a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that will otherwise suffice. I. Tempom y Exemptions. 1. Request for Tempon-ry Exemptions. Any individual may submit a written request on a form prepared by the Planning and Development Department to the Building Official for a 37 f) f3 9 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 10130] temporary exemption to the requirements of this Section. Such exemptions shall be valid for thirty days. The request for temporary exemption shall contain, at a minimum, the following information: a. Specific exemptions and justification for exemptions requested; b. Type, use, and hours of operation of exterior light involved; c. Duration of time for requested exemption; d. Type of lamp and calculated lumens; e. Total wattage of lamp or lamps; f. Proposed location and heights of exterior light; g. Physical size of exterior lights and type of shielding and/or filtering provided; h. Previous temporary exemptions, if any. 2. Additional Infonnation In addition to the information required in Subsection I-1 of this Section, the Building Official may request any additional information which would enable the Building Official to make a reasonable evaluation of the request for temporary exemption. 3. Appeal_ or Tempontry Exemption The Building Official, within five days from the date of the properly completed request for temporary exemption, shall approve or reject in writing the request. If rejected, the individual making the request shall have the right to appeal to the Planning Commission for review pursuant to the procedures applicable to any other appeal of a decision of the Building Official. 4. Extension of Temporay Exemption Any individual requesting a temporary exemption for a period greater than thirty days, or an extension beyond the original thirty day period for a temporary exemption shall apply for a conditional use permit to the planning commission and City Council. The conditional use permit application shall contain (in addition to other use permit requirements) the information specified in Subsections A through C of this Section. J. Public Nuisance. Any light fixture installed after the effective date of this Zoning Code which violates the provisions of this Section constitutes a public nuisance and shall be abated. K. Premises Identification 1. Street numbers or addresses assigned by the City or the County shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. 38 SUPPLEMENTAL NONRESIDENTIAL REGUATIONS (Draft: 101301 2. All dwelling units shall have a wall mounted internally or externally illuminated address sign displayed in a prominent location. The illumination source for the address sign shall be controlled by a photocell sensor or a timer. As an option, the address sign may be attached to a single -residence mail box pedestal with the same illumination source as stated above. If this option is chosen, both sides of the mailbox shall have said address numbers displayed. 9.100.160 Caretaker Residences. Caretaker residences may be developed in any nonresidential district for the exclusive use of personnel employed for the maintenance and security of the principal use subject to the approval of a minor use permit pursuant to Section ... and the following standards: 1. The caretaker residence shall be located in a building which complies with all building setbacks established for the district in which it is located. 2. The residence shall be no more than 600 square feet in floor area 3. The residence may be a portion of a building primarily devoted to nonresidential uses or may be a separate building. If it is a separate building, the location, design and materials of the residence shall be consistent and integral with the site plan and building design for the principal use. 4. Two off-street parking spaces shall be provided in addition to the parking required for the principal use(s). 9.100.170 Constriction T aileis and Guaid Offices. The temporary placement of a trailer or relocatable building or the temporary use of a permanent structure on an active construction site for use as a construction and/or watchman's quarters, and the establishment of a materials and equipment storage yard, shall be permitted subject to approval of a temporary use permit and the following requirements: 1. Placement. The office shall not be moved onto the site nor otherwise established until issuance of a precise grading permit or, if there is no grading permit, until issuance of the building permit. 2. Removal. Any trailer or temporary building shall be removed from the site prior to the issuance of certificates of occupancy for the last new building on the site. 3. Conversion Any permanent structure or portion of a permanent structure devoted to 39 071 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 10130, temporary uses shall be converted to a permitted use prior to the issuance of certificates of occupancy for the final buildings to be constructed. 4. Use of Existing Building During Construction The use of an existing lawfully established building may continue during construction or relocation of another building on the same building site upon approval of a temporary use permit and compliance with the following provisions: a. Prior to occupancy of a new building, the existing building shall be brought into conformity with any additional regulation rendered applicable by the placement of a new building on the site. Conformity shall be accomplished by removal, reconstruction, re- location, conversion, change of use or any combination thereof. b. The Director shall require the landowner to provide a guarantee, which may include a bond, to ensure full compliance with the zoning regulations upon completion of the new building or sooner if, in the Director's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued. 5. Utilities. The office shall be supplied with an electric meter and sewer and water facilities. 9.100.180 Relocatable Buildings. A relocatable building or trailer may be permitted to serve as any use permitted in the applicable zoning district subject to the approval of a temporary use permit application and the fol- lowing additional provisions: 1. The temporary use permit application shall include the following: a. A description of the proposed uses and operating characteristics for all uses on the site, both temporary and permanent. b. A plot plan showing the location of all uses and structures, both temporary and permanent. c. Supplementary exhibits, as required by the Director to adequately review the proposal, such as building elevations, landscaping, grading, access, and utility service. 2. A temporary use permit for a relocatable building or trailer may be conditionally approved and failure to comply with the required conditions shall be grounds for the revocation of the permit. 40 +� SUPPLEAENTAL NONRESIDENTL4L REGULATIONS [Draft: 10130] 3. A cash bond for per each relocatable building or trailer shall be posted with the Director to guarantee removal of each coach from the site upon expiration of the temporary use permit. 4. A temporary use permit for a relocatable building shall be approved for a maximum of two years from date of approval. 9.100.190 Recycling Collection Facilities. A. Drop-off Bins and Reverse Vending Machines. Drop-off bins and reverse vending machines for the collection of non -hazardous household materials (eg., cans, bottles, paper, etc.) for recycling purposes may be established as an accessory use to an existing primary use in any nonresidential district. If located outside of a building, a minor use permit approved pursuant to Section ... shall be required for drop-off bins in the CR, CC, and CN districts. All such outdoor facilities shall comply with the following standards: 1. Lro Off Bins. Drop-off bins shall be established only in conjunction with an existing nonresidential use which is in compliance with zoning, building, and fire codes. a. The drop-off facility shall be no larger than 500 square feet, not including space that is periodically used to remove materials or replace containers. It shall comply with the building setbacks for the district and shall not occupy parking spaces required by the primary use. b. The facility shall be screened from view from public streets and primary parking areas. c. The facility shall not obstruct pedestrian, vehicular, and emergency access. d. The bins shall be constructed and maintained with durable waterproof and rustproof materials, covered and secured from unauthorized entry or removal of materials when the facility is closed, and shall be large enough to accommodate the materials collected and the collection schedule. Any deposit or storage of materials outside of the containers is prohibited. e. The facility shall be maintained free of odor, litter and other nuisances, on a daily basis. A trash receptacle shall be located adjacent to the drop-off facility for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the drop-off facility regularly. f. Facilities within 100 feet of a property zoned or occupied by residential uses shall operate only between the hours of 9:00 am and 7:00 pm. 41 SUPPLEMENTAL NONRESIDENTUL REGULATIONS [Draft: 10130J g. Containers shall be clearly marked to identify the type of materials which may be deposited. The facility shall be clearly identified with the name and telephone number of the operator and hours of operation, and shall display a notice that no material shall be left outside the recycling enclosure or containers. Total signage shall not exceed 16 square feet and shall not be illuminated. 2. Reverse Vending Machines. Reverse vending machines shall only be established in conjunction with an existing nonresidential use which is in compliance with the zoning, building, and fire codes. a. Machines shall be located adjacent to the main building on the site and within 30 feet of the entrance to the primary use and shall not obstruct pedestrian or vehicular circulation. b. Machines shall not occupy any parking spaces required by the primary use. c. Machines shall occupy no more than 50 square feet of floor or ground space per installation, including any protective enclosure, and shall be no more than eight feet in height. d. Machines shall be clearly signed to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call, if the machine is inoperative. Sign area shall be limited to four square feet per machine and shall be located on the machine. e. The installation shall be maintained free of litter and odor at all times. A trash receptacle shall be located adjacent to the machine(s) for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the recycling facility regularly. B. Recycling Collection Centers. Recycling collection centers may be permitted in the CP and MC districts with approval of a conditional use permit pursuant to Section ... Such facilities may accommodate non -hazardous recyclable materials collection and packaging for bulk transport only. Any activity involving hazardous materials or waste shall be subject to the provisions of Section ... (Ha:mdous Waste cmd Materials). No reprocessing or recycling of materials into new products shall be permitted. All such facilities shall comply with the following standards: 1. The collection center shall be screened from public view by operating within an enclosed building or within a screened outdoor yard on a site which complies with the landscaping and screening standards of Sections 9... and 9.... SUPPLER EI'TAL NONRESIDENTIAL REGULATIONS [Draft: 1013( 2. The facility shall comply with the setback requirements of the applicable zoning district pursuant to Section .... 3. All exterior storage of materials shall be in sturdy containers and the facility shall be secured from unauthorized entry or removal of materials when the facility is closed. Any containers provided for after-hours drop-off shall comply with the standards for drop-off facilities set forth in Subsection A 1 of this Section. 4. The facility shall be maintained free of odor, litter and other nuisances at all times. If the facility accommodates public drop-off of materials, separate access routes and parking/unloading areas shall be provided for public drop-off and for commercial truck traffic. 9.100.200 Trash and Recyclable :Materials Storage. A. Purpose. This Section is intended to implement the provisions of state Public Resources Code Section 42900 et seq which requires local jurisdictions to provide regulations governing adequate areas for collection and loading of recyclable materials in multiple family residential and nonresidential development projects. This Section also addresses the related subject of common trash areas in such projects. E. Recycling Contcdners Required In addition to standard trash receptacles, recyclable materials receptacles of sufficient volume to meet the needs of the project shall be provided by the following developments: 1. Any new multiple family residential with five or more units and a common solid waste collection area; 2. Any new single family residential area with a common solid waste collection area serving five or more units; 3. Any new nonresidential project; and, 4. Any existing multiple family project of five or more units, or nonresidential project which expands by 30 percent or more in floor area C. Recycling Plan Required Each nonresidential development which is required to provide recycling containers under the provisions of this Section shall submit a recycling plan to be processed in conjunction with the site development permit pursuant to Section .... The recycling plan shall include a description of the anticipated materials and volumes to be recycled and a description 43� ''� SUPPLEMENTAL NONRESIDENTIAL REGULATIONS flk3ft. 10130J of the facilities to be provided for collecting general refuse and recyclable materials. D. Trash Enclosure Required Nonresidential developments and attached and multi -family residential projects with common trash areas shall locate trash and recyclable materials containers within an enclosed area Enclosures for trash and recycling containers shall comply with the following standards: Enclosure Placement. Separate enclosures shall be provided for trash and recyclable materials in nonresidential districts. The enclosures shall be: a Located within 250 feet of all businesses served by the enclosure. b. Directly available to collection vehicles via alleys or driveways to avoid the necessity of substantial hand carrying of containers or hand pushing of dumpsters; and, c. Located substantially away from public viewscape, pedestrian and vehicle circulation areas unless determined infeasible by the decision -making authority. 2. Enclosure Design Enclosures shall be constructed on a concrete pad and be of an adequate size to accommodate the containers they enclose, per disposal company standards. Access to the containers for collection shall also meet disposal company requirements. Enclosure walls shall be at least six feet high and shall be made of strong, durable materials consistent with the colors and finishes of nearby buildings. Doors shall be self -latching, metal or metal -framed, and of heavy duty construction sufficient to withstand hard usage. Interior concrete or metal curbs shall be included to prevent damage to the enclosures walls from collisions with large, heavy containers. Decorative overhead structures such as trellises shall be integrated into the design if the enclosure is visible from higher terrain. E. Weather Protection. Each enclosure or individual container shall be designed and maintained so that deposited materials are contained during windy periods. Enclosures or containers designated for recyclable materials which could be damaged or be rendered unmarketable by rain or other environmental conditions shall provide adequate protection against such conditions. F. Maintenance. Each enclosure shall be maintained to preserve its appearance and function and to minimize litter, odor and other nuisances. Trash and recyclables shall be collected regularly. 9.100.210 Noise Control. A. Purpose. The noise control standards for nonresidential land use districts set forth in this 44 a SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Dn3ft: 101301 Section are established to prevent excessive sound levels which are detrimental to the public health, welfare and safety or which are contrary to the public interest. B. Noise Standh ds. Exterior noise standards are set forth below. Residential property, schools, hospitals, and churches are considered noise sensitive land uses, regardless of the land use district in which they are located. All other uses shall comply with the "Other Nonresidential' standard. All noise measurements shall be taken within the receiving property at locations determined by Director to be most appropriate to the individual situation. EXTERIOR NOISE STANDARDS Receiving Land Use Noise Level Time Period Noise Sensitive 55 dB(A) 7:00 am. - 10:00 p.m. 50 dB(A) 10:00 p.m. - 7:00 am. Other Nonresidential 65 dB(A) 7:00 am. - 10:00 p.m. 60 dB(A) 10:00 p.m. - 7:00 am. If the noise consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this Section shall be reduced by five dB(A). C. Noise Limits. It shall be unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured on any adjacent receiving property, to exceed: 1. The noise standard for a cumulative period of more than 30 minutes in any hour; 2. The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour; 3. The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; 4. The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or 5. The noise standard plus 20 dB(A) for any period of time. 45 ` " SUPPLEMENTAL NONRESIDENTIAL PEG 6ZATIONS [Drrgrt 101301 D. Ambient Noise Level. If the ambient noise level exceeds any of the preceding noise categories, no increase above the ambient noise level shall be permitted. 9.100.220 Operational Standards. All uses and developed properties within any nonresidential district shall comply with the following standards for development, operation and maintenance. 1. Equipment. All ground mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties. 2. Utilities. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. 3. Electrical Disturbance, Heat cmd Cola Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot. 4. Fire and Explosive Hazani All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and fire fighting devices to the specifications of the Uniform Fire Code. All incineration is prohibited. Smoke detectors shall be installed in all new construction as required by City Code. 5. Radioactivity. In all nonresidential districts, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical X ray diagnostic equipment. 6. Vibn-gion No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located. 7. Energy Conservation Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access when practical. Buildings should be designed to minimize energy consumption. 8. Toxic Materials. No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials. 46 fl j SUPPLEMENTAL NONRESIDENTIAL REGULATIONS Praaft. 10130j 9. Liquid or Solid Waste. No discharge of liquid or solid wastes, at any point into public sewer, private sewage system, stream, stone drain or into the ground shall be permitted, except in accordance with the standards approved by the state Department of Health and/or specified by the sewage utility provider. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces, such as wind or rain. Any wastes which could be attractive to rodents or insects shall be stored outdoors only in closed containers. 9.100.230 Hazaidous Waste and Materials. A. Purpose. This Section provides regulations to satisfy the requirements of state Health and Safety Code Section 25100 et seq and state Administrative Code Title 22 regarding the handling and disposal of hazardous waste and materials. B. Haradous Materials. In addition to the requirements for each zoning district, the following requirements apply to the land uses listed in Subsection C of this Section: 1. Hmanious Waste Management. Prior to issuance of a certificate of occupancy for any land use listed in Subsection C of this Subsection, the applicant shall provide plans or identify measures to comply with in a manner approved by the health care agency and sewering agency. 2. Underground Storage Tanks. Prior to issuance of a certificate of occupancy for any land use which includes underground tanks to store any hazardous materials, the applicant shall provide plans or identify measures to comply with state Health and Safety Code Section 25280 et seq and state Administrative Code Title 23 in a manner approved by the health care agency. C. Applicability. The requirements of Subsection B of this Section pertaining to hazardous materials shall apply to the following land uses: 1. Automotive and vehicle maintenance, repair or painting. 2. Chemical and commercial cleaning product distribution or sales. 3. Cleaners, self-service laundries and vehicle washes. 4. Home improvement product, lumber and hardware sales. 5. Manufacturing. 6. Medical facilities. 7. Metal plating. 8. Mining and extraction. 9. Nurseries. 10. Oil and gas exploration and extraction. 47" SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft.- 101301 11. Paint and finishing product sales. 12. Photo processing. 13. Recreation facilities such as golf courses, yacht clubs and amusement parks. 14. Recycling or resource recovery with potential for contact with hazardous materials. 15. Research, laboratory and testing facilities. 16. Service stations. 17. Transportation service facilities. 18. Utilities. 19. Waste disposal and treatment operations. 20. Wrecking and salvage facilities. 21. Other generation of hazardous waste, including materials to be disposed of by sanitary sewer. D. Offsite Hmardlous Waste Facilities. 1. Definition For the purposes of this Section, the term offsite hczcnrious ivaste facility means any structures, other appurtenances, or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, including but not limited to: a. Incineration facilities (i.e. rotary kiln, fluid bed, etc.); b. Residual repository (i.e. receiving only residuals from hazardous waste treatment facilities); c. Stabilization/solidification facilities; d. Chemical oxidation facilities; e. Neutralization/precipitation facilities; or f. Transfer/storage facilities. 2. Where Pennitted Offsite hazardous waste facilities may be established in the CP district if a conditional use permit is approved in accordance with Section .... Such facilities shall be subject to the requirements of Subsection B of this Section. In addition, all such facilities shall comply with the siting standards and approval procedures established by the Riverside County Hazardous Waste Management Plan and shall be subject to the provisions of Section 25135 et seq of the state Health and Safety Code. E. Authority to Suspend Operations Approval of any hazardous waste treatment, storage, disposal or transfer facility as a use consistent with the purpose and intent of any zoning district shall be subject to the requirement that continuing authority be vested in the fire department or health care agency to suspend operations for public safety reasons. 9.100.240 Service Station Standards. 48 08 f I SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Wt. 10130] A. Use Pennit Required Gas and service stations may be permitted in the CR, CP, and CC districts subject to approval of a conditional use permit and the use and design standards of this Section. All uses to be placed on the service station site (e.g., mini -market, sale of alcoholic beverages, etc.) must be specifically included in the conditional use permit approval. B. Signs. Service station signage shall be in accordance with Section .... C. Hazarlous Materials. All service stations shall comply with the requirements of Section pertaining to hazardous materials and underground storage tanks. D. Stmdads for Service Stations without Repair Facilities. 1. Permitted Uses. Permitted uses include: sale of petroleum products, including fuel and oil, related automotive accessories, and similar retail uses; and, automobile services such as washing and detailing. The following uses are specifically prohibited: sale of tires and batteries and similar products for which necessary facilities for installation and disposal of used materials are not present; automobile or equipment repair, storage, or renting. All retail uses except petroleum dispensing shall occur within a building and all service uses shall occur in a specific location designated in the approved conditional use permit. 2. Storage and Display. All merchandise shall be stored and displayed within the service station building. 3. Screening. An opaque screen at least six feet in height shall be installed along all site boundaries which abut residentially zoned properties. Screening along all street boundaries shall be a minimum of 36 inches high, including any site elevation difference. Screening shall consists of a wall, including retaining walls, an earthen berm with landscaping or any combination thereof. All screening shall comply with the height standards in Section ... pertaining to walls and fences. E. Standazls for Service Stations with Repair Facilities. Additional Uses Pernitted Permitted uses include those for service stations without repair facilities plus minor vehicle service and repair (e.g., tuneup, lubrication, battery and tire sales and service). The following uses are specifically prohibited: major repair and rebuilding, transmission repair, autobody repair or painting, automobile or equipment storage or renting. All retail and repair uses except petroleum dispensing shall occur within a building and all non -repair service uses shall occur in a specific location designated in the approved conditional use permit. 2. Storage and Display. All merchandise shall be stored and displayed within the service station 49 () Q J SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 101301 building. 3. Reverse Mode Required All service stations which include service bays shall be designed in the "reverse" or "backup" mode, i.e. service bay openings oriented away from streets. 4. Screening. Screening requirements shall be the same as for service stations without service bays. F. Removal of A bcmdoned Stations. Any service station which is closed for more than twelve consecutive months shall be deemed abandoned and shall be removed from the site at the expense of the property owner including the removal of buildings and structures and all underground storage tanks and any necessary site remediation due to tank leakage or other aspects of the service station use. 9.100.250 Child Day Care Centers. Child day care centers or preschools in nonresidential districts shall conform to the following requirements regardless of the number of children served by the facility: (1) A conditional use permit shall be required to establish a child day care center in accordance with Sections ... and.... In addition, all facilities shall comply with this Section and with any additional requirements imposed as part of the conditional use permit or by any other applicable permit. (2) All facilities shall be operated in accordance with state and local health, safety, and other regulations. (4) Outdoor activities shall be limited to the hours between 8:30 a.m. and 7:00 p.m. (5) All facilities shall provide an onsite pickup/dropoff area In addition, there shall be an onsite vehicle turnaround or alternatively, separate vehicle entrance and exit points. (6) All signs, parking, and outdoor lighting shall comply with the applicable regulations set forth in Sections ..., ... and ..., respectively. (7) All facilities shall comply with the development standards of the district in which they are located, as set forth in Section ... 50 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 9.100.260 Senior Group Housing. [Draft: 10130i Senior citizen group housing projects in nonresidential districts shall conform to the following requirements: (1) Residential occupancy shall be limited to single persons 55 years of age or over or couples with at least one partner 55 years of age or over. (2) The project may provide, for the exclusive use of the residents, central cooking facilities, common dining room(s), central laundry facilities, a beauty shop, a barber shop, and a pharmacy not exceeding 1000 square feet in floor area (3) All facilities shall be operated in accordance with state and local health, safety, and other regulations. (4) All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety equipment as specified by the Fire Chief and/or state regulations. (5) All signs, parking, and outdoor lighting shall comply with the applicable regulations set forth in Sections ..., ... and ..., respectively. (6) All projects shall comply with the development standards of the district in which they are located as set forth in Section ... 9.100.270 Single Room Occupancy (SRO) Hotels. Single room occupancy hotels (SRGs) shall conform to the following requirements: (1) Occupancy shall be limited to maximum two persons per unit. Minimum unit sizes (not including toilet compartment) shall be: one person: 150 square feet. two persons 175 square feet. (2) Each SRO unit shall be provided with the following minimum amenities: a. Kitchen sink with garbage disposal. b. A toilet and sink located in a separate room within the unit that is a minimum 20 square feet. c. One closet per person. d. Telephone and cable TV hookups. 51 0 { rl c .,10 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS [Draft: 10130i (3) If full bathrooms are not provided in each unit, shared showers shall be provided on each floor at a ratio of one per seven occupants or fraction thereof on the same floor, with doors lockable from the inside. (4) If full kitchens are not provided in each unit, shared kitchen facilities shall be provided on each floor consisting of a range, sink with garbage disposal, and refrigerator. (5) If laundry facilities are not provided in each unit, common laundry facilities shall be provided, with one washer and one dryer for every 25 units for the first 100 units and one washer and one dryer for every 50 units over 100. (6) Elevators shall be required for SRGs of two or more stories. () A manual fire alann system and a fully automatic fire suppression system, including a central monitoring system, alarm and fire annunciator, shall be designed and installed to the satisfaction of the Fire Chief. 9.100.280 Bus Stop Benches and Shelters. The erection, placement, construction and maintenance of bus benches and bus shelters are regulated by Section ... et seq of the La Quinta Municipal Code. 52 084 CHAPTER 9.300: DEFINITIONS 9.300.010 Purpose and Applicability. This Chapter shall be known as the Zoning Code definitions. The purpose of these provisions is to promote consistency and precision in the interpretation of this Code. The meaning and construction of words and phrases as set forth shall apply throughout this Code except where the context of such words or phrases clearly indicates a different meaning or construction. 9.300.020 Use of Terms. A. Rules for Construction of Language. The following general rules of construction shall apply to the textual provisions of this Code: 1. The specific shall supersede the general. 2. The word "shall" is mandatory. The word "may" is discretionary. The word "should" identifies a regulation or design guideline which must be followed in the absence of compelling opposing considerations identified by the City decision -making authority. 3. In the case of any difference of meanings or implication between the text regarding a provision of the Code and any title, heading, caption, or illustration, the text shall control. 4. Unless the context clearly indicates otherwise, words used in the present tense include the future, words used in the singular include the plural, and words used in the plural include the singular. 5. Unless the context clearly indicates otherwise, certain conjunctions shall be interpreted as follows: a. "And" indicates that all connected items or provisions shall apply. b. "Or" indicates that the connected items or provisions may apply singly or in any combination. c. "Either ... or" indicates that the connected items or provisions shall apply, but not in combination. 6. Unless otherwise indicated, all public officials, bodies and agencies to which reference is made are those of the City of La Quinta. B. Time Periods. The use of the term "days" to describe a specific time period does not include the day the action was taken but does include all subsequent days unless the last day falls upon a Saturday, Sunday, or a legal City holiday, in which case the next business day shall be the last day of the time period. r- DEFINITIONS 9.300.030 Definition of Terms. 3127195 Abandoned means a structure or use, the development or operation of which has been ceased or suspended. Abutting or adjacent means two or more parcels sharing a common boundary at one or more points. Accessory building or structure means a building or structure, the use of which is subordinate and incidental to the main building or use on the same parcel. Accessory use means a land use subordinate and incidental to the principal use on the same parcel. Actual construction means the actual placing of construction materials in their permanent position fastened in a permanent manner except that where a basement is being excavated, such excavation shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved. Administrative off ce means a place of business for the rendering of service or general administration, but not including retail sales. Adult business or adult entertainment business. See section Advertising device or display. See sign definitions, section .... Alley means a public or private way not more titan 20 feet "`' ' permanently reserved as a secondary means of access to abutting property. Alteration means any physical change in the internal or external composition of a building or other structure. Animal hospital or animal clinic. See veterinary clinic. Antenna means a device for transmitting or receiving radio, television, satellite, microwave, or any other transmitted signal. Apartmentmeans a dwelling unit within an apartment building designed and used for occupancy by one family on a rental basis. Apartment building or Apartment project means a building or group of buildings in a single ownership with three or more dwelling units per building and with most or all units occupied on a rental 2 DEFINITIONS [Draft: 3127195 basis. Area, project net. See Project net area. Attached structures means two or more structures which are physically connected with a wall, roof, deck, floor, bearing or support structures, trellises, architectural features or any other structure, fixture or device that exceeds 30 inches in height above the finished grade. Attached dwelling or attached residential. See Dwelling, attached. Automobile repair specialty shop means a retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition. Automobile service station. See gas station. means a retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day- to-day operation of motor vehicles. A convenience store or minimart accessory to the automotive use may be included. Automobile wrecking or Automobile dismantling means the storage or taking apart of damaged or wrecked vehicles or the sale of such vehicles or their parts. Awningmeans a roof -like cover that is attached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements. Basementmeans a habitable building level which is partly or completely underground. A basement shall be counted as a building story if more than five feet of the height of any portion is above adjoining finish grade. Bed and breakfast or T & B" means an establishment primarily engaged in providing temporary lodging (i.e. less than 30 days) for the general public with access provided through a common entrance to guest rooms having no cooking facilities. Meals may or may not be provided. Bedroom means any habitable room other than a kitchen, bathroom, hallway, dining room, or living room. Berm means a mound or embankment of earth. Billboard. See sign definitions in section Boarding house means any building or portion thereof with access provided through a common o DEFINITIONS [Draft: 3127195] entrance to guest rooms having no cooking facilities. Guest rooms are rented on a monthly basis or longer and meals are provided. Buildable area means the portion of a parcel remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area. Building means an enclosed structure having a roof supported by columns or walls. Building height means the height of a building relative to the surrounding ground area. Measurement of maximum building height is defined in Sections ... and .... Building, main means the building containing the main or principal use of the premises. Building, reocatable means a building which is not placed on a permanent foundation and is designed to be movable from one location to another without the need for a special permit such as that required to move a conventional house. Relocatable buildings include but are not limited to mobilehomes, construction trailers, and modular buildings. Building site means a parcel or contiguous parcels of land established in compliance with the development standards for the applicable zoning district and the City's Subdivision Code. Building site area means the horizontal area within a building site expressed in square feet, acres, or other area measurement. Building site coverage. See Lot coverage. Building site, panhandle or flag. See Lot definitions Building site, through means a building site having frontage on two parallel or approximately parallel streets. [see 'lot, through"J Business park. See Industrial park. Caretaker means a person who lives on the premises for the purposes of managing, operating, maintaining or guarding the principal use or uses permitted on the premises. Carport means a roofed structure or a portion of a building which is open on two or more sides for the parking of automobiles belonging to the occupants of the property. Cellarmeans a non -habitable building level which: (1) has more than one-half of its height below the adjoining finish grade at all points; and (2) has a floor area no more than one-half that of the floor immediately above. A cellar is not counted as a building story. 0 DEFINITIONS [Draft: 3127195] Certificate of occupancy or certificate of use and occupancy means a permit issued by the City prior to occupancy of a structure or the establishment of a land use to assure that the structure or parcel is ready for occupancy or use and that all ordinance requirements and project conditions of approval are fulfilled. Child day care center or preschool means a child day care facility operated by a person, corporation or association used primarily for the provision of daytime care, training or education of children at any location other than their normal place of residence. The maximum number of children accommodated is determined by state licensing provisions and city use permit conditions. Child day care facility means, consistent with section 1596.750 of the state Health and Safety Code, a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes both child day care centers and child day care homes. Child day care home or family day care home means, consistent with section 1596.78 of the state Health and Safety Code, a child day care facility which regularly provides care, protection and supervision of 12 or fewer children in the provider's own home, including children under the age of ten years who reside at the home. City means the city of La Quinta. City council means the city council of the city of La Quinta. Cleaning plant or laundry plant means a central processing facility for dry cleaning or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning and laundry agencies. Clinic, medical means an organization of medical doctors providing physical or mental health service and medical or surgical care of the sick or injured, but not including inpatient or overnight care. Clubmeans an association of persons for some common purpose, but not including organizations which provide goods or services and which are customarily carried on as businesses. Code means this Zoning Code unless another code, ordinance or law is specified. Commercial means operated or conducted on a frequent basis for the purpose of financial gain. Commercial center. See Shopping center. Commercial recreation means any use or activity where the primary intent is to provide amusement, pleasure or sport but which is operated for financial gain. It includes establishments where 5 • DEFINITIONS [Draft: 3127195] food and beverages are sold as a secondary or ancillary use, but does not include restaurants, nightclubs and cocktail lounges. Commercial vehicle means a vehicle customarily used as part of a business for the transportation of goods or people. Commissionmeans the planning commission of the city of La Quinta unless another commission is indicated. Community care facility. See Residential care facility. Community apartment project means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. Condominiummeans, consistent with section 1351 of the state Civil Code, an undivided interest in common in a portion of real property coupled with a separate interest in space in a residential, industrial or commercial building on such real property, such as an office or store or multifamily dwelling. A condominium may include, in addition, a separate interest in other portions of such real property. Congregate care facility means a facility providing care on a monthly basis or longer and which is the primary residence of the people it serves. It provides services to the residents such as the following: dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such a facility may be located in more than one building and on contiguous parcels within the building site. Congregate living facility means a single family residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer developmentally disabled persons or six or fewer persons undergoing treatment for alcohol or drug abuse and which is permitted in single family residences by operation of state law. (see also "residential care facility") Convalescent home or Convalescent hospital means a facility licensed by the state department of health services which provides bed and ambulatory care for more than six patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A convalescent home may also be known as a nursing home, convalescent hospital, rest home, or home for the aged. Conversion project means an apartment house or multiple or group dwelling which is existing, under construction or for which building permits have been issued, and which is proposed for conversion to a residential condominium, community apartment, residential stock cooperative or planned development. 6 DEFINITIONS [Draft: 31271951 Corner lot. See definitions under Lot. County means the county of Riverside unless another county is indicated. Day care center. See Child day care center. Decision -making authority or decision -making body means a person or group of persons charged with making decisions on proposals, applications, or other items brought before the city. Density means the number of dwelling units per gross acre, unless another area measurement is specified. Detached building or structure means a building or other structure that does not have a wall or roof in common with any other building or structure. Developmentmeans, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. Director or Planning and Development Director means the Planning and Development Director of the city or the Director's authorized agent or representative. District. See Zoning district. District, Nonresidential. See Nonresidential District. District, Residential. See Residential District. District, Special Purpose. See Special Purpose District. Drive-inor drive-thru means designed or operated so as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle. Driveway means a vehicular passageway providing access from a public or private street to a structure or parking area or, in the case of residences, to a garage, carport, or legal parking space. A driveway is not a street. 7 ®'91 DEFINITIONS [Draft: 3127195] Driveway approach means a designated area between the curb or traveled way of a street and the street right-of-way line that provides vehicular access to abutting properties. When vehicular access to a building site is provided by way of a common driveway, the driveway approach is the line of intersection where the individual driveway abuts the common driveway. Duplex means a permanent building containing two dwelling units on a single lot. Dwellingmeans a building or portion thereof designed and used for residential occupancy, but not including hotels or motels. Dwelling, attached means a main dwelling unit attached to one or more other main dwelling units by means of a roof or interior wall. Dwelling, main or primary residence means the dwelling unit permitted as the principal use of a parcel, either by itself or with other dwelling units (as in multifamily buildings). Dwelling, multifamily means a building containing three or more dwelling units on a single lot or building site. Dwelling, single-family means one main dwelling unit on a single parcel or building site. Dwelling, single-family detached means a single family dwelling not attached to any other main dwelling. Dwelling, patio home means a single family detached dwelling shifted to one side of the lot; i.e. placed on the lot so that one side setback is zero or nearly zero and the other side setback is larger than if both side setbacks were approximately equal. Dwelling, two -unit attached means a main dwelling unit attached to one other main dwelling unit by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. Dwelling, townhome means a main dwelling unit attached typically to two or more other main dwelling units by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. Dwelling unit means one or more rooms, including a bathroom and kitchen, designed and used for occupancy by one family for living and sleeping purposes. Dwelling unit, second. See Second residential unit. Easement means a recorded right or interest in the land of another which entitles the holder thereof to some use, privilege or benefit in, on, over or under such land. 8 092 DEFINITIONS [Draft: 3127195 Educational institution means a private or public elementary or secondary school, college or university qualified to give general academic instruction equivalent to the standards prescribed by the state board of education. Elevation means the vertical distance above sea level. Employee's quarters means quarters, with or without cooking facilities, for the housing of domestic employees and located upon the same building site occupied by their employer. Enclosed means roofed and contained on all sides by walls which are pierced only by windows, vents or customary entrances and exits. Exceptionmeans a city -approved deviation from a development standard based on the following types of findings by the decision -making authority: (1) A general finding such as that notwithstanding the exception, the resulting project will still be consistent with the goals and/or policies underlying the development standard; and (2) One or more specific findings justifying the particular exception requested. Familymeans one or more persons occupying one dwelling unit. The word "family" includes the occupants of congregate living and residential care facilities, as defined herein, serving six or fewer persons which are permitted or licensed by the state. The word "family" does not include occupants of a fraternity, sorority, boardinghouse, lodging house, club or motel. Family day care home. See Child day care home. Flag. See sign definitions, section .... Flag lot or panhandle lot. See definitions under Lot. Flood means a general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. Flood insurance rate map (FIRM) or Flood boundary and floodway map mean the official maps provided by the Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk premium zones and the floodways applicable to the city. Floodplainmeans the land area adjacent to a watercourse and other land areas susceptible to being inundated by water. 0 (1) 9 DEFINITIONS [Draft: 3127195] Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway means the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor area, gross. See Gross floor area. Floor area, livable. See Livable floor area. Floor area ratio means the numerical value obtained by dividing the gross floor area of all buildings, except parking structures, located on a building site by the building site area. Fraternity house or Sorority house means a building or portion of a building occupied by a chapter of a regularly organized college fraternity or sorority officially recognized by an educational institution. Freestanding sign. See sign definitions, section .... Front lot line. See definitions under Lot line. Gas station or service station. Garage means a building or portion of a building used primarily for the parking of motor vehicles. General plan means the General Plan of the city of La Quinta. Government Code means the California Government Code. Grade, average means the elevation determined by averaging the highest and lowest elevations of a parcel, building site, or other defined area of land. Grade, average finish means the elevation determined by averaging the highest and lowest elevations of a parcel, building site, or other defined area of land after final grading. Grade, finish means the ground elevation at any point after final grading. Grading means the filling, excavation or other movement of earth for any purpose. Grannyflat or Granny housing means a secondary dwelling unit which is: (1) intended for the sole occupancy of one or two adult persons 62 years of age or over, and (2) located on a parcel containing 10 DEFINITIONS [Draft: 3127195] an existing single family detached dwelling. The floor area of an attached granny flat does not exceed 30 percent of the existing floor area of the primary single family residence and the floor area of a detached granny flat does not exceed 1200 square feet. (See also Second residential unit). Grazing means the act of pasturing livestock on growing grass or other growing herbage or on dead grass or other dead herbage existing in the place where grown as the principal sustenance of the livestock so grazed. Gross acreage means the land area, expressed in acres, within a parcel or group of contiguous parcels minus any right-of-way for arterial highways not including collector streets. Each acre so determined is a gross acre. Gross density. See Density. Gross floor are. means the total square footage of all floors of a building, including the exterior walls but excluding courtyards and other outdoor areas. Gross lot or parcel area. See Lot area, gross. Ground floor area means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings, and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. Ground sign. See freestanding sign in sign definitions, section .... Guest house means an attached or detached dwelling unit which has sanitary facilities and which is used primarily for sleeping purposes by members of the family occupying the main residence and their non-paying guests. Habitable area see Livable floor area. Habitable room means any room usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used only for storage purposes is not a habitable room. Hazardous waste means a waste or combination of wastes which, because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, or flammability, or its physical, chemical, or infectious characteristics, may: 1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or 2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. 11 09 DEFINITIONS [Draft: 31271951 Home for the aged. See Convalescent home. Home occupation means an occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property. See section .... Hospital means a facility licensed by the state department of health services providing clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health nature to human patients. Hotel means any building or portion thereof with access provided through a common entrance, lobby or hallway to guest rooms which are rented on a weekly basis and which has cooking facilities in less than 25 percent of the guest rooms. Identification sign. See sign definitions, section .... Industrial park, Business park, or Office park means a nonresidential development wherein the permitted uses are planned, developed, managed and maintained as a unit, with landscaping, amenities, and common offstreet parking provided to serve all uses on the property. Intensity means the level of development or activity associated with a land use, as measured by one or more of the following: 1. The amount of parking required for the use per Section .... 2. 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. 3. The floor area occupied by the use. 4. The percentage of the building site occupied by the use or by the structure containing the use. Interior lot line. See definitions under Lot line. Kennel or animal shelter means any property where four or more dogs, four or more cats, or other small animals over the age of four months, are kept or maintained for any purpose except veterinary clinics and hospitals, Kitchen means any room all or part of which is designed and/or used for the cooking or other preparation of food. Land use. See Use. Land use intensity. See Intensity. Landfill, sanitary means an area designed and used for the disposal of solid waste on land by 12 09 F DEFINITIONS [Draft: 3127195] spreading it in layers, compacting it and covering it daily with soil or other approved cover material. Laundry plant. See Cleaning and laundry plant. Livable floor area means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. Live entertainment means any act, play, revue, pantomime, scene, dance, or song, or any combination of the foregoing performed in person by one or more persons whether or not they are compensated for their performance. Living Area. See Livable floor area. Lodging house. See Boarding house. Lotmeans an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this Code. Types of lots and their definitions are as follows: ■ Corner lot means a lot abutting two streets intersecting at an angle of not more than 135 degrees. If the angle of intersection is more than 135 degrees, the lot is an "interior lot". ■ Flag or panhandle lot means a lot connected to the street with a narrow access portion less than 40 feet wide and more than 20 feet long and situated so that another lot is located between the main portion of the flag lot and the street. ■ Interior lot means a lot abutting only one street or abutting two streets which intersect at an angle greater than 135 degrees. ACCESS PORTION �ST�R-EET IFRONT LOT UNC ; ' iREVERSED CORNER LOT is FLAG LOT, REAR rARO WERIOR KEY LOT SIDE YARD 4y to dl INTERIOR LOT k YARD. THROUGH LOT rFRMONT 1 REAR CORNER LOTOORR SII E�YARD STREET Lot Types and Lot Lines ■ Key lot means a lot with a side lot line that abuts the rear lot line of one or more adjoining lots. ■ Reverse corner lot means a corner lot, the rear of which abuts the side of another lot. 13 0,97 �^} ' ., DEFINITIONS [Draft: 3127195] ■ Through lot means a lot with frontage on two parallel or approximately parallel streets. Lot area means the horizontal land area within a lot expressed in square feet, acres, or other area measurement. Lot coverage or Building site coverage means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" shall mean all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings, and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. Lot frontage means the length of the front lot line. Lot line or Property Line means any boundary of a lot. The classifications of lot lines and their definitions are as follows: Front lot line means the following: • on an interior lot, the line separating the lot from the street; • on a corner lot, the shorter line abutting a street. (If the lot lines are equal or approximately equal, the Director shall determine the front lot line.) • on a through lot, the lot line abutting the street providing primary access to the lot. ■ Interior lot line means any lot line not abutting a street. ■ Rear lot line means a lot line which does not intersect the front lot line and which is most distant from and most parallel to the front lot line. In the case of an irregularly -shaped lot or a lot bounded by only three lot lines, the rear lot line is a ten -foot long line parallel to and most distant from the front lot line for the purposes of determining setbacks and other provisions of this Code. ■ Side lot line means any lot line which is not a front or rear lot line. Lowest floor means, with regard to flood protection, the lowest floor of the lowest enclosed area, including a basement or cellar. An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of the FP overlay district, section .... Manufactured home. see Mobilehome. Master plan of arterial highways means a component of the circulation element of the city's general 14 �� DEFINITIONS [Draft: 3/27/951 plan designating adopted and proposed routes for all commuter, secondary, primary and major highways within the city. Master plan of drainage means an engineering report outlining the drainage facilities needed for the proper development of the city. Median means a paved or planted area separating a street or highway into opposite -direction travel lanes. Medical clinic. See Clinic, medical. Ministorage facility means a building containing various size storage compartments not exceeding 500 square feet each, wherein each compartment is offered for rent or lease to the general public for the private storage of materials excluding materials sold at the facility or delivered directly to customers. Minor use permit. See section .... Mobilehome or manufactured home means a residential building transportable in one or more Sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. Mobilehome park or Mobilehome development means any area or tract of land used to accommodate mobilehomes for human habitation, including pads for mobilehomes, clubhouses, recreation facilities, and other ancillary structures and facilities. The term includes mobilehome parks and mobilehome subdivisions. See section .... Monument sign. See sign definitions, section .... Motehneans a building or group of buildings containing guest rooms rented on a weekly basis or less, with cooking facilities in less than 25 percent of the guest rooms and with most or all guest rooms gaining access from an exterior walkway. Multifamily dwelling or residence. See Dwelling, multifamily. Net site area or Net lot area means the total land area within the boundaries of a parcel after ultimate street rights -of -way and easements that prohibit the surface use of the site are deducted. Net project area means all of the land area included within a development project excepting slopes with a ratio of 2:1 or steeper and those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. 15 J19 DEFINITIONS [Draft: 31271951 Noncommercial coach means a vehicle, with or without motive power, designed and equipped for human occupancy for classrooms and other nonresidential and noncommercial uses. Nonconformity means 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, i.e. which were not lawful when established or constructed. See section .... Nonconforming use means 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. See section .... Nonconforming lot means 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. See section Nonconforming structure means 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. See section .... Nursery, day care. See Child day care facility. Nursing home. See Convalescent home. Office park. See Industrial park. Official zoning map. See Zoning map. Offsite hazardous waste facility means any structures, other appurtenances or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, including but not limited to: (1) Incineration facilities (i.e. rotary kiln, fluid bed, etc.); (2) Residual repository (i.e. receiving only residuals from hazardous waste treatment facilities); (3) Stabilization/solidification facilities; (4) Chemical oxidation facilities; (5) Neutralization/precipitation facilities; or (6) Transfer/storage facilities. 16 ��i DEFINITIONS [Draft: 3127195] Open space means any parcel or area of land or water, public or private, which is reserved for the purpose of preserving natural resources, for the protection of valuable environmental features, or for providing outdoor recreation or education. Open space does not include roads, driveways or parking areas not related to recreational uses, any buildings, building setback areas or the required space between buildings, or surface utility facilities. Open space, usable means open space which is predominately level (i.e. slopes less than five percent) but which may contain some steeper land (i.e. with slopes up to 20 percent) which has utility for picnicking or passive recreation activities and which complements surrounding usable open space. Usable open space is a minimum of 15 feet in width and 300 square feet in area and may include structures and impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities, walkways, or bicycle trails. Outdoor advertising sign. See Billboard in sign definitions, section .... Paragraphmeans a portion of this zoning code beginning immediately after an upper case letter e.g. A, and extending to the next such upper case letter, e.g. B. (Usage example: "...as stated in paragraph A of this section...") (see also Section and Subsection.) Parcel means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this Code. Panhandle lot or flag lot. See definitions under Lot. Parking accessway means a vehicular passageway that provides access and circulation from a street access point into and through a parking lot to parking aisles and between parking areas. Parking structure means a structure which is open or enclosed and is used for the parking of motor vehicles. Parkwaymeans the area of a public street that lies between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space. Patio home. See Dwelling, patio home Permitted use means a land use allowed within a zoning district under this zoning code and subject to the applicable provisions of this code. Personmeans any individual, firm, copartnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, 17 101 DEFINITIONS [Draft: 31271951 receiver, syndicate, public agency, the state of California or its political subdivisions or instrumentalities, or any other group or combination acting as a unit. Planned unit development means a residential, commercial, office, industrial or other type of development characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project. Pole sign. See sign definitions, section .... Portable sign. See sign definitions, section .... Precise plan or Precise plan of development means the plan or plans for a project, development, or other entitlement approved by the decision -making authority. A precise plan may include site, grading, architecture, landscaping plans and may also include a plan text describing the project design, development phasing, and other characteristics. Precise plan of highway alignment means a plan, supplementary to the master plan of arterial highways, which establishes the highway centerline and the ultimate right-of-way lines and may establish building setback lines. Primary residence. See Main dwelling. Principal use means the primary or predominant use of any parcel or structure. Project area means all of the land area included within a development project excepting those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. See also Net project area. Projecting sign. See sign definitions, section Property line means a lot line or parcel boundary. Public agency means the United States, the state, the county or any city within the county, or any political subdivision or agency thereof. Rear lot line. See definitions under Lot line. Recreational vehicle or RV means any vehicle designed and used for temporary habitation, including motorhomes, travel trailers and camper shells. 18 DEFINITIONS [Draft: 3127195] Recycling means the process by which waste products are reduced to raw materials and transformed into new products. Relocatable building. See Building, relocatable. Residential care facility or Community care facility means a residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer of the following: wards of the juvenile court, elderly persons, mentally disordered persons, handicapped persons, or dependent and neglected children. Such a facility is permitted in all types of residences by operation of state law. (see also "congregate living facility") Residential, multifamily. See Dwelling, multifamily. Residential, single-family. See Dwelling, single-family. Restaurant means any use providing for the preparation, retail sale, and consumption on site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive -through stores, bars, cocktail lounges, and places of business with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant, drive-thru means a restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Rest home. See Convalescent home. Retail means the selling of goods or merchandise directly to the ultimate consumer. Reverse vending machine means a machine which accepts recyclable materials, such as aluminum cans, newspapers, or other materials, from the public and dispenses money in return. Riding and hiking trail means a trail or way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles. Right-of-waymeans an area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both. Roof sign. See sign definitions, section .... Roominghouse. See Boardinghouse. 19 10 DEFINITIONS [Draft: 3127195] Satellite dish antenna means an apparatus capable of receiving communications from a manmade satellite. Scenic highway means any highway designated a scenic highway by an agency of the city, state or federal government. Second residential unit, Second dwelling unit, or Second unit means a secondary dwelling unit which is not intended for sale but may be rented and which is located on a parcel containing a pre- existing single family detached dwelling. The floor area of an attached second unit does not exceed 30 percent of the existing floor area of the primary single family residence and the floor area of a detached second unit does not exceed 1200 square feet. (See also "Granny flat). Section means a portion of this Zoning Code beginning immediately after a six- or seven -digit number beginning with 9., e.g. 9.10.010 or 9.280.030, and extending to the next such six- or seven -digit number. (See also Subsection and Paragraph.) Senior citizen means a person 55 years of age or older. Senior citizen residence means a residential care facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer senior citizens. Senior group housing means a residential development which is developed or substantially renovated for and occupied by seven or more senior citizens. (Includes senior citizen hotels, retirement hotels, and senior citizen apartments.) Service means an act or any result of useful labor which does not in itself produce a tangible commodity. Service station. See gas station. Setbackneans the distance that a building or other structure or a parking lot or other facility must be located from a lot line, property line, or other specified boundary. Shopping center or Commercial center means a commercial area or group of commercial establishments, planned, developed, managed and maintained as a unit, with common landscaping, amenities, and offstreet parking provided to serve all uses on the property. Side lot line. See definitions under Lot line. Sidewalk sale or Parking lot sale means the temporary outdoor display and sale of merchandise which is normally displayed indoors at the location of an individual retail business not located within a shopping center. (See also Special commercial event). 20 01 DEFINITIONS [Draft: 31271951 Signmeans any visual communication used to advertise, promote, command or inform, including but not limited to words, symbols and illustrations, together with all parts, materials, frame and background. See sign definitions, section .... Single-family dwelling or residence. See Dwelling, single-family. Single room occupancy (SRO) facility or SRO hotel means a residential facility which is rented on a weekly or longer basis and which provides living and sleeping facilities for one or two persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and laundry facilities may be shared Site. See Building site. Site area, net. See Net projector site area. Site coverage. See Building site coverage. Site development permit or development permit. See section .... Slopeor slope gradient means the vertical distance between two points on a slope divided by the horizontal distance between the same two points, with the result expressed as a percentage; e.g., "the slope has a 20 percent gradient" (usually used to describe natural as opposed to manufactured, slopes). Slope ratio means the steepness of a slope expressed as a ratio of horizontal distance to the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe manufactured as opposed to natural, slopes). Special commercial event means the temporary outdoor display and sale of merchandise by two or more tenants within a commercial center, or arts and crafts shows, fairs, or entertainment events within a commercial center. (See also Sidewalk sale). Specific plan means a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and state Government Code section 65450 et seq. Stock cooperative means a corporation which is formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the shares of stock or membership certificate in the corporation held by the person having such right of occupancy. Storage means a place where goods, materials, and/or personal property is placed for more than 24 hours. 21 n �� DEFINITIONS [Draft: 3127195] Story means that portion of a building included between the surface of any floor and the surface of the floor immediately above it or if there is no floor above, then the space between the floor and the ceiling above it. Streetmeans a public or private vehicular right-of-way other than an alley or driveway, including both local streets and arterial highways. Structure means anything that is erected or constructed having a fixed location on the ground or attachment to something on the ground and which extends more than 30 inches above the finish grade. A mobilehome or relocatable building, except when used as a temporary use with its weight resting at least partially upon its tires, is a structure for the purposes of this definition. Subsection means a portion of a section of this zoning code designated by a section number followed immediately by an upper case letter; for example, subsection 9.10.01 OA. (see also Section and Paragraph.) Swimming pool means an artificial body of water having a depth in excess of 18 inches, designed, constructed and used for swimming, dipping or immersion purposes by humans. Temporary use means a land use established for a specified period of time and which is discontinued at the end of such specified time. Townhome. See Dwelling, townhome. Transient basis means for a continuous period of two weeks or less. Two -unit attached dwelling. See Dwelling, two -unit attached. Ultimate right-of-way means the right-of-way shown as ultimate on an adopted precise plan of highway alignment or the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way is the right-of-way required by the highway classification as shown in the General Plan. Use or land use means the purpose for which a structure or land is occupied, arranged, designed or intended, or for which either a structure or land is or may be occupied or maintained. Use permit or conditional use permit. See section Variance. See section .... Vehicular accessway means a private, nonexclusive vehicular easement affording access to abutting properties. 22 1 o C DEFINITIONS [Draft: 3127195] Veterinary clinic means a place where animals no larger than the largest breed of dogs are given medical and surgical treatment, primarily on an outpatient basis, and where the boarding of animals under treatment is incidental to the principal clinic use. Wall sign. See Building -mounted sign in sign definitions, section .... Wing wall means an architectural feature in excess of six feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building. Yard means an open space on a parcel of land unobstructed and unoccupied from the ground upward except for wall projections permitted by this code. Yards are classified as follows: Front yard means a yard extending across the full width of the lot between the front lot line or the ultimate street right-of-way line and a setback line within the lot. The depth of the front yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback: the front lot line or its tangent or the ultimate street right-of-way or its tangent. Rear yard means a yard extending across the full width of the lot between the rear lot line and a setback line within the lot. The depth of the rear yard is equal to the setback established in the TYPES OF YARDS development standards for the applicable zoning district and is measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback: the rear lot line or its tangent or the ultimate street right-of-way or its tangent. Side yard means a yard extending from the front setback line to the rear setback line. The depth of the side yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback: the side lot line or its tangent or the ultimate street right-of-way or its tangent. Zoning code or Code means the zoning code of the city, i.e. Title 9 of the city of La Quinta Municipal Code, including the official zoning map and other maps and graphics incorporated in the zoning code text or included therein by reference. Zoning district or District means an area of the city designated on the official zoning map and subject to a uniform set of permitted land uses and development standards. Zoning map or Official zoning map means a map incorporated into this code by reference which covers the entire land area of the city and is divided into zoning districts for the purpose of specifying for each such land area the uses permitted, development standards required, and other applicable provisions of this code. 1 �1 23 ATTACHMENT Ad NORR.IS S . BERNARD •�i Mr. Don Adolph, Chairman La Quinta Planning Commission 55-105 Rivera - PGA -West La Quinta, CA 92253 Subject: Letter from La Quinta Planning Department dated April 19, 1995, received today. Dear Chairman Adolph: 44-550 Margucritc Court La Quinta, CA 92253-483 (619) 360-1841 The attached is a copy of the letter received from the La Quinta Planning Department. you will no doubt agree, it doesn't communicate much more than what we talked about over the phone. Last Monday I had a chance to speak with Mr. Tom Hartung, Director of Building and Safety and he is in agreement, there is a 'loop -hole' in the system. In the meantime, Mr. Jim Snellenberger is spreading the word that I have started a campaign to get his 'barn' torn - down. This was never my intention ! However, I believe there is a need for homeowners to 'conform' to architectural style within a development and not be permitted to come in with double wide vehicle gates, over sized (high -bay) garages and/or side yard parking places for motor homes. It -has been suggested to me•that the La Quinta Planning Commission, while they are currently making changes to the 'La Quinta Zoning Ordinance Update',.consider this issue. I have lived with the problems and I would not have moved to they had such an association. of a Homeowners Association a house in Cactus Flower, had Therefore, I have taken the subject of this cancer as far as I'm going to. I understand, however, it has now been taken before the City Council by Mr. Robert Tyler whom I have not spoken with concerning the blight of Cactus Flower. A appreciate you listening hope my neighbors have some 'barn' next to our home ! Sincerel , to my area concerns and I can only integrity, not to construct a I= Don, An after thought; what are the other cities within the Coachella Valley doing about compatable ad- ons by property owners ? How do they stop someone from building -on a two story structure where all single story homes are located in a development ? North S. 9amard 4d-550 Margueft Court La Quints. CA gQ253-4830 t� n PLANNING COMMISSION STAFF REPORT DATE: MAY 9, 1995 CASE NO.: SIGN APPLICATION 95-306 REQUEST: DEVIATION FROM A SIGN PROGRAM FOR THE ONE ELEVEN LA QUINTA SHOPPING CENTER TO ALLOW BUSINESS SIGNAGE FOR A FREESTANDING BUILDING APPLICANT: THE LUBE SHOP SIGN COMPANY: IMPERIAL SIGN COMPANY LOCATION: WEST SIDE OF ADAMS STREET APPROXIMATELY 350-FEET NORTH OF HIGHWAY III IN ONE ELEVEN LA QUINTA CENTER BACKGROUND: Imperial Sign Company has submitted the proposed sign program for The Lube Shop which is nearly completed in the One Eleven La Quinta Shopping Center adjacent to Adams Street. The subject property is immediately north of the recently approved La Quinta Car Wash. The shopping center has an approved sign program which dictates what is permissible for signage. This request is not specifically in compliance with the proposed sign program. Therefore, a deviation of the sign program is being requested. SIGN PROPOSAL: The applicant is proposing signage on north, south and east sides of the structure. On the north elevation of the structure the applicant is proposing "The Lube Shop" on the center of the fascia. This sign is 24" high by 15' long or 30 square feet. This sign is proposed to be internally illuminated and provided with a metal raceway (for wiring, tranfermers, etc.) between the letters and wall of the building. According to the sign company, this raceway is necessary due to the construction of the structure which does not have adequate access behind the wall. The raceway for this sign is shown in a size which matches the lettering boundaries (24" tall by 15' long). The proposed lettering is in a slanted "balloon" style and constructed of a black plexiglass material with white highlights which when illuminated becomes all white. The raceway would be coated with a stucco -like material and painted to match the fascia. M&I01 On the south elevation which is the vehicular entrance to the facility, the applicant is showing one main business sign and two ancillary signs. The main business sign would be mounted on the tower structure in the middle of the facility on a raised 6' by 8' metal raceway coated and painted to match the building wall color. The proposed signage would say "The Lube Shop" on three lines. The words "Lube Shop" would consist of 24" high letters while the word "The" would consist of 9" high letters. Due to the way the words are laid out the overall size is approximately 6' tall by 8' wide overall. The applicant is also requesting approval of two ancillary signs on this side of the building. On the left side of the tower structure are four car wash bays. On the stucco fascia above this area, the applicant is requesting an unlit plexiglass letter sign 12" high and 8'6" long indicating "car wash". On the right side of the tower structure are three oil change bays. On the fascia above the bays, the applicant is requesting an unlit sign 12" high by 9'6" indicating "Oil Change". These two will be black plexiglass with white highlights as described by the sign company. On the east elevation of the building facing Adams Street, the applicant is requesting approval of a non -illuminated plastic face sign stating "The Lube Shop". This sign is proposed to be 12" high by 8' long and consists of the same "balloon" style as the main signs. This sign would be located on the light colored stucco fascia on the right side of the building. ANALYSIS: Under the approved sign program, national or regional tenants with more five outlets are allowed to use their standard signage if approved by the Planning Commission. Presently, with this facility the applicant will have four shops. The others are located in Cathedral City, Yucaipa, and Hesperia. Staff feels that, while the applicant is not yet reached five outlets his operation is regional in nature and will continue to expand. Therefore, as a modification, staff would have no objections to utilizing the corporate signage as proposed. Staff would prefer that a raceway not be utilized for the lighted signs. However, due to the construction of the facility there's not adequate room for the transformers wiring, etc. without using a raceway. The applicant presently shows the raceways to just fit the perimeter of the signage. If the raceways were enlarged in size to fill the space it occupies on the wall, they would appear to be an architectural part of the building as opposed to support just for the signage. The raceway will be coated and colored to match the building wall and therefore will blend in with the building. In past applications, staff has not allowed ancillary signs which describe various services or products of a specific business. Albertsons and Walmart in the past had requested such signs. Staff feels that some directional signage is necessary for this business and therefore would recommend that such signage be limited to three square feet.. The signage, if not visible on the stucco fascia, could be relocated to an alternate location. ccss.ioi RECOMMENDATION: Move to approve Sign Application 95-306, subject to the attached conditions. Attachments: 1. Location Map 2. Plot Plan and elevation plans of building 3. Sign Exhibits ccss.ioi CONDITIONS OF APPROVAL - RECOMMENDED SIGN APPLICATION 95-306 THE LUBE SHOP MAY 99 1995 That the approval of this request shall be subject to the following conditions and plans on file in the Community Development Department, as amended. 2. That prior to issuance of a Building Permit for installation of the signs, the master developer of the shopping center shall review and approve final sign plans. 3. That final sign plans shall be reviewed and approved by the Community Development Department. 4. That the raceway on the south and north elevations shall be enlarged to meet corners or natural separations between materials so that they appear an architectural element of the structure. Said raceway design shall be subject to approval of the Community Development Department prior to issuance of a building permit. 5. That the "carwash" and "oil change" signs on the south elevation shall be reduced to 3 square feet in size with final location approved by the Community Development Department. 6. That the main business signs which state "The Lube Shop" shall be permitted to utilize the architectural style as shown on the submitted plans. CONAPRVL.327 DAY-CARE 3500 SF o AT HM ' '.0 Al Q 7j► ` 6G • 19 b IA 100 9 .... ,o, ,7o� o SIGN �lT� O i - ° SHELL ; G STATION �C ` o '�v} ; o CAR WASH ' 8000 SF 28 i ��3 (PAD 48.874 SF) \ 1 0.500 m 2 \ p pp to _ g000 Sf / 000' I� ►JEN1 S GN ® MOW APPROVE SIGNAT vie, I h tTy x&,r4 r cz PIP la - +41+ 005 ATTACHMENT 2 c- -Wb 5 24d S'O'W (P 44'- ix m -4 m UL In GTOPRAW ON 'I- , �Vll ga i iZ r Z D ' [ 4 r Yn •O �� ■ r -asa�e r° r a O s P Q s • ° i s o d m ■ c 0 m m I 1 1* i or j • 0 1C Uy D Q Y r Fh •° OY M ► 6 � O Q 4 • G � 9 g I I CC MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 11, 1995 CALL TO ORDER 3:00 P.M. A. This meeting of the Planning Commission was called to order at 3:00 P.M. by Chairman Adolph. Commissioner Butler led the flag salute. II. ROLL CALL A. Chairman Adolph requested the roll call: Present: Commissioners Abels, Anderson, Butler, Gardner, Newkirk, and Chairman Adolph. B. Commissioner Butler moved to excuse Commissioner Barrows. Commissioner Abels seconded the motion and it was unanimous. C. Staff Present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Principal Planner Stan Sawa, Associate Planners Greg Trousdell and Leslie Mouriquand, and Department Secretary Betty Sawyer. III. PUBLIC COMMENT - None IV. WORKSHOP A. Zoning Ordinance Update: a request of staff for Planning Commission review of proposed changes to the Zoning Ordinance. 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. In addition, corrections that were made at the prior meeting were reviewed and the sections to be discussed were stated. PC4-11 Planning Commission Minutes April 11, 1995 2. Following a brief summary by the Larry Lawrence, Lawrence Associates, consultants preparing the Zoning Ordinance Update, Commissioners discussed the changes with staff and the consultants. The following changes were made: a. Section 9.60.030 Fences and Walls: reword the defmition, add "finish grade at the base of the fence" to measurement of fence height, and clarify opening railings and fences less than 30- inches. Under setback areas add City "or state" required, add "c" to visibility at intersections. Eliminate "D" regarding Adjustments for Height Increases. Revise and add to E.2-wood fencing, EA -Masonry Fencing, E.5-Material Combinations, and E.6-Gates. Add to F-Fence Landscaping and Maintenance. Edit and add to G-Prohibited Fence Materials. b. Section 9.60.040. Patio Covers, Decks, and Play Equipment. Add "uncovered decks and other structures less than 18- inches..." to A -Applicability. Change 3-feet to "3-1 /2 feet from any property line" to B.4. Eliminate C-Adjustments. C. Section 9.60.050. Storage and Other Accessory Buildings. Eliminate E-Adjustments. d. Section 9.60.060. Garages and Carports. Add reference to circular driveways and add the maximum height of detached garages. e. Section 9.60.070. Swimming Pools. B.1-Location revise to allow "0" setback for pools within a gated community. f. Section 9.60.100. Guest Houses. D.1-add detached guest houses, and eliminate #7. g. Section 9.60.120. Pets and Other Animals. Add "other than dog runs" to first sentence. h. Section 9.60.130. Recreational Vehicle Parking. Eliminate "vehicle designed and used for temporary inhabitation" from B.Definitions. Edit C.1 regarding uses permitted in which zones, and add screening requirements to C.6. 3. City Attorney Dawn Honeywell asked that Page 21 under Definitions PC4-11 Planning Commission Minutes April 11, 1995 the words "hedge or thick growth of trees" should be deleted and add thick growth or shrubs of trees. 4. Commissioner Butler asked that the definitions on pedestrian and auto access gates be expanded and clarified. 5. Commissioners Butler and Gardner discussed the pros and cons of wood fencing and the burden of the expense of concrete fences. 6. Commissioner Anderson stated he was comfortable with improving the standard of wood fences. Commissioners discussed the problems that could still be incurred. 7. Discussion followed regarding how to provide for vehicle access and pedestrian gates. 8. Commissioner Anderson stated he did not think access gates should be allowed in a sideyard less than 12-feet. 9. City Attorney Dawn Honeywell asked that verbiage be added to Section 9.60.030(C)(3)(e) to include the word City "and State". In addition, Section 9.60.030(D) would require a variance and should be deleted. Discussion followed regarding reasons for and against the section and possible changes. 10. Chairman Adolph asked that on Page 24 - Masonry fences a statement should be added that requires both sides of a masonry wall must be stuccoed. 11. Commissioner Butler asked if there was a material that could be utilized for patio covers that would not warp after the first summer - Section 9.60.040 - Patio Covers. 12. Commissioner Anderson stated there should be no lumber smaller than 3 X 3. Commissioner Butler stated they should be required to be treated as well. Commissioner Gardner stated there were treated materials that could be used. 13. Community Development Director Jerry Herman asked that additional verbiage be added regarding the height of a detached garages. Discussion followed regarding the height of the garage - should it be as high or higher than a single story (28') residential unit. Following PC4-11 3 Planning Commission Minutes April 11, 1995 discussion it was determined that detached garages shall be no higher than 17-feet. 14. Commissioner Adels what the distance was from the property line for swimming pools. Commissioner Anderson stated no pool could be built closer than five feet from any power pole. Discussion, already covered by staff. Consultant Larry Lawrence stated the three feet was there to allow an area for walking around the pool. Principal Planner Stan Sawa asked that verbiage be added to clarify location encroachments 15. Chairman Adolph asked if a property owner could have a second residential unit on a single lot. Staff stated it would require a conditional use permit and the City has approved one or two. 16. Commissioner Abels asked why the City did not allow cooking facilities in a 1200 sq. ft. second unit. City Attorney Dawn Honeywell stated it was to discourage duplexes on a single lot. Commissioners discussed kitchens as they related to granny flat or guest houses. 17. Due to the hour, Chairman Adolph continued the Workshop to the April 25, 1995. The discussion would start with Page 35-Screening. 18. Commissioners Anderson and Abels moved to continue the study. Unanimously approved. 19. City Attorney Dawn Honeywell stated her concern regarding the sensitivity expressed about the EIR and the fact that it was prepared by the developer. State law allowed for the developer to prepare the EIR but the City must adopt it as your own. She asked that during the next meeting the Commissioners address their questions to City staff. All discussion will be between the Commission and staff. Chairman Adolph recessed the Planing Commission meeting until 7:00 P.M. and reconvened the meeting at 7:05 P.M. PUBLIC COMMENT: None PUBLIC HEARINGS A. Continued Specific Plan 94-026 - Travertine Specific Plan, General Plan PC4-11 4 Planning Commission Minutes April 11, 1995 Amendment 94-049, Environmental Assessment 94-287. 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 Anderson questioned Condition #29.0 as to why the condition was changed. Senior Engineer Steve Speer stated the City should have 110-feet wide arterial streets north of 62nd Avenue. He clarified that the intent of the condition was to only revise the 110 feet north of 62nd Avenue, adjacent to the project. That part of the condition that states "to the north end of the facility....... Avenue 62 to the south end of the maintenance facility should be" be deleted. 3. Commissioner Abels asked if this condition related to the condition on Page 13. Senior Engineer Steve Speer stated the same language should be deleted regarding the area north of 62nd Avenue. 4. Commissioner Anderson expressed his concern, that the revised map contained in Attachment 9, that the area of primary concern was the trail that is shown running through the southwestern portion of the Travertine project and along the slope of the Martinez Slide. Condition #36 is requiring the 100-foot corridor buffer to be the new golf course. His concern was that these are conflicting uses or at least overlaid, and not functional. Commissioner Anderson would be in favor of increasing the buffer at the Martinez Slide location to 400-feet to the nearest built structure if possible in order to allow 100-feet of buffer zone for hiking trails and then 300-feet for the golf course. He felt it was important to maintain access to the trail as well as the development. 5. Chairman Adolph introduced Mr. Berkey's letter regarding Travertine purchasing the land and giving it to the BLM as part of the landswap. Chairman Adolph asked staff to identify where the land was located. Staff explained the property was located in the upper portion of the Santa Rosa Mountains and that the BLM did retain ownership of the Martinez Slide. 6. Community Development Director Jerry Herman explained it was the intent of the applicant to have the access (or trail head) to the Slide on Jefferson Street. PC4-11 5 Planning Commission Minutes April 11, 1995 7. Commissioner Anderson stated it was important to maintain the buffer and extend the distance in Conditions #26 and #35. He would like to see the area maintained. Commissioner Newkirk agreed. 8. Commissioner Gardner asked who would provide signage to the trails to make the public aware of the Boo Hoff Trail. Staff explained there was a sign at the true entrance to the Boo Hoff Trail. Staff showed the location of the sign on the map and stated the City would eventually mark the trail at the time Jefferson Street is completed. 9. Commissioner Anderson asked if the trail was closed at certain times of the year or during the lambing season. Staff stated they had no knowledge of this and he did not believe they would want to have the lambing season publicly known because hikers might explore the area more to review this seasonal occurrence. 10. Commissioner Abels stated his concern about the water table. He referred to a document introduced by Mr. Joseph J. Brecher showing CVWD water table readings. Commissioner Abels stated he would like to have more information regarding the water situation in this area. He felt the document showed more drilling than the Commission was aware of. Staff stated the purveyor of the site is CVWD and they have stated in a letter to the City that they were able to provide the project with water and sewer services. Associate Planner Cherry stated this data was a portion of a larger report and could be used out of context. 11. Commissioner Anderson stated he understood that the golf course and open space areas could be irrigated with the canal water but, in the response to concerns, CVWD stated the Coachella Canal District water would be used for these purposes. Staff stated that if the project falls within this District, it could use the Canal water. Commissioner Anderson asked if the project was within the District. Staff stated that part of the project was within the District. Commissioner Anderson stated there should be a condition requiring the applicant to use the Canal water. Staff read the condition that applied (Condition #53.F.) and stated they would amend it to read canal water as well. City Attorney Dawn Honeywell pointed out that the facilities would need to be built and the condition does not state who should build the facility. Staff would need to make it clear in the conditions that if it is needed the developer should be required to build it. 12. Commissioner Gardner asked about the Statement of Overriding PC4-11 6 Planning Commission Minutes April 11, 1995 Concerns and whether the improvements that are proposed would improve traffic. Senior Engineer Steve Speer clarified what streets would be affected. Commissioner Gardner asked if there would be an impact on the existing streets. Staff stated there was an infrastructure fee in place to handle this off -site problem. 13. Commissioner Gardner asked what the sales increase would be from a project of this type and what the cost of servicing it would be. Community Development Director Jerry Herman stated there were no records regarding such a projection. He estimated that with 100 new houses and if they all shop in La Quinta, the City would see an increase in revenue. Commissioner Gardner asked if there had ever been any studies taken to determine this. Community Development Director Jerry Herman stated to his knowledge it had never been done. New homes always bring new people who have not shopped in La Quinta before. Commissioner Gardner asked if staff knew what the difference in the cost of services versus the revenue received for this area would be. Staff stated it is not known at this time. 14. Commissioner Anderson noted in the traffic portion of the EIR, that the traffic impacts went all the way to Highway 111 and in the graphics, Jefferson Street is shown as six lanes and could eventually look like a freeway. 15. Commissioner Anderson stated his concern about the impact on the Jefferson Street realignment. In addition, the impact the Green and Travertine project would have on the equestrian uses. He stated his concern for the heritage of the Valley and the equestrian uses. He felt the City needed to carefully protect the equestrian accesses to the mountains. 16. Commissioner Newkirk stated he agreed with Commissioner Anderson and wondered why a tunnel of some nature could not be provided for the horses to cross Jefferson Street. Staff explained that if a tunnel was provided the issue of whether a horse would enter the tunnel or not would need to be explored. City Attorney Dawn Honeywell stated that a study should be done to determined these facts prior to grading of the tract map as to how the equestrian uses could be incorporated into the project. 17. Commissioner Gardner asked what provisions would be required to mitigate the amount of stormwater runoff from the mountains. PC4-11 7 Planning Commission Minutes April 11, 1995 Community Development Director Jerry Herman explained the developer would be required to provide protection to ensure that this will not happen. However, the issue of stormwater would be addressed during the tract map process. Commissioner Gardner asked if the 400- foot buffer was enough to ensure that no damage would occur to any life or structure. Staff stated that could not be determined at this time. 18. Chairman Adolph stated his concern about the buffer zone and the relocation of the golf course. He wondered how the housing would be affected as well as the school zone. In addition, he questioned the building heights, square footage, equestrian access across Jefferson Street, the golf course and irrigation issue, compatibility of the adjoining properties, and the EIR. However, he accepts the staff's recommendation that the EIR is adequate. He stated he was hesitant to jump in when it was unknown as to how the issues would be solved. Staff explained the details would be worked out as the project progresses through the other applications that would be necessary to build the project. 19. Commissioner Anderson expressed his concern about the issue of school mitigation fees and their admonishment that they would face a $7 million deficient at the time of buildout. He asked why the School District did not charge fees relative to the construction in order to have the necessary funds. Community Development Director Jerry Herman stated that the State allows the School District to charge a fee for each unit built for mitigation. However, the school is now asking for money above and beyond this fee as the State does allow them to negotiate their fee if legislative actions are proposed. City Attorney Dawn Honeywell stated the condition does allow them to negotiate, but it does not require the developer to pay additional fees. 20. Commissioner Abets asked if the Planning Commission approved the project, would it come back for further review. Staff stated no as the Planning Commission is recommending approval of the EIR as it is now written to the City Council. Any opposition to the project must be challenged at this time or they lose the opportunity to challenge the EIR. 21. Commissioner Abets stated that a lot of concerns had been expressed and no answers had been reached. PC4-11 8 Planning Commission Minutes April 11, 1995 22. Commissioner Anderson stated that on Conditions #26 and #35 he would recommend an increase in the buffer zone to 400-feet. (I.e., one hundred feet of natural trail buffer and 300 feet of golf course.) 23. Commissioner Abels asked where a condition for equestrian crossing would be added. City Attorney Dawn Honeywell suggested that a plan for equestrian/hiking trails be required and that plan be brought back to the Planning Commission for approval prior to any tract map approval. The plan should include appropriate detail including cross sections as well as provide a design and enough detail to show how the entire plan would function. 24. Commissioner Abels asked if a condition needed to be added to require the applicant to use canal water. Staff stated it would need to be added. In addition, a new condition would need to be added that would require the golf courses to use reclaimed water or canal water and require the developer to construct the necessary facilities. 25. Community Development Director Jerry Herman clarified that Conditions #26, #31, #35, #62, and #93 needed to be modified to read the same as the condition approved for the Green project. In addition, a new condition would be added requiring a plan for equestrian/hiking uses; Condition #66.A.3 would be modified per the Engineering Department rewording regarding Madison street; and Condition #83 would be amended to require canal water usage whenever possible. 26. Commissioner Anderson asked if Condition #66.A and #29.0 should agree regarding the wording with respect to school mitigation. He asked if it would be feasible for the Planning Commission to require the project to reach an agreement with the School District. City Attorney Dawn Honeywell stated that if the Planning Commission agreed that the fees collected will not meet the necessary school impact, they could require the developer to reach an agreement with the School District. Commissioner Anderson stated that if such a growth impact results on the school, the fees required at this time are less than adequate. 27. Chairman Adolph discussed the number of homes that were planned for this area and stated the impact on the schools had a potential of being substantial. He felt the developers needed to negotiate with the School District and agree on how to handle this impact. PC4-11 9 Planning Commission Minutes April 11, 1995 28. Commissioner Newkirk questioned whether this many homes would generate the number of students indicated by the School District. He understood the project would be similar to PGA West and they do not have 1.25 students per house. He felt there should be some sort of study to determine what figures would be correct and/or used. 29. Chairman Adolph stated that Jefferson Street is going to open this area up for development and not all of the developments would be resort - type developments. 30. There being no further discussion, Commissioners Abels/Butler moved and seconded a motion to adopt Resolution 95-012, recommending to the City Council certification of the Final Environmental Impact Report for Specific Plan 94-026, in accordance with the findings as stated. ROLL CALL: AYES: Commissioners Abels, Anderson, Butler, Newkirk, and Chairman Adolph. NOES: Commissioner Gardner. ABSENT: Commissioner Barrows. ABSTAINING: None. 31. It was moved and seconded by Commissioners Abels/Butler to adopt Resolution 95-013, recommending to the City Council approval of General Plan Amendment 94-049, as proposed. ROLL CALL: AYES: Commissioners Abels, Anderson, Butler, Newkirk, and Chairman Adolph. NOES: Commissioner Gardner. ABSENT: Commissioner Barrows. ABSTAINING: None. 32. Commissioners Abels/Butler moved to adopt Resolution 95-014, recommending to the City Council approval of Specific Plan 94-026, subject to conditions. ROLL CALL: AYES: Commissioners Abels, Anderson, Butler, Newkirk. NOES: Commissioner Gardner and Chairman Adolph. ABSENT: Commissioner Barrows. ABSTAINING: None. 33. Community Development Director Jerry Herman asked for clarification on the EIR adoption for the Specific Plan and read the recommendation in its entirety regarding the EIR certification. PC4-11 10 Planning Commission Minutes April 11, 1995 34. City Attorney Dawn Honeywell asked that the Specific Plan adoption be reconsidered. Commissioner Anderson moved to reconsider Resolution 95-014, and Commissioner Abels seconded the motion, and it was unanimously approved. 35. Commissioners Abels/Anderson moved and seconded a motion to adopt Resolution 95-014 recommending approval of Specific Plan 94-025, subject to the conditions contained in the staff report and as amended. ROLL CALL: AYES: Commissioners Abels, Anderson, Butler, Newkirk, and Chairman Adolph. NOES: Commissioner Gardner. ABSENT: Commissioner Barrows. ABSTAINING: None. B. Street Name Change 95-006; a request of the La Quinta Fire Department to rename a portion of the Old Avenue 52 to Frances Hack Lane. 1. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Butler if there was any intention to connect the two portions of Old Avenue 52. Associate Planner Trousdell responded that all the previous applications received for this area have been for private gated communities with no access to this street. Commissioner Butler asked if the City had any policies regarding naming streets after people. Staff stated there was no policy for people alive or passed away, and the only policy he was aware of was a policy passed by the City Council for naming parks. 3. Staff clarified that previous streets name changes that had been applied for were denied because the streets crossed different jurisdictions. This street entire length was within La Quinta city limits. 4. Associate Planner Trousdell stated he had sent a letter of transmittal to the current tract owner of Tentative Tract 27613 south of 52nd Avenue (Temple Construction) and they never responded. 5. Chairman Adolph asked whether staff had spoken with the Fire Department about re -naming the street to Fritz Burns in conjunction with the Fritz Burns Park. Staff stated they had not spoken with them but, since there station fronts on the street, they would prefer to have Frances Hack Lane. PC4-11 11 Planning Commission Minutes April 11, 1995 6. There being no further questions of staff, Chairman Adolph opened the public hearing. Mr. Robert Tyler of Velleta Drive, stated that the way "Francis" is spelled is not the way of spelling "Frances" for a woman. There being no further comment, Chairman Adolph closed the public hearing. 7. Commissioner Abets stated that Ms. Hack had done a lot for the City and it would be more befitting to have the Community Park named after her rather than the street. He preferred not to see streets renamed within La Quinta. Staff stated that the City had no control over the park. Community Development Director Jerry Herman stated that this lane must be changed as it cannot remain Old Avenue 52. 8. Commissioner Anderson stated he agreed with Commissioner Abets, but should the ability to rename the park fail there would be nothing to honor her. He suggested that this item be continued until a determination was made regarding the renaming of the Park. 9. Commissioner Gardner stated that he agreed with Commissioners Abets and Anderson but, the Planning Commission should be doing something to honor this Mrs. Hack. The chances of renaming the Park were slim to none and naming the street is available. Discussion followed relative to renaming the Park and how long the process would take. 10. There being no further discussion, it was moved and seconded by Commissioners Anderson/Abell to continue the Street Name Change request to May 9, 1995, for the reasons of finding a more significant site. Chairman Adolph asked that this decision be conveyed to the applicant. Unanimously approved. BUSINESS SESSION: A. Specific Plan 90-017 (PGA West 5th Course Expansion); a request of KSL for an annual review of an approved development plan that would allow 880 dwelling units on part of an 18-hole golf course on 220 acres. 1. Commissioners Gardner and Anderson withdrew due to a possible conflict of interest. 2. Associate Planner Greg Trousdell presented the information contained PC4-11 12 Planning Commission Minutes April 11, 1995 in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Adolph asked staff if the PM 10-dust clearing plan applied only to the clearing of the land or during the building process as well. Staff stated it applied to both and staff would see that it was monitored. 4. Chairman Adolph asked if there were any changes that should be noted in the conditions. Staff replied there was nothing that they were knew of. 5. Commissioner Butler asked staff if there was a process whereby older tracts that come back for review before the Planning Commission, that any changes necessary are caught at that time. City Attorney Dawn Honeywell stated that in looking at the conditions there did not appear to be any conditions that were different from the regular zoning conditions. She further explained that a specific plan does not act as a vested tract map to freeze anything in place. 6. Commissioner Abels asked if there was a conflict in requiring an annual review and yet the recommendation before the Commission was for a two year approval. Staff stated that with the activities that had occurred it would be best to have a one year review, but it was up to the Planning Commission. Community Development Director Jerry Herman stated the City Attorney had informed the Planning Commission that a two year approval did not limit the Planning Commission from calling a specific plan back and making any changes that were needed. 7. There being no further questions of staff, the applicant, Mr. Chevis Hosea, representing KSL stated he would answer any questions of the Planning Commission. 8. Chairman Adolph asked about the construction time schedule for the golf course. Mr. Hosea stated they were trying to work through the inventory they currently have on the partially approved projects at PGA West before processing any new tentative tract maps. However, they expected to eliminate their present inventory within the next three to four years. But, as this is a private golf course, its completion would be determined by the amount of interest it would generated. 9. Chairman Adolph when the Tom Weiskopf Signature course would be PC4-11 13 Planning Commission Minutes April 11, 1995 opened. Mr. Hosea stated they hoped by January 1, 1996. 10. Commissioner Butler asked how the dust would be controlled after the grading was complete and before any homes were built. Community Development Director Jerry Herman stated they were only grading the golf course, so none was needed. If the single family lots were being graded, they would be required to be stabilized. 11. There being no further discussion, Commissioners Abels[ ewkirk moved and seconded a motion to approve by Minute Motion 95-015 for a two year extension, subject to the existing conditions. The motion was unanimous with Commissioners Gardner, Anderson, and Barrows absent. Commissioners Gardner and Anderson rejoined the meeting. B. Sign Application 95-302; a request of Imperial Sign Company for approval to modify the master sign program for the Plaza La Quinta Shopping center to allow an adjustment in the number of building signs allowed for the Beer Hunter restaurant at the southwest corner of Washington Street and Highway 111. 1. Associate Planer Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Abets asked if the south side entrance had been closed. Staff stated it had been closed and the entrance was now on the northwest side of the building. 3. Commissioner Butler asked staff to clarify the location of sign #2. Staff displayed it on the screen. Staff discussed with the Commissioners the location of the different signs. Commissioner asked which signs would be illuminated. Staff gave the site locations for those to be illuminated (i.e., logo sings only). 4. Commissioner Anderson asked if any of the signs would be externally illuminated as he felt there were some existing bullet lights on the roof. Staff stated that he had informed the sign contractor that if the owner chooses to do so, it would have to be approved by staff. 5. Commissioner Anderson asked for clarification on the location of sign 3 and whether it was illuminated. Staff showed the location and stated no illumination was being requested as there was ground lighting from PC4-11 14 Planning Commission Minutes April 11, 1995 the previous sign. Community Development Director Jerry Herman stated the Commission could determine whether or not they wished to allow illumination or not and the project would be condition that way. 6. There being no further questions of staff, Chairman Adolph asked if the applicant wished to speak. Mr. Jim Engle, representing the sign company, clarified that the applicant would be using the ground lighting to illuminate the signs and there would not be any illumination of the signs themselves except for the graphics in the logo itself (the deer and antlers). Discussion followed regarding the sign and the materials to be used. 7. Commissioner Butler asked what the Sign Ordinance allowed regarding the signs at the center across the street (One Eleven La Quinta Center). Staff stated that illuminated signs were allowed. Discussion followed regarding the materials needed to do the illumination. 8. Chairman Adolph asked staff if the request met the standards of the Center. Staff stated the Center had no objections with the signage request. Chairman Adolph stated he knew of several tenants that were unhappy with the existing sign program for the Center. Staff reviewed previous signage that had been approved for the Center. 9. Mr. Robert Tyler, Velleta Drive, stated he was happy to see the activity at this location as it had been empty for some time but, he did not believe the entrance to the City should be a sports bar. He asked if this was what the City wanted as the entrance to La Quinta. He inquired what the hours of illumination for the signage would be and that the Commission consider what affect this would have on the City. He felt the number of signs should be cut back. 10. Commissioner Anderson pointed out what the increase of the signage was and if the public objected, he felt they should reduce the signage back to the City requirements or 50 square feet. The north side would have two signs that would be seen from both directions and that was redundant. 11. Commissioner Abels stated he agreed the signage was excessive but he felt it was in good taste. He did not feel the signs on the west side were too noticeable. 12. Mr. Engle stated that the applicant realized this was the entrance to La Quinta and that was why he did not want illumination on all signs. The illuminated letter were only four inches in height in order to PCa-11 15 Planning Commission Minutes April 11, 1995 reduce the sign impact on the building. 13. Chairman Adolph stated that he was very strongly against too much signage and he did not feel signs were needed on every side of the building. However, this building has no signs on the south side and the north is done tastefully as well as the sign facing the parking lot. He did question the east side sign as to how well the logo could be seen as compared to the "Sports Bar and Grill" sign. Discussion followed regarding the signs visibility. 14. There being no further discussion it was moved and seconded by Commissioners Anderson/Gardner to adopt Minute Motion 95-016 approving Sign Application 95-302, with the stipulation that the signage be in agreement with the City's allowable size and approved by Staff. 15. Commissioner Abels stated that in view of the signage only being on three sides, it should be left as submitted. Commissioners Butler and Newkirk agreed. 16. Chairman Adolph stated he agreed with Commissioner Anderson that the east building sign would not be seen from the street. 17. Commissioner Newkirk asked about the height of the letters on the sign. Discussion followed. ROLL CALL: AYES: Commissioners Anderson, Gardner, and Chairman Adolph NOES: Commissioners Newkirk, Abels, and Butler. ABSENT: Commissioner Barrows. ABSTAINING: None. MOTION FAILED 18. Commissioners Abels/Newkirk moved to adopt Minute Motion 95-016 approving Sign Application 95-302, as submitted. 19. Commissioner Butler asked how much illumination would be seen. Mr. Engle stated that from a distance you would see the logo and as you get closer the lettering. He stated they were trying to sell the logo. The lettering is smaller than wanted but, the logo is what you want to be visible. ROLL CALL: AYES: Commissioners Abels, Newkirk, Butler. NOES: Commissioners Anderson, Gardner, Chairman Adolph. PC4-11 16 Planning Commission Minutes April 11, 1995 ABSENT: Commissioner Barrows. ABSTAINING: None. MOTION FAILED 20. Commissioner Anderson asked if the "Beer Hunter" letters on the north side of the building corner could be removed and the logo placed at this location. This will decrease the overall size and bring the logo down. Mr. Engle stated he felt the applicant would agree with this. Discussion folllowed. 21. Commissioner Anderson suggested that the east side logo be placed on the north elevation without the "Beer Hunter" letters. In addition he suggested the lettering be stretch out on the east side of the building (i.e., one line of copy). Mr. Engle agreed. 25. There being no further discussion, it was moved by Commissioners Anderson/Butler to adopt Minute Motion 95-016, approving Sign Application 95-302 as suggested above. Unanimously approved. CONSENT CALENDAR There being no discussion, Commissioners Gardner/Abell moved and seconded a motion to approve the Minutes of March 28, 1995, as submitted. Unanimously approved. COMMISSIONER ITEMS 1. Commissioner Butler gave a report of the City Council meeting. 2. Discussion relating to a newly constructed detached garage at 79-720 Iris Court. A. Community Development Director Jerry Herman presented the information, a copy of which is on file in the Community Development Department. 1. Commissioner Anderson asked if the garage addition was completed. Staff stated it was a completed garage. Chairman Adolph asked if anyone had seen the garage. Chairman Adolph stated the garage looked like a barn and was not compatible with the neighborhood, but he did not believe there was anything the Planning Commission could do about it. 2. Commissioner Abets asked why this did not apply to the Compatibility Ordinance. Staff explained that the ordinance only applies to a developer and not an individual property owner. PCa-11 17 Planning Commission Minutes April 11, 1995 3. Chairman Adolph explained that the property owners' association had been disbanded and the property owners no longer had any alternatives. Commissioners suggested that staff be directed to write a letter to Mr. Norris explaining the position of the Planning Commission and suggest they form a homeowners' association to deal with these issues. ADJOURNMENT There being no further business, this meeting of the Planning Commission, it was moved and seconded by Commissioners Abets/Gardner to adjourn this meeting of the Planning Commission to a regular meeting April 25, 1995. This meeting of the Planning Commission was adjourned at 9:57 P.M. The motion was unanimously approved. PC4-11 18 CC MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA APRIL 25,1995 I. CALL TO ORDER 3:00 P.M. A. This meeting of the Planning Commission was called to order at 3:00 P.M. by Chairman Adolph. Commissioner Abels led the flag salute II. ROLL CALL: A. Chairman Adolph requested the roll call: Present Commissioners Abels, Anderson, Barrows, Butler, Gardner, Newkirk, and Chairman Adolph. B. Staff Present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Principal Planner Stan Sawa, Associate Planner Greg Trousdell, and Department Secretary Betty Sawyer. PUBLIC COMMENT: None. WORKSHOP: A. Continued - La Quinta Zoning Ordinance Update. 1. Commissioners and staff discussed with the consultants the following changes to the Zoning Ordinance update. a. Section 9.60.140. - Screening. B.i.b. change to 1325 feet; B.2. Include pool spa equipment; B.3. Commissioners discussed solar panels and the requirement that the underside cannot be seen. Commissioner Barrows stated she did not want the ordinance to be so restrictive as to prevent someone from using solar. Commissioner Anderson asked if a property owner could use curbside collectors (screened like a skylight) if screened and the underside was not seen. Staff stated as long as it is aesthetically screened. Commissioner Anderson asked if the panels were ground mounted will the City require it to be screened. Staff stated that as long as the neighbor could not see it, they would not require screening. b. Commissioner Anderson requested that staff put the requirement of solar water heating be added to the code. C. Section 9.60.150., BA: 12-foot high chain link fence blocks the view of the mountains. Need conditional use permit to control height of fences; B.3.: Lighting should require a conditional use permit; increase the setback or recess the tennis court. Consultants stated that anything over 8-feet must increase the setback, and the City will need to address sideyards as well on a ratio of 3:1. d. Section 9.60.160: all outdoor lighting must conform to the Dark Sky Ordinance. e. Section 9.60.180: Manufactured Housing and Mobile homes. Concern that there is no mention of modular buildings. How does the City inspect something that is already built; C.2. Foundations should be checked to see that it addresses earthquake standards and that the units must be placed on a slab. Staff stated the City requires them to be compatible with existing units. City Attorney Dawn Honeywell explained that a manufactured home is the same as a modular house. They must conform to the residential neighborhoods they are going into. Staff further stated the units are required to be connected to the foundation. The City requirements for modular homes are that you can put a mobile home on a lot in the Cove if they can meet the requirements for a single family home. They must refurbish the unit to appear as a single family house. Commissioner Gardner asked that the wording mobile homes should be eliminated as they are all manufactured homes. The consultant stated there needed to be a reference for "mobile home" for identification. Commissioner Gardner asked that it be put in parentheses. f. Section 9.60.190, B.3.; add provisions for all parking, outdoor lighting, and security. g. Section 9.60.210. Construction and Guard Offices: Need to simplify this section. h. Section 9.60.240. Model Home Complexes: A.1 the number of units in a project needs to be clarified and add temporary landscaping for A.4.k.: C.2., define "conflict". i. Section. 9.60.250. Condominium Conversion: A.2., Tenant notification - confusion as to notification - simplify. 2 J. Section 9.60.260 Density bonuses for Affordable Housing: Staff asked that inclusionary zone whereby all residential units need to provide 15% for low moderate income households to meet the state requirements be added. C.7., regulatory incentives needs to be clarified. Commissioners wanted to know if this was enough to know they have to go to compatible issues. The City Attorney stated this was not the appropriate place. It needed to do handled at the tentative tract review. Chairman Adolph asked if the developer has the right of first refusal at fair market value and was this ongoing. Staff explained that this is to keep affordable housing in the housing program; E.3., Chairman Adolph asked what were the reasonable conditions. The consultant stated it was to give the City flexibility with conversions to make sure they can conform to the State affordable housing programs. This section should not be confused with the City's regular apartment conversion provisions. This is part of the density bonus program. The consultant stated it was, but tied back to the other. k. Section 9.60.270. Timeshare Regulations. Staff stated the City currently has no time-share units. G.1.q.2., need to add language that better defined the proposed regulations 1. Section 9.300.030. Use of Terms. Automobile Service Station, add drive- thru carwashes and delete the last sentence "a convenience store or mini -mart accessory to the automotive use may be included." Clarify where "gas station" and "service station" refer to each other. One needs to have a definition. Add a definition for a common wall. Need to change the definition of enclosed to state "contained on all four sides". Gross Floor area - need to define what this refers to. Is this outside the wall or inside the wall. The consultant reminded the Commissioner that this needed to apply to commercial requirements as well. Needs to address both non-residential as well as commercial uses. The City Attorney stated that if you want commercial you need to add such appropriate provisions. Commissioner Anderson suggested they add exterior walls not including exterior finishes. Add daily basis for hotels. Kennel or animal shelter - need to add a combination of all or leave it for dogs only. Lot Line -Property Line - should normally mean the same. Reverse Mobilehome to state "see manufactured home". Scenic Highways - add historical highways as well. M. Section 9.80.020 - Overlay uses - need to quantify. Table 9, Page 6 (030) - plant nurseries and garden supply ... not allowed in commercial. Change NC to C. Page 7 - Restaurants, drive-in or fast food should not be allowed in NC. Eliminate the word fast food from both rows. Page 10 - add definition to transitional shelter. Allow mixed -use in the NC. Page 11 - land use, private parking lots should be allowed in 3 Commercial Park, Office and Tourist Commercial, Urban mix as well as major community facilities. Page 13 - should tennis courts be added as an accessory use? Chairman Adolph recessed the meeting at 5:25 P.M. and reconvened at 7:08 P.M. PUBLIC COMMENT: A. Audrey Ostrowsky, La Quinta resident, spoke regarding her concern about the Zoning Ordinance in the Cove in that commercial businesses are working out of their homes. It affects the residents as well as the commercial property. Need to restrict this in the future. PUBLIC HEARINGS: A. Tentative Tract 28150: a request of KSL PGA West Corporation for approval to resubdivide 3.6 acres into 14 single family residential lots. 1. Commissioners Anderson and Gardner withdrew due to a possible conflict of interest. 2. Associate Planner Greg Trousdell, presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Commissioner Newkirk asked if the applicant was requesting to start a new homeowners' association (1104 Associate Planner Trousdell stated that was what he understood as it was up to the resubdivider to stay with the current BOA or apply to de -annex and create a new BOA. Staff stated there needed to be clarification in the conditions to reflect the Planning Commission's desire. 4. Chairman Adolph asked if the original Specific Plan for the community lots on the 13th hole required a swimming pool as there was nothing in regards to a swimming pools prior to this request, and it was conditioned that if they built any type of condo across from these lots, pools would be required. In addition, restroom facilities would be built to handle the gardeners. The Trophy homeowners bought their homes with the understanding that swimming pools would be installed. Staff stated that was correct. 5. Mr. Chevis Hosea, Director of Recreation, representing KSL Recreation, stated that regarding the concern over the creation of a HOA, this map is not an issue with the applicant, but future maps could be. Their concern is with setting a precedent and having an obligation to provide adequate amenities to the site. They will establish a HOA or join the existing, but they do not believe it is appropriate for a tentative tract map to mandate that they be in an existing HOA. 4 6. Chairman Adolph asked when the houses would be turned over to the HOA to manage and maintain. Mr. Hosea stated that as the property closes escrow, the property is developed, and assessments paid, or as soon as they sell. Chairman Adolph stated they could not have one house in a tract being a HOA so this would force those property owners into the current HOA. Mr. Hosea stated the logistics would be there to annex into the current HOA, but again their concern was that they not set a precedent to be required to annex into the existing HOA for future tracts. 7. Chairman Adolph stated the current HONs were not interested in having three HONs. They wanted standardization and compatibility and three or four HOAs would make it almost impossible to maintain these standards. Chairman Adolph asked if Hosea had talked to the current HOAs regarding their proposed plans. Mr. Hosea stated they had spoken with them regarding annexation into the current HOA and the problem was the fiscal responsibility of the current HOA and pending litigation matters. 8. Commissioner Butler asked what the advantage would be to a third HOA if that had to be. Mr. Hosea stated there would be little or no advantage. They were only concerned with setting a precedent of requiring participation in the current HOA. A different HOA could provide the same level of services and maybe for less fees. 9. City Attorney Dawn Honeywell clarified that the City has a different obligation when it comes to a tract map with phases partially built out. It is more appropriate on an undeveloped tract to allow the developer to create a HOA. A revision is different as compared to a new map. Chairman Adolph stated they did not want to change things that are already existing. 10. Chairman Adolph asked if Mr. Hosea would like to address the swimming pool issue. Mr. Hosea stated that they will upgrade the general standards for the design and construction quality (i.e., custom pools). This product is not designed for a community pool as the prior units were as these units are single family units. 11. Commissioner Butler asked for clarification regarding prior tracts that were built with the understanding that pools were to be built across the street. 12. Commissioner Abels asked why this tract should be burdened with constructing a swimming pool/community pool for the units across the street. Chairman Adolph stated that the Trophy units were not large enough for pools M as they are condominiums and the prior developers were conditioned to provide the common pools. Commissioner Abels stated he did not see a reason for requiring these 14 homes to build a community pool for the houses across the street. Mr. Hosea stated that the property across the street is R-2 and this property is R-1. Chairman Adolph stated his understanding was they were zoned R-1. 13. Mr. John Sayer, KSL PGA West Recreation, clarified that Residential #1(HOA) was to be on the north side of PGA West and run through the middle of the complex; Residential #2 was everything south of that imaginary line. In fact, there was a checkerboard among the developments. This property, along with a number of other properties along the Nicklaus course, had been annexed into Residential #1. To de -annex would require too many amendments to the existing tract documents. This property had been annexed into Residential #1 and they were comfortable leaving it there. Residential #1 and #2 will have to come into some agreement regarding the maintenance. Again, the concern is not for this tract but one of jurisdiction for the future tracts. 14. Commissioner Butler stated that if the Planning Commission approved the change from condos to single family and setting up a new BOA, that he did not believe the pool issue was valid at this time. Chairman Adolph stated the Planning Commission needed to determine whether the pool should be required or not. He did not believe that Residential #1 would want to maintain the pool and landscaping as to its location being so far removed. 15. Commissioner Butler asked staff why it was not brought up to the Planning Commission. Staff stated it was in the original report. Commissioner Abels stated their request was to change from condos to single family residences and the pool should not be an issue. 16. Chairman Adolph asked about the restroom facilities for the gardeners. Mr. Hosea stated that due to the logistics problems there is a need to have some type of shared agreement with HOA #2. If this is in place, the restroom facilities are available at the pool area on Interlachen. 17. Commissioner Barrows asked if this issue should be included in the Conditions of Approval. City Attorney Dawn Honeywell stated they could not as the facilities were not a part of this tract. 18. There being no further public comment, Commissioners Abels/Newkirk moved to adopt Resolution 95.015, recommending to the City Council approval of Tentative Tract 28150, subject to conditions. 6 19. Chairman Adolph asked if this would come back before the Planning Commission. Staff stated that the next item on the agenda would come back before the Planning Commission, but this item would not. Mr. Hosea stated that the Heritage Collection would be the units built for these 14 houses. ROLL CALL: AYES: Commissioners Abels, Barrows, Butler, Newkirk, and Chairman Adolph. NOES: None. ABSENT: Commissioners Anderson and Gardner. ABSTAINING: None. B. Plot Plan 95-552; a request of KSL PGA West Corporation for approval of a sales center with model complex and eight new model units. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Abels asked for clarification on the number of garages in the Masters collection. Staff stated there was a three car garage. 3. Commissioner Butler asked if the Department of Real Estate (DRE) would approve this project. Staff replied that a maximum of 30 tennis courts were allowed and they were not familiar with DRE requirements. City Attorney Dawn Honeywell stated the Planning Commission should not be concerned with the issue. It is the responsibility of the developer to see that he meets the DRE requirements. 4. Commissioner Butler asked if there was a problem with the number of garages. Chairman Adolph stated that the number of garages was not an issue as most of the tenants are part-time homeowners. 5. Commissioner Barrows inquired about the roof styles and a requirement for an 18-inch eave. She asked if the popouts addressed the concern for the amount of shading needed. Staff stated that in regards to the rear there was a patio cover that was significant and generally in the front there are extended eaves over the front entries. On the side elevations, the popouts are required and they would help minimally. 6. Chairman Adolph pointed out that this was primarily for the units facing west and south. Chairman Adolph stated that whatever standards were approved before must to apply to these units as well. 7. There being no further questions of staff, Mr. Chevis Hosea addressed the Commission and stated that the designers of the units were there to answer any question of the Commission. 7 8. Chairman Adolph asked about the entry entering the parking lot area and if they talked with the Master Association regarding this. Mr. Hosea stated they had spoken with the Master Association and they were aware of it. Chairman Adolph stated the Commission had not received any communication from the Association regarding their approving or disapproving and his concern was that communication was taking place. 9. Chairman Adolph stated that the old Sunrise models to the north had a wall that blocked off the street from the models. Mr. Hosea stated that mounding would be used. Chairman Adolph asked how the developer planned to get to the street behind the tennis courts after these units were all sold without wiping out the tennis courts. Mr. Hosea showed how they planned to do this on the exhibit. 10. Chairman Adolph asked if the building heights would exceed 28-feet and did they have any intention of building any two story units. Mr. Hosea stated they had no intention at this time. Chairman Adolph asked if they had any objection to removing this statement from the conditions. Staff clarified that they were given permission on a previous tract. 11. Commissioner Barrows asked if there was a condition and if not could they add one stipulating no two story units. 12. Chairman Adolph asked about the five foot sideyard setback as the current units have 10-foot setbacks and the updated ordinance would require a minimum 10-foot clearance. Mr. Hosea stated he thought a five foot sideyard per house was adequate. 13. Mr. Hosea asked if Condition #11 could be amended to allow a five year approval. Commissioner Abels stated that if all the conditions are met each year there was no problem extending the approval period. Stated this was a watch -dog issue and the Planning Commission would not stop anything. Commissioner Barrows stated this was at the discretion of the Community Development Director and she would like to reword the condition. Chairman Adolph asked if this was a request by the applicant or a verbal request. Staff responded that they would have to submit a letter of request for an extension. Staff stated they could change the last sentence to read "Model complex is in compliance with the conditions." 14. Mr. John Sayer, stated his concern was that the financing going forward. The lender, or lenders counsel, had a concern about lending with this condition. Commissioner Butler asked if the proposed change was agreeable with the applicant. Mr. Hosea stated it was. 8 15. Mr. Hosea asked about Condition #15 being reworded to read: "to existing 300- foot access or to the satisfaction of the Fire Marshal." Staff stated this is the Fire Marshal's condition. 16. Mr. Phil Hoe, architect for the Masters and Doral units, stated that the overhangs were generous with ten feet in the rear. The front is occupied with garage or semi -walls and the sideyard is a minimum amount of glass. He further stated that all houses would comply with Title 24 requirements. They had purposely oriented the houses to the interior yard or to the rear. Discussed the garage entrances having varied streetscape appearances. The sideyard of for the Doral units was five feet and they had made allowances for the mechanical equipment. The project's sideyard are designed to give a variety so sideyards vary depending on the unit type. Changed the composition of the roof styles and heights again to create a variety. 17. Chairman Adolph asked if between the buildings it was too tight as they were within ten feet of each other. How about a block wall in between each property line? 18. Commissioner Abets stated he would rather have wooden roll -up doors rather than metal. Mr. Hoe stated there was a combination on the doors. Chairman Adolph stated they had used several metal doors and you could not tell the difference from the street. 19. Commissioner Abets asked that the applicant not use windows in garage doors facing west. Mr. Hoe stated he would take that into consideration in their final desing. 20. Chairman Adolph asked how the applicant would so the on -site concrete work. Mr. Hoe stated he would prefer Mr. Forrest Haag answer that question. 21. Commissioner Barrows asked if the Doral unit eaveswould be a minimum of 18- inches. The other units would have rear patio structures but, the Masters and Heritage units would have an overhang cover the entire rear. Mr. Hoe stated that on the Masters they would. He did not know about the Heritage units. 22. Commissioner Butler asked where the air conditioning condenser for the Plan #3 of the Doral units and Plan #1 of the Heritage unit would be located. Mr. Hoe stated he did not know about the Heritage as he only drew the Masters and Doral series. 9 23. Mr. Richard Wey, architect for the Heritage Collection stated that on Plan #1 it has not been determined as of yet as to where the air conditioning units would be placed. In regards to the overhangs, the styles would be very similar and he had no problem with providing an 18-inch overhang. 24. Chairman Adolph asked what standards would be taken to protect the foundation slabs. Mr. Hosea stated they would take extreme precautions to protect the slab and gave an explanation of what they would be doing (i.e., visqueen with gravel). 25. Mr. Hosea questioned Condition #15 as it would restrict the number of units they would be allowed to construct. He would like to discuss this with the Fire Marshal and offer an alternative before going to Council. He again requested that the condition be rewritten to state "or come to a satisfactory resolution with the Fire Marshal." 26. Chairman Adolph asked if the homeowners on Interlachen had any problem with the conditions for these units requiring architectural compatibility and approval by the Architectural Review Board of PGA West. Mr. Hosea stated he would speak with them before submittal of building plans to the City. V. There being no further public comment, Chairman Adolph closed the public hearing. 28. Commissioner Barrows recommended that a condition be added relative to the eave overhangs being a minimum of 18-inches and no two story units being allowed with a maximum building height of 22-feet. Staff clarified amendments to Conditions #11, #15, #40 adding that the median cut have a requirement that they must obtain BOA approval and they added a new Condition #51 requiring an 18-inch overhang and Condition #52 setting the maximum building height at 22-feet. 29. There being on further discussion, Commissioners BarrowslAbels moved to adopt Minute Motion 95-017, subject to the conditions as amended and with the new conditions added. Unanimously approved. Commissioners Gardner and Anderson returned to the meeting. C. Conditional Use Permit 95-017: a request of Jim L. Jarnagin for approval of a full service tunnel carwash and detail shop within the One Eleven La Quinta Shopping Center. 10 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 water was going to be recycled and where in the report did it refer to this. Staff stated it was referred to in the Initial Study. 3. Commissioner Abels asked if you had to turn left from Highway 111 into Adams Street and west into the shopping center to access the site. Staff explained the entrances. 4. Chairman Adolph asked if the triangle between the site and Shell Oil site would be landscaped. Staff explained which areas were to be landscaped. Chairman Adolph asked what would happen at this point of the property line. Staff stated it would be determined by the Engineering Department. 5. Chairman Adolph asked if any walls were proposed. Staff stated that no walls were proposed. 6. Commissioner Butler asked about street landscaping. Staff stated that it would be bermed as it was along Highway 111 to the west. Z. Commissioner Abets asked if the doors on the tunnel would be closed at night. Staff stated that the roll -up doors on both ends would be closed at night. 8. Commissioner Butler asked that additional landscaping be added to buffer the site as requested in the letter submitted by the Chamber of Commerce. Staff recommended additional canopy treed be planted. 9. Commissioner Barrows asked about the south elevation signage and landscaping. Staff explained where the landscaping would be. Commissioner Barrows stated she would like to see more landscaping. Commissioner Butler asked if the Commission would review the landscaping at the same time as the signage. Staff noted the landscaping required staff approval. 10. Mr. Duane Younker, representing the applicant, spoke on behalf of the applicant. His primary reason for having a misting system is to provide as much cooling as possible to prevent the front shield of the cars from breaking. There would be a business section providing a fax machine and telephones for the patrons use. He had no objection to the additional landscaping. 11. Commissioner Butler asked how many entrances there were into the tunnel. Mr. Younker stated there was only one going into the carwash tunnel but, three lines for vacuums. The stacking area would have misters for a comfort zone for the patrons as well as the workers. 11 12. Commissioner Barrows asked what percentage of the water was recycled. Mr. Younker stated they would use 12 gallons per car and they would be recycling 90% of the water used. There was no discharge to the sewer system. Discussion about the residues from the washing detergents followed. 13. Chairman Adolph asked if the raised parking area would be concrete and couldn't a planter be added at the northwest corner. Mr. Younker stated he had no objection to the additional landscaping. They were intending to have golf cart services for shuttling customers to the shopping center. 14. Chairman Adolph asked why the auto detailing was not under cover. Mr. Younker stated the area was covered except for a 3-foot area. 15. Chairman Adolph asked if the storage area was secured. Mr. Younker explained how it was to be secured. 16. Commissioner Gardner asked what sanitary sewer system they would use. Mr. Younker stated the outside water would go to the storm drain and anything under the roof would go to the clarifying holding system. 17. Chairman Adolph asked it the lighting fixtures mounted on the wall would all face upward and what kind of wattage would they use. Mr. Younker stated they were the same as the City required under the CC & R's for the Center. Staff stated they would comply with the Dark Sky Ordinance. 18. There being no further public comment, Chairman Adolph closed the public hearing. 19. Commissioner Anderson approved the site selection for the project. He felt the signage was too large but, he would consider it at a later date. He was concerned about traffic flow and would like additional screening of the cars from Highway 111 with a wall or berm similar to the existing fast food restaurants. Commissioner Butler questioned the location of the berming and whether Anderson was requiring a double berm. Commissioner Barrows suggested this be reviewed at the time of the landscaping plan review. 20. There being no further discussion, Commissioners Barrows/Butler moved and seconded a motion to adopt Resolution 95-016, approving a mitigated Negative Declaration of Environmental Impact for Conditional Use Permit 94-017. ROLL CALL: AYES: Commissioners Abels, Anderson, Barrows, Butler, Gardner, Newkirk, and Chairman Adolph. NOES: None. ABSENT: None. ABSTAINING: None. 12 21. Commissioner Barrows/Abels moved and seconded a motion to adopt Minute Motion 95-018, with an amendment to Condition #40 requiring the landscaping to return for Planning Commission review. Unanimously approved. BUSINESS ITEMS A. Special Advertising Device 95-066; a request of Investors' Property Services for the La Casa La Quinta Apartments for approval of a temporary banner for the La Casa La Quinta Apartment Complex. 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 Abels asked if this request was for 60-days. Staff stated it was a 60 day request. Commissioner Abels asked how many extensions would be allowed. Staff answered as many as the Planning Commission wanted to grant. 3. Chairman Adolph asked for the location of the banner. Staff stated it was the intent of the applicant to hang it on the building. 4. There being no further questions, Commissioners Anderson/Barrows, moved and seconded a motion to adopt Minute Motion 95-019 approving Special Advertising Device 95-019, subject to conditions. Unanimously approved. B. Plot Plan 95-551: a request of Firstbank, N.A. for approval of a plot plan application to allow construction of a freestanding bank building. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Butler asked if staff was aware of the retention basin problem at the shopping center. Senior Engineer Steve Speer stated that staff was currently looking at the plans for a pumping station and the center developer will then start construction on it. Commissioner Butler stated his concern was that the retention basin be approved prior to the bank approval. Senior Engineer Steve Speer stated the City will insure that the developer installs the pumps and the water taken out. 3. Commissioner Gardner asked whose responsibility it was to get the water out and where would it go. Senior Engineer Steve Speer stated it was the responsibility of the developer and the water would be pumped out of the retention basin and into the City storm drain. He further stated the developer was currently developing plans for the pumping system. Community Development Director Jerry Herman stated the retention basin was designed 13 to be adequate to protect the bank as well as the other buildings, but, the City was trying to get a more adequate method of getting the water out of the basin. 4. Chairman Adolph asked why the rear door which was an emergency exit, lead directly into the retention basin. Staff replied there was a flat area before the retention basin which was adequate to lead away from the retention basin. Chairman Adolph stated he felt there should be some type of walkway around the basin. Commissioner Anderson stated he felt the City Code would require it to be an accessible walkway. 5. Chairman Adolph stated his reservations about the skylight, that it might be a flashing beacon at certain times of the day. Staff stated it would be frosted and installed at a vertical angle so as not to shine on the cars. It will be a high energy material and will meet energy requirements. 6. Commissioner Abels stated that bank branches were reducing in number throughout the United States and branches are being taken over by bigger banks leaving empty buildings. He was concerned that this not become another empty building. 7. There being no further discussion it was moved and seconded by Commissioner Abels/Barrows to adopt Minute Motion 95-020 approving Plot Plan 95-551, subject to the attached conditions. Unanimously approved. CONSENT CALENDAR - None COMMISSIONER ITEMS A. Commissioner Abels gave a report of the City Council meeting of April 18,1995. B. Chairman Adolph spoke concerning a letter received from Norris Bernard regarding the detached garage in Rancho Ocotillo. Chairman Adolph stated that in regards to compatibility issues, the garage did not conform, but when a tract is completed property owners can make any changes they so desire pursuant to City requirements, unless there is a homeowners' association to restrict them. City Attorney Dawn Honeywell stated that compatibility restraints do not continue on once the tract is completed, but, the Commission could amend the City Code to not allow any accessory use to be higher than the primary structure. They could also do a lot coverage ratio. Chairman Adolph asked who determines compatibility. City Attorney Dawn Honeywell stated the main reason for the noncompatibility, in this instance, was the height of the structure. Commissioner Abels asked if these changes didn't have to go through the Building Department and couldn't the Planning Commission make a list of criteria to 14 control these problems. Commissioner Anderson stated they could make an overall requirement and add it to the Zoning Ordinance to control the problem. Chairman Adolph asked staff to bring this issue before the Commission during the Zoning Ordinance review and make sure it is addressed. 3. Chairman Adolph asked staff if the Water District was to bring the construction of a water tank before PGA West Association for their approval. His understanding was that CVWD was to notify the Association to make sure the tank did not obstruct the mountains. Staff will address a letter to CVWD regarding the problem and give a copy to the Commission. 15 ADJOURNMENT There being no further business, this meeting of the Planning Commission was moved and seconded by Commissioners AbelslButler to adjourn this meeting of the Planning Commission to a regular meeting on May 11,1995. This meeting of the Planning Commission was adjourned at 10:04 P.M. The motion was approved unanimously. 16 interoffice M E M O R A N D U M to: Jerry Herman, Community Development Director from: Greg Trousdell, Associate Planner subject: Detached Garage Survey date: May 3, 1995 Per your request of April 26,1 have called a few cities in the area to determine whether or not there is a special process an applicant/developer must go through to have a large detached garage. My findings on this topic are: 1. Cathedral City - A CUP is required if more than a four -car garage is proposed on a single lot. 2. Palm Springs - Architectural review is only required if the home is on a major thoroughfare. 3. Palm Desert - Detached garages shall be located in the rear yard area. Special approval is not required. 4. Coachella - Did not respond to survey. 5. D. S. Springs - Special approval is not required. 6. Indian Wells - They do not permit detached structures on lots less than 22,000 sq. ft. However, they have permitted attached multiple car garages. 7. Indio- Special approval is not required, but the garage shall be architecturally compatible with the single family home. 8. Rancho Mirage - Special approval is not required. mmsur2