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1995 06 13 PCZ OF PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California June 13, 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 95-020 Beginning Minute Motion 95-022 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. 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 change the name of a portion of Old 52nd Avenue to Frances Hack Lane Action ........... Resolution 95- 2. Item ............. TENTATIVE TRACT 28150 Applicant ...... KSL Land Corporation (Mr. S. Chevis Hosea) Location ....... West side of Interlachen north of 58th Avenue Request......... Approval to resubdivide 3.6 acres into 14 single family residential lots and four common lots Action ......... Resolution 95- 3. Item ............ PLOT PLAN 95-554 AND ENVIRONMENTAL ASSESSMENT 95-301 Applicant ...... Caal Theatres Location ....... North side of Highway 111, midway between Washington Street and Adams Street within the One Eleven La Quinta Center Request ........ Recommendation to the City Council approval of a Mitigated Negative Declaration of environmental impact and approval of a plot plan to allow the construction of a 30,000 square foot eight-plex theater Action .......... Resolution 95- , Minute Motion 95- BUSINESS ITEMS - 1. Item ............. SIGN APPLICATION 95-311 - PIZZA HUT Applicant ...... Signs and Services Company Location ....... 50-855 Washington Street, Suite I, within the La Quinta Village Shopping Center Request ........ Deviation from sign program for the La Quinta Village Shopping Center to allow a business sign for Pizza Hut Action ......... Deny the request 2. Item ............ SPECIFIC PLAN 84-004 (RANCHO LA QUINTA) Applicant ..... TD Desert Development Location ...... East side of Washington Street, south of 48th Avenue, within Rancho La Quinta Country Club Request ...... Approval of a new Casitas duplex unit Action ....... Minute Motion 95- CONSENT CALENDAR 1. Approval of the Minutes of the Planning Commission meeting of May 23, 1995. COMMISSIONER ITEMS. 1. Commissioner report of City Council meeting ADJOURNMENT ------------------------------------------- ------------------------------------------- STUDY SESSION Tuesday, June 13, 1995 Study Session Room NONE PC/AGENDA T4tyl 4 4 Qum& MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: JUNE 13, 1995 SUBJECT: LA QUINTA ZONING ORDINANCE UPDATE BACKGROUND: The last Zoning Ordinance Update review occurred on May 23, 1995. At that time, the Planning Commission reviewed changes to Chapters 9.110 (Special Purpose Districts), 9.120 (Special Purpose Permitted Uses), 9.130 (Special Purpose Development Standards), and 9.140 (Special Purpose Supplemental Regulations). Changes to these Chapters are being forwarded to the consultant for revision. At that time we also attached Chapter 9.150 regarding Parking Regulations. Prior to discussion, the Commission indicated a desire to review the parking requirements for the City of Palm Desert. Therefore, they are attached for your use. Attached again is Chapter 9.150 (Parking) for your use. Also attached is Chapter 9.160 which are the Sign Regulations. Depending upon the amount of time used for Parking, the Commission may wish to begin review of the Sign Ordinance. RECOMMENDATION: Staff recommends that the Planning Commission review the submitted Zoning Ordinance Update chapters and note any revisions that may be appropriate at this time. Attachments: 1. Excerpts from Zoning Ordinance Update (Chapters 9.150, 9.160) 2. Excerpt from the City of Palm Desert's Zoning Ordinance regarding "Off -Street Parking and Loading Requirements" MEMOSS.242 ATTACHMENT 1 : 12/22] CI3APTM 9.150: PARKING ............................... 1 9.1A0.010 Purpose and Intent ........................... 1 9.1 0.020 Approval of Parking Facilities ................... 1 9.1 0.030 Provision of Parking Facilities ................... 1 9.1 0.040 Parking Location and Accessibility ................ 3 9.1 0.050 Deternunation of Spaces Required ................ 4 9.1z 0.060 Spaces Required by Use ....................... 6 9.1 0.070 Shared Parking .............................. 16 9.1 0.080 Parking Facility Design Standards ................ 17 9.1 0.090 Handicapped Parking ......................... 30 S Draft. 12122194 CHAPTER 9.150: PARKING Sections: 9.140.010 Purpose and Intent ..................... 1 9.140.020 Approval of Parking Facilities ............. 1 9.140.030 Provision of Parking Facilities ............. 1 9.140.040 Parking Location and Accessibility .......... 3 9.140.050 Determination of Spaces Required .......... 4 9.140.060 Spaces Required by Use ................. 6 (� 9.140.070 Shared Parking .... ........16 9.140.080 Parkin Facility DesignStandards .......... 17 9.140.090 Handicapped Parking .................. 30 9.1 0.010 Purpose and Intent A. Purpose. These regulations are intended to: (1) provide for offstreet parking of motor vehicles attracted by the various land uses in the City; (2) ensure the health, safety and welfare of the public by preventing obstruction of rights -of -way and fire lanes; and (3) provide for properly designed parking facilities with adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance public safety. B. Parking Required. Offstreet parking is required for all land uses in accordance with this Chapter. 5 9.140.020 Approval of Parkng Facilities. A. Permits Required Except for single family and duplex residences, establishment of all offstreet parking facilities shall be subject to approval of a site development permit in accordance with Section ... unless the parking facilities were previously approved in conjunction with a conditional use permit or site development permit and no changes in intensity of use are being proposed. A grading permit shall also be required unless exempted under the City's Grading Code. B. Plot Plan Requirements. A plot plan shall be filed with all applications for a parking facility site development permit. The plot plan shall show the offstreet parking facilities and the use(s) to be served, together with pedestrian arrangements (including crosswalks, if necessary) connecting them. The plot plan shall be accompanied by information required to determine total parking requirements as described in Section ... and documentation of the guarantee of continued offstreet parking required pursuant to Section .... C. Design Modifications Approved by Director: The Planning and Development Director may, without notice or hearing, permit modifications to the onsite circulation, landscaping, and parking design requirements contained in Section ... if the Director determines that topographic or other physical conditions make it impractical to require strict compliance with these requirements. 5 e+-G. 9.1 J0.030 Provision of Parldng Facilities. A. Entities A uthorized to Provide Parking. Off-street parking may be provided for a particular land use by any or a combination of the following entities (so long as the appropriate guarantees described in Subsection ... of this Section remain in effect): PARKING [Draft: 121221 1. On property containing the use: the property owner, lessee, or agent of the use for which the parking is required; or 2. On an adjacent property under the same ownership: the property owner, lessee, or agent of the use for which the parking is required; or 3. On an adjacent property not under the same ownership: an approved adjacent property owner, lessee, or agent who reserves spaces on a contract basis for the adjacent use; or 4. On an adjacent or nearby property not under the same ownership: a. An approved private (for -profit or not -for -profit) parking company which reserves, sells, leases, or rents adjacent or nearby parking spaces for that use; or b. An approved private parking association (such as in a shopping center) which creates and allocates parking spaces as credits or shares available to its subscribers/members to meet their parking requirements; or c. A duly authorized public entity (parking district, assessment district, redevelopment district, or similar agency) among whose powers include the authority to acquire and make available parking spaces and maneuvering areas, pedestrian walkways, shade structures, landscaping and other improvements. B. Continuation of Off -Street Peking Required 1. The validity of any permit to use property shall be directly contingent on the continued provision and proper functioning of required off-street parking. Failure to continue to provide the required parking in the approved usable condition shall be reason for immediate revocation of all permits for use of the property on the grounds that such parking deficiency constitutes a threat to the public health, safety, and welfare. 2. The owner of any property for which off-street parking is required shall be directly responsible for the continued provision of such parking. 3. The user of any property for which off-street parking is required shall demonstrate to the satisfaction of the City that the continued provision of the required parking has been adequately guaranteed for a period of at least as long as the permitted use. Forms of guarantee which may be required by the City include, but are not limited to, the following: a. The inclusion of exclusive or joint use rights for the required parking spaces in the lease for structural space on the same property; b. A recorded covenant merging together two properties under the same ownership which subordinates all other use claims and obligations to the provision of the required parking on the adjacent parcel; 2 �y04 PARKING [Di-a}t. 12122] c. A contract for parking on other parcels, either: (1) A noncancellable provision, or (2) The earliest expiration or cancelable date for parking facilities occurring simultaneously with or after the time limit for the use requiring the parking, or (3) A bond or other acceptable equivalent instrument in favor of the City which guarantees, in the event of the contract cancellation, termination, or expiration, suit, court jurisdiction or other occurrence which has the effect of rendering the required parking spaces unavailable, the continued provision of the required parking by means of alternate arrangements. 9.140.040 Paddng Ucation and Accessibility. A. Location. 1. Residential Uses. Required parking shall be located on the same parcel as the residential building which the parking serves, except that such parking may be located on an adjacent parcel if all of the following conditions are met: a. The adjacent parcel is and continues to be under the same ownership as that of the residential building, b. The parking is on that portion of the parcel where the erection of garages, carports or shade structures is permitted; and c. The placement and distribution of required parking spaces are such that for any dwelling unit, the assigned or reasonably available parking spaces are no further than 100 feet by walkway to the entry of that dwelling unit. 2. Nonresidential Uses. a. Required parking shall be located on the same parcel as the use served, on an adjacent parcel, or on a parcel across an alley. Required parking may also be located across a street (other than a major or primary arterial) provided a properly designed crosswalk connects the parking with the use(s) served. b. Required parking spaces must be within a reasonable walking distance of the uses served by the parking, and be on a parcel in a commercial district, or in a district adjacent to a commercial district which by conditional use permit allows off -site parking. 3. Amended Provisions per Specific Plam Amended provisions relating to parking location, configuration, and other matters may be imposed in conjunction with a specific plan. PARKING B. Accessibility. [Draft: 12122] 1. All required offstreet parking spaces shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times. 2. Required offstreet parking facilities and driveways shall not be used for any purpose which at any time would preclude the use of the area for the temporary storage of motor vehicles. Unless otherwise provided by an approved discretionary permit, no owner or tenant shall lease, rent or otherwise make unavailable to intended users any offstreet parking spaces required by this article. 4. Required parking spaces shall not be used for the storage of vehicles unless such storage is calculated into the required parking formula. 5. No required parking spaces shall be used for the display of vehicles for sale. 6. If an area of parking is for park -and -ride programs, such area shall be in addition to the required parking area. If no additional area is provided for such purposes, the owner/operator of the parking lot shall arrange for part of the parking lot, at peak usage hours, to have encroaching parking removed by means of tickets and/or towing. 9.140.050 Detemunation of Spaces Required. A. Determinaion of Spaces Required Off-street vehicle parking requirements shall be determined and provided in accordance with this Section when the subject building or structure is constructed or the use is initiated, or a use is changed. In the interests of the public health, safety and welfare, the City decision -making authority shall be the final judge of how many off-street parking spaces a use or a mix of uses may require. In determining such off-street parking requirements, the City may use the alternative methods described following. The City reserves the option of requiring the use of more than one of these methods, depending on the type, size and mix of uses in a proposed development: 1. Tables 9-... and 9-... of this Section specifying the standard number of parking spaces required for most land uses. This schedule is required unless the applicant can show to the satisfaction of the City decision -making authority that it does not apply. Other alternative methods hereinbelow may then be employed to determine the required parking spaces; 2. The Urban Land Institute "Shared Parking" methodology for calculating the peak demand over time for parking in a development of mixed uses using the same parking facilities; 3. Verifiable actual data and experience from other comparable developments with the particular uses in question, especially pertaining to captive market discounts in parking 4 PARKING demand; JWt: 12122] 4. A City methodology for calculating the parking demand for extremely complex or unusual uses or combinations of uses for which the standard schedule, the Urban Land Institute methodology and/or verifiable data are not applicable. Some or all of the following factors may be utilized in this methodology: expected numbers of occupants, employees, customers, or visitors, vehicles stationed on the site, service and loading spaces required, handicapped spaces required, emergency access considerations, and use of parking by unauthorized vehicles; 5. An experimental approach permitting a trial period within which parking demand may be proven, with appropriate guarantees. B. Increases in Spaces Requi.Td. The City may increase the required number of parking spaces for a particular use or development from that shown in Table 9-.. or 9-... of this Section under the following circumstances: 1. Additional off-street parking shall be provided in accordance with the requirements of this Section at the time an existing building is altered, or dwelling units or guest rooms are added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use; 2. If the number of parking spaces actually provided in accordance with a City -certified parking plan proves by experience to be inadequate to reasonably protect the health, safety, and welfare of the public, the required number of parking spaces may be increased by the City. Such increase may be ordered by the City Council after review and recommendation from the Planning Commission. If the property owner or user is unable or unwilling to provide the additional required parking, the City may initiate proceedings which have the effect of reducing the intensity of the land use to a level commensurate with the amount of parking available. C. Decreases in Spaces Required The City may decrease the required number of parking spaces for a particular use or development from that shown in Table 9-.. or 9-... of this Section under the following circumstances: 1. A significant permanent reduction in the use is demonstrated and guaranteed to the satisfaction of the City. 2. One of the methodologies described in Subsection A of this Section shows to the satisfaction of the City that parking demand is less than that shown in Table 9-.. or 9-.... D. Parking Reductions in CY District. The City may permit required parking spaces in the CV Village Commercial district to be reduced through execution of a parking agreement, subject to the 5 PARKING P,J't. 12122] following requirements: 1. A binding agreement, recorded against the property, between this City and the property owner. The agreement shall contain, at a minimum, all of the following: a. The agreement shall be binding upon the parties thereto, their heirs, successors and assigns, and shall run with the land; b. A payment schedule with a payment period not exceeding four years. If an assessment/benefit or parking improvement district is established, the obligation of the property owner shall become due and payable under the terms of such district; c. A cash mitigation payment. The amount per space shall be established as determined by the Planning and Development and Public Works Departments, plus an inflation factor. The amount will be calculated at the time of agreement execution. 2. An irrevocable offer from the property owner to participate in any future assessment/benefit or parking improvement district that may be formed in the CV district. 3. The money collected may be released to a City -created assessment/benefit or parking improvement district, or may be used in the furtherance of general parking improvements in the CV district, at the option of the City. Any financial obligation issued against such property shall be reduced accordingly to the amount of mitigation money paid at the time of the district formation. 4. The property owner shall secure the mitigation payment by providing the City with a second deed of trust in the amount of the total mitigation payment. E. Certification of Required Parking. Numerical parking space requirements shall be determined and/or amended through approval of a parking plot plan pursuant to Section .... The numerical requirements shall be deemed certified upon such approval. 9.140.060 Spaces Regtdmd by Use. A. Land Uses not Listed. If no provisions for the required number of offstreet parking spaces are set forth in Tables 9-... or 9-... of this Section or the provisions are not clear for a specific use, the decision -making authority for the applicable use or project shall determine the number of parking spaces required. B. Definition of GFA. For purposes of this Chapter and this Code, gross floor area or GFA means the total square footage of all floors of a building, including the exterior walls but excluding courtyards and other outdoor areas. C. Parking for Residential Land Uses. 1. Table 9-... following contains the minimum number of parking spaces required for each type of residential land use. ri" �;.6 PARKTAG [Draft: 121221 2. Whenever any commercial or industrial use is located on a building site that is also used for residential purposes, parking facilities shall be provided for the residential use per Table 9-... in addition to the spaces required for the nonresidential use(s). TABIE 9,..: PARKING FOR RESIDENTIAL LAND USES Land Use Min. Offstteet Paddng Requirement Additional Regturemenfs Single family detached., single 2 spaces per unit in a garage plus 2 Driveway length must be family attached and duplexes driveway spaces in front of garage (Le minimum 20 ft. to allow in tandem with garage spaces), plus .5 room for driveway parking. guest spaces per unit if no on -street Additional guest parking may parking is available be required by the decision - making authority if drive- ways are not of sufficient length. Townhomes 2 spaces per unit in a garage plus .8 All units shall be within 100 guest spaces per unit ft. of the nearest guest space. A parking plan will be required as part of develop- ment review showing alloca- tion of guest spaces. All guest spaces shall be restrict- ed to the use of guests only. Apartments and "airspace" condominiums: (1) Studio 1 covered space per unit, plus .5 guest For apartments and condo - spaces per unit miniums, a -room such as a den, study, or sewing room (2) One -bedroom 1.2 covered spaces per unit plus .5 shall count as a bedroom guest spaces per unit For apartments, condonmin- (3) Two -bedroom 2 covered spaces per unit plus .5 guest iums, mobilehome parks, spaces per unit senior citizen hotels, and congregate care facilities, (4) Three or more bedroom 2.3 covered spaces per unit plus .5 parking shall be arranged so covered spaces per each bedrm. over that all units are within 100 three, plus .5 guest spaces per unit. ft. of the nearest guest space. A parkingplan shall be Mobilehome parks 2 covered spaces per unit, which may required as part of be in tandem, plus .8 guest spaces per re development review showing unit allocation of dwelling unit spaces and guest spaces. All Senior group housing/senior .5 covered spaces per unit plus .5 guest spaces shall bespace citizen hotels and congregate st s unit restricted to the use of guests care facilities only. 7 [Draft: 12J221 TABLE 9-...: PARKING FOR RESIDENTIAL LAND USES Land Use Min. Offstreet Paddng Requirement Additional Requirements Boardinghouse, roominghouse, 1 space per sleeping room and single room occupancy hotels D. Parking for Nonresidential Land Uses. 1. Adequate Parking Required All nonresidential land uses shall provide offstreet parking in compliance with this Subsection and with Table 9-... following unless modified by the provisions contained in Section .... Table 9-..., sets forth the minimum requirements for each use. It shall be the responsibility of the developer, owner or operator of any use to provide adequate offstreet parking even though such parking may be in excess of the minimum requirements set forth in this Section. The City may impose such additional parking requirements in accordance with Subsection C of this Section if it finds that a parking study or other empirical data has demonstrated that additional parking spaces are required for a specific use or mix of uses. 2. Bicycle Parking. In addition to the automobile parking spaces required per Table 9-... following, bicycle parking shall be provided for certain nonresidential uses in accordance with Subsection ... of this Section. TABLE 9-...: PARKING FOR NONRESIDENIIAI, LAND USES Land Use I Mm Offstteet Packing Requirement Additional Regtrirements COMMERCIAL USES: Adult Businesses 1 space per 200 sq/ft GFA Barbershops 2 spaces per chair Bars, pubs and cocktail lounges 1 space per 50 sq/ft GFA including indoor/outdoor seating areas (see also Restaurants) Beauty parlors/hair salons 3 spaces per station Dry cleaners 1 space per 200 sq/ft GFA PARKING 12122] TABLE 9-...: PARKING FOR NONRESIDENTIAL LAND USES Laundromats As stand-alone use: 1 space per 3 A washer/dryer combination machines. is considered one machine As part of a larger building: 1 space per 200 sq/ft GFA Lumberyards and nurseries 1 space per 500 sq/ft GFA indoor area, plus 1 space per 1000 sq/ft of outdoor area devoted to display or sales, plus 1 space per 2 employees Model home sales complexes 10 spaces Personal service establishments, 3 spaces per station including tanning salons, nail salons, massage services and uses of a similar nature Restaurants: (1) Conventional "sit-down", 1 space per 75 sq/ft GFA including including any bar portion indoor and outdoor seating areas (2) Drive-in/fast food 1 space per 100 sq/ft GFA, including Drive-thru stacking lane shall indoor and outdoor seating areas, but be located so that it does not no less than 10 spaces. In addition, also serve as an access aisle there shall be at least 2 "grill' spaces to parking spaces for vehicles awaiting orders already paid for. (3) Retail food with ancillary 1 space per 150 sq/ft GFA including seating indoor and outdoor seating areas Retail Commercial: (1) General retail uses under space per 200 sq/ft GFA For shopping centers, restau- 50,000 sq/ft GFA rants shall be computed separately using the (2) General retail uses 50,000 1 space per 150 sq/ft GFA applicable restaurant parking sq/ft GFA and greater ratio (3) General retail uses 100,000 1 space per 125 sq/ft GFA sq/ft GFA and greater (4) Furniture and appliance 1 space per 500 sq/ft GFA stores PARKING (Drat: 121221 TABLE 9-...: PARKING FOR NONRESIDENTIAL LAND USES Warehouses, storage buildings 1 space per 1000 sq/ft of gross area or structures used exclusively for storage purposes for storage Wholesale establishments and 1 space per 500 sq/ft GFA, excluding warehouses not used that area devoted to office or sales, exclusively for storage plus 1 space per 250 sq/ft of office or sales area Mini -storage facilities: (1) Single -story 1 space per 5000 sq/ft plus 2 spaces Drive aisles between storage for any caretaker's unit bays must be wide enough for a parked vehicle plus a (2) Multistory 1 space per 2000 sq/ft plus 2 spaces fire lane for any caretaker's unit Outdoor storage, such as auto 1 space per 1000 sq/ft, but no less wrecking and salvage, than 6 spaces contractors storage yard OFFICE AND HEALTH CARE USES: Banks, savings and loans, credit I space per 200 sq/ft GFA (For either unions and similar financial stand-alone or uses which are part of institutions a larger building) Convalescent hospitals and I space per 4 beds, in accordance with See also senior group nursing homes, homes for the the resident capacity of the home as housing (senior citizen aged. rest homes, children's listed on the required license or permit hotels) under Residential homes and sanitariums Uses, preceding General offices, other than I spaces per l50 sq/ft GFA Rates are for office uses medical or dental only. If ancillary uses are included, such as financial institutions, restaurants or retail establishments, parking for such uses must be provided per their applicable rates Hospitals 1.75 spaces per bed Parking study may be required Medical or Dental l space per 200 sq/ft GFA for first Offices/Clinics 2000 sq/ft plus 1 space per each 175 sq/ft over 2000 10 PARKING [Dr�t: 12122] TABLE 9-...: PARING FOR NONRFSIDENTTAL LAND USES Veterinary hospitals and clinics 1 space per 200 sq/ft GFA exclusive of overnight boarding areas AUTOIVI Inn USES: Automobile repair facilities 1 space per 300 sq/ft GFA, but not less than 5 per business Automobile Service Stations: For service stations, GFA means all areas which are (1) Without retail sale of 1 space per 250 sq/ft GFA, plus 2 fully enclosed and shall beverage and food items spaces per service bay include retail area, restrooms, storage and mechanical areas, (2) With retail sale of beverage 10 spaces, plus 1 space per 250 sq. ft. service bays, and cashiers and food items GFA, plus 2 spaces/service bay booth Automobile, truck, boat, and 1 space per 300 sq/ft of office area. similar vehicle sales or rental plus 1 space per 1000 sq/ft of establishments indoor/outdoor sales/display area, plus 1 space per 300 sq/ft GFA for repair/service areas, plus 2 spaces per service bay Mobilehome sales 1 space per 300 sq/ft of office area, plus 1 space per 2500 sq/ft of indoor/outdoor sales/display area, Car Washes: (1) Full -service 16 spaces. (Fuel, vacuuming or drying Applicant may be required to areas shall not be counted as parking submit a parking study which spaces) includes a stacking analysis for the proposed facility (2) Self-service 2 spaces per wash bays (wash bays shall not be counted as parking spaces) INDUSTRIAL USES: General manufacturing and 1 space per 500 sq/ft GFA (with industrial uses maximum 10 percent office area) 11 Y PARKING [Draft: 121221 TABLE 9-...: PARKING FOR NONRESIDENTIAL LAND USES Industrial Parks/Research and Developrnent: (1) Manufacturing, research 1 space per 500 sq/ft (with maximum If uses are not precisely assembly, packaging, 10 percent office area) identified at the time of wholesaling application, the parking shall be based on the manufact- (2) Warehousing and 1 space per 1000 sq/ft (maximum 10 uring, research, assembly, distribution space percent office area) packaging and wholesaling rate (3) Offices 1 space per 250 sq/ft for office square footage which exceeds 10 percent of GFA ASSENMLY USES: Auditoriums, theaters (not 1 space per 3 seats and 1 space per 25 18 lineal inches of bench including cinemas) sq/ft GFA where there are no fixed shall be considered 1 fixed seats seat. Churches, temples and other 1 space per 3 seats within the main 18 lineal inches of bench places of assembly not specified auditorium and 1 space per 25 sq/ft shall be considered 1 fixed elsewhere GFA within the main auditorium seat. Additional parking will where there are no fixed seats, plus be required at the same rate required parking for other uses on the for other auditoriums, site assembly halls or classrooms to be used concurrently with the main auditorium Cinemas (single- and multi- 1 space per 3 seats, plus 5 spaces for screen) employees Clubs, lodge halls and union 1 space per 35 sq/ft GFA within the halls (not including health main auditorium, plus required clubs) parking for other uses on the site Dance halls 1 space per 7 sq/ft of dance floor area, plus 1 space per 35 sq/ft of additional GFA Mortuaries and funeral homes 1 space for every 25 sq/ft or fraction thereof of assembly room floor area, plus 1 space for each vehicle stored onsite, plus 5 spaces for employees Senior centers 1 space per 125 sq/ft GFA 12 PARKLVG MD ft: 12122] TABLE 9-...: PARKING FOR NONRFSIDEN L4 L LAND USES RESIDIINT A ., LODGING, AND COILD CARE USES: Day care centers, including 1 space per staff member plus 1 space Stacking analysis may be preschools and nursery schools per 5 children. Parking credit may be required to define a drop-off given if queuing area for more than 4 facility that accommodates at cars is provided, but resulting parking least four cars in a shall be not less than 1 per staff continuous flow, preferably member plus 1 per 10 children one-way, to safely load and unload children Hotels: (1) Facilities with less than 200 1.1 spaces per guest bedroom plus 1 Parking study may be rooms space for every 75 sq/ft of meeting required for proposed hotels room GFA plus the spaces required for ancillary commercial uses (2) Facilities with 200 rooms or 1.5 spaces per guest bedroom plus 1 more space for every 75 sq/ft of meeting room GFA plus the spaces required for ancillary commercial uses Motels 1.1 space per guest bedroom plus 1 If ancillary uses are employee space per 10 guest rooms, proposed, a parking study plus 2 spaces for any manager's unit, may be required plus the spaces required for ancillary commercial uses Timeshare facilities 1.5 spaces per dwelling or guest unit Parking study may be plus the spaces required for ancillary required commercial uses Senior group housing, rooming See Table 9-...: "Parking for houses, single -room occupancy Residential Land Uses" hotels, and other residential uses RECREATIONAL USES: Arcades, game and video 1 space per 200 sq/ft GFA Billiard or pool establishments 2 spaces per billiard or pool table plus required parking for other uses on the site Bowling alleys 4 spaces per alley plus required parking for other uses on the site 13 MD t: 12122] TABLE 9-...: PARK NG FOR NONRESIDENTIAL LAND USES Golf Uses: (1) Driving ranges 1 space per tee, plus the spaces re- quired for additional uses on the site (2) Pitch and putt, par three and 3 spaces per hole, plus the spaces re - miniature golf courses quired for additional uses on the site (3) Regulation courses 5 spaces per hole, plus the spaces re- quired for additional uses on the site Handball/racquetball facilities 1.5 spaces per court plus the spaces required for additional uses on the site Health clubs and spas 1 space per 150 sq/ft GFA (for Parking study may be purposes of this use, swimming pool required area shall be counted as floor area) Libraries 1 space per 300 sq/ft GFA Shooting ranges 1 space per shooting station plus 5 spaces for employees Skating rinks, ice or roller 1 space per 100 sq/ft GFA, plus the spaces required for additional uses on the site Stables, commercial 1 space per each 5 horses kept on the premises Swimming pools, commercial 1 space per 500 sq/ft of fenced outdoor area plus the spaces required for additional uses on the site Tennis clubs, commercial 3 spaces per court, plus the spaces required for additional uses onsite PUBLIC AND SEMI PUBLIC USES: Public utility facilities not 1 space per employee plus 1 space per Parking study may be having business offices on the vehicle used in connection with the required premises, such as electric, gas, facility water, telephone facilities 14 PARKING ID?nft: 12122] TABLE 9-...: PA.RRING FOR NONRESIDENTIAL LAND USES Schools: (1) Elementary and junior high 2 spaces/classroom or middle schools (2) Senior high schools 10 spaces per classroom (3) Colleges, universities and 20 spaces per classroom institutions of higher learning (4) Trade schools, business 20 spaces per classroom colleges and commercial schools 3. Required Bicycle Parking. Bicycle parking shall be provided for certain nonresidential uses in order to encourage the use of bicycles and to mitigate motor vehicle pollution and congestion. The minimum bicycle parking requirements for nonresidential uses are as follows: a. Land uses required to provide bicycle parking equal to minimum three percent of the total parking spaces required per Table 9, include: video arcades, bowling alleys, cinemas/movie theaters, commercial recreation, tennis clubs, health clubs, libraries, schools, and skating rinks. b. Land uses required to provide a minimum of five bicycle parking spaces include: churches, clubs/halls, hospitals, and restaurants (all categories). c. Land uses required to provide a minimum of one bicycle parking for every 25,000 square feet of gross floor area include governmental, general, medical, and financial office uses. d. In addition to the requirements of Subsections 2.a. through 2.c. of this Section,, retail centers shall provide five bicycle parking spaces for each tenant having over 20,000 sq/ft of gross floor area. The spaces shall be provided at or near the major tenant's main entry. e. Bike racks shall be placed in shaded locations, out of the way of pedestrian flows and shopping cart storage and shall be provided with a mechanism which permits locking a bicycle onto the rack: 15 PARKING 9.140.070 Shared Paring. [Drrr t. 12122] A. Cumulative Pa*ing Spaces Required Unless a reduction is permitted in accordance with Subsection B of this Section, the cumulative parking spaces provided for all land uses in a. given area shall be equal to or more than the sum of the parking spaces required for the individual uses in that area, even if two or more nonresidential uses jointly develop and use required parking facilities. B. Reduction in Cumulative Spaces Via Shed Parking. The cumulative parking spaces required for land uses in a given area may be less than the sum of the parking spaces for the individual uses in the area if the City approves a shared parking plan based on one of the following: The approved parking plan was developed and designed based on parking demand established by means of the Urban Land Institute's "shared parking" methodology (as described in ULI: "Shared Parking," 1983) using locally adapted data which consider the Coachella Valley's unique seasonality and demographics. 2. The approved parking plan was developed and designed based on the methodology for alternative parking demand determinations in accordance with Section.... 3. In cases where shared parking is desired but insufficient data is available to use either of the preceding methodologies, an experimental parking arrangement may be temporarily approved subject to all of the following conditions: a Reasonably comparable data from similar joint uses demonstrates to the satisfaction of the City that the joint-ase proposal is potentially workable; b. The joint uses are separated in time by a minimum of sixty minutes and/or are for separate days; c. A 15 percent excess capacity is provided to accommodate unforeseen miscalculation of peak use and/or separation of time; d. The joint time-shared use of parking facilities is a binding part of one or more approved plans for the uses requiring the parking; e. To guarantee a two-year proof period, the land for additional parking is reserved or optioned and a bond or acceptable equivalent mechanism (in favor of the City) is posted to cover the costs plus ten percent for acquiring the land and constructing the credited parking spaces for a period of two years from the commencement of the last joint use at one hundred percent capacity, or until such time prior to the expiration of the two-year period as the City elects to release the guarantee pursuant to the conditions of approval; f. An program of data gathering to document the actual parking demand claimed during the trial period is implemented to the satisfaction of the City. 16 PARKEVG [Draft: 12122] 9.140.080 Paddng Facility Design St mdards. A. Parking Layout and Omdation 1. Except for single-family detached, single-family attached, duplex, and townhome residential uses, no parking facility shall be designed so that vehicles are required to back into a public street to exit the facility. 2. No parking space shall be located within three feet of any property line. 3. Tandem parking shall be permitted only in mobilehome parks/subdivisions and as driveway guest parking for single-family detached, single-family attached, and duplex residential uses. 4. With the exception of single-family detached, single-family attached and duplex residential uses, all parking bays shall be bordered by continuous curbs to serve as drainage channels and as wheel stops. Individual wheel stops shall not be permitted. 5. All driveways shall be designed for positive drainage. If an inverted crown is proposed for a driveway, the center portion shall be a ribbon gutter of portland cement concrete rather than asphaltic concrete. 6. Parking lot layouts shall provide a clear hierarchy of major access drives (connecting the parking area to the public street), fire lanes, loading areas, minor drives, parking bay maneuvering areas, etc. Parking shall not be arranged to require backing out into major access drives. 7. In order to avoid dead end aisles, parking bays with ten spaces or more shall connect with other parking bays or drive aisles or shall provide a turnaround area at the end of the bay. 8. Except for facilities with less than ten spaces, entry or exit driveways (i.e. major access drives) shall provide access between parking bays and the public street but shall not provide direct access to parking spaces. Sufficient throat shall be provided to allow for deceleration/queuing in -bound and queuing out -bound traffic. 9. Entry/exit driveways shall be placed where they result in the least interference with the flow of traffic on the public street to which they connect. 10. Adjacent entry driveways shall be arranged to allow parking lot maneuvering from one establishment to another without requiring exit to the street. Adjacent properties shall maintain agreements which permit reciprocal driveway connections across property lines. 17 PARKING B. Parking Facility Design and Dimensions. [Drc}t: 12122] 1. Regular Space Dimensions. All parking spaces up to the minimum required shall be designated for regular vehicle parking. Regular vehicle spaces shall have the following minimum dimensions: Width: 9 feet; Length 17 feet to curb plus two feet overhang; where curbs are not provided, a minimum length of 19 feet is required. 2. Compact Space Dimensions. Compact spaces are permitted only if such spaces are in excess of the minimum parking requirement for the use. Compact vehicle spaces shall have the following minimum dimensions: Width: 8.5 feet; Length 16 feet to curb plus 1 %2 feet overhang; where curbs are not provided, a minimum length of 171/2 feet is required. Compact vehicle spaces shall be clearly marked and distributed throughout the parking facility. 3. End Spaces. Parking spaces at the end of a parking aisle against a curb or wall shall be widened by two additional feet and/or shall have a backing -out pocket provided. 4. Pandlel Spaces. Spaces provided for parallel parking shall be a minimum of 9 feet wide and 24 feet in length to pen -nit room for maneuvering. If a wall or curb in excess of eight inches in height is adjacent to the parallel parking space, the space shall be ten feet in width. All end spaces confined by a curb shall be 30 feet long. 5. Peking Aisles. Table 9-... following contains minimum dimensions for parking aisles: TABLE 9-...:1NIINI vR M PARKING AISLE DEMENSIONS Parking Angle (degrees) One -Way Aisle Width (feet) Two -Way Aisle Width (feet) 0-44 (0' = parallel) 14 26 45-54 16 26 55-64 18 26 65-79 22 26 80-90 26 26 6. Space Masking. With the exception of single-family detached, single-family attached and duplex residential, all parking spaces shall be clearly marked with white or yellow paint or other easily distinguished material. Marking shall be a minimum of four inches wide and shall be double or "hairpin" style. 18 PARKING [Dra, ft. 12122] 7. Entry/Fait Driveways. Entry and exit driveways for commercial and multifamily parking lots shall be a minimum of 24 feet wide plus any median width (medians shall be a minimum of 3 feet wide). Additional turning lanes, if required, shall be a minimum of 12 feet in width. One-way entry or exit drives shall be a minimum of twelve feet in width. Maximum driveway width shall be 48 feet plus median width properly mdiused. Internal driveways shall conform to the minimum widths, depending on the angle of parking in 'fable 9-... of this section. 8. Curve Radii. Entry driveways shall be radiused at five feet. Internal planter radii shall be a minimum of three feet. Driveway radius shall be a minimum of 16 feet inside and 29 feet outside if confined by a curb or other construction. 9. Sight Distance. No parking space adjacent to a major drive within the parking facility shall encroach on the obstruction -free zone provided for clear view sight distance at access points to major drive where traffic control (such as a traffic signal) is not provided. The obstruction -free zone shall be a six-foot wide linear strip adjacent to the curbline of the street or major drive and shall extend in both directions from the access point in accordance with Riverside County Road Department Standard Drawing No. 806. 10. Handicapped Parking. Handicapped parking shall be provided in accordance with Section C. Fire Lanes. 1. Fire lanes meeting fire department standards shall be provided to allow access all structures (both front and rear) for fire, law enforcement, and emergency medical purposes. 2. Fire lanes shall be kept separate from loading or service areas and shall have a minimum of parking spaces adjacent to the fire lane in order to minimize possible obstruction of the fire lane. 3. Fire lanes shall be adequately marked and patrolled to prevent parking and other obstructions. D. Pedestrian 0widation. 1. The purpose of a parking lot is to provide for the transition from vehicular to pedestrian movement. All parking lot arrangements shall be designed to provide for the maximum safety and convenience of pedestrians in their movement to and from the parking area 2. Where possible, landscaped areas shall also contain paved pedestrian walks for the safe movement of pedestrians. 19 J PARKL7VG XD t: 12122] 3. On major driveways, crosswalks shall be provided to mark cross -vehicular pedestrian movement. 4. Textured surfaces and speed bumps shall be used to keep vehicular speeds low. E. Loading and Other- Service Facilities. 1. Off -Street Loading Requirements. a. Whenever the City determines that the normal operation of any use or development requires that goods, merchandise, or equipment to be routinely delivered to or shipped from that location, sufficient off-street loading and unloading area must be provided in accordance with this Subsection to accommodate such activities in a safe and efficient manner. For purposes of this Chapter, the tern loading means both loading and unloading. b. Table 9-... following shows the number and size of loading berths expected to satisfy the standards set forth in this Subsection. However, the Planning Commission may require more or less loading area if it determines such change to be necessary to satisfy the purpose set forth in Subsection La. of this Section: TABLE 9-...: NUMBER OF LOADING BERTH REQUIRED BY FLOOR AREA Gross Floor Area. (sq/ft) Muumum Loading Berths Required 1,000-19,999 1 20,000-79,999 2 80,000-127,999 3 128,000- 191,999 4 192,000 - 255,999 5 256,000- 319,999 6 320,000- 391,999 7 Each additional 72,000 square feet or fraction thereof 1 additional berth c. Each loading berth shall be not less than 45 feet in length and 12 feet in width exclusive of aisle or maneuvering space, and shall have an overhead clearance of not less than 14 20 PARKNG feet. [Drcft: 12122] d. Loading berths may occupy all or any part of any required yard space except front and exterior side yards and shall not be located closer than 50 feet from any lot in any residential zone unless enclosed on all sides (except the entrance) by a wall not less than eight feet in height. In addition, the Planning Commission may require screening walls or enclosures for any loading berth if it determines that such screening is necessary to mitigate the visual impacts of the facility. e. Loading berths shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way, complete the loading and unloading operations without obstructing or interfering with any fire lane, public right-of-way or any parking space or parking lot aisle. f. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting to a street or alley. Entrance from and exits to streets and alleys shall be designed to minimize traffic congestion. g. Sufficient room for turning and maneuvering delivery vehicles shall be provided on the site so that vehicles are not required to back up in order to leave the site. h. The loading berth, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys. i. Bumper rails and bollards shall be provided at locations where needed for safety or to protect property. j. If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to minimize glare. k. No repair work or servicing of vehicles shall be conducted in any loading berth. 1. Off-street loading facil:Lties shall be located on the same site as the use served. m. Loading berths being maintained in connection with any main building existing on the effective date of this Code shall thereafter be maintained so long as the building remains, unless an equivalent number of such berths are provided on a contiguous lot in conformity with the requirements of this chapter; provided, however, that this regulation shall not require the maintenance of any such space for any type of main building other than those specified above. [ed note: dds pwvgrnph from the existing code appews to conflict with the one immediately preceding] 21 PARKING [Drc}t.• 12122] n. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this Chapter for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use ,requiring the greatest number of loading berths. o. Loading facilities for a single use shall be considered as providing required loading facilities for any other use on the same site as long as sufficient spaces are provided to meet the requirements of all uses. p. Off-street loading berths shall be provided prior to the time of initial occupancy or prior to completion of major alterations or enlargement of a structure or site. The number of loading berths provided for a major alteration or enlargement of a structure or site shall be in addition to the number existing prior to the alteration or enlargement. q. No area allocated to loading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading facilities. r. No loading berth which is provided for the purpose of complying with the provisions of this Section shall hereafter be eliminated, reduced, or converted in any manner below the requirements established in this title, unless equivalent facilities are provided elsewhere, conforming to this chanter. s. Because of the weight of trash trucks and other delivery vehicles, alleys and loading berths serving such v&dcles shall be improved with a minimum structural section of 3'/2 to 6 inches of portland concrete over a suitable base, depending on a recommendation by a registered civil engineer. 2. Utilities. All utility connections, utility meters, and mechanical equipment shall be accessible from an area adjacent to (but not within the maneuvering area of) the fire lanes. Enough space shall be provided for a service truck to park adjacent to the utility area Such area shall not conflict with the loading and maneuvering areas required per Subsection G.1. of this Section. 3. Trayh Facilities. Enclosures shall be provided exclusively for trash collection. Such enclosures shall meet the specifications of the contracting solid waste company and shall be screened from view by means of an opaque six foot -high wall and opaque gates. Gates shall not open toward a public street. A decorative overhead structure such as a trellis shall be integrated into the enclosure design if it is visible from higher terrain or buildings. 22 PARKING F. Peking Lot Surjaring. PIT:.12122] 1. All parking areas shall be designed and built with positive drainage to an approved drainage conveyance. No ponding shall be permitted. 2. All parking and maneuvering areas shall be paved with asphaltic or portland concrete over the appropriate asphaltic base. The structural section of the pavement and base material shall be commensurate with the anticipated loading and shall be calculated in accordance with the method promulgated by the California Department of Transportation (Caltrans). 3. The minimum thickness for portland concrete surfacing is three and one-half inches and shall be increased as needed to accommodate the expected loading. Expansion joints shall be provided. 4. The minimum structural section for asphaltic concrete pavement shall be compacted to a minimum thickness of three inches on four inches of Class Two base. The base thickness can be varied based on the recommendation of a preliminary soil report. A modified structural section may be used based upon the recommendation of a registered civil engineer if approved by the City. 5. For projects exceeding twenty acres, up to 25 percent of the required parking spaces (excluding driveways and other maneuvering spaces) around the perimeter of the parking lot adjacent to streets may be surfaced with grass block (a form of block into which grass is planted) instead of asphaltic or portland concrete. Use of this material increases percolation of rain, reduces detention basin sizes, gives the impression of greater landscaped space, and reduces the hard paved surface thereby reducing the local heating effects. Grass block areas must be irrigated (preferably at night) and mowed. The configuration of the grass block will require solid block between spaces to demarcate parking stalls. Curbs are still required as edges of grass block parking areas. This option is provided because use of the outer edges of parking lots tends to be limited to holiday season peak periods. G. Valet Peking. 1. Valet parking shall be reviewed by the Planning Commission as a separate item apart from the site development permit or other entitlement for the use. 2. When valet parking is provided, a minimum of 25 percent of the required parking area shall be designated and arranged for self -parking to prevent on -street parking and blocking of fire lanes. 3. The drop-off point for valet parking shall be convenient to the front door of the facility, shaded, one way, and of sufficient capacity to accommodate three cars abreast. 23 PARKLVG MD ft: 12122] 4. The route from the drop-off pick-up point to the area designated for parking shall be via an onsite private drive and shall not utilize any public street. 5. A safe pedestrian route for valet staff shall be provided which does not cross the path of the valet parking route. 6. All valet parking approvals shall be conditioned to require that sufficient liability insurance for patrons be carried during each year of operation. R Shopping Cart Storage. 1. Every use which utilizes shopping carts shall provide a shopping cart collection area or cart racks. 2. Cart racks shall be distributed so that no parking space within the facility is more than in 100 feet from the nearest cart rack in order to prevent parking spaces from being lost to the random abandonment of shopping carts. 3. Each cart rack shall include either a steel frame or curbs on the lower side to contain the shopping carts. 4. Nonresidential site development permit approvals shall include a condition requiring parking lots to be cleared of shopping carts no less frequently than once every two hours. More than twenty-five percent of the required parking spaces blocked by shopping carts shall constitute a public nuisance and shall be abated. 5. Site plans and parking facilities shall be arranged in such a way that pedestrians with carts need not cross major internal driveways or alternatively, to provide a crosswalk at crossing points with textured paving preceding the crosswalk to alert drivers. 6. If sidewalks adjacent to stores are used for temporary storage of assembled shopping carts, such sidewalks shall be designed with extra width so that pedestrian flows are not blocked by shopping carts. The Planning Commission may also require a screening wall or landscape screening in front of such a cart storage area I. Underground and Decked Parking. 1. The minimum dimensions for underground, decked, or covered parking shall be as required for uncovered surface area parking as specified throughout this section, except additional minimum dimensions may be required for specific circulation conditions or structural impediments created by the parking structure. 2. The clearance heights of overhead obstructions shall be clearly marked. 24 M PARKING [Wt. 12122] 3. A level or nearly level transition area between the street and ramps up or down parking shall be provided for a distance which will provide adequate sight distance at the street. 4. Landscaping shall be incorporated into parking structures to blend them into the environment. This shall include perimeter grade planting and rooftop landscaping as deemed appropriate by the Planning Commission . 5. Parking structures shall be subject to site development permit review in all cases. As part of such review, special care shall be taken to prevent the mass and height of parking structures from intruding into the streetscape. 6. Multiple level parking structures shall contain light wells (minimum dimensions: 20 x 20), placed at least every two hundred feet. The base elevation of the light well shall be landscaped. Tall trees (especially palms) shall be used to tie together the various levels of the parking structure. In addition, the Planning Commission may require that upper levels be set back from the level immediately below in order to minimize the apparent mass of the structure from the street. J. Drive-Thru Facilities. 1. Drive-thru facilities shall conform to the following regulations. Exceptions to these regulations may be permitted by the Planning Commission when it determines that existing on- or off -site conditions wan -ant alternative design solutions. 2. No drive -through facility shall be permitted within 200 feet of any residentially zoned or used property. 3. Safe on- and off -site traffic and pedestrian circulation shall be provided including, but not limited to, traffic circulation which does not conflict with entering or exiting traffic, with parking, or with pedestrian movements. 4. A stacking area shall be provided for each service window or machine which contains a minimum of seven tandem standing spaces inclusive of the vehicle being served. The standing spaces shall not extend into the public right-of-way nor interfere with any internal circulation patterns. 5. The drive -through facility shall be designed to integrate with existing or proposed structures, including roof lines, building materials, signage and landscaping. 6. Vehicles at service windows or machines shall be provided with a shade structure. 7. Amplification equipment, lighting and location of drive -through elements and service windows shall be screened from public rights -of -way and adjacent properties. 25 PARKING [Draft: 12122] 8. Exits from drive -through facilities shall be at least three vehicles in length, shall have adequate exiting sight -distance, and shall connect to either a signalized entry to a traffic or shall be limited to right turns only. K. Lighting. 1. Illumination of parking and loading areas shall conform to the requirements this Subsection and Section ... (Outdoor Lighting). 2. Lighting shall be provided for all parking lots exceeding four spaces. 3. All off-street parking areas in multifamily residential districts shall be illuminated at night. 4. Commercial establishments shall provide night lighting throughout required parking areas at all hours of customer and employee use. 5. Night use of loading areas shall be provided adequate lighting. 6. Entries/exits to all parking areas shall provide safety lighting all night as approved by the Planning Commission. 7. Lighting, where installed for parking area, sales and/or display area, shall be arranged so as to reflect away from adjoining residential areas and shall be designed to minimise impacts on vehicular traffic and residents. 8. Light sources shall not be visible from off the property, shall not direct light skyward, and shall be so arranged by means of filters or shields to avoid reflecting light onto adjoining properties or streets. 9. Light standards should be placed between parking spaces or built into landscaped areas. 10. Light standard heights shall be as per manufacturer's recommended photometrics, but in no case shall the height exceed the maximum permitted building height of the zone in which it is situated or eighteen feet, whichever is greater. Graduated light standard heights within a site with lower heights in peripheral areas may be required by the Planning Commission to provide compatibility with adjoining properties and streets. 11. Average illumination levels in parking areas which require lighting shall be between one and two footcandles, with a maximum ratio of average light to minimum light of three to one. Lighting plans shalk take into account the placement and growth of landscape materials. 12. Low voltage up -lighting of wall surfaces is encouraged. 26 PARKING L. Screening of Parking Areas. [Draft: 121221 1. Screening Required. Except for single-family detached, single-family attached and duplex residential, all parking areas shall be screened by means of walls or other materials in accordance with this Subsection. 2. Height. Screening shall be a minimum of three feet high adjacent to public streets or nonresidential uses and a minimum of six feet high adjacent to residential uses, except that any walls within ten feet of a street or alley shall not exceed 30 inches high. This restriction shall not apply in the C= d-T subzone of the village. 3. Screening Walls. a. Wall Materials. Walls shall consist of concrete, stone, brick, tile or similar type of solid material a minimum of six inches thick. Walls shall utilize durable materials, finishes, and colors consistent with project buildings. b. Wall Articulation. To avoid visual 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. Screening walls or fences may also include open portions (tubular steel, wrought iron, etc.) if the decision -making authority determines that the desired screening of parking areas is still achieved. c. Wall Planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the decision -making authority. 4. Other Screening Materials. In addition to walls, screening may consist of one or a combination of the following materials: a. Plant Screens rnzd Benns. Plant materials, when used as a screen, shall consist of compact evergreen plants or landscaped berms (earthen mounds). 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. Width of landscape strips and other landscaping standards shall be in accordance with Subsection ... of this Section. b. Solid Fences. A solid fence shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. c. Open Fences. An open weave or mesh -type fence shall be combined with plant materials to form an opaque screen. 27 '�lr.r PARKLVG M .Parking Facility Landscgo ng. 1. Purpose. Landscaping of parking landscaping minimizes nuisances desert climate, and enhances the incorporated into the design of Subsection. LD t: 12122] lots is beneficial to the public welfare in that such such as noise and glare, provides needed shade in the visual environment. Therefore, landscaping shall be all off-street parking areas in accordance with this 2. Preservation of Existing Trees. Where trees already exist, the parking lot shall be designed to preserve as many such trees as feasible (in the opinion of the decision -making authority) in order to make the best use of the existing growth and shade. 3. Screening. Screening of parking areas shall be provided in accordance with Subsection ... of this Section. 4. Perimeter Landscaping. Whenever any parking area, except that provided for single-family dwellings, adjoins a street right-of-way, a perimeter planting strip between the right-of-way and the parking area shall be landscaped and continuously maintained. All planting within ten feet of any entry or exit driveway shall not be permitted to grow higher than 30 inches. Berms or low walls may also be incorporated into the planting strip. The width of the planting strip, measured from the property line, shall be in accordance with Table 9-... following. (See also Nonresidential Development Standards, Section ...). TABLE 9-...: REQUIRM PEREVMM R LANDSCAPING Street or Iliighway Main. Width of Planting Strip Area to be Shaded (feet) Highway 111 50 Primary Image Corridors* 20 Other Streets and Highways 10 * The following are Primary Image Corridors as identified in the General Plan: Washington Street, Jefferson Street, Highway 111, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington St.) r 5. Interior Landscaping. Within open parking lots (i.e. not including parking structures) containing four or more parking spaces, a minimum of three percent of the interior parking area shall be landscaped. Perimeter planting strips required per Subsection ... of this Section shall not be credited toward this three -percent interior landscaping requirement. a. At least one five -gallon size tree for every ten spaces or fraction thereof shall be 28 a PARKING — [Jrc t: 12122] included in the required interior landscaping. b. All open areas between curbs or walls and the property line shall be permanently landscaped and continuously maintained. Landscaping shall include shrubs, trees, vines, groundcovers, hedges, flowers, bark, chips, decorating cinders, gravel, and similar material which will improve the appearance of parking areas;(See also Nonresidential Development Standards, Section ...). c. Interior landscaping shall be distributed evenly throughout the entire parking area. 6. Pa*ing Lot Shading. As part of the minimum three -percent interior landscaping required per Subsection ... of this Section, trees of suitable size (at maturity), spread and climatic conditioning shall be placed throughout the parking area to provide adequate shade for pedestrians and vehicles. Canopy -type trees shall be placed so as to shade a portion of the total parking area within 15 years in accordance with Table 9-... following. TABLE 9-...: REQUIRED PARKING LOT SHADING Nfin. Reamed Pahang Spaces Mm Percent of Pariang Area to be Shaded 0-4 n/a 5-24 30 25-49 40 50+ 50 a. A shade plan shall be submitted with detailed landscaping plans which shows canopies after 15 years growth to confirm compliance with the above percentage requirements. Professional landscaping judgment shall be used to evaluate the plan as to its 15-year growth and coverage and its compliance with the Table's percentage shade requirements. Shade coverage shall be determined by the approximate crown diameter of each tree species at 15 years of age. b. Tree locations should not interfere with required lighting of public areas or parking areas. 7. Landscaped Planters. All planter beds containing trees shall be at least six feet in width or diameter. All landscape planter beds not containing trees shall be at least three feet in width or diameter. Boulders, gravel, and the like, may be integrated with plant material into a well -conceived plan. Berming or other aesthetic approaches integrated into the overall design are encouraged. 29 r PARKLVG [Draft. 12122] S. Curbs Required All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb or landscape planter at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area 9. Ingation. Effective full -coverage irrigation systems shall be installed and maintained in all landscaped areas so that landscaping remains in a healthy growing condition and in compliance with the approved plan. All dead vegetation shall be removed and replanted. Hose bibs shall be placed at intervals of not less than two hundred feet. Irrigation water shall be contained within property lines. 10. Landsccping of Undeveloped Areas. All undeveloped areas, such as pads for fixture development, within the interior of any parking area shall be landscaped with appropriate plant material and maintained in good condition. 11. La&scape Plans. Landscape plans shall be submitted in conjunction with grading and other development plans for all parking facilities with four or more spaces, except for single family detached, single family attached and duplex residential. Plans shall include all planting, hardscape, irrigation, and other items required by this Subsection. Plant lists shall be included giving the botanical and common names of the plants to be used and the container size at time of planting. 12. Use of Grass Blocks. Subsection ... of this Section provides the option of surfacing the perimeter of larger parking lots adjacent to streets with grass block (a form of block into which grass is planted) instead of asphaltic or portland concrete. N. Nonconfonning Parking. 1. Multifamily and nonresidential uses which were legal uses on the effective date of this Code shall be allowed to continue in operation at whatever parking ratios were m effect at that time the use was established, provided such use was properly permitted and parked in accordance with the regulations in effect at that time. 2. Any additional uses, any intensification of use, any expansions, or any changes of use which involve a need for added parking shall comply with this Section. Only the changed portion of the use will be required to conform to this Section unless an overriding public safety issue, confirmed by the Planning Commission and the City Council, requires a redesign of the existing parking. 9.140.090 Handicapped Parldng. A. Handicap Paarking Facilities Required Public accommodation or facilities, including industrial, commercial, professional, institutional and multifamily dwellings of five or more units, shall provide parking spaces for the physically handicapped in compliance with this Section (see also 30 t ►- PARKING [Dr t:12122J Subsection ... pertaining to design. requirements): B. Spaces Required Table 9-..., following, shows the number of handicapped parking spaces required: TABI E 9-...: REQUMM HANDICAP SPACES Total Number of Parking Spaces Number of Handicapped Parking Spaces Required 1-40 1 1 41-80 2 81-120 3 121--160 4 161--300 5 301--400 6 401--500 7 Over 500 1 for each 200 additional spaces provided C. Pw*ing Spxe Size a7d Locction Parking spaces for the physically handicapped shall be located as near as is feasible to a primary entrance. If only one space is provided, it shall be 14 feet wide and outlined to provide a nine -foot parking area and a five-foot loading and unloading area. When more than one space is provided, in lieu of providing a 14-foot-wide space for each parking space two spaces may be provided within a 23-foot-wide area lined to provide a nine -foot parking area on each side of a five-foot loading and unloading area in the center. The minimum length of each parking space shall be 18 feet. (See also Section ... pertaining to design requirements.) D. An-angement of Pa*ingArea In each parking area, a bumper or curb shall be provided and located to prevent encroachment of cars over the required width of walkways. Pedestrianways which are accessible to the physically handicapped shall be provided from each such parking space to related facilities, including curb cuts or ramps as needed. Ramps shall not encroach into any parking space except where such encroachment into the length of any handicapped space does not limit the handicapped person's capability to enter or leave the vehicle. B. Slope of Pa*ing Spxe. Surface slopes of parking spaces for the physically handicapped shall be the minimum possible and shall not exceed one-half percent in any direction. F. Identification of Spaces. 31 c PARKING [Drat: 12122] 1. Each parking space reserved for the handicapped shall be identified by a permariently affixed reflectorized sign constructed of porcelain on steel, beaded text, or equivalent displaying the international symbol of accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade or centered on the wall at the interior end of the parking space at a minimum height of 36 inches from the parking space finished grade, ground or sidewalk. In addition, the surface of each parking place shall have a surface identification duplicating the symbol of accessibility in blue paint at least three square feet in area. 2. A sign shall be posted, in a conspicuous place, at each entrance to the otTstreet parking facility, not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, which clearly and conspicuously states the following: "Unauthorized vehicles not displaying the distinguishing placards or license plates issued for physically handicapped persons may be towed away at the owner's expense. Towed vehicles may be reclaimed at or by telephoning " G. Vertical Clea-are. Entrances to and vertical clearances within parking structures shall have a minimum vertical clearance of eight feet two inches where required for accessibility to handicapped parking spaces. H. Additional Requirements. State regulations for accommodation of the disabled should be referred to for additional handicapped site development requirements, including curbs, ramps and landing requirements. Information is available at: Office of the State Architect Access Compliance Unit 1500 5th Street Sacramento, CA 95814 1 A Draft. 119195 CHAPTER 9.160: SIGNS Sections: 9.160.010 Purpose and Intent ........................... 1 9.160.020 Exempt Signs ............................... 1 9.160.040 Permanent Signs in Residential Districts ......... 5 9.160.050 Permanent Signs in Nonresidential Districts ....... 6 9.160.060 Permitted Temporary Signs .................... 9 9.160.070 Permitted Semi -Permanent Signs .............. 11 9.160.080 Sign Permit Review ......................... 13 9.160.090 Prohibited Signs ........................... 17 9.160.100 Existing Signs ............................. 19 9.160.110 Enforcement .............................. 20 9.160.120 Sign Definitions ............................ 21 9.160.010 Purpose and Intent. A. Purpose. These regulations are intended to implement the goals and policies of the General Plan by: 1. Providing minimum standards to safeguard and enhance property values and protect public and private investment in buildings and open spaces; 2. Preserving and improving the appearance of the City as a place to live, work and visit. 3. Encouraging sound signing practices to aid business and provide information to the public; 4. Ensuring that signs effectively identify business and other establishments; 5. Preventing excessive and confusing signing displays ; 6. Reducing traffic hazards and promoting the public health, safety, and welfare by minimizing visual competition among signs; 9.160.020 Exempt Signs. A. Signs not Requiring Sign Permits. The following signs do not require a sign permit nor shall the area and number be included in the aggregate area or number of signs permitted for any premises or use. Such signs shall not be illuminated nor placed within any public right-of-way unless specifically permitted hereinbelow. However, this exemption shall not be construed as relieving the sign owner of the responsibility of: (1) obtaining any building or other permits required for sign erection, (2) proper sign maintenance, or (3) compliance with applicable provisions of this Chapter or of any other law or ordinance: TABLE 9-...: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type 7 Placement Max. Area Illumination In this Table: • "n/a" means not applicable or no restriction • 'Building -mounted" means signs mounted flush -to -wall only 1. Official notices issued by any court or public body or n/a n/a n/a officer and notices posted by any _public officer in the performance of a public duty or by any person giving legal notice LQZC SIGNS [Draft: 1191 TABLE 9-...: EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type Placement Max. Illumination Area 2. Within residential districts, signs identifying the residential Building- 2 sq/ft No address and/or the occupant's name(s) mounted aggregate 3. Signs located in the interior of any building or enclosed n/a n/a Yes outdoor area which are designed and located to be viewed exclusively from within such building or outdoor area 4. Memorial signs or tablets, stained glass windows, or dates Building- 3 sq/ft No of erection cut into the surface of a wall or pedestal or mounted or free - projecting not more than two inches standing ' 5. Directional, warning, or informational signs required by or n/a n/a Yes authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses 6. "Credit Cards Accepted," "Open/Closed," "Association Window or 2 sq/ft No Membership" and similar signs, six signs maximum per building -mounted aggregate premises 7. Decorations clearly incidental and customary and n/a n/a Yes commonly associated with any national, local or religious holiday 8. Sculptures, fountains, mosaics, and design features which n/a n/a Yes do not incorporate advertising or premise identification 9. Property signs (e.g. "No Trespassing," "No Parking," etc.), Building- 3 sq/ft Yes informational/directional signs (e.g, "Restrooms," "Exit," mounted etc.) and warning signs (e.g. "High Voltage") or free-standing 10. Directional signs used to identify street entrances and exits, Building- 3 sq/ft Yes maximum three feet high if free-standing mounted or free-standing 11. Directional pavement marking n/a n/a n/a 12. Newspaper stand identification n/a 3 sq/ft No 13. Restaurant menus or chalkboards Building- 3 sq/ft Indirect only mounted 14. Bulletin boards Building- 6 sq/ft No mounted 15. Signs affixed to motor vehicles which are regularly used Vehicle -mounted n/a No for delivery, transportation, or services in connection with the business or activity identified on the vehicle. 16. Vending machine signs and automatic teller signs n/a n/a Yes Temporary and Semi -Permanent Signs: See Sections ... and ... LQZC SIGNS [Draft: 119] B. Flags, Emblems and Insignias. Within residential districts, non -illuminated flags, emblems, or insignias of a nation, political subdivision, or fraternal or religious organization, and flags of a noncommercial, nonprofit, or civic character are exempt from sign permit requirements provided such displays do not contain commercial advertisement(s) such as product names, business names, professional names, professional services, business logos, or any article or merchandise which is to be sold, bartered, or given away and provided such displays comply with any guidelines concerning their use established by the government or organization represented. All such flags, emblems, or insignias are limited to one per residential parcel with a maximum height of 18 feet and a maximum area of 18 square feet. Flags on nonresidential property are not exempt from sign permit requirements and are regulated by Section ...; C. Repainting. The repainting of a sign in original colors shall not be considered an erection or alteration which requires sign approval unless a structural change is made; 9.160.030 General Sign Standards. A. Applicability. Signs in the City of La Quinta, including exempt, permanent, semi -permanent, and temporary signs, are subject to the general standards of this Section. B. Interpretation of Provisions. Where a matter of interpretation arises regarding the provisions of this Chapter, the more specific definition or more rigorous standard shall prevail. Whenever the Director determines that the application of any provision of this Chapter is uncertain, the issue shall be referred to the Planning Commission for determination. C. Application of Standards. If the Director determines that a staff -reviewed sign does not conform to one or more of the general standards set forth in this Section, the applicant shall be given the option of modifying the sign, applying for a sign adjustment, a variance, or of appealing the staff determination to the Planning Commission. D. Measurement of Sign Area. Sign area shall be measured as follows: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including non- structural perimeter trim but excluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. LQzC SIGNS [Draft: 119] 4. Double -Faced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either ;Face taken separately. Thus, if the maximum permitted sign area is 20 sq.ft., a double-faced sign may have an area of 20 sq.ft. per face. 5. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maximum permitted sign area is 20 sq.ft., the maximum allowable area for each face is only five sq/ft. 6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. E. Measurement of Sign Height. Sign height shall be measured as follows: 1. Building -Mounted Signs. The height of building -mounted signs shall be measured from the average finish grade directly beneath the sign. 2. Free -Standing Signs. The height of a free-standing sign shall be measured from the top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the Director determines that a free-standing sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. F. Sign Placement. 1. Setback from Street. Free-standing signs shall not be located within five feet of a street right- of-way nor within a corner cutoff area identified in Section .... 2. No Off -Premise Signs. All signs shall be located on the same premises as the land use or activity identified by the sign, unless specifically permitted to be off -premise in this Chapter. 3. Utility Lines. No sign shall be located closer to overhead utility lines than the distance prescribed by California law or by the rules duly promulgated by agencies of the state or by the applicable public utility. 4. Traffic Safety. No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic. 5. Public Right -of -Way. No sign shall be located within, over, or across a public right-of-way LQZC WON unless specifically permitted in this Chapter. [Draft: 119] G. 111umination. Illumination from or upon any sign shall be shaded, shielded, directed, or reduced so as to avoid undue brightness, glare, or reflection of light on private or public property in the surrounding area, and so as to avoid unreasonably distracting pedestrians or motorists. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. Illuminated signs which face or are adjacent to residentially zoned property shall be restricted to minimize the illumination, glare or reflection of light which is visible from the residentially zoned property. H. Maintenance. Any sign displayed within the City, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The Director may order the repair or removal of any sign determined by the Director to be unsafe, defective, damaged, or substantially deteriorated. I. Landscaping of Free -Standing Signs. All freestanding signs shall include, as part of their design, landscaping and/or hardscaping about their base so as to prevent vehicles from hitting the sign and to improve the overall appearance of the installation. The applicant shall maintain all landscape areas in a healthy and viable condition. J. lnspection.All sign owners and users shall permit the periodic inspection of their signs by the City upon reasonable notice. K. Specific Plan Standards to Apply. Signs to be located within the boundaries of a specific plan or other special design approval area shall comply with the criteria established by such plan or area.. 9.160.040 Permanent Signs in Residential Districts. Signs identified in Table 9-... following are permitted in residential districts subject to approval of a sign permit per Section ...: LQZC 00 ("1 v>, SIGNS [Draft: 119] TABLE 9-...: PERMANENT SIGNS PERMITTED IN RESIDENTIAL :I DISTRICTS WITH A SIGN PERMIT Sign Type and Max. Max. Area Max. Illumination Additional Placement Number (sq/ft) Height Requirements Note: o Free-standing signs shall not be Iocated within Y of a street right-of-way nor within a corner cutoff area identified in Section .... A "ID" means identification sign. Free-standing project/neighborhood 2 per entry street 24 6 ft. Indirect only 1 monument sign permitted on each side of street entry monument sign Free-standing apartment 2 per entry 18 6 ft. Indirect only 1 permitted on each side of complex ID sign entry drive to the complex Building -mounted 1 per street 18 Top of wall Indirect only For single apt. bldgs only. See apartment building ID frontage above for multi-bldg sign complexes. Building -mounted or 1 per 18 Top of wall or Direct or Signs are to be designed and free-standing directory entrance to 6 ft. if free- indirect for oriented to direct pedestrian sign for multi -tenant building or standing all signs traffic buildings or complexes complex Building -mounted or 1 of either 12 Top of wall; or Indirect only Permanent sign giving rental free-standing apartment per street 6 ft. if free- information for buildings or rental frontage standing complexes containing 4 or (permanent) more units Church and Institutional • 1 free- 24 6 ft. Direct or 1 sign may be changeable Uses standing indirect for copy all signs a 2 bldg- 24 aggreg. Top of wall mounted Signs exempt from sign permit approval: See Section ... Temporary and semi -permanent signs: See Sections ... and ... 9.160.050 Permanent Signs in Nonresidential Districts. Signs identified in Table 9-... following are permitted in nonresidential districts subject to approval of a sign permit per Section ...: LQZC SIGNS [Draft: 119] TABLE 9-...: PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Sign Type and Max. Number I Max. Area Max. I Illumination Additional Placement Height Requirements Note: • Free-standing signs shall not be located within 5 of a street right-of-way nor within a corner cutoff area identified in Section .... • "ID" means identification sign. Permanent window 1 per window 10% of window n/a No See Section ... for signs area temporary window signs allowed Free-standing ID sign 1 per street frontage .25 sq/ft per 8 ft. Indirect only Aggregate sign for multi -tenant lineal ft. of street area may not be building or multi- front -age up to combined among building shopping max. of 50 sq/ft street frontages center or other per sign and 100 commercial or office sq/ft aggregate complex for all signs Building -mounted ID 1 flush -mounted plus 50 sq/ft Top of Direct or sign for individual 1 under -canopy per aggregate wall indirect for all commercial or office tenant frontage a ong signs tenants a street or along a common -use parking lot with no direct street frontage Free-standing ID sign 1 50 sq/ft 8 ft. Indirect only Allowed only if for individual bldg has min. 200 commercial or office ft. of street bldg. frontage Building -mounted ID 2 1 sq/ft per lineal Top of Direct or sign for individual ft. of bldg . wall indirect for all commercial or office frontage along a signs bldg. street up to max. of 50 sq/ft aggregate Building -mounted or 1 per entrance to 18 sq/ft Top of Direct or Signs are to be free-standing directory building or complex wall or 6 indirect designed and sign for multi -tenant ft. if free- oriented to direct bldgs or complexes standing pedestrian traffic Hotels and motels 1 free-standing, 2 50 sq/ft for free- 12 ft. Indirect only Allowed for stand - building -mounted standing sign for free- alone hotels or and 100 sq/ft standing. motels which are aggregate for all Direct or not part of a larger signs indirect for multi -use complex bldg-mounted LQZC �i 41 SIGNS [Draft: 119] TABLE 9-...: PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Sign Type and Max. Number Max. Area Max. Illumination Additional Placement height Requirements Gas/service stations 1 free-standing sign 32 sq/ft 8 ft. Direct or Allowed only for per street frontage, indirect for all stations which are combining business signs not accessory to identification and gas other uses. Gas prices price sign must show the lowest 1 building -mounted 12 sq/ft Top of price per gallon of ID wall all grades, including taxes. Theaters, cinemas, and I free-standing and I Aggregate Top of Direct or cabarets building -mounted allowed: 20 sq/ft wall or 12 indirect for all sign, of which I sign plus 10 sq/ft per ft. if free- signs may be combination screen/stage standing ID and attraction over 1, up to a board max. of 40 sq/ft Top of 1 building-moun,.ed 6 sq/ft each wall Indirect only coming -attraction poster per screen or stage Church and • 1 free-standing 24 6 ft. Direct 1 of the allowed Institutional Uses or signs may include • 2 bldg-mounter; 24 aggreg. Top of indirect for all an attraction board wall signs Signs exempt from sign permit approval: See Section ... Temporary and semi -permanent signs: See Sections ... and ... LQZC tI A SIGNS 9.160.060 Permitted Temporary Signs. [Draft. 119] A. Definition. "Temporary sign" means any sign which is intended to be posted for a maximum of 60 days. Temporary signs include without limitation: political campaign signs, special event signs, garage sale signs, search lights, real estate for sale, for lease, for rent or open house signs, and seasonal sales signs. B. .Maximum Time Periods. No temporary sign shall be posted for more than 60 consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site,or site which is visible from the original site, within 90 days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under Subsection F. of this Section, temporary signs placed on public property may not exceed six square feet in area, and temporary signs placed on private property may not exceed 12 square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed 24 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section .... D. Maximum Height. Temporary signs which are placed on public or private property may not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings must not be higher than the finished floor line of the second floor of such buildings and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs, or traffic signs or signals. temporary signs shall be posted no closer than five feet from the edge of the paved area of any public road or street. Temporary signs shall be placed no less than 200 feet apart from identical or substantially similar temporary signs. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. F. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post: (a) more than five temporary signs on private or public property which will be visible simultaneously within the boundaries of the City, or (b) temporary signs larger than the maximum allowed size shall make application to the Planning and Development Department for a sign permit. LQZC SIGNS [Draft.- 1191 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the Planning and Development Department a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the City for any costs incurred by the City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. a. Within ten business days of the Planning and Development Department's receipt of a temporary sign permit application, the Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The Director shall approve or disapprove any permit application for temporary signs based on character, location, and design, including design elements such as materials, letter style, colors, illumination, sign type or shape, and the provisions of this Section. b. In any event, no permit application shall be approved which proposes to place in excess of ten temporary signs on private or public property which will be visible simultaneously from a single location and orientation within the boundaries of the City. c. The Director may approve a permit application for temporary signs which are proposed to exceed the maximum size allowed under Subsection C of this Section upon making the following findings: (1) Additional size is necessary to make the temporary sign visible or readable to its intended audience. (2) The size of the temporary sign is no larger than necessary to make the sign visible or readable to its intended audience. (3) The additional size of the temporary sign is not likely to harm the public health, safety or welfare. d. The Director's decision with respect to a permit application for a temporary sign may be appealed to the Planning Commission. G. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the Building Inspector determines that a temporary sign LQZC 10 `)41 SIGNS [Draft: 119] located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within three days of the date of notice. 3. Removal from Private Property. If the Building Inspector finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the Inspector shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to Subsection F of this Section, that the temporary sign is in violation of this Section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the Building Inspector cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefor fails to comply with the notice within five days after such notice is mailed, delivered or posted, the temporary sign shall be deemed abandoned, and the Building Inspector may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the City. 9.160.070 Permitted Semi -Permanent Signs. A. Definition." Semi -permanent sign" means a sign which is intended to be erected or posted for a minimum of 61 days and a maximum of one year. B. Maximum Time Periods. No semi -permanent sign shall be posted for more than one year. In addition, all semi -permanent signs shall be removed within ten days after the occurrence of the event, if any, which is the subject of the semi -permanent sign. (For example, a semi -permanent sign advertising the future construction of a facility on the site shall be removed within ten days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be removed within ten days after the model homes are completed and sold). The date of posting shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. semi -permanent signs may not exceed 32 square feet in area, and shall not exceed ten feet in height. The aggregate area of all semi -permanent signs placed or maintained on any parcel of real property in one ownership shall not exceed 64 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section .... D. Maximum Height. Semi -permanent signs may not exceed six feet in height. Semi -permanent signs which are posted, attached or affixed to multiple -floor buildings must not be higher than the finished floor line of the second floor of such buildings and such signs posted, attached or affixed to single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights LQZC 11 (111,4 :4 7) SIGNS [Draft: 119] shall be measured to the highest point of the surface of the sign. E. Placement Restrictions. Semi -permanent signs may not be posted on public property, as defined in Section .... Semi -permanent signs may not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. temporary signs may not be posted on sites approved for semi -permanent signs unless specifically authorized by the semi -permanent sign permit. F. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post or erect a semi -permanent sign shall make application to the Planning and Development Department for a semi -permanent sign permit. 1. Statement of Responsibility Required. Each applicant for a semi -permanent sign permit shall submit to the Planning and Development Department a statement of responsibility certifying a natural person who will be responsible for removing each semi -permanent sign for which a permit is issued by the date removal is required, and who will reimburse the City for any costs incurred by the City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. a. Within ten business days of the Planning and Development Department's receipt of a temporary sign permit application, the Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The Director shall approve or disapprove any permit application for temporary signs based on character, location, and design, including design elements such as materials, letter style, colors, illumination, sign type or shape, and the provisions of this Section.. b. In any event, no permit application shall be approved which proposes to place in excess of ten semi -permanent signs on private or public property which will be visible simultaneously from a single location and orientation within the boundaries of the City. c. The Director may approve a permit application for semi -permanent signs which are proposed to exceed the maximum size allowed under Subsection C of this Section upon making the following findings: (1) Additional size is necessary to make the semi -permanent sign visible or readable to its intended audience. (2) The size of the semi -permanent sign is no larger than necessary to make the sign visible or readable to its intended audience. LQZC 12 SIGNS [Draft: 119] (3) The additional size of the semi -permanent sign is not likely to harm the public health, safety or welfare. d. The Director's decision with respect to a permit application for a semi -permanent sign may be appealed to the Planning Commission. G. Time Extensions. The applicant may apply for a time extension of up to one year from the date of expiration. The Planning and Development Director shall approve the application for an extension of time upon finding that the semi -permanent sign is otherwise in compliance with the requirements of this Section and that the time extension is necessary to accomplish the purposes for which the semi- permanent sign has been posted. H. Maintenance and Removal Gf Semi -Permanent Signs. 1. Maintenance. All semi -permanent signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal.If the Building Inspector finds that any semi -permanent sign is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the Inspector shall give written notice to the owner of the semi -permanent sign, or the person who has claimed responsibility for the semi -permanent sign pursuant to Subsection F of this Section, that the semi -permanent sign is in violation of this Section, shall specify the nature of the violation, and shall direct the owner of the semi -permanent sign or responsible person to remove or alter such semi -permanent sign. If the Building Inspector cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to each semi -permanent sign which is in violation. If the owner of the semi- permanent sign or the person responsible therefor fails to comply with the notice within five days after such notice is mailed, delivered or posted, the semi -permanent sign shall be deemed abandoned, and the Building Inspector may cause such semi -permanent sign to be removed and the cost thereof shall be payable by the owner or person responsible for the semi -permanent sign to the City. 9.160.080 Sign Permit Review. A. Sign Permit Required. Sign permit approval is required prior to obtaining a building permit for the placing, erecting, moving, reconstructing, altering, or displaying any sign on private property within the city, unless the review procedure is exempt under Section ... of this Chapter or other provisions of this Chapter. Signs requiring approval shall comply with the provisions of this Chapter and all other applicable laws and ordinances. Signs legally existing prior to the effective date of the ordinance codified in this Chapter shall not require approval until such time as the sign is moved, structurally altered, changed or relocated; at which time, the review and approval provisions of this Chapter shall apply before a sign permit and/or building permit is issued. LQZC 13 04 SIGNS [Draft: 1191 B. Submission Materials. The following shall be submitted by the applicant to the Planning and Development Department at the time of permit application unless otherwise modified by the Planning and Development Director: 1. Completed sign application obtained from the City; 2. Appropriate sign plans with number of copies and exhibits as required in the application; 3. Appropriate fees as established by City Council resolution; 4. Letter of consent or authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected. 5. Sign plans with the following information: a. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy and illumination method; b. Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy, and method of illumination indicated for each; c. Building elevations with signs depicted (for building -mounted signs). C. Review Procedures: Standard Sign Application. 1. The standard sign application is used by the Planning and Development Department to process the following sign applications using the standards and provisions contained in this Chapter. a. Two or less permanent signs; b. The modification of signs within a previously approved planned sign program pursuant to Subsection ... of this Section. 2. The Planning and Development Director or other authorized staff member shall review standard sign applications and shall make a determination to either approve, approve with modification, or deny the application. The review shall consider the size, design, colors, character and location of the proposed signs. 3. A standard sign application shall only be approved after a finding that the proposed sign is consistent with the purpose and intent of this Chapter and the regulations herein. D. Review Procedures: Planned Sign Programs. LQZC 14 SIGNS [Draft: 1191 1. Planned sign program review is required for submissions with more than two permanent signs, in conjunction with review of a site development permit by the Planning Commission, or for requests for sign adjustments to signs previously approved under the planned sign program pursuant to Subsection ... of this Section. 2. The Design Review Board shall review applications made under the planned sign program and make recommendations to the Planning Commission. 3. The Planning Commission shall make a determination to either approve, approve with modifications, or deny planned sign program applications; 4. The Planning Commission, upon completion of its review, may attach appropriate conditions to any sign program approval. In order to approve a planned sign program, the Commission must find that: a. The sign program is consistent with the purpose and intent of this Chapter; b. The sign or signs are in harmony with and visually related to: (1) Other signs included in the planned sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type or sign shape. (2) The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified. (3) Surrounding development. Approval of a planned sign program shall not adversely affect surrounding land uses or obscure adjacent conforming signs. 5. Modification of signs within a previously -approved sign program shall be made in the following manner: LQZC a. The Director may approve the following modifications using the provisions of the standard sign program. However, at the discretion of the Director modification requests may be referred directly to the Design Review Board for recommendation and the Planning Commission for action. (1) Up to a twenty-five percent increase in the sign area and/or dimensions; (2) Relocation of sign(s) to a new position on the same building elevation or street frontage; (3) Change in method of permitted illumination or the lighting of signs. b. All other modification requests will be reviewed by the Design Review Board and approved by the Planning Commission using the provisions of the planned sign program. 15 SIGNS [Draft: 119] c. For purposes of this Subsection, exempted signs shall not be included in the above calculations. E. Sign Adjustments. Adjustments to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination or additional height may be granted by the Planning Commission. The applicant for a planned sign program application must request the adjustment in writing on forms provided by the Planning and Development Department. The Planning Commission must find that one or more of the following facts exist when an adjustment is made: 1. Additional Area: a. To overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location; b. To achieve an effect which is essentially architectural, sculptural, or graphic art; c. To permit more sign area in a single sign than is allowed, but less than the total sign area allowed on the site, where a more orderly and concise pattern of signing will result; d. To allow a sign to be in proper scale with its building or use; e. To allow a sign compatible with other conforming signs in the vicinity; f. To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot. 2. Additional Number: To compensate for inadequate visibility, or to facilitate good design balance. 3. Alternative Locations: LQZC a. To transfer area from one wall to another wall or to a free-standing sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback; b. To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street. In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a sign within the access easement; c. Additionally, alternative on -site locations may be granted in order to further the intent and purposes of this Chapter or where normal placement would conflict with the architectural design of a structure. 16 G +j (' SIGNS [Draft: 119] 4. Alternative Type of Sign: To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance on the site. 5. Additional Height: To permit additional height to overcome a visibility disadvantage. F. Disposition of Plans. 1. When revisions to sign plans are required as a condition of approval, the applicant shall submit the required number of copies of the revised plans to the Planning and Development Department to be stamped "Approved." The department will retain copies and a set will be returned to the applicant. 2. After approval is granted, it shall be the responsibility of the applicant to submit all required applications, plans, bonds, and fees to the building and safety department of the Planning and Development Department for issuance of the building permit. G. Sign Permit Expiration and Time Extensions. Approval of a standard application or planned program application shall expire one year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the Director for an extension of up to one year from the date of expiration. The Director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if the Director finds that there has been a substantial change in circumstances. 2. The expiration date of the sign approval(s) shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign. 3. A sign approval shall expire and become void if the circumstances or facts upon which the approval was granted changes through some subsequent action by the owner or lessees such that the sign would not be permitted per this Chapter under the new circumstances. H. Appeals. Any decision of the Planning and Development Director made pursuant to this Chapter may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. The appeal must be made within 15 calendar days of the decision date, in accordance with Section .... 9.160.090 Prohibited Signs. The signs and displays listed in this Section are prohibited. Such signs are subject to removal by the City at the owner's or user's expense. Prohibited signs include the following: LQZC 17 SIGNS [Draft: 119] 1. Any sign not in accordance with the provisions of this Chapter; 2. Abandoned signs; 3. Rotating, revolving, or otherwise moving signs; 4. Trailer signs and other signs affixed to vehicles and used for advertising or directional purposes; 5. Flags, pennants, streamers, spinners, festoons, windsocks, valances, or similar displays„ unless specifically permitted in this Chapter; 6. Animated or flashing signs; 7. Portable signs, unless specifically permitted in this Chapter; 8. Off -premise signs, unless specifically permitted in this Chapter; 9. Billboards or outdoor advertising signs; 10. Signs which identify or advertise activities which are illegal under federal, state, or local laws in effect at the location of such signs or activities; 11. Building -mounted signs placed on or above the roof or above the eave line of any structure; 12. Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal; 13. Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination may be confused with or construed as a traffic -control sign, signal, or device, or the light of an emergency or radio equipment vehicle, or which obstruct the visibility of any traffic or street sign or signal device; 14. Signs that create a potential safety hazard by obstructing clear view of pedestrian or vehicular traffic 15. Signs located upon or projecting over public streets, sidewalks, or rights -of -way (unless specific approval has been granted); 16. Signs attached to utility poles or stop signs or other municipal sign structure. 17. Balloon signs, inflatable animal or other figures, or other inflatable displays, whether tethered or not. GQZC 18 05 SIGNS [Draft: 119] 18. Signs located closer to overhead utility lines than the minimum distance prescribed by California law, or by the rules duly promulgated by agencies of the state or by the applicable public utility. 19. "For Sale" signs affixed to vehicles parked on public right-of-way or on any vacant property. 20. Portable signs, such as A -frame type; 21. Neon signs, except those specifically approved as an activity's major identification sign; 22. Signs drawn or painted onto or otherwise affixed to trees or rocks; 23. Advertising statuary; 24. Any temporary sign or banner, unless specifically permitted in this Chapter; 25. Commercial signs on bus stop benches or enclosures. 9.160.100 Existing Signs. A. Legal Nonconforming Signs. Every legal sign in existence on the effective date of this Code which does not conform to the provisions of this Chapter but which was in conformance with City sign regulations in effect prior to said effective date, shall be deemed a legal nonconformity and may be continued and maintained provided: a. The sign is properly maintained and does not in any way endanger the public; and b. The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified in this Chapter. 2. No nonconforming sign shall be changed to another nonconforming sign, changed in any manner that increases the sign's noncompliance with the provisions of this Chapter, nor expanded or structurally altered so as to extend its useful life. This restriction does not preclude change of sign copy or normal maintenance. Any nonconforming sign which is damaged or destroyed beyond 50 percent its value shall be removed or brought into conformity with the provisions of this Chapter. The determination whether a sign is damaged or destroyed beyond such 50 percent of value shall rest with the Planning and Development Director and shall be based upon the actual cost of replacing said sign. Q _ 9 L zc :a�� SIGNS [Draft: 119] 4. The burden of establishing a sign as legally nonconforming under this Section rests upon the person or persons, firm or corporation claiming legal status for a sign. B. Illegal and Abandoned Signs. 1. Illegal Signs. Any sign which does not have a required permit or which otherwise violates applicable provisions of this Chapter shall be deemed illegal. If the Director determines a sign to be illegal, the Director may order the property owner and/or sign owner to remove the sign or may require other actions to ensure compliance with this Chapter. Further, in order to discourage the erection of signs without a permit, the Director may require that such illegally - erected signs be removed prior to review. If the Director determines that such removal is not feasible, such illegal signs shall be subject to a tripled sign permit application fee in conjunction with sign review. 2. Abandoned Signs. Any sign located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or which pertains to a time, event or purpose which no longer applies shall be deemed abandoned. Such signs shall be removed within 90 days after the associated enterprise or occupant has vacated the premises or within 90 days after the time, event, or purpose which no longer applies has ended. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal per Section .... C. Unsafe Signs. Any sign deemed by the City to be a danger to the public under any applicable ordinance or other statute shall be repaired or altered to as to be deemed safe by the City or shall be removed pursuant to Section .... D. Expired Temporary and Semi -Permanent Signs. A temporary or semi -permanent sign which remains posted beyond the time limits set out therefor in Sections ... and ... respectively shall be removed. 9.160.110 Enforcement and Sign Removal. A. Enforcement Responsibility. It shall be the duty of the Director or the Director's authorized representative to enforce the provisions of this Chapter. B. Authorization for Sign Removal. The City may remove or cause to be removed any sign which the Director has determined is subject to removal under Section ... or other provisions of this Code or other applicable ordinance or law. C. Sign Removal Procedures. 1. Methods of Removal. The removal of any terminated and/or illegal sign shall be by one or a combination of the following procedures: .cgzC 20 SIGNS [Draft: 119] a. Immediate Removal. Any sign which does not comply with this Chapter must be removed immediately by the business owner or property owner or such sign may be removed by the City. No prior written notice must be given by the City, except a written notice shall be provided for legally permitted temporary or semi -permanent signs which have expired pursuant to Sections ... or .... b. Public Nuisance. The City may use the public nuisance procedures contained in Chapter ... of this Code to cause removal of any sign subject to removal under the provisions of this Section. 2. Removal Costs. Any sign removed by the City may be retained for 15 calendar days and the owner notified. If the sign is not claimed, it may be destroyed. The Director may impose charges related to City removal of signs. The expense of such removal and any subsequent storage shall be a lien against the property on which the sign was maintained and an obligation against the property owner. 3. _Notification.The City may send an official termination notice by certified mail to the owner of the property upon which a terminated or unlawful sign is located. The notice shall identify why the sign is to be removed and indicate the removal period to be within 15 calendar days from the date the notice is sent. Should the sign not be removed within the time period specified, the City may remove or have the sign removed and the costs charged to the property owner. If the removal costs have not been paid and the sign not reclaimed within 30 calendar days of the removal by the City, the City may sell or otherwise dispose of the sign and apply the proceeds towards the original removal costs. Any proceeds in excess of the cost of removal shall be paid to the property owner. As an alternative method of recouping costs, the City may lien the property as provided in the California Enforcement Code. 4. No City Liability. Neither the City nor any of its agents shall be liable for any damage to a sign which is removed under this Section. D. Legal Action. In response to any violation of the provisions of this Chapter, the City may elect to file a criminal complaint against the violator, issue a citation to the violator for an "infraction" pursuant to California Government Code Section 36900, or institute a civil action in a court of competent jurisdiction. 9.160.120 Sign Definitions. For the purposes of this Chapter, words and phrases relating to signs shall be defined as follows: A. "Abandoned sign" means a sign which is located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or a sign which pertains to a time, event or purpose which no longer applies. LQZC 21 `1 x 19 SIGNS [Draft: 119] B. "Accessory sign" means a sign whose copy refers to the products, facilities, or services available on the premises. C. "Advertising statuary" means an imitation or representation of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used to identify or advertise a product or service. D. "Advertising vehicles" means any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Public buses or taxis are exempt from this prohibition. E. "Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service message center signs and flags. F. "Attraction board" means a sign capable of supporting copy which is readily changeable without the use of tools, such as a theater marquee, and which refers to products, services, or coming events on the premises. G. 'Banner" or "banner sign" means a sign hung either with or without frames, possessing written communication applied to nonrigid paper, plastic or fabric of any kind. H. 'Billboard means an off -premise sign with changing advertising copy or other changing copy. I. 'Bulletin board" means a board, kiosk, or wall area on which are affixed personal notices, lost - and -found notices, business cards, and similar small informal notices referring to products, services, activities, or other items not offered on the same premises. The term bulletin board shall not include business identification signs or attraction boards. J. "Building -mounted sign" means a sign affixed to a building, painted directly on a wall, or erected against the wall of a building. Building -mounted signs include awning signs, fascia signs, mansard roof signs, wall signs, window signs, projecting signs, and under -canopy signs,. K. "Business" means a commercial, office, institutional, or industrial establishment. L. "Canopy" means a fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground. LQZC 22 SIGNS [Draft: 119] M. "Construction sign" or "future facility construction sign" means a sign containing information pertaining to a future development on the site where the sign is located, including the name of the project, the developer, contractor, financing source, future occupant(s), and other information directly related to the development. N. "Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign. O. "Development" means a building or group of buildings which function as an integrated whole and which have common access and/or parking facilities. P. "Directional sign" means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy. (Examples are: "one-way," "entrance," "exit," "parking in rear," "15 miles per hour," "no left turn"). Q. "Director" or "Planning and Development Director" means the Planning and Development Director for the City of La Quinta or the Director's authorized agent or representative. R. "Electronic message board sign" means a sign with a fixed or changing display composed of a series of lights, but does not include time and temperature displays. S. "Exempt sign" means a sign which is designated in this Code as not subject to certain regulations. T. "Face of building wall" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. U. "Fascia" means a parapet -type wall used as part of the fascia of a flat -roofed building and projecting not more than six feet from the building face immediately adjacent thereto. Such a wall shall enclose at least three sides of the projecting flat roof and return to a parapet wall or the building. V. "Flag" means a visual display device with or without copy, made of flexible material, usually cloth, paper, or plastic. W. "Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service message center signs. X. "Free-standing sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs, pylon signs, ground signs and pole signs. Y. "Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used to announce LQZC 23 SIGNS sale of a used item or items. [Draft: 1191 Z. "Identification sign" or "ID sign" means a sign whose copy is limited to the name and address of a building, business, office, establishment, person, or activity. AA. "Illumination" means the method by which a sign is lighted so as to be readable at night. The following types of illumination are provided for in this Chapter: 1. "Direct illumination" means the lighting of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face. 2. "Indirect illumination" means the lighting of an opaque sign face from a light source mounted in front of the face, or the lighting of opaque sign copy (on an opaque sign face) via lights mounted into the copy and shining rearward onto the face to form a lighted "halo" around the copy (e.g. "reverse channel" letters). BB. "Landscaping" means any material used as a decorative feature, such as shrubbery or planting materials within planter boxes or concrete bases, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy. All landscape areas shall be maintained in a healthy and viable condition for the life of the sign. CC. "Logo" means a trademark or symbol of an organization. DD. "Mansard roof sign" means any sign attached to or supported by a mansard roof. A "mansard roof' is a roof having two slopes, the lower steeper than the upper, and having a slope of sixty degrees or greater with the horizontal plane. EE. "Monument sign" means a free-standing sign mounted on a low -profile solid base or a fence, or a free-standing wall, as distinguished from support by poles. FF. "Multiple -building complex" means more than one structure on a parcel of land housing commercial uses in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide an area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -building complex may, but need not, include common ownership of the real property upon which the center is located, common -wall construction, and multiple -tenant commercial use of a single structure or structures in multiple buildings. GG. "Multiple -tenant (commercial) building" means a commercial development in which there exists a number of separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -tenant commercial building may, but need not, include common ownership of the real property upon which the center is LQZC 24 SIGNS [Draft: 1191 located, common -wall construction, and multiple -occupant commercial use of a single structure. HH. "Neon sign" means a sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure. II. "Off -premise sign" means a structure which bears a sign which is not appurtenant to the use of the property where the sign is located or a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign. Some temporary signs are not defined as off -premises signs as used within this Chapter. JJ. "On -premise sign" means a sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located. KK. "Parapet wall" means a wall extending above the plate line of the building. LL. "Permanent sign" means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in this Chapter. MM. "Pole sign" means a free-standing sign directly supported by a pole or poles with air space between the grade level and the sign face. NN. "Political campaign sign" or "political sign" means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies. 00. "Portable sign" or "mobile sign" means a sign made of any material, which, by its design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base or platform for the sign. (Also includes sidewalk or sandwich board signs). PP. "Projecting sign" means any sign with two parallel faces no more than eighteen inches apart projecting twelve inches or more from the wall or eaves of a building. No guy wires, braces, or secondary supports are visible. QQ. "Private Property" means any property other than public property. RR. "Public Property" means any real or personal property in which the City or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public LQzC 25 SIGNS (Draft. 1191 property shall include, without limitation, any street, sidewalk, curb, curbstone, street lamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph wire, pole or appurtenance thereof, any fixture of a fire alarm or police telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life buoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median, public park, or other publicly owned property or structure. SS. "Public service message center sign" means an electronically or electrically controlled sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix. TT. "Real estate sign" means a sign advertising the sale, lease or rent of the property upon which it is located and the identification of the person or firm handling such sale, lease or rent. UU. "Roof sign" means any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building. W. "Seasonal sales sign" means a sign used to advertise a business or merchandise held seasonally for a limited interval, all or most of whose business is conducted or whose merchandise is displayed in an outdoor area. WW. "Sign" means any medium for visual communication, including copy, structure, and component parts, which is used or intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information. XX. "Sign area" means the following: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including non- structural perimeter trim but :,xcluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. 3. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. 4. Double -Faced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 sq.ft., a double-faced sign may have an area of 20 sq.ft. per face. LQZC 26 SIGNS [Draft. 119] 5. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maximum permitted sign area is 20 sq.ft., the maximum allowable area for each face is only five sq/ft. 6. ,Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. YY. "Sign face" means the exterior surface of a sign exclusive of structural supports, on which is placed the sign copy. ZZ. "Sign height", "height of sign", or "height" means the following: 1. For building -mounted signs, the distance from the average finish grade directly beneath the sign to the top of the sign. 2. For free-standing signs, the distance from top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the Director determines that a free-standing sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. AAA. "Sign permit" means an entitlement from the City to place or erect a sign. BBB. "Sign program" means the method of review and approval of signs by one of the following two procedures: Standard sign application. The review and approval of standard sign applications for is conducted by the Director of Planning and Development consistent with the regulations and standards as identified for various signs in this Chapter. 2. Planned sign program. The review and approval of applications for signs under this program is conducted by the Planning Commission. The Planning Commission may exercise discretion to provide additional flexibility in the application of the regulations of this Chapter. CCC. "Sign structure" means the structural supports, uprights, and bracing for a sign. DDD. "Special event sign" means a sign used to announce a circus, carnival, festivals or other similar events. EEE. "Subdivision sign" means a sign containing the name, location or directions to a builder, developer, and pertinent information about a subdivision for which there is a properly approved and LQZC 27 SIGNS [Draft: 119] recorded map and in which homes remain to be constructed or initially sold. FFF. "Under -canopy sign" means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling, or marquee. GGG. "Wall sign" means a sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs or advertising displays in or on windows are not considered wall signs. HHH. "Window sign" means any sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. Lozc 28 25.58.010 'D`ly"' ATTACHMENT Chapter 25.58 OFF STR1EEr PAR13NG AND LOADING Sections: 2558.010 Purposes MM.020 Application. 25-MOM Change In use. 2558.033 El Pasco area CM010118- 2.9.040 Location of parking spaces. ZS58.050 Design and maintenance 25.58.M Tandem spaces. 25.58 080 Parking development standards. 2558090 Stall dimensions. 25.9.100 Landscaping requirements. 25.58110 Screening requirements. 25.58.120 Tree requirements. 2558.121 Parking lot hardscape requirements. 25.58.122 Parking lot tree Irrigation requirements. 25,58.M Parking lot tree maintenance and installation requirements. 25MA40 Bumper or tire guard requirements. 2558.150 Lighting requirements. 2558.160 Marking requirements. 25.58170 Paving requirements. 25.58.180 Maneaveting requirements. 25.S8.190 Use restrietions- 2558.200 Arrangement requirements. 2558210 Supplemental covered parking standards for residential uses. 2558.220 Single-family residential districts. 2558230 Muldple-family residential districts. 2558240 Parking design standards. 25.58.290 Special parking design standards. 2558300 Residential off-street parking schedule. 25S8310 Commercial and Industrial off-street parking schedule. 25.53311 Conditional use permit required. 25.58312 Valet parking. 25.58320 Joint use parking. 25.58330 In4leu parking payments. 25.58340 Off-street loading requirements. 25.58350 Loading spaces required. 25.58.010 Purpose. The intent and purpose of these regulations is to provide properly designed parking areas and loading berths adequate in capacity, location and design to prevent traffic congestion and a shortage of nub spaces is the city. Off-street parking f acdities shallbe provided incidental to new uses and alterations and enlarge- ments of existing uses. The number of parldng spaces shall be in proportion to the need created by the pax ticulartype of use- Off-swwtparking and loading areas are to be established in a manner that will insure their usefulness, protect public safety, and where appropri- ate, buffer surrounding land uses from their impact. (Ord. 98 § 1 (part), 1975: Exhibit A § 2533-1) 25.58.020 Application. Off-street parking shall be provided for any new budding constructed and for any new use established; for any addition or enlargement of an existing building or use; and for any change in thq occupancy of any building or the manner in which any use is conducted that would result in additional parking spaces being required, unless an equivalent substitute number of such spaces is provided and maintained conforming to the requirements of this chapter except as otherwise provided in this chapter. (Ord 26411,1981; Ord. 98 $ 1 (part), 1975: Exhibit A § 2532-2.01) 25.58.030 Change in use. When the use of any premises is changed, altered, enlarged, expanded or intensified so additional parking is required, the additional parking to meet the require- ments of this chapter shall be provided for the changed, enlarged, expanded, altered or intensified portion of the occupancy or use, except as otherwise provided in this chapter. The following are changes in use in the El Pasco area: 424 Within the area bounded by Larkspur Lane on the west; by Portola Avenue on the east; by Palm Desert Drive on the north and El Pasco Drive on the south, retail commercial or office uses having a min- imum requited parking ratio of one stall per two hundred fifty square feet of gross floor area shall be permitted as replacement for any vacated use and the provisions of Sections 2558.020 and 2558.030 shall not apply. (Ord 264 $$ 2, 3,1981: Ord 98 § 1 (part), 1975: Exhibit A § 2533-2-02) 2558.035 El Pasco area eMceptlons. Within the area bounded by Larkspur Lane on the west, Portola Avenue on the east, Palm Desert Drive on the north and El Pasco Drive on the south, the 25.5&035 following exceptions to Sections 25.58.020 and 2558.030 shall apply: A. Retail commercial or office uses having a mini- mum required parking ratio of one stall per two hun- dred fifty square feet of gross floor area shall be per- mitted to replace any vacated use. B. Buildings fronting on Presidents Plaza may ex- pand at a level of one story out to the sidewalk sur- rounding the parking are& (Ord. 278,1981) 2558.040 L radon of parking spaces. The required parking spaces or garages shall be located on the same building site except as otherwise provided by this title. Property within the ultimate right-of-way of a street or highway shall not be used to provide required parking or loading facilities. (Ord. 98 § 1 (part), 1975: Exhibit A § 2533-2.03) 2558.050 Design and maintenance. All off-street parking spaces and areas required by this chapter shall be designed and maintained to be fully usable for the duration of the use requiring such areas and spaces. (Ord 98 § 1 (part), 1975: Exhbit A § 2533-2.04) 25.58.060 Tandem spaces. Except for mobile homes, tandem spaces shall only be permitted for those spaces that exceed the require- ments of this title. (Ord 98 § 1 (part), 1975: Exhibit A § 2533-2.05) 25.59.080 Parking development standards. Parking areas serving industrial, commercial, apart- ment and public or community, facility uses shall be subject to the following parking standards of Sections 2558.090 through 2558200. (Ord 98 § 1 (part), 1975: Exhibit A § 2533-3) 25.58.090 Stall dimensions. Each off-street parking stallshall consist of a rectan- gular area not less than nine feet wide by twenty feet long except as otherwise provided in this chapter. End spaces where clear back -out space is restricted on one side shall be eleven feet in width. (Ord 98 § 1 (part), 1975: Exhibit A § 2533-3.01) 2558.100 Landscaping requirements. A minimum of fifteen percent of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, ground cower, other plant material and hardscape material. A minimum of one-third of the required landscaping shall be distributed within the interior of the parking facility and the remaining two thirds of the required landscaping shall be provided as peripheral planting on the exterior edges of the parking area. All landscape area shall be well maintained m perpetuity. (Ord. 98 § 1(part),1975: Exhibit A § 2533- 3.02) 25.58.110 ' Screening requirements. All off -sweet parking areas shall be screened to minimize the visual impact on adjacent streets and properties. No parking space shall be located within six feet of any street property line. Any open areas in the interiors so formed shall be landscaped with appropri- ate plant materials. (Ord. 98 § 1(part),1975: Exhibit A § 2533-3.03) 25.58.120 Tree requirements. The intent of this code shall be to improve and maximize the landscaping within the off-street open parking areas including but not limited to providing fifty percent or more of shade coverage in ten years, multi -trunk trees in windy areas, and north/south ori- ented parking areas to provide longer shade. The land- scaping shall be provided to the extent of at least one twenty -four -inch box tree. Sized to nursery tree stan- dards of average height, width and caliper for each species, per each treed parking stalls of their equiva- lent. Acceptable parking lot trees adopted to the Coachella Valley environment shall be set by resolu- tion of the city council and shall continue in full force and effect until amended by resolution of the city coun- cil. (Ord. 596 § 2 (Exhibit A § 1), 1990: Ord 98 § 1 (part),1975: Exhibit A § 2533-3.04) 425 2558.121 Parking lot handscape requirements. Parking lot dividers, islands, planters and planting areas shall be a minimum of four feet wide and four feet long. Trees are to be planted a minimum of four feet from walls, walks or buildings and to protect handscape and encourage deep root development, root barriers shall be installed during planting operations. (Ord 596 § 2 (Exhibit A § 2),1990) 255&122 Parking lot tree irrigation requirements. Irrigation systems within parking lots shall be in- stalled. The irrigation system shall be an automatic system with an irrigation timer and two drip or bubbler heads per tree to provide adequate deep root isiga- tion. Sprinkler heads are discouraged in planter islands () 0 4 25M.122 and dividers to protect pavement. (Ord. 596 § 2 (Ex- hibit A § 3),1990) 2538.1M Parking lot tree maintenance and Installation requirements. All parking lot trees will be maintained by owner or their successors in perpetuity with owner required to perform all maintenance including but not limited to irrigation corrections, fertilization, pruning and stak- ing. All maintenance shall be performed with an overall goal of providing maximum shade with minimum dam- age to hadscape, vehicles and persons. All significantly injured, decayed or dead trees must be replaced within thirty days. Excavate all planting holes to two times the width of the plant container and to the depth of con- tainer. Backfill the planting hole to the depth of the planting container within native soil, compacted enough to prevent plant settlement. Plant may be back - filled around the sides with native soil orwith amended soil as recommended by landscape architect. Slow re- lease type fertilizer tablets shall be placed around the plant at the rate recommended by the manufacturer. If soil does not readily drain (within about an hour) when the excavated hole is flooded with water, install a perforated pipe filled with crushed rock or gravel to aid in deep water penetration. (Ord 596 § 2 (Exhibit A § 4),1990) 2558.130 Landscape and irrigation system plan review. Landscape and automatic irrigation system plans, including the type and location of plant materials, shall be submitted to and approved by the design review process either as part of a review process applicable to the subject property orprior to the issuance of building permits if no such review process is required (Ord 98 § 1(part),1975: Exhibit A § 25.33-3.05) 2558.140 Bumper or tin guard requirements. Bumper or tire guards shall be provided along any property line which abuts a public walkway, street or alley; unless specifically waived by the design review board, planning commission or city council. (Ord 314 (part), 1982. Ord 98 § 1 (part), 1975: Exhibit A § 2533-3.06) 2558.150 Lighting requirement% lighting used to illuminate the parking area shall be designed and located to confine direct rays to the prem- ises. light standards shall be a maximum of thirty feet in height in nonresidential areas and twenty feet in height in multiple residential areas. (Ord 285, 1982 Ord 98 § 1 (part), 1975: Exhibit A § 2533-3.07) 2LSL160 Marling requirements. All open parking stalls shall be clearly outlined with minimum four -inch lines on the surface of the parking faulty. (Ord 314 (part),1992. Ord 98 § 1 (part), 1975: Exhibit A § 2533-3.08) 25.58.170 Paving requirements. All parking stalls and maneuvering areas shall be paved and permanently maintained with asphaltic or concrete cement surfacing. All areas within the parking area not used for parking stalls or maneuvering areas shall be landscaped (Ord 314 (part),1982. Ord 98 $ 1 (part), 1975: Exhibit A § 2533-3.09) 25SL180 Maneuvering requirements. Parking areas shall be designed to enable a car entering the parking area to move from one location to any other location within the parking area or premises without entering a street. (Ord. 98 § 1 (part), 1975: Exhibit A § 2533-3.10) 426 25.58.190 Use restrictions. The required parking area shall not be used for any other use other than the temporary storage of motor vehicles during the time that the use requiring the parking is in operation. (Ord 98 $ 1 (part), 1975: Exhibit A $ 2533-3.11) 25S8200 Arrangement requirements. Parking and maneuvering areas shall be so arranged that any vehicle entering a vehicular right-of-way can do so traveling in a forward direction. (Ord 98 $ 1 (part), 1975: Exhibit A § 2533-3.12) 2558.210 Supplemental covered parking standards for residential uses. Covered parldng areas serving residential toes shall be subj ect to the following supplemental parking devel- opment standards of Sections 2558.220 and 2558.230. (Ord 98 § 1. (part), 1975: Exhibit A § 2533-3.13) 2559=0 Single-family residential districts. In single-family residential districts including con- ventional detached, cluster housing, or condominium, two of the required parking spaces shall be provided within a garage or carport. Each space shall contain ten feet by twenty feet of unobstructed area. This requirement shall be met by 25.58220 utilizing the interior dimensions of the garage or car- port. (Ord. 98 § i (part), 1975: Exhibit A 125334.01) 25MMO Muldple-family residential districts. In multiple -family residential districts, including apartments, parking shall be provided as follows: A. One space for each one -bedroom unit shall be provided within a garage or carport; B. A minimum of one of the required parking spaces for each two or more bedroom units shall be provided within a garage or a carport for each living unit; C. Parking development standards contained in Sections 2558.090 through 25.58200 shall be applica- ble. (Ord. 98 § 1 (part), 1975: Exhibit A § 2533-4.02) 25.SL240 Parking design standards. All parking areas, other than single-family conven- tional development, shall be subject to the design stan- dards set forth by the city planning commission Reso- lution 725. (Ord 314 (part),1982. Ord. 98 § 1(part), 1975: Exhibit A § 2533-5) 2558290 Special parking design standards. A. All landscape planter beds in interior parking areas shall be not less than four feet in width and bordered by a concrete curb not less than six inches in height adjacent to the parking surface. B. Landscaped areas shall be distributed through- out the entire parking area as evenly as is appropriate in the design of the park -facility. C. A sprinkler system shall be installed in all land- scaped areas to insure the proper maintenance of plant materials. D. Where trees already exist, the parking lot shall be designed to make the best use of this existing growth and shade wherever it is reasonably possible. E. Landscaping shall include shrubs, trees, vines, ground covers, hedges, flowers, bark, chips, decorating cinders, gravel, and similar material which will improve the appearance of parking areas. (Ord 98 § 1 (part), 1975: Exhibit A § 2533-5.06) 25.S8300 Residential off-street parking schedule. In any district where a residential use is permitted, off-street public parking for residential uses shall be in conformitywith the following requirements unless oth- erwise specified in any approved planned development district: A. Single-family parking requirements (conven- tional detached or mobile homes), two parking spaces per dwelling unit shall be required. B. Apartment parking space requirements: L Studio one -bedroom unit, 20 per unit Z Two -bedroom or larger units, 20 per unit C. Condomiaium and cluster units: L Studio and one -bedroom one space covered, 2.0 per unit 2 Two -bedroom and larger two spaces covered, 2-5 per unit . (Ord. 337 (part), 1983: Ord. 98 § 1 (part), 1975: Exhibit A § 2533-6) 25-WlO Commercial and industrial off-street parking schedule. The following land uses shall provide off-street parking in conformity with the following requirements unless otherwise specified in any approved planned development district: 427 M NEVIUM PARKING STALLS USE REQUIRED A. Commercial and In- dustrial Uses. Automobile leasing and 1 for 400 square feet rentals of gross floor area plus 1 for each rental vehicle Automobile service sta- 10 spaces tion Automobile washing and 16 minimum cleaning establishments, except self-service Beauty parlors and bar- 1 for each 250 square ber shops feet of gross floor area Buildings used solely for 1 for each 3 machines coin -operated laundro- mats or dry cleaning Commercial banks 5 for each 1,000 square feet of gross floor area Commercial financial 1 for each 250 square institutions, savings and feet of gross floor area loan offices, public and private utility offices J r 1 25.58310 USE Community and regional shopping centers Contractors' storage yards in connection with contractors' business; storage yard Food store, supermarket, or drugstore containing over 2000 square feet of gross floor area General retail stores, except as otherwise specified herein Lumberyards MINIMUM PARIEaIG STALLS REQUIRED 5.5 for each 1,000 square feet of gross leasable area; The standards may be reduced in the fol- lowing ratio percent- age: 1000 car parking area, 10%; 1500 car parking area, 12%; 2000 car parking area, 14%; over 2500 car parking area up to 15%; subject to justifica- tion of the findings as set forth in Section 2538311(B); Spaces shall be provided to meet the needs of the facility 1 for each 200 square feet of gross floor area 1 for each 250 square feet of floor area, exclusive of stairways, elevators, Iandings, mechanical rooms not exceeding 15 percent of the gross floor area 1 for each 5,00 square feet of gross floor area for retail sales, plus 1 for each 1,000 square feet of open area devoted to display or sales; plus 1 for each 2 employees USE Mortuaries and funeral homes Motel and hotels Motor vehicle sales and automotive repair Offices, except as other- wise specified Plant nursery with out- door sales and display excluding greenhouses 428 Self-service automobile washes Specialty and district shopping centers Stores solely for the sale of furniture and appli- ances Trade schools, business colleges, commercial schools, and other private schools B. Commercial Recrea- tion. MINDIUM PARKING STALLS REQUIRED 5 plus 250 square feet of usable and access- ible paved parking area for every 25 square feet or fraction thereof of assembly room floor area 1.1 for each guest unit, plus required spaces for additional uses on the site 1 per 400 square feet of gross floor area 1 for each 250 square feet of floor area, exclusive of stairways, elevators, landings, and' mechanical rooms, not exceeding 15 percent of the gross floor area 1 for each 250 square feet of gross building area, excluding green- houses, and 1 for each 500 square feet of outdoor display and greenhouse area 5 for each 2 stalls 5 for each 1,000 square feet of gross floor area 1 for each 500 square feet of gross floor area 1 for each 3 student capacity of each classroom plus 1 for each faculty member or employee F Q ., Zj 0 25.58310 USE Bowling alleys and btlfiatd halls Commercial stables Driving ages (golf) Golf courses (regulation course) Pitch and putt Skating rinks, ice orroller Swimming pool (com- mercial) Tennis facility (com- mercial) C. Health Uses. Convalescent and nursing homes, homes for aged, rest homes, children°s homes and sanitariums MRg1 MUM PARING STALLS REQUD= 2 for each allay, two for each billiard table contained therein Sufficient area, treated to prevent dust, to provide for the needs of custo- mers and employees but not less than one assessable space for each five horses kept on the premises 1 per tee, plus the spaces required for additional uses for the site 5 per hole plus the spaces required for additional uses on the site 3 per hole, plus re- quirements for ac- cessory uses 1 for each 100 square feet of gross floor area, plus the spaces required for addi- tional uses on the site 1 for each 500 square feet of pool area, plus the spaces required for additional uses on the site 3 for each court plus the spaces required for additional uses on the site 1 for every 4 beds in accordance with the resident capacity of the home as listed on the required license or permit 429 USE Dental clinics or offices and medical clinics or offices Health studios and spas Hospitals Veterinary hospitals, and D. Manufacturing Plants and Kindred Uses. Industrial uses of all types except a structure used exclusively for warehouse purposes Public utility facilities including, but not limited to electric, gas, water, telephone and telegraph facilities not having business offices on the premises MR41MUM PARX3NG STALLS R1ErQUEM 1 for each 250 square feetof grossfloorams, for offices less than 2200 square feet and 1 for each 200 square feet for offices 2200 square feet or larger 1 for each 150 square feet of gross floor area (For the purpose of this subsection, swimming pool area shall be counted as floor area.) 13/4 for each patient bed 1 for each 300 square feet of gross floor area 2 for each 1000 square feet of gross floor area. Loading spaces may be counted as part of the required parking at a rate not to exceed 1 per 2500 gross square feet 1 for each 2 em- ployees in the largest shift plus 1 for each vehicle used in connection with the use. A minimum of 2 spaces shall be provided for each such use regardless of building space or number of employees �du�f 25.59310 USE Warehouses, storage buildings or structures used exclusively for storage purposes Wholesale establish- ments and warehouses not used exclusively for storage E. Places of Assembly. Auditoriums, theaters, sports arenas, stadiums Churches and other place of assembly not specified above Libraries Private clubs, lodge halls, union headquarters MMMWUM PARENG STALLS REQUMM 2 for each 3 employees, but in no event less than 1 for each one thousand square feet of gross floor area for the first twenty thousand square feet;1 for each two thousands square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building 1 for each 3,000 square feet of gross floor area 1 for each 3 seats or 1 for each 35 square feet of gross floor area where there are no fixed seats 1 for each 3 fixed seats within the main auditorium or for every 35 square feet of seating area within the main auditorium where there are no faxed seats; 18 linear inches of bench shall be considered a fixed seat 1 for each 5,00 square feet of gross floor area 1 for each 75 square feet of gross floor area USE Restaurants (takeout restaurants) and other eating establishments including lounges for the consumption of food and beverages F. Other Uses. Day nurseries, including preschools and nursery schools hCU UVIUMI PARKING STALLS REQUIRED 10 minimum and 10 for each 1000 square feet of gross floor area for restaurants up to 3000 square feet and 15 spaces for each 1000 square feet of gross floor area in excess of 3000 square feet of gross floor area 2 for each 3 em- ployees and teachers plus 1 loading space for each 8 children G. When a frac clonal figure is found as a remainder in computations made to determine the number of required off-street parking spaces or garages the frac- tion shall be construed as the next largerwhole number. IL parking area shall be computed by adding the areas used for access drives, aisles, stalls, maneuvering, and landscaping within that portion of the premises that is devoted to vehicular parking. (Ord. 335 (part), 1983; Ord 314 (part),1982; Ord. 264 § 4,1981; Ord. 213 § I (part),1979; Ord 128 §§ 7 (part), 10, 1976; Ord 98 § 1(part),1975: Exhibit A § 2533-7) 430 2538311 Conditional use permit required. A. All uses within the C-1 zone requiring a greater than one space per two hundred fifty square feet park- ing stall to floor area ratio shall be required to acquire a conditional use permit as set forth in Chapter 25.72 Of this title. B. As part of said conditional use permit the com- mission may modify the parking requirements for said use. In modifying such requirements the commission. shall consider. L The parking demand generated by said use in relation to other uses in the area; 2. The hours of operation of said use in relation to the hours of operation of other uses in the area; 3. The relationship of the type of use to other uses in the area; 4. Any other factor the commission might deem necessary in making its decision. (Ord 264 § 5,1981) v .. 25.58312 25.58312 Valet parking. Valet parking is subject to review and approval ei- ther at the time the predominant use is approved through a conditional use permit with -insurance pro- visions or later as a specific item by the city traffic engineer or technical traffic committee under Section 10.12.020, powers and duties of city traffic engineer, and Section 10.12.040, duties of traffic committee, but not until one year after, occupancy resulting from the conditional use permit. Fisting commercial uses uti- lizing valet parking must have an approved valet park- ing plan which includes provisions for insurance for the patrons to the satisfaction of the city attorney. (Ord. 335 (part),1983) 2558320 Joint use parking. Dual use of parking may be allowed where the op- erating hours of the uses involved do not overlap. Joint use of parking shall not exceed fifty percent of the required spaces of any uses involved The agreement for the joint use shall be in the form of a recorded covenant and shall be acceptable to the city attorney. The approval for the joint use can be granted only by the planning commission and shall apply exclusively to the C-1 and P-O zoning districts. (Ord 128 § 7 (part), 1976: Ord. 98 § 1 (part), 1975: Exhibit A § 2533-8) 2558330 In -lien parking payments. In commercial districts, parking spaces required by the provisions of this chapter may be satisfied by the payment of a fee, per parking space to the off-street parking fund of the city prior to issuance of a building permit provided that the district in which the use is to be established is within an established parking district. Funds placed into the off-street parking fund pursuant to the provisions of this chapter shall be used exclu- sively for the purpose of acquiring and developing off-street parking facilities, limited insofar as practica- ble to the general vicinity of the premises for which in -lieu payments were made. The payment shall be in an amount set forth by city council resolution. This provision shall apply only to projects in the C-1 and P-O districts and may not be used to replace more than fifty percent of the required spaces. (Ord. 128 § 7 (part), 1976: Ord 98 § 1 (part), 1975: Exhibit A § 2533-9) 2558340 Off-street loading requirements. Every hospital, institution, hotel, motel, commercial or industrial building hereafter erected or established, shall have and maintain loading spaces as provided subject to the following standards: A. Each loading berth shall be not less than forty- five feet in length and twelve feet in width exclusive of aisle ormaneuvering space, and shall have an overhead clearance of not less than fourteen feet. B. Such space may occupy all or any part of any required yard space, except front and exterior side yards, and shall not be located closer than fifty feet to any lot in any residential zone unless enclosed on all sides except the entrance by a wall not less than eight feet in height. C Sufficient mom for turning and maneuvering vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward. D. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley. E. Entrance from and exits to streets and alleys shall be designed to minimi=Me congestion. F. The loading area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys. G. Bumper rails shall be provided at locations where needed for safety or to protect property. IL If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to cause no annoying gam• L No repair work or servicing of vehicles shall be conducted in a loading area. J. Off-street loading facilities shall be located on the same site with the use for which the berths are KIIf ore than one use is located an a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this title for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths. L Off-street loading facilities for a single use shall be considered as providing required off-street loading - facilities for any other use as long as sufficient spaces are provided to meet the requirements of all uses. M. At the time of initial occupancy, major alter- ations or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading berth requirements. The number of loading berths provided for a major alteration or en- largement of a site or structure shall be in addition to 431 J "d ' , 25.5 340 the number edsting prior to the alteration or enlarge- ment. N. Spam allocated to any off�street loading berth shall not be used to satisfy the space requirements for any off-street parldng facility. 0. Loading space being maintained in connection with any cmtmg main building msting on the effective date of the ordinance codified in this chapter shall thereafter be maintained so long as the building re- mains, unless an equivalent number of such spaces are provided on a contiguous lot in conformity with the requirements of this chapter. proovided, however, that this regulation shall not require the maintenance of such spy for any type of main building other than those specified above. p. No loading space which is provided for the pur- pose of complying with the provisions of this title shall hereafter be eliminated, reduced, or converted in any manner below the requirements established in this title, unless equivalent &alities are provided elsewhere, conforming to this title. (Ord.128 $ 7 (part),1976. Ord. 98 11 (put), 1975: Fahibit A j 2533-10.01) 25MMO Loading spaces required. The following off street loading spaces shall be pro- vided for an hospitals, institutions, hotels+ commercial and industrial uses. Total Square Fed of Building Spy Loading Spaces (gross floor area) Required A. Commercial and indus- trial buildings less than 6,000 0 6,000—15,000 1 15,001-40,000 2 40,001— and over 3 B. Hospitals and institu- tions 10,000 — 50,000 1 50,001-100,000 2 100,001— and over 3 G Hotels 1 (or& 1 A $ 2 (park), 1976: Ord. 98 § 1 (part). 1975; Exhib 432 J�1 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 n 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 Ms. 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 11th. The Commission deliberated for some time and concluded that it might be more appropriate to rename the Downtown Community Park in her honor. Commissioner Abets stated that he would contact the Coachella Valley Recreation and Park District and report back with his finding to the Commission at their May 9th meeting. The Commission voted to continue their discussion to May 9th based on Commissioner Abets' suggestion. The Planning Commission minutes are attached (Attachment 3). On May 9,1995, and May 23,1995, the Commission continued the project to permit staff additional time to ascertain if the downtown park can be renamed. Correspondence to Coachella Valley Recreation and Park District 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� On May 24, 1995, the District approved the renaming of the Community Park to the Frances Hack Park. 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 was 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- 9 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 Mr. Pelletier 5. Various applicant support documents (new material) 6. Draft Resolution PCST.211 Attachment 1 March 10, 1995 Planning Commission City of La Quinta P. 0. 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 in La Quinta. She has also donated many pieces of play equipment to our parks and has sponsored numerous youth programs. 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. Sincerely. Bruce Pelletier Engineer bphackln ', Attachment G ARTS NOSB3. 13C 0 c� 0J y L � � +✓t G H U U Cn 7 iU N _J .� v � r 0 U N Cx �L G7 wl U i > c c N E C7 to C � W � 7 I L � W � 3MOAV o -- AbVd C�I W Ln W C r c \W CD Z Opuob all;) \ W W � C _33biS WIT4 IHSVM o > no • � � •r N � F- • u'7 � W W b J 2 R7 Q O O svonw38 d0IN3AV f / svonwb38 t/0IN3AV �v o o rn C io q ro a.+ vn o > > o• o C1 C7 CJ .1 bb U U 005 Attachment 3 A A Planning Commission Minutes April 11, 1995 /ommissionen rne awn Honeywell asked that the Specific Plan adopt s' red. Commissioner A on moved to reconsii 95-014, and Commission bets seconded the motion, animously approved. ioners Abels/And on moved and seconded a ►on to ad on 95-014 re ending approval of Sp is Plan 94-0 the condi ' contained in the staff re and as amend / ROLL CALL: YES: Commissioners els, Anderson, But Newkirk, and Chairman olph. NOES: Commissio Gardner. ABS Commissioner Barro ABSTAINING: '.None. B. Street '.Name Change 9 -006; a request of the La Quinta Fire Departmen rename a portion of the Old Avenue 52 to Frances Hack Lane. 1. Associate Planner Greg Trousdell presented the information contai in the staff report, a copy of which is on file in the Commu Development Department. 2. Commissioner Butler if there was any intention to connect the portions of Old Avenue 52. Associate Planner Trousdell respon that all the previous applications received for this area have been private gated communities with no access to this street. Commissio Butler asked if the City had any policies regarding naming streets a people. Staff stated there was no policy for people alive or pa away, and the only policy he was aware of was a policy passed by City Council for naming parks. 3. Staff clarified that previous streets name changes that had been apt for were denied because the streets crossed different jurisdictions. ' street entire length was within La Quinta city limits. 4. Associate Planner Trousdell stated he had sent a letter of transm to the current tract owner of Tentative Tract 27613 south of Avenue (Temple Construction) and they never responded. 4; pl S. Chairman Adolph asked whether staff had spoken with the Department about re -naming the street to Fritz Burns in conjunc with the Fritz Burns Park. Staff stated they had not spoken with t but, since there station fronts on the street, they would prefer to Frances Hack Lane. PC4-11 006 0L* Planning Commission Minutes April 11, 1995 6. There being no further questions of staff, Chairman Adolph open the public hearing. Mr. Robert Tyler of Velleta Drive, stated that t way "Francis" is spelled is not the way of spelling "Frances" for woman. There being no further comment, Chairman Adolph clos the public hearing. 7. Commissioner Abets stated that Ms. Hack had done a lot for the C and it would be more befitting to have the Community Park nam after her rather than the street. He preferred not to see stye, renamed within La Quinta. Staff stated that the City had no cont: over the park. Community Development Director Jerry Herman stal that this lane must be changed as it cannot remain Old Avenue 52. 8. Commissioner Anderson stated he agreed with Commissioner Abf but should the ability to rename the park fail there would be nothi to honor her. He suggested that this item be continued until, determination was made regarding the renaming of the Park. 9. Commissioner Gardner stated that he agreed with Commission Abets and Anderson but, the Planning Commission should be do something to honor this Mrs. Hack. The chances of renaming the P., were slim to none and naming the street is available. Discuss `s followed relative to renaming the Park and how long the process wo h 7, take. tl 1 •„ Y .y 10. There being no further discussion, it was moved and seconded Commissioners Anderson/Abets to continue the Street Name Chai request to May 9, 1995, for the reasons of finding a more signifiic site. Chairman Adolph asked that this decision be conveyed to applicant. Unanimously approved. BUSINESS SESSION: A. ; a re t of KSL an annual r ew of an approved devel7onwithdrew would allow dwellin its on part of an 18-hole golf acres. Commissioners Gardner and Andue to a poss: conflict of interest. 2. Associate Planner Gre ousdell presented the information contai. PC4-11 0 0 Ti� 4 4a 78-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 - (619) 7 FAX (619) 7 April25,1995 Attachment 4 Mr. Don Martin, Director Coachella Valley Recreation and Park District 45.871 Clinton Indio, CA 92201 SUBJECT: REQUEST FOR NAME FOR THE IA QUINTA COMMUNITY PARK Dear Don: On April 11th the Planning Commission reviewed a request for a street name change for our t Avenue 52. The request was to change the street to Frances Hack Lane. The Commission tabled tl matter in order to request that the Recreation and Park District Board consider renaming the Quinta Community Park in honor of Mrs. Hack. The Commission felt that Mrs. Hack's contributic to the City of La Quinta warranted more than a small lane named in her honor. Therefore, i Planning Commission requests that you place this request on your next agenda for consideratioi Thank you for your assistance in this matter. We will wait to hear from you regarding the Boar action. Attached is a copy of the accomplishments attributed to Mrs. Hack for your information. Very truly yours. JERRY HERMAN Community Development Director JH:bjs Enclosure L'TM444 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 Various Support Documents Attachment 5 (1 A.A. MCCANDLESS ,35 FpR li Pal 1 13 P.O. Box 1624 La Quinta, Ca. Ci7Y OF LA QUIPITA 92253 CITY i•1ANA�EF,'S O F F1 V L 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 a 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 saving, "She gave more of herself that anyone I know. She didn't want any Glory." I couldn't agret more and : hope the City of La Quinta will honor Frances Hacl memory by naming old Avenue 52 in her honor. Sincerely, Al McCandless lA '... A •t � A � 009 May 15, 1990 Honorable Mayor John Pena, Councilmembers and Friends e ' J _ !i m ^ ` + wtA: •�". 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 :n her lame. Frances Hack is fighting for her life Respectfully, MARGARET MIELE r � Let's help her make the grade! 010 and La Quinta benefactor ALE saves lives, property ,ngs The volunteer fire fighters of La - Quinta wish to give the Desert Cove G, Communities the opportunity to fu join us in our appreciation of the th t is a donations of one of our major bene- by ieol- factors, a resident of long-standing si( and local businesswoman, Francis sil for Hack. Nf I of In recent months, Hack gen- ®I :lec- erously contributed the amount of sn Jgan $10.000, which has been applied to A: 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 92 Is in the specific purpose of replacing the "Jaws of Life" with a larger, th. the more up-to-date model. This piece bo Ling of equipment is used to aid in free- w, ver, ing traffic accident victims who sp ' lity have been trapped within their W, for vehicles. in many cases making the ra difference between life and death, we Jool We extend our deepest gratitude so' and to Hack for her contribution to our lis the test effort to preserve the lives and f rt property of the residents and visi- ing tors to the cove communities. Her m' and its have already touched count- less lives and will continue to do so m� .ars for many years to come. dic :ohl hl are THOMAS PARKER ar, ac and President La Quinta Volunteer Fire Fighters be. :als Vol 1 1905 �!� �.mlc'.vnarnr �.rawvar..� e � . .. �:i.•L "'1^ZI'e4:2: r U m C CJ �4 tE T! y > Ct cu to y a1 a c 4 p O.,p y q� g .p /a GL7 O O :.+ a) vi U 0 � $ R d to al a�616�7 'n CC ) .�>_ cc O d > Ri d v O O ,,,� a ►.. m cap ycav Eow�°>'acca+a L. y�e 'py rn v U w .ec��. a� o a ro u- c E p is .w ••'6u�: o>,ia3L d`°nano ��►.o�^�cx'o oW2 to is i r- a�aoi yw cx dpC hdC m cc° Q c i7 a) �+ 't7 w CO ea O U >s iri � ca .•- .. w w o[* y y w •'C+ H ttfi cu m yDa O 0. C N C cn !n m A O y ,�. V w .0 Cc .00 U u 'u C ">,= cV9 x coy E as W Q y ca �- 3 3 G c c a =a- ca v w E too ca ar as A U O v' O c- y ca w pp L. tw— r' C H N w OyO4U..�. d mi th U cc En E ? .E ca LO y to Y O p,•C d U •.. C w A = '> U 1�c6. w 'C •7 .G u,•'G y[ E o >, IA L G t&-j it , Zr'w. % C vi QJ M CCt Cil 6J O O cn cn C vi 6J U vVi 0. '_' O O ca c _ L. = % y U R i+ t"•. a LL �yy!i! a M •C a L. ca 6W�•• .— d C cu ... O cc ...� d 'DA c0 :-. ; L. 27 �i G 4r per• p y Ri U ..4 cs. 4) w v `I�� EN w�� y O ci'. C c0 y CL d.c 6 w G Qua taw fi C N I CSa�iM o ea'o U�c>ao=,Cyr=CJ (� N Q' o .a • d ti no U w x y as H o° d o as >,o Zw a o L ca E,c= $ as o c �i W m /". y •O mO W bA v� L O p0 m •'Gi =cy : ". a $ o >,$ c now ycycn 'v Y3ag=°�caG t°vwa>iu°1cc m w:° ca co �ce�� ly. N �W cca cc w" c.L. oven W. c� 2 y E aI ca ego E O' 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. i`'. "We kind of thought of her as 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. Ili a 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 Indio High School athletic director Mike Heron announces he Is leaving the post after 10 years. V ^ )� 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 disccvery 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 citynood 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 ,ffairs 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 playground 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 Saman- 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 I a.m. Saturday at the Religious Science Church of the Desert in Palm Desert. Bunal will be private. MOM 1HE GLITTER OF HOLYNVCV -0 THE SERENITY OF LA QULNTA, FRANCES LI:CILLE DE KAY DEFINE.. SUCCESS AND PH11 ANMOPY ... SUCCESSFUL `►NOMAN dsrances de Kav knew all that glitters is certainly not gold. Though a millionaire several times over by the time 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 Mary Martin. de Kays sister. "M 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 S4 million estate was divid- ed up among yanous 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 properi in downtown La Quinta to Casa Colina. It was perhaps the last act in a long history between de Kav and Casa Colina. By the time of her ueath. de Kav had been on a grand ride through life. from the movie lots of Holk-wood to the serenuy of the low dc,ert. •.\ here ,he hCh)CO hudd La Quinta. the «ortd famous golf resort anti lone timc \inter nangout for me stars. After lust mrivmg as a talent agent di.nng Tinsel To%%n, 1930) hevoay. ;ic Kav decided to pass on fame and moved to Claremont where ,he settled %\ ith her husband Pern Hack. a local contractor. Life in the Pomona Vallev \\as good for the couple. %N here Pern enlo\ed entenaimng his friend,. "He \\;is a big handsome man." recails Martin. "fie liked his fnend, and he liked his fun.' It was during this ume that Hack corre• spondccl i\ ith Casa Colinas founder Mother Smith. %%rating herat: one point that he looked fenvard to %\orking in the hospital's expansion. Then the couple pulled up stakes and moped inro the Licsert. Miere thev hcgan to purchase propenv In the late 19_0,, ilc K:iv and Casa Colina met again %% hen her bromer Robert ;lad a stroke and was .admitted to the hospital's "troke ..A 0.1 �y ag Aid talent row,. , 'ryn4 tinsel lae�theie� later or Or She rehabilitation unit. "They gave Bob such wonderful treatment t there. it really made an impression on the family," Martin said. Following de Kays death. Martin said she was i gripped by the feeling that t de Kay wanted some of her estate to go to Casa Colina. "I don't know, there.t was just something in my mind that Casa was Frannie and Perrs 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 disbursei a judge for approval. her decision to give the land to Ca vindicated. Sifting through de Kav', dusty boxes and file .in old envelope. Inside \sas a letter. daieu iulV h. M2 Colina's Mother Smith to Pern• Hack. She \%as �\ citing it letter Hack had sent her. expressing his desire to build for the kids at what was then called Casa Colina Con•aii for Crippler! Children. "I am glad you remember my dream of a \\ orkshop handicapped young people." -he \\ rote. "Say. son. wou fun budLling that shop! I �\ouid make +ou the contractc watch the progress even•dav and make plans for the fui Martin said that as she read the ictter. ,he felt as if i ,miling at her from above. "It was as if Frannie and Pern• touched me on the s ,aid 'lionev. %ou did the right trnng. " PLANNED GIN-ING JO ANN GRIMES IS A GUJFORN kN IN THE PUREST Ao Ann l,times t, a Californian in the purest sense. k 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. ; position she filled after her husband Harold died in 1989. Grimes has deftly navivated the company through the rough waters or Southern California's economy. Last summer. to Ann was considering what to do with 160 acres of irrigated farm land in the Imperial Vallev wynich was generating oniv a marginal montnh• income. She was looking for a vay to make the land a more proricable asset. Allen the land vas appraiseu at SiIi.000. lu Ann H expect to pay a substannal amount in capital gains tax sell it outright. Rather than take such a loss on a flat sale. she msu creating a Charitable Remainder l:mtrust that offered I benefits. By instituting such a trust. Jo Ann did not have to I taxes on the sale of the propem•. The funds generatec were. in turn. reinvested in a manner that can provide quaneriv income than the properr had previoush• get since the fund is a chaniaole girt. she became eligible income tax deduction. The trust will pay to Ann a set percentage of the p rest of her life. V`hen she passes away, the trust will di remaining funds will go to Casa Colina. to Ann said she decided to create such a trust witf after considering ocher prestigious institutions. in the ed to work with Casa Colina because of Casa s commi ing people rebuild their lives chrougn rehabilitation. "I believe the spectrum or care chat Casa Colina pi wonderful." Grimes said. 014 Nic City of Za gu&k, Califoritia INCORPORATED MAY 1, 1982 C/3�W+woune WHEREAS, Frances Hack has been a La Quinta reside for over 35 years and has shown a great love for her communi by her continual involvement in the advancement and betterme of the community; and WHEREAS, Frances Hack, lead the formation of the Quinta Chamber of Commerce in order to advance the busine community; and WHEREAS, Frances Hack, in believing that loc government was necessary in order to plan for orderly growth a for the citizens to have control over their direction, he1F to underwrite funding of the task force for the incorporation La Quinta; and WHEREAS, Frances Hack, in continuing to think of k fellow -man, purchased the "jaws of life" equipment for the Quinta Fire Department; and WHEREAS,. Frances Hack's love for children resulted her providing the playground in the La Quinta Community Park a spearheading both with financing and real estate know-how, t first La Quinta Marywood Day Care School; and WHEREAS, Frances Hack helped to underwrite the cost construction of the community center in the park; and WHEREAS, Frances Hack, whose love for children gave Quinta something that money cannot buy, a bright future for 1 youth of La Quinta; and WHEREAS, the citizens of La Quinta extend a hearth 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 HOYLE, Mayer of the City of La Quinta, do hereby proclaim J1 5, 1988 as FRANCES HACK DAY in the City of La Quinta and ask all citizens to join me paying tribute to her on Sunday, June 5th at La Quinta Hot, where the La Quinta Historical Society will honor her with "Gamby Award". 7. ATTESTED TO: h,� ;DPP 1 19115 ,.. - a r V �ISTO�IC�Z SOC��TY BOX 1283 LA OU1111A, CA 92253-1283 ` VrS�' lv IMMED=ATE RELEASE Contact: Fred Rice 619/564-4 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 literall means "masterful force" and "talented people". According to the Cahuilla custom 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 al' say "Thank you, Frances, we love you!" - End - APR. I.L. ....-...... ---b- ()IS DAILY NEWS, Monday, May 17, 1982 SCHHOr OL 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 Mary O'Neill I knew I completes its first wanted to be a part of successful year of opera- what she was creating tion. Marvwood Country here." Dav 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 Marvwood, 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 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. wmo� * 5. m&��w o w a+ m Z; m E° awE. C"1 fyA (9 N R x H ►M.. A t� H O O y cri�� Alaht�o jo ; ti w W Oaaoro�.,ro ov .7 O q O m O H O < CL O M L7 WQ m m 0. g� mg'p�p►� Q O.F O E 0 �LL m 4 o Cr 01 i La Quinta saves live The volunteer Quinta wish to 1 Communities i join us in our donations of oni factors, a resid, and local basin Hack. In recent n erously contrib $10,000, which the purchase of In past years, s Of $15,000 to o the specific pu the "Jaws of I more up-to..dati Of equipment is ing traffic ace have been tra vehicles, in mar difference betty We extend ou to Hack for her effort to prese Property of the tors to the cove gifts have alre, less lives and w; for many years La Quinta Volur La Quinta residents pay I to a `good friend and neic By KELLE RUSSELL Rice said Hack wa Desert bun self Writer the award for her effc LA QUINTA — City officials and ing the beauty of L friends praised longtime resident investing her time an( Frances Hack as the city's "good community." friend and neighbor" at a ceremony Her achievements i Sunday. heading formation c Hack, a 35-year resident, was ber of Commerce and awarded the La Quinta Historical first secretary, rall Society's "Gamby Award" for com- Quinta's incorporati( munity service. and buying the "jaw "When you think of La Quinta, Fire Department resc you think of Frances Hack:" said Hack has sponsi Fred Rice, president of the histori- projects aimed at yo cal society. providing playgroun About 80 people attended the for the community ceremony at the La Quinta Hotel. It writing the Commu included a story -telling session and cost and helpin a tea. (Please turn to P 146 018 UGH: �J os o O U _ r_ .. Z U a q t� 0 O -- c c r�n u s �w ro C ro 3i .Oc u = C M O.c y q _ o C Ed 0 C u q q t'� W 1a O M d X V"�A ¢uc a >O y CY Eo -0 °L� Cr 0 ul , c c 6�o 'qo. tnv Z - C.-0Q _ by t U- U y O?n O a cE .cya`. U. -O a O O -cc Ay sq z 3R - 0— o �V:i ao°o y, V.o E: 0 Eu L0O ' � z� QU t�-ci cn'¢ �U Lo` -LL g0 =moo �- nU �q sq t- �i�Ci sm y� J~ '-a Z� `off c r :3LLI i `E z O Q /1 :n a C J 2Z O U w ¢ ¢ J -J = E-Q J ¢OZ F• _ ^n J O O F- W-1 w O Z� O =� E �z yr = 3 = O E_. Q cc W U rn > �¢ > Q � O - i W Z q �L J J J Z z Z i w yJ i y= T F- 2n > ¢ E J v " E _- _ z _ `i L i Y O O `%•N c T `� 019 n- 7 71 3 - V v` V cc YY e E o a o o N n E E a 3 �• ryc �+••�. y a G :° E y N 2 C Z -' c y 'a eLu Y a �+s ►i 4. ° C Y Y y C occ -2 U ? " C `•6 N L E a q L16 net T yS�XX Zy.Jsz E 0?O Y Z '�� ory i° In < iaTZod cTU> aZI L5 5 aP OOZX Z J6.V W w "" ay j ZvZ n } o Yacc U N oE E e M i 0 c 3 cF:. cZ O Y•n a t y ' xW c� a� $ =15�F-C� �1Z cz C a n y 1 a v am y c ci cv y O cc a�'c2L YO n< `o o Y d W ZuC7 y�`y�gnu0 Ec� c e y. O N UU40g= U O O is d q S gO y eO c> s ; n Fa v aoiV c �� _ a >nmFBnnz qa< n a �� n °rVEa� L c Z v Y c Z_ OQ _ c ' y c W y 3 ° - L ° 9 V O W Ay V J g r N j �y _V d L x Z < Q y 1 r L u-3 1 :a�• C E p a T yyy=m ~ en° yZ U� c-7 �o TU o qU py Q9t yim T o'cLY� Fayy •,vUe =T_m° Y Ym v. ° v , ° c L c° a �r-�f Q � J V � O � ] n 3 d 3 y xv3y c ° yLoavc Z°_avi� f0E .Y0.Zx°� ==c��N on3 c < Z � O o T V u a v E c -4 n yQYLYy =1x-� E Z .na80�I c z O y o tj a U ? O O d y E c 3 a = c y a� - os as 3c o v i s 0u >? aU+. y y Z E y i O c E T q 01� y a y _y nRlMAIO 0 1 q Marywood Country nay 3cAoo[0 January 5, 1984 A10111% 1 9 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 op-portunity 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, v �Lo's M. Agnew President Board of Directors MARY OWEILL W eetor 564.13" 346.4295 090 L.0 600 Margarita Avenue 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 Qu, Historical Society honored you recently with "Gambv Award". Based on what little I know a2 your activities in La Quinta, I am sure it was i well deserved. Again, my congratulations. WTW:dm Sincerely, r,b'l a William T. Ward APR 1 9 1S95 091 CAPITOL. OFFICE S •..t C•.11 1 . 1. 1.181 a4S 8211 S.. Oltao CO.— A"- s em b i f� O-7. ' Orrlct M! 129 W[i. MI.41Ow Avt wul $uI, 101 " -. Ca 1 I California Escowo1oo C• i202S 1. 3-agislaturr Pwpw[ 16191 48Y 8924 •furni� V•A41wu R•swuss[w AOw•w �f •�•. nC Aff�a..w. BILL BRADLEY mos.— At...... "U0 Rtn[uwu.'v[ ASSEMBLYMAN SEVENTY SIXTH DISTRICT MEMBER OF THE ASSEMBLY RURAL CAUCUS June 17, 1988 Mrs. Frances Hack 77-885 Calle Montezuma La Quinta, CA 92253 Dear Mrs. Hack: i 42 R •wI Pwi F My personal congratulations for being select the city of La Quinta's"good friend and neig bor at a civic ceremony this past week. Your sincere personal interest in retaining the beauty of La Quinta is a worthy investme of time and money. The "GAMBY AWARD" is obviously bestowed on very special people in the community. Best Wishes for continued success in the fut projects you are planning. If I can assist you, feel free to contact my Rancho Mirage office. Sincerely, Bill Bradley / Assemblyman, 76t1i District BB:mf APR I rl 4 C% 4 4(V Q" 78-105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564-2246 August 5, 1988 P11 Frances L. Hack P.O. Box 191 La Quinta, California 92253 Dear Frances: APR 1 9 1995 On behalf of the City Council and the residents of the City La Quinta, please accept our heartfelt thanks and appreciat for your contribution for playground equipment for La Quint first neighborhood mini -park. The love and concern you have shown for our community duz the past many years is recognized by the respect and affect in which you are held by the entire community. The City of La Quinta is striving to provide its citizens wit City they can be proud to call "The Gem of the Desert", and y contributions have certainly added to that effort. Sincerely, i� - WILLIAM R. HOYLB, Mayor City of La Quinta, Califorr MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253: 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 the 1 lth day of April, 1995, the 9th day of May, 1995, the 23rd day of May, 1995, and the 13th day of June, 1995, on Street Name Change 95-006 and recommended approval to the City Council; and, WHEREAS, the Planning Commission, at the meeting held on the 13rd day of June, 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 Quints 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 1 Resolution 95- PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 13th day of June, 1995, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOCC.128 2 Calle Sinaloa Calle ouranqo La puinta Cove F R W CALLE TAWICQ s <' 0 s a< N .. AVENUE 52 CITRUS COUNTRY CLUB / C14rus Grove Hacienda Del ,ato '^LD AVENUE 52) ......., AVENUE 52 • mmmnson I+\I Ranch CORAL REEF MOUNTAIN RAW CASE MAP CASE Nm Street Name Change 95-006 La Quinta Vollunteer Fire Department From: Old .52nd Avenue To: Frances Hack Lane Citrus Grove W N 6 v- AVENUE 52 Citrus Grove ORTH SCALE: nts PH *2 STAFF REPORT PLANNING COMMISSION DATE: JUNE 13, 1995 CASE NO.: TENTATIVE TRACT 28150 APPLICANT: KSL LAND CORPORATION (MR. S. CHEVIS HOSEA) ENGINEER: WATSON & CHRISTIANSEN, ENGINEERS LOCATION: WEST SIDE OF INTERLACHEN AND NORTH OF 58TH AVENUE IN PGA WEST REQUEST: APPROVAL TO RESUBDIVIDE 3.6 ACRES INTO 14 SINGLE FAMILY RESIDENTIAL LOTS AND ONE COMMON LOT GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL (2-4 DU/AC) ZONING: R-2 BACKGROUND: This project was reviewed by the Planning Commission on April 25, 1995. The Commission recommended approval of the subdivision request. On May 16, 1995, the City Council reviewed the project. Without any discussion, the City Council referred the case back to the Planning Commission based on the written request of the applicant's attorney on May 9. The attached City Council report explains both the Commission's past actions, and the additional information presented to the Council on May 16. Additional Information On June 6, 1995, staff received written information from The Monarch Group, representing the PGA Homeowner Associations. They state that they are currently in contract negotiations with KSL (unfinalized at this time) and are concerned with this tentative map request. They submitted the letter and draft agreement for Plot Plan 95-552 (Model Units), but they also alluded to this case. The Monarch Group agreement request notes two pertinent statements for the Commission to consider regarding the community pool issue in this tract: "PGA II (Homeowners' Association II) requests that KSL incorporate a community pool into the area of the 14 lots on Interlachen. PGA II suggests that alternative sites be considered, e.g., the island on Colonial or the north end of the intersection of Interlachen and Merton." PCGT.116 � i� "KSL has not committed to constructing an additional pool; however, they do intend to create additional amenities during their development of homes at PGA West, as well as expanding facilities at the clubhouses to absorb the increase in resident population at PGA West." The Monarch Group also mentions the vehicular access gate on Avenue 58. They request that KSL "...finish the perimeter wall adjacent to the inactive key card gate at the comer of 58th Avenue and Interlachen." Staff addressed this issue in the City Council report. The Planning Commission has the following options available based on this new information: 1. Add two additional Conditions: (A) Miscellaneous Condition 43 stating that: "A community pool and spa will be provided within the boundaries of the map. The recreational amenity package shall be submitted to the Community Development Department for review and approval. Before submission of the final plans to staff, the developer shall obtain approval from the PGA West Homeowners' Association for the proposed recreational facilities. The developer shall build the common facilities before issuance of a Certificate of Occupancy for any residential unit(s).'; and (B) Miscellaneous Condition 44 stating that: "The inactive key card gate at the intersection of Avenue 58 and Interlachen shall be activated and/or completed before any Certificates of Occupancy are issued. The developer, prior to City acceptance, shall obtain final approval of the gated access system from the PGA West Homeowners' Association." 2. Approve the project as originally conditioned. FINDINGS: Findings necessary to recommend approval of this tentative tract can be made and are attached to the draft Planning Commission resolution. CONCLUSION: This tentative tract map is acceptable provided the attached Conditions of Approval are imposed. Any applicable specific plan conditions of approval will need to be complied with. RECOMMENDATION: Move to adopt Planning Commission Resolution 95- , recommending to the City Council approval of Tentative Tract 28150, subject to conditions. Attachments: 1. Draft Resolution and recommended conditions 2. May 16th City Council Report (with attachments) PCGT.116 PLANNING COMMISSION RESOLUTION 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT 28150 TO ALLOW THE CREATION OF A LAND SALES SUBDIVISION AT PGA WEST CASE NO. TT 28150 - KSL LAND CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of April, 1995, hold a duly noticed Public Hearing to consider the request of KSL Land Corp. to subdivide 3.6 acres into 14 residential lots and one common lot, generally located on the west side of Interlachen and north of Avenue 58 in PGA West, more particularly described as: LOT 5 OF TRACT 25499-3; A PORTION OF THE SOUTHWEST 1/4 OF SECTION 21, T6S, R7E, S.B.B.M. (APN 761-470-024) WHEREAS, the City Council of the City of La Quinta, California, did on the 16th day of May, 1995, hold a duly noticed Public Hearing to consider the request of KSL Land Corp. to subdivide 3.6 acres into 14 residential lots and one common lot, generally located on the west of Interlachen and north of Avenue 58 in PGA West and after deliberation referred the project back to the Planning Commission for additional discussion; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of June, 1995, hold another duly noticed Public Hearing to reconsider the request of KSL Land Corp. to subdivide 3.6 acres into 14 residential lots and one common lot, generally located on the west side of Interlachen and north of Avenue 58 in PGA West; WHEREAS, said Tentative Map has complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Director has determined that the proposed tentative tract is a part of and is consistent with the PGA West Specific Plan, for which an Environmental Impact Report was certified on May 1, 1984. Based upon the above information, the determination was made that the proposal is exempt from further environmental consideration per Section 65457(a) of the California Government Code; and, RF-SOPC.118 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 to justify the recommendation for approval of said tentative tract map: 1. That Tentative Tract 28150, as conditionally approved, is consistent with the PGA West Specific Plan, the goals, policies and intent of the La Quinta General Plan, and the standards of the Municipal Land Division Ordinance in that the tract complies with the land use designation for Low Density residential development. 2. That the subject site is physically suitable for the proposed land division. 3. That the design of Tentative Tract 28150 will not cause substantial environmental damage or injury to fish or wildlife, or their habitat. 4. That the design of the subdivision, as conditionally approved, will not cause serious public health problems. WHEREAS, in the review of this Tentative Tract Map, the Planning Commission has considered the effect of the contemplated action of the housing needs of the region for purposes of balancing the needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THERE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Commission in this case; 2. That it does hereby reconfirm the conclusion of the previous Environmental Impact Report for the PGA West Specific Plan for this Tentative Tract; 3. That it does hereby recommend approval to the City Council of the above -described Tentative Tract Map 28150 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 13th day of June, 1995, by the following vote, to wit: RESOPC.118 ris�� NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairman City of La Quinta, California ATTEST: JERRY HERMAN, Community Development Director City of La Quinta, California RESOPC.118 RESOLUTION 95- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 28150 JUNE 13, 1995 GENERAL Tentative Tract Map 28150 shall comply with the requirements and standards of the State Subdivision Map Act, the City of La Quinta Land Division Ordinance, and all other applicable laws in effect at the time of approval of this tentative map unless otherwise modified by the following conditions. This tentative tract map approval shall expire and become void two years from City Council approval date unless extended pursuant to the City's Subdivision Ordinance. This approval shall be in compliance with all applicable conditions and applicable provisions of Specific Plan 83-002. Except as provided herein, the approval of this tentative tract map or any final map for this development shall in no way reduce or nullify the applicant's responsibility to satisfy Conditions of Approval for underlying specific plans, tentative map or final maps. 4. The developer shall retain a qualified archaeologist immediately upon discovery of any archaeological remains or artifacts and employ appropriate mitigation measures during project development. Any minor changes in lot mix, sizes, lines, or shapes, or street alignments, shall be reviewed and approved by the Community Development Department prior to any final map approvals for recordation. 6. The applicant shall comply with the recommendations of the completed noise analysis for "PGA West". All lighting facilities shall comply with Chapter 9.210 (Outdoor Light Control) and be designed to minimize light and glare impacts to surrounding property. All lighting to be installed shall be subject to review and approval by the Community Development Department. Applicant shall submit plans for street lighting along roads, if any, for review and approval by the Community Development Department. 8. The development of custom, single-family lots shall be governed by the Design Guidelines of Specific Plan 83- 002, to assure that building architecture, building materials and colors, building height and setbacks, and landscape design follow appropriate design themes throughout the tract. a. Prior to issuance of an occupancy permit for any house within Tentative Tract 28150, landscapinglgroundcover and permanent irrigation shall be installed and appropriately maintained. Type of planting, method of installation, and maintenance techniques shall be subject to plan approval by the Community Development Department. CONAPRVL.148 Conditions of Approval Tentative Tract 28150 June 13,1995 9. Prior to issuance of a grading permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of the Environmental Impact Report prepared for Specific Plan 83-002 and Tentative Tract 28150, which must be satisfied prior to the issuance of a grading permit. Prior to the issuance of a building permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of The Environmental Impact Report prepared for Specific Plan 83.002 and Tentative Tract 28150, which must be satisfied prior to the issuance of a building permit. Prior to final building inspection approval, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with all remaining Conditions of Approval and mitigating measures of the Environmental Impact Report prepared for Specific Plan 83.002 and Tentative Tract 28150. The Community Development Director may require inspections or other monitoring to assure such compliance. 10. The applicant/developer shall submit preliminary single family architectural plans for construction in Tract 28150 for review and approval by the Planning Commission if the Highland Units are not built or the applicant does not use the compatible units proposed pursuant to Plot Plan 95.552. The plans shall be architecturally compatible with the existing units in the project area and obtain approval of PGA West Homeowners' Association if necessary. 11. The developer of Tentative Tract 28150 shall disclose the following information to those buyers of units located within Tract 28150. "The Riverside County Sheriff's Department operates its shooting practice and qualifying range on the north side of Lake Cahuilla, approximately 3,000 feet from the westerly boundary of Tract 28150 (in the southeast quarter of the northwest quarter of Section 20, T6S, R7E, S.B.B. & M.). This range is used for monthly practice and quarterly qualifying sessions, and is also used by various other Coachella Valley agencies. For more specific information contact: Riverside County Sheriff's Department, 82.695 Dr. Carreon Drive, Indio, CA 92201 619-863-8990." This information (or similar wording) shall be disclosed through an amendment to the purchase agreement. 12. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 13. If the applicant desires to phase improvements and obligations required by the Conditions of Approval, a phasing plan shall be submitted to the Public Works Department for review and approval by the City Engineer. The applicant shall complete required improvements and satisfy obligations as set forth in the approved phasing plan. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase unless a subphasing plan is approved by the City Engineer. CONAPRVL.148 2 �' �, Conditions of Approval Tentative Tract 28150 June 13,1995 14. Prior to the issuance of a grading or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: Fire Marshal Public Works Department (Grading Permit, Improvement Permit) Community Development Department Riverside Co. Environmental Health Department Coachella Valley Unified School District Coachella Valley Water District Imperial Irrigation District California Regional Water Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approvals and signatures on the plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building Department at the time of the application for a building permit for the use contemplated herewith. 15. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. 16. Except as otherwise modified herein, Tentative Tract Map 28150 shall comply with all requirements of the Conditions of Approval of the underlying Tentative Tract 25499 and Tract Map 25499.3. PROPERTY RIGHTS 17. All easements, rights -of -way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the subdivision and functioning of improvements shall be dedicated, granted or otherwise conferred, or the process of said dedication, granting, or conferral shall be ensured, prior to approval of a final map or filing of a certificate of compliance for waiver of a final map. The conferral or guarantee of conferral shall include irrevocable offers to dedicate or grant easements to the City for access to and maintenance, construction, and reconstruction of all required improvements which are located on privately -held lots or parcels. 18. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which give access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties. 19. The applicant shall dedicate a 10-foot public utility easement contiguous with and along both sides of all private streets. CONAPRVL.148 3 Conditions of Approval Tentative Tract 28150 June 13, 1995 20. The applicant shall dedicate any easements necessary for placement of and access to utility lines and structures, park lands, drainage basins, common areas, and mailbox clusters. 21. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. IMPROVEMENT PLANS 22. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Streets & Drainage,", "Precise Grading", and "Landscaping." All plans shall have signature blocks for the City Engineer and are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, parking lots, and water and sewer plans. Combined plans including water and sewer improvements shall have an additional signature block for the Coachella Valley Water District (CVWD). The combined plans shall be signed by CVWD prior to their submittal for the City Engineer's signature. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 23. The City may maintain digitized standard plans for elements of construction. For a fee established by City resolution, the developer may acquire the standard plan computer files or standard plan sheets prepared by the City. When final plans are approved by the City, the developer shall furnish accurate computer files of the complete, approved plans on storage media and in program format acceptable to the City Engineer. IMPROVEMENT AGREEMENT 24. The applicant shall construct improvements and/or satisfy obligations, or enter into a secured agreement to construct improvements and/or satisfy obligations required by the City for the tentative tract map, parcel map, approved phase of development, prior to approval of the map or phase or issuance of a Certificate of Compliance in view of a map. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 25. If improvements are secured, the applicant shall provide approved estimates of the improvement costs. The estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not contained in the City's schedule of costs, estimates shall meet the approval of the City Engineer. CONAPRVL.148 4 �� Conditions of Approval Tentative Tract 28150 June 13,1995 Estimates for utilities and other improvements under the jurisdiction of outside agencies shall be approved by those agencies. GRADING 26. Graded but undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 27. A thorough preliminary engineering, geological and soils engineering investigation shall be conducted. The report of the investigation ("the soils report") shall be submitted with the grading plan. 28. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform wAh the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on the final map(s), if any are required of this development, that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 29. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, La Duinta 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. 30. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. The data shall be organized by development phase and lot number and shall be cumulative if the data is submitted at different times. 31. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within this development but, not sharing common street frontage where the differential shall not exceed five feet. If the applicant is unable to comply with the pad elevation differential requirement, the City will consider and may approve alternatives that preserve community acceptance and buyer satisfaction with the proposed development. DRAINAGE 32. The applicant shall comply with the City's Flood Protection Ordinance. 010 CONAPRVL.148 5 Conditions of Approval Tentative Tract 28150 June 13, 1995 33. Unless otherwise approved by the City Engineer, stormwater falling on site during the peak 24-hour period of a 100-year storm, shall be retained as designated in the approved hydrology plan for PGA West. LANDSCAPING 34. Landscape and irrigation plans shall be prepared by a licensed landscape architect. Landscape and irrigation construction plans shall be submitted to the Community Development Department for review and approval. The plans are not approved for construction until they have been approved and signed by the Community Development Director, the Coachella Valley Water District, and the Riverside County Agricultural Commissioner. 35. The applicant shall insure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. MAINTENANCE 36. Prior to approval of a final map within this tentative map area, the applicant shall provide the City with executed, recorded or recordable documents which annex the lots created by the final map to an existing homeowners' association (HOA) within PGA West. 37. The applicant shall make provisions for continuous maintenance of streets, drainage, and landscaping improvements until those improvements have been accepted for maintenance by the HOA. The applicant shall maintain all other improvements until final acceptance of improvements by the City Council. FEES AND DEPOSITS 38. 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. FIRE MARSHAL 39. Schedule A fire protection approved Super fire hydrants,(6" X 4" X 2'/2" X 2'/z") shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1000 gpm for two hours duration at 20 psi. CONAPRVL.148 6 Conditions of Approval Tentative Tract 28150 June 13, 1995 40. Prior to recordation of the final map, applicantideveloper shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signediapproved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 41. The required water system including fire hydrants or other means of providing adequate fire flow shall be installed and accepted by the appropriate water agency and Fire Department prior to any combustible building material being placed on an individual lot. 42. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. CONAPRVL.148 r1 • 4 40" AGENDA CATEGORY: BUSINESS SESSION: �OUNCIL/RDA MEETING DATE: M(ay 16, 1995 CONSENT CALENDAR: TEM TITLE: STUDY SESSION: _ Public Hearing on Tentative Tract 28150; a request to subdivide a PUBLIC HEARING: vacant parcel into 14 single family lots and one common lot on the west side of Interlachen, north of 58th Avenue within PGA West. — Applicant: KSL Recreation Corporation Adopt City Council Resolution approving the resubdivision of a condominium lot within Tentative Tract 2815 subject to conditions or refer the project back to the Planning Commission per the request of the applicant. None The subject property is a portion of PGA West near the southern boundary adjacent to 58th Avenue. T property in question consists of 3.6+ acres and was originally created by Tract 25499 (Phase 3 in 1990). that time, the property was proposed to be developed with air -space condominium units. The previou: approved plans called for a total of 14 condominium units on the subject property (Attachment 1). The vacant properties to the south are outside of the PGA West project. To the east side of this tract, t property is developed with Trophy condominium units built by the Sunrise Company in 1992. The existi Nicholas private golf course is located west of this site. Street improvements along Interlachen have be installed by the previous subdivider. The 14 residential lots are approximately 70-feet by 148-feet or 10,360 square feet (Attachment 2). 'I proposed lots will be developed with single family detached units. CCGT.001 J_ , City Council Public Hearing Notice Public notices were mailed to all adjacent property owners on May 4, 1995, and a public notice was publishe in the Desert Sun newspaper on May 5, 1995. This tentative tract map request was considered at a public hearing conducted by the Planning Commission c April 25, 1995 (Attachment 3). Several items concerning the project were discussed: 1. CommuWly Swimming Pool - The previously approved layout for this site, under Tract 25449-3, includf one common area swimming pool at the intersection of Interlachen and Hermitage or what is no proposed Lot 14. The applicant feels a community pool is not necessary because they are not buildu air -space condominium units that were planned in 1990 by the Sunrise Company. The Plannu Commission felt this solution was acceptable since they had not received any letters of opposition fro the existing residents to the east of the request. However, if the developer builds air -space condominiu units in the future the pool would be required. The Commission inquired whether or not this tract was in PGA West Association (HOA) 1 or 2. 1 existing residents across the street are in HOA #2, but this project is in HOA #1. The Commissi( thought the existing HOA's should determine if the pools should be built because of the long -ter maintenance costs that are required. They also felt the original buyers in PGA West should be involve in this decision. 2. New Homeowners' Association - The applicant asked the Planning Commission to revise the propose wording of Condition #36 to permit KSL to either remain in HOA #1 or form a new association for d tract plus other property controlled by their corporation. The Commission thought this new change mig adversely impact the two existing Associations. The original subdivision of this area in 1990 did r address this issue. The Commission thought more information was necessary before they altered t proposed condition. 3. Future Housing Plans - The Planning Commission wanted to know if the original Sunrise Company un would be built on this site. The applicant stated they were considering building their recently propos Hermitage Collection that is part of their future model home complex on PGA Boulevard, south of t existing Tennis Complex (PP 95-552). These proposed homes are single story and range in size frc 2,598 to 3,443 square feet. The Commission stated that if the developer's plans changed in the futui they would like to review any new proposals. No persons from the audience, other than the applicant, spoke regarding the proposed application. The Planni Commission voted to recommend approval of the tract map on a 5-0-2 vote (Commissioners Anderson a Gardner absent). The minutes from the meeting are attached (Attachment 4). CCGT.001 On May 1, 1995, staff received a letter from Mr. Sardella, a resident of PGA West who has a home c Interlachen (Attachment 5). He states that he did not receive a public hearing notice for the Plannin Commission's April meeting. After review of our mailing labels, it was determined that the developer's tit] company had listed the Sunrise Company as the owner of the lots to the east of the tract. Based on th information, new labels were prepared and the City Council's public hearing notice included those propert owners on Interlachen who did not receive our April notice. Mr. Sardella has stated to staff that the City Counc should not act on this case. He feels it should be returned to the Planning Commission for additional discussic because of the mailing error. Staff has met with Mr. Sardella to discuss his concerns. We have also furnished him with all information th has been received or discussed at the April 25th Planning Commission meeting. He is aware KSL would lil to build their Hermitage Collection on the tract. He has stated that he liked the new housing plans even thoug they are different from the original Highlands units. However, at this time the grading/site plans are n available because Plot Plan 95-552 (model complex) has not been finaled. The model complex and ne production units will be reviewed by the City Council on June 6, 1995, because Mr. Sardella filed an appeal c May 4, 1995, to the Planning Commission's decision approving the new complex and units. Mr. Sardella has requested that the Planning Commission/City Council require the developer to build tl community pool at no cost to the Association. He believes the existing and future residents desire another poi to insure the existing pools are not over used. WR I - I- W The access gate on 58th Avenue was addressed during the review and approval of Tract 25499 in 1990. Tl Condition reads: "Prior to any permit issuance for the 58th Avenue entry gates/guardhouse, plot plan approv must be obtained from the Community Development Department for access and design of the proposed gates ai guardhouse." Staff cannot find any record that an application has been filed to construct the improvements 58th Avenue (i.e., gates and/or guardhouse) nor is there money in place in the form of a bond to complete the. improvements. This tract, although a portion of Tract 25499, does not have a frontage on 58th Avenue, but c a related matter, the Council has approved Tentative Tract 28118 (KSL) which allowed 35 residential units the east of this area along Hermitage and Merion. The Council required the applicant to "....vacate vehic access rights to the realigned 58th Avenue from abutting lots. Access to 58th Avenue shall be restricted to stre intersections and approved emergency access locations." The City Council can determine that the gate or guardhouse is completed as part of the development of this si or you could allow the developer to complete the improvements in a timely fashion based on demand and the sales program. If the Council would like the gated access completed while construction occurs on this propert it would be necessary to add an additional condition. At the May 2, 1995, City Council meeting, staff in a memorandum, informed the Council that an error was ma CCGT.001 t_ ., during the mailing of the public notices in April. The memorandum to Council explained the pertinent facts this case. We stated that staff would review Mr. Sardella's written correspondence and we would insure that and his neighbors would receive a public notice for the City Council's May 16th meeting. These items have be done. The applicant's title company did not intentionally, when preparing mailing labels, forget to include t owners on Interlachen. The title company failed to review the supplemental assessors map which identifies t condominium units. The Council can either elect to refer the project back to the Planning Commission if th feel Mr. Sardella's complaint is valid, or take additional public comment at the public meeting and to appropriate action based on the Planning Commission's decision of April 25th. In addition to the above, the applicant has also requested that Condition #10 be amended to permit either t original units to be built or any units approved by Plot Plan 95-552 (Compatibility Review). At the Planni Commission meeting, Chairman Adolph stated that he would like to review any units proposed for the site if th were not originally approved. However, the new application by KSL would permit these units to be built al if final approval is granted by the City Council. Staff has modified Condition #10 to insure that the applicann request can be accommodated, and that there is no confusion that the compatibility units cannot be built on tl site. On May loth, staff received a letter from the law offices of Criste, Pippin, and Golds, representing the applicai requesting that the Council refer the project back to the Planning Commission because of the noticing proble that occurred in April (Attachment 6). If the Council decides to honor this request, staff will readvertise the ca before the Planning Commission in June. Based on the Commission's reconsideration, another public notice w be mailed at such time as the case is ready to be heard by the Council. Findings necessary to approve the project can be made and are contained in the draft resolution. The options available to the Council are as follows: 1. Approve the project as conditioned; 2. Modify the recommended Conditions of Approval; 3. Continue the project to the Council's next regular meeting (June 6, 1995); 4. Refer the project back to the Planning Commission for additional deliberation; 5. Deny the project based on written Findings. CCGT.00I Attachments: 1. Location map 2. Tentative Tract Map 28150 (Reduced) 3. Planning Commission report (excerpt) 4. Planning Commission minutes 5. Letters from Mr. Sardella 6. Letter from Criste, Pippin, and Golds CCGT.OG1 ATTACHMENTS CASE No. &A TTAC MNI mIr n CITRUS —� COURSE 52rd %t 53Pd AVENUE s N z IA Avenue 54 a PGA West PROJEC SITE 44 0 Z N AMPORT BLVD . Avenue 58 Being a subdivision of Lot 5 of Tract 25499-3 as recorded in Book 228 at Pages 33-39 inclusive, records of Riverside County, California (APN 761-470-024). CASE MAP Location Map Tentative Tract Map 28150 ORTH SCALE: IN r81 Cm Or 1A GUINTL COUNTT Or AIVrASLDA. STATS Or CAulO T.ENTt.iTIVE TRACT NO. 2RI50 UDVO SUBDIVISIONTA A SUBDIVISION Or LOT s Or CT NO 15491-S AS ASCO"Oft IN 8009 Ats AT m. /AGES SS MAW" $O INCLUSIVZ. ACOADS Or AIVAASID8 COUNTr. CALIFORNIA. a °� Us IAANAADINO AASA NSALDLN. FEBRUARY 1995 0/1 4�j° Q1 ab�IG_ WATSON & CHRISTIANSEN ENGINEERING i T0. 44400-4 LOT 0 &IFIF 1CLiic IRMIF a' OWNER/DEVELOPER ASL "CARNATION COAPOAnON M.40 PCA ALrD. LA OUNNI. CAMPOAN4 Ones(sts) M•-loss � BNCINEER 1 ! WATSON & CaASSTIANSAN SOMMINAING DI sot sss u QVINrA. CAM"ANtl OAAM (its) nS-OTTs UTILITIES sar&&' COACUZAA VAALsr sATSA 111ATMLT SSVM' COACNALLA •ALL&T WATER SiSrJWT 6611 SOOTIAAN CALLIOMAA uS CONPA" sMCTMt: INPsAr" IAsturroN otlTtlCr RMPOONA: GON&ALL TDLSrNONo rsMnslON: COLONT CAAYnsION swons DLSrMCT. ossSAr sANss UNDIM sCNOY MsnYR LAND USE IANTIT" AANo USAF COLT COIIASS/TACANT PMMssO LANA Uss COLD COIAISs/Mst"O'n L SNMOUNOLM "NO USs. COLT COUARM,'MSAMNnAA/TACANT ZONING sS/STINO ZONING: It -A PMIOSZO ZONING A-t SQARAOUND/NO ZONING A-1/11-8 ASSESSOR'S PARCEL NO. °S Tst-OTO-oA• AREA CALCULATIONS AAArosnr/AL t to C. THOMAS BROS. REF. PACs ZSS, A-O Iss• ODITION NOTES LAND 10 NOT MIAiOT TO OTOMLOW. 11MMDAT1011 Olt ROOD N"MO SIARp10 AM MTASA EXISTING RESIDENTIAL t� V117 '- - Hermitage (private) OMCAIOO COT RAN_----- �LANOOCato LOT �- ------'� -Avenue 58 (public) wsn t Y • 1 t • • • DATE: CASE NO.: APPLICANT: ENGINEER: LOCATION: REQUEST: ENVIRONMENTAL DETERMINATION: GENERAL PLAN DESIGNATION: ZONING: �14�'pC�t��ouT 3 - STAFF REPORT PLANNING COMMISSION MEETING APRIL 25,1995 TENTATIVE TRACT 28150 1KSL RECREATION CORPORATION (M(R. S. CHEVIS HOSEA) WATSON & CHRISTIANSEN, ENGINEERS WEST SIDE OF INTERLACHEN AND NORTH OF 58TH AVENUE IN PGA WEST APPROVAL TO RESUBDIVIDE 3.6 ACRES INTO 14 SINGLE FAMILY RESIDENTIAL LOTS AND ONE COMMON LOT THIS TRACT MAP WHICH IS A PART OF PGA WEST HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS UNDER THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65457(a� AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED IN CONJUNCTION WITH THE OVERALL "PGA WEST SPECIFIC PLAN" AND CERTIFIED BY THE CITY COUNCIL ON MAY 1,1984. A SUBSEQUENT EIR WAS PREPARED AND ADOPTED AS PART OF AMENDMENT #1 TO THE PGA WEST SPECIFIC PLAN AND CERTIFIED ON SEPTEMBER 20, 1988. THEREFORE, NO ADDITIONAL ENVIRONMENTAL REVIEW IS DEEMED NECESSARY. LOW DENSITY RESIDENTIAL (2-4 DUTAC) R-2 The subject property is a portion of PGA West near the southern boundary adjacent to 58th Avenue. The property in question consists of 3.6+ acres and was originally created by Tract 25499 (Phase 3 in 1990} At that time, the property was proposed to be developed with air -space condominium units. The previously approved plans called for a total of 14 condominium units on the subject property. The vacant properties to the south are outside of the PGA West project. To the east side of this tract, PCST.209 FINDINGS: Findings necessary to recommend approval of this tentative tract can be made and are attached to the draft Planning Commission resolution. CONCLUSION: This tentative tract map is acceptable provided the attached Conditions of Approval are imposed. Any applicable specific plan conditions of approval will need to be complied with. Move to adopt Planning Commission Resolution 95. , recommending to the City Council approval of Tentative Tract 28150, subject to conditions. PCST.209 Chairman Adolph PUBLIC CO ommercial Park. /andreconvened ` "-'-�- — well as major communityb., p��iC�� 3 added as an accessory u the meeting at 5:25 P. at 7:08 P.Wjo/ Audrey Ostrowsky, La Ordinance in the Co It affects the rest t future. onta resident, spoke n that commercial buy as well as the comme her concern about oning are working out oaf , eir homes perty. Need to restrict this in the PUBLIC HEARINGS: t> A. Tentative Tract 28150: a request of KSL PGA West Corporation for approval ti resubdivide 3.6 acres into 14 shi'gle family residential lots. 1. Commissioners Anderson and Gardner withdrew due to a possible conflict o interest. 2. Associate Planner Greg TrousdelL, presented the information contained in th staff report, a copy of which is on Elie in the Community Developmen Department. 3. Commissioner Newkirk asked if the applicant was requesting to start a uei homeowners' association (HOA} Associate Planner Trousdell stated that wa what he understood as it was up to the resubdivider to stay with the currer HOA or apply to de -annex and create a new HOA. Staff stated there needed 1 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 a the 13th hole required a swimming pool as there was nothing in regards to swimming pools prior to this request, and it was conditioned that if they bul any type of condo across from these lots, pools would be required. In additio, restroom facilities would be built to handle the gardeners. The Tropl homeowners bought their homes with the understanding that swimming poo would, be installed. Staff stated that was correct 5. Mr. Chevis Hosea, Director of Recreation. representing KSL Recreation. state that regarding the concern over the creation of a HOA, this map is not an issi with the applicant, but future maps could be. Their concern is with setting precedent and having an obligation to provide adequate amenities to the sil They will establish a HOA or join the existing, but they do not believe it appropriate for a tentative tract map to mandate that they be in an exist HOA. 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. W. 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. `Y. Chairman Adolph stated the current HONs were not interested in having three HONs. They wanted standardization and compatibility and three or four HOAL, would make it almost impossible to maintain these standards. Chairmai Adolph asked if Hosea had talked to the current HOAs regarding their propose plans. Mr. Hosea stated�they had spoken with them regarding annexation inti the current HOA and the problem was the fiscal responsibility of the curren HOA and pending litigation matters. 8. Commissioner Butler asked what the advantage would be to a third HOA if tha had to be. Mr. Hosea stated there would be little or no advantage. They war only concerned with setting a precedent of requiring participation in th :} current HOA.. A different HOA could provide the same level of services an maybe for less fees. 9. City Attorney Dawn Honeywell clarified that the City has a different obligatio Y y when it comes to a tract map with phases partially built out It is mor appropriate on an undeveloped tract to allow the developer to create a HOE A revision is different as compared to a new map. Chairman Adolph state they did not want to change things that are already existing. 10. Chairman Adolph asked if Mr. Hosea would like to address the swimming poi Issue. W. Hosea stated that they will upgrade the general standards for tt design and construction quality (i.e., custom pools} This product is ni designed for a community pool as the prior units were as these units are sing family units. 11. Commissioner Butler asked for clarification regarding prior tracts that wee built with the understanding that pools were to be built across the street. 12. Commissioner Abels asked why this tract should be burdened wt constructing a swimming poolicommunity pool for the units across the strei Chairman Adolph stated that the Trophy units were not large enough for poc 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 thi complex; Residential #2 was. everything south of that imaginary line. In fact there was a checkerboard among the developments. This property, along wit] a number of other properties along the Nicklaus course, had been annexed anti Residential M. To de -annex would require too many amendments to thi existing tract documents. This property had been annexed into Residential # 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 th change from condos to single family and setting up a new HOA. that he did nc believe the pool issue was valid at this time. Chairman Adolph stated th Planning Commission needed to determine whether the pool should be require or not. He did not believe that Residential #1 would want to maintain the poi and landscaping as to its location being so far removed. 15. Commissioner Butler asked staff why it was not brought up to the Plannin Commission. Staff stated it was in the original report. Commissioner Abe stated their request was to change from condos to single family residence and the pool should not be an issue. 16. Chairman Adolph asked about the restroom facilities for the gardeners. N Hosea stated that due to the logistics problems there is a need to have son type of shared agreement with HOA #2. If this is in place, the restroo facilities are available at the pool area on Interlachen. 17. Commissioner Barrows asked if this issue should be included in the Conditio: of Approval. City Attorney Dawn Honeywell stated they could not as t facilities were not a part of this tract. 18. There being no further public comment, Commissioners AbelslNewkirk mov to adopt Resolution 95.015, recommending to the City Council approval Tentative Tract 28150, subject to conditions. 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 We oration for approval of a sales center with model complex and eight new el units. 1. 2 3. r 4. Principal Pl Sawa presented the information contained in th ff ;m<missionrer'Abels ort, a f which is on file in the Community Development ent. asked for clarification on the n r of garages in the Masters collection. Staff stated there was a thr garage. Commissioner Butler asked if the De ant of Real Estate (DRE) would approve this project Staff replie t a maximum of 30 tennis courts were allowed and they were not f ar with DRE requirements. City Attorney Dawn Honeywell stated arming Commission should not be concerned with the issue. It is the re ibility of the developer to see that he meets the DRE requirements. / d o ner Butler asked if there was a problem with 00rhumber o s. Chairman Adolph stated that the number �es was not a� as most of the tenants are part-time homeown 5. Commissioner Barrows inquired about thVW styles and a requirement fo: an 18-inch save. She asked if the is addressed the concern for thi amount of shading needed. Staff d that in regards to the rear there wa a patio cover that was si cant and generally in the front there ar extended eaves over th nt entries. On the side elevations, the popouts ar required and they d help minimally. 6. Chairm Iph pointed out that this was primarily for the units g was ands Chairman Adolph stated that whatever stand are approve bef a must to apply to these units as well. 7. There being no further questions of staff, Nevis Hosea addressed th Commission and stated that the desi of the units were there to answi any question of the Commission. From The Desk of Bob Sardella 57-646 Interlachen La Quinta, Ca 92253 Telephone 771.5800 Fax 771.200off 1-VW May 1, 1995 This Fax is to: Mr. Jerry Herman Director of Community Development 77-w7v,-, Fax # 777-7155 Re: PGA West Planning Commission Notice Dear Mr. Herman: Friday I sent a fax to you Friday that was incorrectly dated April 25th as thUPWR"ME-Calte of the fax sent to Stan in your office. As a matter of interest I have called twice and sent two faxes to Stan and one fax to you, over a period of one week. I will therefore convert to a writing and express my concerns regarding the April 25th Notice your office faxed to me this past Friday April 28th. For the record my permanent home is in La Quinta and has been for the past several years. The location described in part, in your April 15, 1995 Notice, as "West of Interlachen and north of Avenue 58 (South portion of PGA West)", identifies the 15th tee and fairway of the Jack Nicklaus private course. (See EXHIBIT"B" attached.) If the intent was to describe the Interlachen 3 1/2 acre phase parcel owned by KSL, I believe the average lay person would know the "West side of Interlachen". A homeowner given the parcel description provided in the Notice would be hard pressed to identify the parcel based upon the information circulated. The April 15, 1995 Notice of Public Hearing, "PROJECT SITE" map inserted in this document is impossible to read. (See EXHIBIT "D"). I respectfully request consideration be given in the best interest of proper notice to the concerned homeowners, to a new publication of the April 15th Notice including a legible location map. With respect to mailing procedure to residences, what is the source of the mailing list and how is it compiled and by whom ? As previously stated, I did not receive the April 15th notice by mail. With respect to a sentence contained in the April 15, 1995 Notice that says in part, "PGA West Specific Plan", please tell me what this language means and if anything has been filed and approved by any concerned governmental agency you know of that could or has modified the current PGA West Community Plan. EXHIBIT "A" attached. I also have questions for the Planning Department and the City Council relative to the proposed 14 single family lots that follow: 1. Has an engineered site plan been prepared showing each proposed lot with each residence in place and the relationship to the existing condominiums across the street from the proposed development ? ( A partial site plan of phase 4T is attached as EXHIBIT "C".) 2. Are elevations, floor plans and square footage for each unit available for review ? 3. Has the proposed subdivision changes been filed and approved by the State of California in accordance with the Department of Real Estate in compliance with the Subdivision Map Act ? 4. Has the developer disclosed marketing plans for the residences to be built ? 5. A swimming pool to service the proposed development was required to be constructed by the developer at no cost to the Homeowner Association. Where is it to be located ? 1 0 2) 41 6. A Bathroom facility in the pool area and another bathroom for the workmen and gardeners was to be constructed by the developer at no cost to the Homeowner Association. Where are they to be located ? 7. Who will be the Developer of the land ? 8. Who will be the builder of the residences ? 9. Construction of the rear wa] bordering 58th Avenue is yet to be completed. Approval of the developers subdivision requests should be granted contingent upon completion of the wall within a reasonably specified time period. 10. Completion, of construction of the Interlachen gate should also be required to be accomplished as part of the approval process. Please not EXHIBIT "a" indicates the existence of a gate. The gate is there, but inoperable. 11. Selection and acceptance of one of the existing homeowners associations is essential to the decision making process as well. The property is located in Residential Homeowners Association I but Residential II is the entity that services the surrounding developed area. 12. The vacant phase land owned by the developer is not being maintained and I do not believe it is within the jurisdiction of the homeowners associations. It requires landscaping consistent with the ambiance of the development including lawn in areas held for future development facing developed residential streets. The grass will limit the dirt and dust problem we experience during high winds. It is not unreasonable for the homeowners to require the developer to provide the necessary care and maintenance and to have all agreements in place prior to the approval process being granted for any further development. 13. Sunrise Companies implemented a Soil Stabilization program that apparently is no longer being maintained. Is the City responsible for enforcing this program ? Please advise me of the council meeting dates that are set to hear this matter. If there is any other PGA West property changes proposed pending to be heard by the City Council, I wish to have a copy of the notice (s) faxed to me so I may have the option and opportunity to comment. Thank you in advance for your cooperation. Very truly yours, edo!��" ZPI�— Bob Sardella enc: EXHIBIT "A: PGA WEST Community Plan dated May 2,1993. EXHIBIT "A" PGA WEST General Map showing Interlachen location. EXHIBIT "C" PGA WEST PHASE 4T PLAT SHOWING PART OF INTERLACHEN. EXHIBIT "D" Notice of Public Hearing as of April 15, 1995. cc: Honorable Mayor John Pena and Members of the City Council Note: I just received this morning Monday May 1st, a call from Greg of Planning who advised me the mailing list indicated Sunrise as the owner of my residence. I have made arrangements to meet with him. this morning, and elected to leave my letter as written to you intact. eq0° �J o� r, MI'M M 4 "` , 11 � ai nnrae.rroa.ar� ; r _ S.-a11.1�'Y� ia• .l • \ \, � �; moo,, , Y T � � T►C'STAOIIpA COIF'COIMLSE - 2tz`G / 0 ell V� It n e !! 11r1a G1YY IGrI s �0 0 ras"rear Hoom Guide aMIla M CIw16 /aYraaa ' _ p onNa l ©/ -- — ... rw�.40n4. I U�wNt< Mawr {{ 0 •�1T, ®"u""" La EXHIBIT "A" - ,�i " INTERLACHEN ■ too" Cato not wu aMla� I. F'WILI- �ItT 74, IN THE CITY OF LA QUINTA, COUNT)i F RIVERSIOE, STATE OF CALIFO, A ,AMENDED CONDOMINIUM P L A N S,.. F 0 R-.. PHASE T : r:r' . , .4 EXMBIT ticl? • ,This plat is for your aid in locating your land with relere"CO tc It Is 1.0t a suvicy. While this plot is sttorits and other Parc!13- believed to be calrftct. the Coinildr-Y at$0110% no liability 101 any lose occuting by tea-zoil of t di3r"ze thcroon.'* CHICAGO TITLE INSURANCE COMPANY I AV 49, Q C84 R6600.00* Le 11. 44* b 04/28/1995 10:31 619777'"5 CITY OF LA QU' PAGE 01 CITY OF LA allI NTA BIT „D„ PLANNING COMMISS1014 PUBL.�r- 14FARING NOTICE I$ HEREBY GIVEN the City of La Quinta Planning Commission will hold a PUi HEARING on April 25, 1995 at 7:00 p.m. in the La Quinta City Hall Council Chambers, 78-495 Tampico, on the following item: ITEM: TRACT MAP 28150 APPLICANT: KSL RECREATION CORPORATION LOCATION: WEST OF INTERLACHEN AND I NORTH OF AVENUE 58 (SOUTH PORTION OF PGA PROJSCT REQUEST: TO SUBDIVIDE 3.6 ACRES INTO 14 SITS d SINGLE FAMILY LOTS �• LEGAL: APN: 761-470-024, PORTION SW'/. SECMON 21, T6S, R7E (LOT 3, TRACT 25499-3) case: TTM 28150 I IF This tract trap, which is a part of PGA West, has been determined to be exempt from the Cal Environmental Quality Act requirements under the provisions of California government coda 65457(a). An environmental impact report was prepared in conjunction with the overall "PGA Specific $Tart" and certified by the City Council on May 1, 1984. A subsequent EIR was prepar adopted as part of amendment #1 to the PGA West Specific Plan and certified on September 2C Therefore, no additional environmental review is deemed necessary. Any person may submit written comments on this case to the Community Development Departmel to the hearing and/or may appear and be heard in support of or opposition to the project at the the hearing. If you challenge the decision of this case in court, you may be limited to raising on] issues that you or someone else raised either at the public hearing or in written correspondence di to the Community Development Department at, or prior to, the public hearing. The proposed file be viewed by the public Monday through Friday 8:00 a.m. until 5:00 p.m. at the Community Devel Department, La Quints City Hall, 78.495 Calle Tampico, La Quinta, California. In the City°s efforts to comply with the requirements of Title II of the Americans With Dlsabili of 1990, the Administration/Community Development Department requires that any person in nee type of special equipment, assistance or accommodation(s) in order to communicate at a Cit meeting, must inform the City Clerk/Community Development Department a minimum of 72 boa to the scheduled tweeting. PUBLISH ONCE ON April 15, 1.995 1 �. I lJ • .�� 1 Ste' 82/V0 y�'3cI�t 5 3i.E .4cd� From The Desk of Bob Sar-dells 57.646 Iaterlachon La Quanta, Ca 92253 Telephone 771.5900 Fax 771-2004 April 25,1995 This Fax is to: Mr. Jerry Herman Director of Community Development Fax # 777.7153 Re: PGA West Planning Commission Notice Dear Mr. Herman: APR [ 8 1995 D In the last hour or so I was advised of a Public Hearing that took April 25, 1995 that addressed certain issues as it relates to the property directly across the street from permanent residence. 1 called the planning department and was faxed a copy of the notice that was to have been circulated, by your office. I made a few calla to neighbors and concerned individuals including the President of Homeowners Associatioa Residential II, Jim Saul, who keeps a file as I do regarding these matters. I have yet to find a neighbor who received the notice. I will continue to inquire with neighbors to determine if any of them received the mailing. In the meantime please explain to me the procedure to follow when you have an event such as this one happen. We have a voice in this matter and would went to be heard. I took forward to your early response. Very truly yours, Bob Sardella From The Desk of Bob $ardella 37.646 luterlachen La Qulnta, Ca 92253 Telephone 771.5800 Fax 771-2004 May 8,1995 This Fax is to: Mrs Saundra Juhola Secretary to the City of La Quints Fix aft 777-7101 Re: PGA West Master Plan u Dear Mrs Juhola: t',cr. 7-D �1►'� 8 AR 10 51, QUiNTA CLERK —i. ��--ysracF'• � i'• <.r y 'r a As a follow up to my earlier correspondence to the City Council regarding the captioned subject, I am enclosing a memo I received from "Pete" Fisher Vice President of Sales for Sunrise Companies. I believe you will find it to be self-explanatory. i would appreciate it if you circulated it to the concerned parties at your convenience. The homeowners have received notice of the May ibth hearing and appreciate the opportunity to be heard. Hopefully we will have some participation at this meeting in person or by mail. Thank you for your time and assistance. Very truly yours 44 N4+d�-QP,. Bob Sardella Law Offices of AviracmKIESUIF 6 C,RISTE, PIPPIN & GOLDS 77-564 COUNTRY CLUB DRIVE ROBERT L. PIPPIN SUITE 220 TELEPHONE: (619) 772 MICHAEL A. CRLSTE PALM DESERT, CA 92211 FACSIMILE: (619) 772 IRWIN L. GOLDS MARIE A. BOCHNEWICH May 9, 1995 VIA FACSIMILE AND HAND DELIVERY - FIDELITY TITLE Honorable Chairman and Members of the City Council City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Jerry Herman, Director of Community Development Re: Tentative Tract 28150; KSL Recreation Corporation Dear Honorable Chairman and Members of the City Council: -i T m n C:) m o rn xC= z r-► 4 This firm represents KSL Recreation Corporation ("KSL"), the subdivider of proposed tentative tract 28150 (the "Tract"). The Tract comprises 3.6 acres to be subdivided into 14 single family lots on the west side of Interlachen, north of Hermitage, in PGA West. The Council is scheduled to consider the Tract at its meeting of May 16, 1995. The City of La Quinta Planning Commission reviewed the Tract, at the request of KSL, at its meeting of April 25, 1995 and recommended approval of the Tract by the Council. On May 1, 1995, both City staff and KSL became aware that the original mailing labels for public notice of the Tract, prepared by the title company, excluded certain existing property owners who reside across the street from the Tract. Consequently, these certain property owners did not receive the City notice as to the April 25 Planning Commission meeting. To assure that all property owners are properly noticed, KSL and City staff have effected a new notice as to the Council May 16 meeting to all appropriate property owners, including those owners initially excluded. It is KSL's belief that this additional new notice corrects the previous notice error and places KSL and the City in full compliance with all applicable rules and procedures governing such tract approvals. Nevertheless, KSL believes that it is important to demonstrate to all members of the community, and in particular the residents of PGA West, that KSL is respectful of both City ilg/kel.133 City of La Quinta May 9, 1995 Page 2 procedures and the importance of community members having the opportunity to express their views on public development matters. Therefore, on behalf of KSL, KSL respectfully requests that the Council, at its meeting of May 16, 1995, refer the Tract back to the Planning Commission for reconsideration so that the Planning Commission meeting as to the Tract can be re -noticed to aU appropriate residents of PGA West and the community. This reconsideration will further assure all interested individuals the opportunity to be heard regarding the Tract, as desired by KSL. Of course, KSL will bear the expense of the re -notice procedure. The consideration by the City Council and City staff in this matter is appreciated. Sincerely, L. olds Criste, Pippin & Golds ilg/ cc Dawn Honeywell, Esq. - City of La Quinta cc Nola S. Dyal, Esq. - KSL Recreation Corporation ilq/kel.123 PH #3 STAFF REPORT PLANNING COMMISSION MEETING DATE: JUNE 13,1995 CASE: PLOT PLAN 95.554 APPLICANT: CAAL THEATRES CORPORATION ARCHITECT: THORPE ASSOCIATES REQUEST: APPROVAL OF AN EIGHT-PLEX MOVIE THEATER WITH APPROXIMATELY 30,000 SQUARE FEET OF FLOOR SPACE LOCATION: NORTH SIDE OF HIGHWAY 111, MIDWAY BETWEEN WASHINGTON STREET AND ADAMS STREET WITHIN THE ONE ELEVEN LA QUINTA SHOPPING CENTER GENERAL PLAN LAND USE DESIGNATION: MIRC (MIXED REGIONAL COMMERCIAL) ZONING: C-P-S (SCENIC HIGHWAY COMMERCIAL) ENVIRONMENTAL DETERMINATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED AN INITIAL STUDY (EA 95- 301) ON THE PROPOSED PROJECT AND DETERMINED THAT IT WILL NOT HAVE A SIGNIFICANT ENVIRONMENTAL IMPACT. THEREFORE, A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IS HEREBY RECOMMENDED FOR ADOPTION SURROUNDING ZONING LAND USES: NORTH: W-11WHITEWATER STORM CHANNEL SOUTH: C-P-SIPARKING LOT (PART OF SHOPPING CENTER) EAST: C-P-SIPARKING LOT (PART OF SHOPPING CENTER) WEST: C-P-SIVACANT PAD AREA (PART OF SHOPPING CENTER) BACKGROUND General The subject property is an irregularily shaped parcel which is a part of the One Eleven La Quinta Shopping Center. The site is northeast of the intersection of Highway 111 and Simon Drive. A driveway from Highway 111 to the back of the shopping center runs along the easterly side of the site. Parking lot improvements have been installed on the north, east, and south side of the site with the property to the west designated for additional buildings. The building site is a vacant pad with curbs on the north, south, and east. PCST.219 PROJECT PROPOSAL General The proposed development consists of an eight screen theater complex in one structure. Each theater will be a separate auditorium with each connected by a main corridor. A centralized concession bar and restroom facility is located near the front entrance on the south side of the building. The theater complex was approved as an alternative use in the center when Specific Plan 89-014 was approved in 1990. Parking for the theaters currently exists in the shopping center parking lot through reciprocal parking agreements. Architectural Design The project has been designed to be architecturally compatible with the Albertons portion of the shopping center. The project is Spanish in nature with exterior materials consisting of stucco, clay tile roofing, and Mexican Adequin the column bases. The structure has been designed with a tower feature in the center of the building facing south upon which the name "La Quinta 8" is proposed. A smaller, shorter tower structure is proposed in front of this tower and will be a part of the covered walkway system. A marquee sign is proposed on this tower. Along the entire front of the structure will be a covered walkway similar to that used in the other portions of the shopping center. This walkway does not extend along the east elevation. Along this side plant -on type columns are proposed which appear on the elevations to also be a covered walkway. Exposed metal downspouts are shown utilized on the building along the east west and north elevations. The plans also indicate a metal mechanical roof screen on the building. The height of the main part of the structure is approximately 32-feet. With the proposed mechanical screen the height of a portion of the structure increases to approximately 36-feet. The highest point of the structure is the main tower structure which is at 44'6". The structure is primarily one story with a second floor for movie projection and storage only. Exterior colors of the structure are the same as those utilized in the shopping center. The applicant has indicated that on the front side of the building on the taller parapet in the center, that they are proposing to utilize exposed teal colored neon at the bottom of the cornice for accent. However, the plans do not provide any details on how or where exactly the neon lighting is to be provided. Based on the submitted plans, the neon lighting would extend for approximately 28-feet on either side of the center sign tower. Landscape Design The applicant has submitted a conceptual landscape plan which is a portion of the site plan. Landscaping areas are shown at the front of the building and along the east side of the building. Little detail is shown with regards to proposed landscaping. At the southeast corner of the pad site, adjacent to the vehicle aisles, a proposed public art location is shown. Presently the owners of the shopping center are working with the Art in Public Places Committee to provide an art piece in this location. inae The submitted plans indicate the location of the proposed signage. As previously mentioned, "La Iluinta 8" will be placed on the large tower structure facing south. On the lower tower structure a marquee sign showing the names PCST.219 of the movies playing is proposed. On each side of the ticket booth under the covered walkway facing south, the applicant's plans indicate five poster cases for movies presently playing or coming. As a part of the original submittal package, the applicant also submitted a free standing sign design for Highway 111. The sign which does not architecturally conform to other freestanding signs in the center was submitted without a site plan to show the specific location. Circulation/Parking As previously noted, the parking lot has been installed on the south side of the building site. To the north and east are drive aisles. The drive aisle to the north connects the east and west ends of the project while the drive to the east, provides access between the northern drive aisle and Highway 111 at Simon Drive. A drop off area for the theaters is shown in front of the project on the westbound side of the aisle. The proposed theaters would contain 1,721 seats into eight theaters. By code, this would require 573 parking spaces. Within the parcel owned by the applicant, approximately 144 spaces are provided. Due to cross easements and agreements parking throughout the entire project which will contain upon completion approximately 3,010 parking spaces, adequate parking is provided. Comments and Responses No major comments or responses were received regarding this project. The Sheriff's Department did note that with the additional people and vehicles there is a potential for additional vehicle thefts and break-ins. The Sheriff's Department has suggested that video monitoring of the ticket area and parking lot by the applicant be utilized for safety purposes. The applicant has indicated that the ticket and hallway areas are monitored by video cameras. ANALYSIS The project as designed with minor changes, complies with relevant standards and requirements for the shopping center and City codes. Architecturally, the building is relatively compatible with the shopping center. There are several items which will need further study and review or modification. As noted, the applicant's plans indicate a mechanical roof screen on the roof. As shown, the roof screen is not stuccoed the same as the building walls. Staff feels that if the mechanical screen has a stucco exterior surface with the same cornice treatment provided that is used on the rest of the building, architectural compatibility will be maintained. Staff feels that additional accent treatment on the main tower with the sign is necessary as well as accent treatment on the east elevation. Conditions addressing these items have been recommended. With regards to the landscaping, conceptually with revision, the landscaping plan is acceptable. Additional detail and planting material is necessary. Staff feel that additional landscaping can be provided at the rear of the complex adjacent to theaters three and four. A landscape planter could be provided behind those theaters while retaining the required two-way driveway width. Additionally, shade trees in the front area along with some seating should be provided since there will be people congregating in the area at various times, such as when waiting for a ride. Conditions have been recommended regarding this matter. While some information regarding signage has been submitted, details adequate for approval at this time have not. Therefore, a condition is recommended to require detailed sign plans including any need for sign program amendment be submitted for Planning Commission review. PCST.219 As indicated, the applicant is proposing to utilize some neon lighting. In previous requests for lighting of this type, the Commission did approve its use in the Jefferson Square project with the provision that the tubing itself was not visible. Based on the elevations presently submitted, it appears the tubing would be visible. Therefore, staff recommend that it not be permitted. FINDINGS: Findings for approval of this plot plan can be made and are as follows: 1. The proposed use as recommended, complies with all requirements of the General Plan and applicable State haws and ordinances of the City. 2. The proposed use has been designed for the protection of the public health, safety, and welfare. 3. The proposed project has been designed to be compatible with the existing shopping center. 4. The Conditions of Approval ensure that the project will be acceptable. RECOMMENDATION Based on the findings above, staff recommends: 1. Adoption of Planning Commission Resolution 95 , approving a Mitigated Negative Declaration of environmental impact; 2. Adoption of Minute Motion 95-_, approving Plot Plan 95.554, subject to the attached conditions. Attachments: 1. Location map 2. Initial Study, Negative Declaration, and Mitigated Monitoring Plan 3. Comments from City Departments and other agencies 4. Plans and exhibits PCST.219 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 95-301 PREPARED FOR PLOT PLAN 95-554 ENVIRONMENTAL ASSESSMENT 95-301 CAAL THEATRES CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of June, 1995, hold a duly noticed Public Hearing to consider the proposed Plot Plan 95-554 for an 8 plex movie complex, 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 Plot Plan 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- 301; 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 plot plan will not be detrimental to the health, safety, or general welfare of the community, either indirectly or indirectly. 2. The proposed plot plan will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 3. The proposed plot plan does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals. 4. The proposed plot plan 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 95-301 for the reasons set forth in this resolution and as stated in the attached Environmental Assessment Cheddist and Addendum, labeled Exhibit "A". PASSED APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 13th day of June, 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 CONDITIONS OF APPROVAL - RECOMMENDED PLOT PLAN 95.554 . CAAL THEATRES, INC. JUNE 13, 1995 COMMUNITY DEVELOPMENT DEPARTMENT: 1. Development of this site shall be in substantial conformance with the exhibits contained in the file for Plot Plan 95-554, unless amended by the following conditions. 2. The approved plot plan shall be used within one year of the City approval date of June 13,1995; otherwise it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is allowed by this approval, not including grading which is begun the one year period and thereafter diligently pursued to completion. Time extensions up to a total of two years may be requested pursuant to Municipal Code Section 9.172.060. 3. The building wall scones (lights) shall have the same treatment as the fixtures used in the shopping center. 4. An exterior lighting plan for the parking lot area and buildings shall be approved by the Community Development Department prior to issuance of a building permit. All exterior lighting shall match that used in the shopping center (Albertsons) and be subject to approval by the Community Development Department. 5. The project shall pay the required Art in Public Places fee prior to issuance of a building permit. 6. Within 48th hours of final City Council approval, the applicant shall pay the required State Fish and Game Mitigation fee of $1328 to the City. The City shall forward said fee to the County of Riverside (check made out to the Riverside County Clerk). The developer shall retain a qualified archaeologist immediately upon any discovery of archaeological remains or artifacts during construction of grading of the site. The developer shall apply appropriate mitigation measures during the parts development should archaeological remains or artifacts be uncovered. 8. Prior to issuance of building permit, the applicant/developer shall meet with the Community Development Department recycling coordinator to determine what trash materials can be recycled. Upon that determination, enclosures sufficient for recycling bins shall be provided. Recyclingltrash enclosures shall comply with the requirements of the City and Waste Management of the Desert (i.e., solid metal doors mounted on poles and embedded in concrete with an eight inch curb provided within the enclosure, with a concrete pad in front of the trash enclosure). 9. Prior to issuance of a grading permit, the applicant shall prepare and submit a written report to the community Development Director demonstrating compliance with those Conditions of Approval which must be satisfied prior to issuance of a building permit. Prior to issuance of final occupancy, the applicant shall prepare and submit a second written report demonstrating compliance with the remaining Conditions of Approval and mitigation measures. The Community Development Department Director may require inspection or other additional monitoring to insure such compliance. — CONAPRVL.156 Conditions of Approval Plot Plan 95-554 . Caal Theaters June 13,1995 10. The applicant shall comply with the mitigation measures and Mitigation Monitoring Plan on file in the Community Development Department. 11. Any required modification to the street/parking lot stripping shall be reviewed and approved by the Engineering and Community Development Departments. 12. Prior to issuance of any grading or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following agencies: Fire Marshal Public Works Department Community Development Department Riverside County Environmental Health Department Desert Sands Unified School District Coachella Valley Water District Imperial Irrigation District Community Regional Quality Control Board (NPDES Permit) The applicant is responsible for any requirements of the permits or clearances from the above jurisdictions. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approvals and signature on the plans. The evidence of permits or clearances from the above jurisdictions shall be presented to the Building and Safety Department at the time of request for a building permit. 13. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee Program in effect at the time of issuance of a building permit. 14. The roof mechanical screen shall have a stucco finish to match the building with a stucco cornice treatment along the top edge to match that used in the building. 15. A detailed sign program be submitted for this project prior to installation of any signage for the project. The sign program shall be reviewed and approved by the Planning Commission. 16. Bike racks shall be provided. 17. There shall be no exposed rain downspouts permitted on the building unless they are an integral part of the architectural element of the structure. Said plans for downspouts and/or alternate treatment shall be reviewed and approved by the Community Development Department prior to issuance of a building permit. 18. There shall be no neon lights used on the outside of the building. CONAPRVl.156 2 Conditions of Approval Plot Plan 95.554 - Caai Theaters June 13,1995 19. There shall be outrigger posts to match others used in the shopping center provided on the large tower structure on the south side of the building. Said use shall be approved by the Community Development Director prior to issuance of a building permit. 20. On the east and west sides of the building there shall be tiled accents provided in the same color of the wall scones (lights). The tile treatment shall be reviewed and approved by the Community Development Department prior to issuance of any building permits. LANDSCAPING 21. Prior to preparation of final landscaping and irrigation plans for the project, preliminary landscaping and irrigation plans shall be submitted to the Community Development Department for approval. Landscaping features to be included shall be as follows: A. Shade trees (minimum 36-inch box) shall be provided on the south side of the building with locations approved by the Community Development Department. B. Ten foot to 16-foot high Washingtonia Robusta Palm Trees shall be provided along the east side of the building within the two planter areas to soften the building. C. Outside theaters #3 and #4 a planter sufficient in width for eight to 12-foot Washingtonia Robustas shall be provided. 0. Bencheslseating shall be provided on the south side of the building. Said seating and its location shall be approved by 1rhe Community Development Department prior to building permit issuance. E. Landscaping plans shall provide the public art proposed for the southeast corner of the building pad area. . 22. The provisions of City Water Conservation Ordinance (Ordinance 220) shall be met during plan check. ENGINEERING DEPARTMENT 23. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. IMPROVEMENT PLANS 24. Site improvement plans submitted to the City for plan checking shall be submitted on 24-inch by 36-inch media and shall include grading, hardscape (curbing, paving, and walkways), striping and traffic signage including parking stalls, drainage, and landscaping including walls; fencing, irrigation, and lighting. All plans shall have signature blocks for the City Engineer and are not approved for construction until they are signed. CONAPRVL.156 Conditions of Approval Plot Plan 95-554 - Caal Theaters June 13,1995 GRADING 25. 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. 26. Graded but undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 27. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. DRAINAGE 28. Nuisance water, irrigation runoff, and wash water (including parking lot washdown) shall be retained on site or routed to the sanitary sewer system unless otherwise approved by the City Engineer. 29. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 30. Improvement plans for all on- and off -site streets and parking areas shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard Drawings, and as approved by the City Engineer. Street pavement sections shall be based on a Caltrans design procedure for a 20•year life and shall consider soil strength and anticipated traffic loading, including site and building construction traffic. The minimum pavement sections shall be as follows: Parking areas 3.01114.5" Collector 4.0"15.00" Secondary Arterial 4.0"16.00" Primary Arterial 4.5"16.00" Major Arterial 5.51,16.501, CONAPRVL.156 4 Conditions of Approval Plot Plan 95.554 . Caal Theaters June 13,1995 If the applicant proposes to construct a partial pavement section which will be subjected to traffic, the partial section shall be designed with the 20-year design strength. 31. Street plans shall show existing access drives and other improvements impacting the site, improvements proposed with this development, and improvements currently proposed for future construction on adjacent sites which must be integrated with improvements to this site. 32. The City Engineer may require improvements extending beyond site boundaries such as, but not limited to, pavement elevation transitions, street width transitions, traffic striping and other channelization devices, or other incidental work which will insure that newly constructed improvements are safely integrated with existing improvements and conform with the City's standards and practices. MAINTENANCE 33. The applicant or applicant's successors in ownership of the property shall ensure perpetual maintenance of private street and drainage facilities, landscaping, and other improvements required by these conditions. FEES AND DEPOSITS 34. 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. FIRE MARSHAL 35. Provide or show there exists a water system capable of delivering 3000 gpm for a two hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 36. The required fire flow shall be available from a Spper hydrant(s) (6" X 4" X 2'/2" X 2'/2"), located not less than 25-feet nor more than 165-feet from any portion of the building(s) as measured along approved vehicular travelways. 37. Prior to issuance of building permits, applicantldeveloper shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to fire hydrant types, location and spacing, and the system shall imeet fire flow requirements. Plans shall be signedlapproved by a registered civil engineer and local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 38. Install a complete fire sprinkler system per NFPA 13, Light Hazard. The post indicator valve and Fire Department connection shall be located to the front within 50-feet of a hydrant, and a minimum of 25-feet from the buildings. System plans must be submitted to the Fire -Department for review, along with a plan checklinspection fee. CONAPRVL.156 Conditions of Approval Plot Plan 95.554 - Caal Theaters June 13,1995 39. Install a manual pull, smoke detection and voice evacuation fire alarm system as required by the Uniform Building CodelRiverside County Fire Department and National Fire Protection Association Standard 72. 40. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. 41. Comply with Title 19 of the California Administrative Code. 42. Install portable fire extinguishers per NFPA Pamphlet 10, but not less than 2A10BC in rating. 43. Install Knox Lock Box, Models 4400, 3200, or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position. Special forms are available from this office for the ordering of the Lock Boxes. 44. Conditions subject to change with adoption of the new codes, ordinances, laws, or when building permits are not obtained within twelve months. 45. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. CONAPRVL.155 6 ATTACHMENT 1 CASE No. 3 mew w.te • • r �h AKt �M +�Alff a o .Nov& c- P-1s a , •• 4 TH i C-;P-s CASE MAP PLOT PLAN 95-554 NORTH SCALE: CAAL THEATRES CORP. I NTS ATTACHMENT ENVIRONMENTAL CHECKLIST FORM Environmental Assessment No. 95-301 Case No.: Plot Plan 95-554 Date: MAY 8, 1995 Name of Proponent: CAAL THEATERS CORPORATION Address: 8727 West Third Street, Los Angeles, CA Phone: 310-858-2875 Agency Requiring Checklist: CITY OF LA QUINTA Project Name (if applicable): METROPOLITAN THEATRES ADAMS & 48TH AVENUE CITY OF LA QUINTA Community Development Department 78-495 Calle Tampico La Quinta, California 92253 II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. Land Use and Planning Transportation/Circulation X Public Services Population and Housing Biological Resources Utilities Earth Resources Energy and Mineral Resources X Aesthetics Water Risk of Upset and Human Health Cultural Resources Air Quality Noise Recreation Mandatory Findings of Significance III. DETERMINATION. On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. X I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least, 1) one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards; and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a " potentially significant impact" or "potential significant unless mitigated. " AN ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. A Signatur ' G l Date Printed Name and Title: LESLIE L MOURIQUAND, Associate Planner For: THE CITY OF LA QUINTA Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.1. LAND USE AND PLANNING. Would the project: a) Conflict with general plan designation or zoning? X (source #(s): b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X c) Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? X d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X 3.2. POPULATION AND HOUSING. Would the project: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X 3.3. EARTH AND GEOLOGY. Would the project result in or expose people to potential impacts involving: a) Fault rupture? X b) Seismic ground shaking? X c) Seismic ground failure, including liquefaction? X d) Seiche, tsunami, or volcanic hazard? X e) Landslides or mudflows? X f) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? X g) Subsidence of the land? X h) Expansive soils? X i) Unique geologic or physical features? X Potentially Potentially Significant less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.4. WELTER. 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 flow of groundwater? X h) Impacts to groundwater quality? X 3.5. AIR QUALITY. Would the project: a) Violate any air quality standard to contribute to an existing or projected air quality violations?. X b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectional odors? X Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.6. TRANSPORTATION/CIRCULATION. Would the project result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses? X d) Insufficient parking capacity on site or off site? X e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts? X 3.7. BIOLOGICAL RESOURCES. Would the project result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? X b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? X 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? 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)? b) Possible interference w:lth an emergency response plan or emergency evacuation plan? c) The creation of any healh hazard or potential health hazards? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? 3.10. NOISE. Would the proposal result in: Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X E, X X X X X 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 Unless Less Than Significant No Impact Mitigated Impact lmPact 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 ethrsc cultural values? X e) Restrict existing religious of sacred uses within the potential impact area? X 3.15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks of other recreational facilities? Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X b) Affect existing recreational opportunities? X 4. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the Potential to degrade the quality of the environmental, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). X d) Does the project have znvironmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed by the earlier document. c) Mitigation measures. For effects that are "potentially significant" or "potentially significant unless mitigated, " describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Addendum To INITIAL STUDY ENVIRONMENTAL ASSESSMENT 95-301 Prepared for: Plot Plan 95-554 Metropolitan Theaters Caal Theaters Corporation Prepared by: City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, Ca 92253 May 11, 1995 2 TABLE OF CONTENTS Section 1 2 3 4 INTRODUCTION Page 3 1.1 Overview of the Proposed Project ................................................ 3 1.2 Purpose of Initiial Study................................................................ 3 1.3 Background of Environmental Review .......................................... 4 1.4 Summary of Preliminary Environmental Assessment ...................... 4 PROJECT DESCRIPTION 4 2.1 Project Location/Environmental Setting ........................................ 4 2.2 Physical Characteristics of Proposed Project .................................. 4 2.3 Operational Characteristic of Proposed Project ............................. 5 2.4 Project Objectr✓es......................................................................... 5 2.5 Discretionary Actions.................................................................... 5 2.6 Related Projects............................................................................ 5 ENVIRONMENTAL ANALYSIS 6 3.1 Land Use and Planning.................................................................. 6 3.2 Population and Housing................................................................ 8 3.3 Earth Resources 10 3.4 ............................................................................ Water ............................................................................................ 12 3.5 Air Quality.................................................................................... 15 3.6 Transportation/Circulation.............................................................18 3.7 Biological Resources..................................................................... 20 3.8 Energy and Mineral Resources...................................................... 22 3.9 Risk of Upset/Human Health......................................................... 23 3.10 Noise............................................................................................ 24 3.11 Public Services.............................................................................. 25 3.12 Utilities......................................................................................... 28 3.13 Aesthetics..................................................................................... 30 3.14 Cultural Resources........................................................................ 31 3.15 Recreation.....................................................................................32 MANDATORY FINDINGS OF SIGNIFICANCE 33 5 EARLIER ANALYSES 34 3 SECTION 1: EVTRODUCTION 1.1 OVERVIEW OF THIE PROPOSED PROJECT The purpose of this Initial Study is to identify the potential environmental impacts of the proposed Metropolitan Theaters project. The proposed project site is 130,680 square feet (3 acres) in size, located in the 111-La Quinta Shopping Center, on the north side of State Highway 111, between Washington Street and Jefferson Street. The project site consists of a vacant developed pad site The development proposed for this project consists of an 8-screen theater complex in one structure. Each theater will be a separate auditorium with each connected by a main corridor. A centralized concession bar and restrooms are located near the front entrance. Parking for the theater currently exists in the shopping center parking lot through a reciprocal parking agreement. 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 Quinta, as the Lead Agency, has the authority to oversee the environmental review and to approve the proposed development. 1.2 PURPOSE OF INITIAL STUDY As part of the environmental review for the theaters, the City of La Quinta Community Development Department has prepared this Initial Study. The study provides a basis for determining the nature and scope of the subsequent environmental review for the proposed theaters. 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 withinformation to use as the basis for deciding whether to prepare an environmental impact report (EIR) or negative declaration for the theaters; To enable the applicant or the City 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 adverse impacted by the proposed project; To facilitate environmental review early in the design of the project; al To provide documentation for the findings in a negative declaration that the project will not have a significant effect on the environment; To eliminate unnecessary EIR's; and To determine whether a previously prepared EIR could be used with the project. 1.3 BACKGROUND OF ENVIRONMENTAL REVIEW On March 31, 1995, an application for approval of an eight -screen walk-in theater was submitted to the City of La Quinta, by Caal Theaters Corporation. The proposed theaters will be located on Pad site G-3 and a small portion of Pad F-3 of the shopping center (Exhibit 1). Following this submittal, the City Environmental Officer prepared an Initial Study, of which this addendum document is a part. Prior to the submittal of this application, the City reviewed a concept plan for a similar theater project on approximately the same pad site. The plan was approved and a negative declaration of environmental impact was certified by the Planning Commission. 1.4 SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT The Initial Study for the proposed theaters indicates that there little potential for adverse environmental impacts on the checklist issue areas. 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 certification by the Planning Commission. An EIR is not necessary for this project. SECTION 2: PROJECT DESCRIPTION 2.1 PROJECT LOCATION/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 east, 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. 2.2 PHYSICAL CHARACTERISTIC S OF PROPOSED PROJECT The proposed theater project will be located on the northern/middle section of the shopping center, which is in the northern part of the City. The proposed project will consist of one 29,942 square foot theater development with eight auditoriums inside. The building height will be 32 feet, with an arched tower structure that reaches 44 feet. The entire exterior finish will be stucco featuring three colors. The roof will have concrete barrel tile to match that found in the existing shopping center. 2.3 OPERATIONAL CHARACTERISTICS OF PROPOSED PROJECT The hours of operation for the theaters will be daily from approximately noon to midnight. A ticket sales booth will be located at the front entrance on the south side of the building, facing the parking lot. Above fa entrance will be the marquee sign. Access to the theaters will be from the existing entrances to the shopping center located on Adams Street, Washington Street, and State Highway 111. No additional access will be necessary for the project. Service entries to the building will be located on the west and east sides of the building. 2.4 OBJECTIVES OF PROPOSED PROJECT The objectives the applicant intends to accomplish with the operation of the theater is create a profit -making business that will provide a new entertainment service to La Quinta and the surrounding area. Through the discretionary and environmental review process, the City strives to reach the following objectives: * To promote development that will provide the City with maximum economic benefits (revenue and employment); and, * To ensure that future development is responsible for contributing its' "fair share" in terms of infrastructure improvements and services required to mitigate potential adverse impacts. 2.5 DISCRETIONARY ACTIONS A discretionary action is an action taken by a government agency (for this project the government agency is the City Council of the City of La Quinta) that calls for exercise of judgment in deciding whether w approve a project. The proposed theaters will require the following discretionary approvals from the La -Quinta Planning Commission: Approval of Plot Plan 95-554 - for architectural and planning approval Certification of EA 95-301 2.6 RELATED PROJECTS There are no related projects associated with this project, except the existing shopping center project. rol SECTION 3: ENVIRONMENTAL ASSESSMENT This section analyzes the potential environmental impacts associated with the construction and subsequent operation of the proposed Metropolitan theaters. The fifteen CEQA issue areas on the checklist were considered. Under each issue, the environmental setting is discussed, including description of conditions as they presently exist with the City and the area affected by the proposed theater project. The initial study checklist questions are responded to with one of four possible responses: * No Impact. The proposed theater project will not have any measurable adverse environmental impacts. * Less Than 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 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 an 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, throughout time, 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 with both plant and animal life and has topographical relief ranging from -237 feet below sea level to about 2,000 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 annually, and summer temperatures reach into the low 100's (F); however, the valley has not always been hot and dry. Approximately 500,000 years ago the entire area was under water as the Gulf of California over -extended this contemporary desert area. The projects' regional location is shown in Exhibit 1. Local Environmental Setting The proposed theater project site is located in the City of La Quinta, which is eastern Riverside County, California. The City is bounded by the City of Indian Wells to the west, City of Indio and Riverside County to the east, Riverside County to the north, and federal and County lands to the south. More particularly, the project site is located in the northern portion of the City on a commercial shopping center pad with 29,942 gross square feet of building area. The pad site is part of a previously approved development project. To the south, across Highway 11, is an existing auto dealership (Simon Motors). There is vacant land to the east of the shopping center, across Washington Street, and on the south side of Highway 111. The closest residential development is located approximately 1,000 feet to the southwest, and 2,500 feet to the north of the project site. A. Would the project conflict with the general plan designation or zoning? No Impact. The site is zoned C-P-S (Scenic Highway Commercial) in the La Quinta Zoning Ordinance and designated as Mixed/Regional Commercial (M/RC) in the La Quinta General Plan. The entire area adjacent on the north side of Highway 111, between Washington Street and Jefferson Street, is designated as Mixed/Regional Commercial, with the C-P-S zoning. B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? No Impact. The City of La Quinta has jurisdiction over the proposed project. The primary environmental plans and policies related to development on site are identified in La Quinta's General Plan and the Master Environmental Assessment for the City. The project site is located within the La Quinta Redevelopment Area #2 which includes the majority of the northern section of the City. The redevelopment plan for the area relies upon the General Plan to indicate the location and extent of the permitted development. As a result, the proposed theater is not inconsistent with the adopted Redevelopment Plan. The development envisioned for this project will not exceed development standards contained in the City of La Quinta General Plan and Zoning Ordinance. C. Would the project affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? No Impact. No agricultural lands are located on or near the site. The La Quinta General Plan does not contain an agricultural land use designation although there are remnant agricultural producing activities within or adjacent to the proposed project site. Thus, no impact on agricultural resources or operations will result from the proposed theater project. The project site was improved and graded in 1991, by T.D.C. during the course of development of the commercial center. (Sources: La Quinta General Plan, Zoning Ordinance; Site Survey). D. Would the project disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? No Impact. The project site does not contain any residential uses and the immediate areas are partially developed with commercial uses. The nearest residential uses are located approximately 1,500 feet to the southwest and are separated by Washington Street, a major arterial roadway. The proposed restaurant will not disrupt or divide this community. Other residential areas are located to the north and south of the project site. This Proposal will not affect the physical arrangement of these neighborhoods (Sources: Site Survey; Proposed Site Plan). 3.2 POPUL.ATION AND HOUSING Regional Environmental Setting Between 1980 and 1990, the population of La Quinta expanded 125% as reported by the U.S. Census, making the City the second fastest growing city in the Coachella Valley. The number of city residents blossomed from 4,992 to 11,215. La Quinta's share of the entire valley population increased from 3.7% in 1980 to 5.1% in 1990. These figures are based upon information provided by the U.S. Census Bureau, the State Department of Finance, and the Coachella Valley Association of Governments (CVAG). The City's population as of January 1994 is estimated by the State Department of Finance to be 16,634 persons. This is an increase of 208% in the last ten years. In addition to permanent residents, the City has approximately 8,000 seasonal residents who spend three to six month in the City. It is estimated that 30% of all housing units in La Quinta 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 data, for the area that is now the City of La Quinta, revealed that 80.8% of the City's residents are Caucasian, 14.7% as Hispanic, 2.3% as Afro-American, 1.1% as Asian, and . 5 % as Native American. The results of the 1990 Census show a nix of 70% Caucasian, 26% Hispanic, 1.6% Afro-American, 1.5% Asian, and 1.0% Native American. Z The most current information available on employment of La Quinta residents is from the 1990 Census. At that time, almost 57% of the City's work force was employed 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, 14.0% were in clerical positions, and 13.0% were in sales. For blue collar workers, 15.6% were in crafts, 4.1% were machine operators, assemblers, and inspectors, 14.2% were in service jobs, 3.8% were laborers, and 5.6% did farm work. Major employers in the City include the La Quinta Hotel & Tennis Resort, PGA West, Von's, Simon Motors, City of La Quinta, Wal-Mart, Albertson's, and Ralph's. For planning purposes, the Southern California Association of Governments(SCAG) has projected employment housing, and population for cities that make up the SCAG region. A key objective of SCAG's Growth Management Plan is to achieve jobs/housing balance within each subregion that makes up the larger SCAG planning area. The ideal jobs/housing balance ratio, according to SCAG is 1.27 jobs for every housing unit in 1984 and 1.22 in the year 2010. Jobs -rich (housing -poor) regions have ratios greater than the regional average while housing -rich (jobs -poor) regions have ratios greater than the regional average while housing -rich (jobs -poor) regions have ratios less than the regional average. Local Environmental Setting The project site is currently a vacant commercial pad, with no housing units. The pad is located approximately in the mid -portion of the commercial center. The center is partially developed. A. Would the project cumulatively exceed official regional or local population projections? No Impact. The proposed theater is expected to employ as many as 35 employees at full operation. This will include both part-time and full-time employees. The additional jobs will be beneficial in terms of improving the overall jobs/housing balance and the current levels of unemployment in the City. (Source: SGAG Growth Management Plan; Applicant) B. Would the project induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Less Than Significant Impact. As indicated previously, estimates indicate that a maximum of 35 persons would be employed at the theater. The proposal is not anticipated to result in a substantial increase in the demand for new housing in the area. C. Would the project displace existing housing, especially affordable housing? 10 No Impact. No 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 project 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 relatively flat topography except for the hillside area on the southern portion of the City. The City has elevations of 1,400 feet above mean sea level (msl) in the southern hillside area to a low of approximately 30 feet above msl in the northeastern section. Slopes on the valley areas of the City are gently, ranging from 0% to 10%, while hillside areas on the south and southwest have slopes of 10% or greater. The alluvial soils that make up most of the City are underlain by igneous -metamorphic rock, as seen in the 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 generally urbanized. A review of historical aerial photographs indicates that the site has not been developed until recently, when the commercial center development began. According to the U.S.G.S. La Quinta 7 1/2 minute quadrangle, the site's elevation is 60 feet msl. Local relief is minimal, although the site seems to slope gently to the northeast. There is an inferred fault located approximately 2000 feet north 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 transacting the southern section of the City. A. Would the project result in or expose people to potential impacts involving seismicity; fault rupture? Less Than Significant Impact. There are three inferred faults located within the City of La Quinta. These local faults are considered potentially active, although no 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 present on site. (Source: Riverside County Comprehensive General Plan; City of La Quinta General Plan; City of La Quinta Master Environmental Assessment) B. Would the project result in or expose people to potential impacts involving seismicity: ground shaking? 11 Less Than Significant Impact. The proposed theater site will be subject to groundshaking hazards from regional and local earthquake events. The proposed project will bring people to the site who will be subject to hazards associated with groundshaking. The Riverside County Comprehensive General Plan indicates that the project site is within Groundshaking Zone IV. The proposed structure will be constructed pursuant to current seismic standards to reduce the risk of structural collapse (i.e. Uniform Building Code, etc.). C. Would the project result in or expose people to potential impacts involving seismicity: ground failure or liquefaction? No Impact. The theater 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 as 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 in these areas. D. Would the project result in or expose people to potential impacts involving seimicity: 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 (four miles from the project site), might experience some increased wave activity as a result of an earthquake and groundshaking. however, the lake is not anticipated to affect the City in the event of a levee failure or seiche. There is no anticipated hazard from the Coachella Valley Stormwater Channel (Whitewater River Channel). E. Would the project result in or expose people to potential impacts involving landslides or mudslides? No Impact. The terrain within the project is level and no hazards associated with landslides will impact the theater. (Source: U.S.G.S. La Quinta 7 1/2 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? No Impact. The soils and geotechnical investigations of the site showed that the site is underlain by alluvial deposits of Pleistocene age. The soils on the project site consist of Coachella Fine Sandy Loam (CsA), Coachella Fine Sand (CpA), and Myoma Fine Sand (Mal)). The CsA soil is moderately alkaline and slightly calcareous, with a few scattered freshwater shells in association. CpA soil is found on alluvial fans and in flood plains. Freshwater shells are sometimes found in the soil profile for CpA. MaD soil is found on dunes and alluvial fans. Concha shells and oyster shell fragments are commonly found in 12 this soil profile. For all three soils, runoff is medium to slow, and erosion hazard is slight. These soils have a moderate to high blowsand hazard. Water capacity ranges between 3.5 to 15 inches. All of these soil types are suitable for the development of the proposed theater project. G. Would the project result in or expose people to potential impacts involving subsidence of the land? No Impact. The site is not located in an area which is considered to have subsidence hazards, according to the La Quinta Master Environmental Assessment. Thus, no subsidence hazards to the theaters are anticipated. Soil surveys undertaken on adjacent parcels indicated 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) A. Would the project result in or expose people to potential impacts involving expansive soils? No Impact. The underlying soils on the site do not have a high potential for expansion. Thus, construction of the theaters is not expected to be subject to expansive soils conditions. The City requires compliance with the Uniform Building Code and the recommendations of a soils investigation report prior to approval of the building permit. (Sources: USDA Report and General Soils Map for the Coachella Valley) I. Would the project result in or expose people to potential impacts involving unique geologic or physical features? No Impact. The Coral Reef Mountains and the Santa Rosa Mountains represent unique geologic features in the La Quinta area. These unique features are not located on or near the project site and will not be affected by the proposed project. (Sources: U.S. G.S. La Quinta Quadrangle; Proposed site plan) 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 operated and administered by the Coachella Valley Water District (CVWD).La Quinta is located primarily in the lower Thermal Subarea of the groundwater basin. The Thermal Subarea is separated into the upper and lower valley sub -basins near Point Happy, located southwest of the intersection of State Highway I I I and Washington Street, opposite the proposed project site. Water 13 supplies are augmented with surface water from the Colorado River transported via the Coachella Canal. The water quality 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 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. One of the primary sources of surface water pollution is erosion and sedimentation from development construction and operation activities. Without controls total dissolved solids (TDS) can increase significantly from the development activities. The Clean Water Act requires all communities to conform to standards regulating the quality of water discharged into streams, including stormwater runoff. The National Pollutant Discharge Elimination System (NPDES) has been implemented as a two-part permitting process, for which the City of La Quinta is participating in completing permitting requirements. Local Environmental Setting The project does not have any standing surface water on or near it. The nearest stand of surface water is Lake Cahuilla Located several miles to the southeast of the project site. The Coachella Valley Stormwater channel is located approximately 200 feet north of the project site, but is dry except during seasonal storms. The City has limited areas which are subject to storm water flow or flooding. Flood prone areas within the City are designated with a specific zoning district (Watercourse, Watershed, and Conservation Areas, W-1). The intent of the zoning district is to allow 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? 17 CO 1.71bs/day Nox .971bs/day ROG .01lbs/day Sox Ilbs/day PM 10 .03 lbs/day * Worst Case calculations. Results are negligible in impacts. New project will affect regional air quality both directly and indirectly. In order to determine the extent of a proposed project's environmental impact and the significance of such impact, the estimated amount of emissions should be compared to thresholds set by SCAQMD. The following significance thresholds have been established by the District: 75 pounds per day of ROG 100 pounds per day of Nox 550 pounds per day of CO 150 pounds per day of PM10 150 pounds per day of SOx The projected emissions from the proposed theater project are neglible in comparison to the significance thresholds. Thus, there is minimal impact to the environment from air pollution emissions. B. Would the project expose sensitive receptors to pollutants? No Impact. Sensitive Receptor Land Uses include schools, day care centers, parks and re 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 no sensitive receptor land uses adjacent or within a half -mile radius of the project site. Thus, there is no impact regarding this issue. (Source: La Quinta General Plan; Site survey) C. Would the project alters air movement, moisture, or temperature, or cause any change in climate? No Impact. The proposed project will feature one structure. The total height of the building will be 32 feet high. The pad site will be covered by the building and the pedestrian walkway in front of the building. The proposed structure is not large enough to 18 create changes in air movements, moisture or temperature on a local or regional scale. (Source:: Proposed Site Plan) D. Would the project create objectionable odors? No Impact. The proposed project will not be involved in activities which may create objectionable odors, as s waste hauling or the production of chemical products. Vehicles traveling on Highway 111 generate gaseous and particular emissions that have odors and that may be noticeable on the project site. (Sources: Site Survey; Proposed Site Plan) 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 units north of the Coachella Valley Stormwater Channel; golf course and gated single-family communities in the vicinity of the La Quinta Resort; a mix of medium density single-family detached units 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, at Jefferson Street. The La Quinta roadway system 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 Ill. 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 area with the community of Palm Desert to the west of the City. Two lines operate along State Highway 111 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 the intersection of State Highway 111 and Washington Street, and west of Adams Street, in the One -Eleven Shopping Center. Parcels along Highway 111 consist of developed and undeveloped land. An auto IR G. Would the project result in altered direction or rate of flow of groundwater. No Impact. The theater will have no groundwater wells on site and excavation during construction will not be deep or widespread enough to intercept local aquifers. The water consumption anticipated from the proposed project is not expected to require substantial pumping of groundwater resources. Thus, no alteration in the direction or rate of groundwater resources is expected. (Sources: Proposed Site Plan) H. Would the project result in impacts to groundwater quality? No Impact. The project site will be paved and ground absorption on site will be reduced. The storm runoff on site will be discharged into a city storm drain that will direct water to the Coachella Valley Stormwater Channel. A substantial portion of the proposed project site will be paved. Crankcase oil, hydrocarbons, and other particulate and liquid contaminates may be deposited on the parking lot pavement from the parked vehicles. Following a heavy rain, these materials could be transported into the nearby storm 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 (SCAB). 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. The air quality in the Southem California region has historically been poor due to the topography, climatological influences, and urbanization. State and Federal clean air standards established by California Air Resources Board and the U.S. Environmental Protection Agency are often exceeded. The South Coast AQMD is a regional agency charged with the regulation of pollutant emissions and the maintenance of local air quality standards. The SCAQMD samples air quality at over 32 monitoring stations in and around the Basin. According to the 1989 South Coast Air Quality Management Plan, the Southeast Desert Air Basin portion of the SCAQMD experiences poor air quality, but to a lesser extent than the South Coast Basin. Currently, the SEDAB does not meet federal standards for ozone, carbon monoxide, or particulate matter. In the Coachella Valley, the standards for PM10 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 agricultural activities, and by vehicles driving on unpaved roads, among other causes. Local Environmental Setting 14 Less Than Significant Impact. The proposed theater site plan indicates that almost all of the project area will be paved, except for landscape areas. This pavement will prevent ground absorption and result in additional storm runoff volumes from the site. The site does not serve as a recharge basin for groundwater resources. Storm water will be directed north to the Coachella Valley Stormwater Channel located behind the project 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 Coachella Valley Stormwater Channel. An all-weather bridge on Washington Street, north of Highway 111, spans the flood channel. (Source: La Quinta piaster Environmental Assessment) C. Would the project result in discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Less Than Significant Impact. Runoff on site will be directed into the Coachella Valley Stormwater Channel. There are no bodies of surface water on or adjacent to the project site. D. Would the project result in changes in the amount of surface water in any water body? No Impact. Although an increase in runoff volume will occur, this increase is not expected to be a significant amount of surface water. The size of the project represents a very small portion of the drainage tributary area for the City. E. Would the project results in changes in currents, or the course or direction of water movement? 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 the project site and will handle runoff water from the project and surrounding areas. The Coachella Valley Water District maintains this regional facility. F. Would the project result in changes in the quantity of ground waters, either through direct additions or withdrawl, or through interception of an aquifer by cuts or be excavations? No Impact. Water supply in the City is derived from groundwater's and supplementary water brought in from the Colorado River. The anticipated water consumption will not substantially change the amount of groundwater pumped from local wells. 16 The City of La Quinta is located in the Coachella Valley, which has an and climate, characterized by hot summers, mild winters, infrequent and low annual rainfall, and low humidity. Variations in rainfall, temperatures, and localized winds occur throughout the valley due to the presence of the surrounding mountains. Air quality conditions are closely tied to the prevailing winds of the region. The City of La Quinta is subject to the SCAQMD Air 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 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 and has been in operation since 1985. A. Would the project violate an air quality standard or contribute to an existing or projected air quality violation? Less Than Significant Impact. There are no significant pollutants anticipated to result from the operation of the theater. There will be some pollutants as a result of vehicular traffic from patrons of the theater. The building will contain 29,000 square feet of space. Table 6-2 of the South Coast Air Quality Management District CEQA Air Quality Handbook indicates that potentially significant air quality threshold for theaters is set at 8 screens. The proposed project has 8 screens. Air quality calculations were prepared for this project which resulted in the following; Construction Emissions (90 days): CO 101.4 lbs./day Nox 466.11bs./day ROG 31.8lbs./day PM10 33.11bs./day Mobile Emissions: CO 425.7lbs./day Nox 11.3llbs./day ROG 54.5lbs./day PM 10 5.2 lbs./day Stationary Emissions*: 19 dealership is located to the southeast. Immediately to the south, there are vacant parcels; farther south there is residential development. To the west of the project site, is Washington Street; farther southwest is the Point Happy Ranch and residential development. Adjacent to the north is the stormwater channel. In previous studies of potential traffic and circulation impacts, various segments of Washington Street were forecasted to carry extremely high volumes of traffic on the future. It was estimated that over 55,000 vehicles per day would travel on Washington ?Street south of I-10 Freeway. It was determined that if these projected increases were to occur, Washington Street would require a minimum of six lanes of travel and intensive Transportation System Management (TSM) applications to provide an acceptable level of service. The Washington Street/Highway 111 intersection is projected to be most severally and immediately impact by increases in traffic. A. Would the project result in increased vehicle trips or traffic congestion? Less Than Significant Impact. The proposed project is forecasted to generate a daily average two-way traffic volume of 3,105 trips. The A.M. Generated Peak Hour Total trips is 93, and the P.M. Generated Peak Hour Total is 248 trips. The Coachella Valley Association of Governments (CVAG) prepared a Regional Arterial Program (RAP) in response to the Riverside County Congestion Management Plan (CMP) which serves as the mitigation program for the Washington Street and Highway I I I intersection. The RAP studied the worst case build -out scenario for the area around the intersection. Other traffic studies have been prepared for proposed projects within the shopping center. For these projects, mitigation for traffic impacts was contained in the RAP. The proposed theater land use is an intense land use, thus there could be potentially significant impacts. These impacts will be satisfactorily mitigated by the RAP requirements. A comment letter from Cal Trans, District 8, was received by staff on May 15, 1995. It was stated in this letter that the proposed project will not significantly effect Highway 111, however, there is a cumulative impact of continued development in the area. (Source: Cal Trans letter dated May 11, 1995) 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 theaters will not include any new roadways or any modification to existing roadways. The project will be located within a developed shopping center. C. Would the project result in inadequate emergency access or access to nearby uses? M No Impact. The proposed project will not obstruct emergency access to surrounding land uses or within the shopping center. (Sources: Site Plan) D. Would the project result in insufficient parking capacity on -site or off -site? No Impact. Parking needs for this project were determined by staff with 141 spaces designated within the shopping center parking lot, on a shared -parking agreement. E. Would the project result in hazards or barriers for pedestrian or bicyclists? No Impact. The entire length of Washington Street, within the City of La Quinta, is a designated bicycle corridor. The north bank of the Coachella Valley Stormwater Channel (Whitewater River) is also a designated bikeway corridor. The south side of the intersection of Washington Street and Highway 111 has a designated pedestrian crosswalk controlled by traffic signalization. Currently, the number of pedestrians and bicyclists in the immediate are appears to be moderate. The greatest potential for pedestrianibicycle accidents will involve traffic on Washington Street. (Source: Site Survey) F. Would the project result in hazards or barriers for pedestrians or bicyclists? No Impact. Bike Racks accommodating at least 10 bicycles shall be required for this project. There is no anticipated significant hazard to pedestrians or bicyclists from this project. G. Would the project result in rail, waterborne, or air traffic impacts? No Impact. There are no railroad tracks, navigable rivers or waterways in the City of La Quinta. In addition, there are no air travel lanes within the City. Thus, there will be no adverse impact to these items. (Source: La Quinta Quad Map; Site survey) 3.7 BIOLOGICAL RESOURCES Regional Environmental Setting The City of La Quinta lies within the Colorado Desert. Two ecosystems are found with 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 MEA (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. The Sonoran Desert Scrub ecosystem is the most typical environment in the Coachella Valley. It is generally categorized as containing plants which have the ability to economize water use, 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 21 considerable depths. The major variations of desert vegetation result from differences in the availability of water. The most dense and lush vegetation in the desert is found where groundwater is most plentiful. A listing of commonly found plant types is found in the La Quinta MEA. The Sonoran Scrub areas are considered habitat for a number of small mammals. These animals escape the summer heat through their nocturnal and/or burrowing tendencies. Squirrels, mice, and rats are all common rodent species in the Sonoran Desert. The black - tailed hare is a typical mammal. Predator species include the kit fox, coyote, and mountain Ron 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 this ecosystem. The project site is a vacant pad site. It has been disturbed by grading activities that were part of the commercial center development. There is sparse vegetation extant on the pad. The La Quinta MEA indicates that the property is located within the biological habitats of the Coachella Valley Fringe Toes Lizard and the Coachella Giant Sand Treader Cricket. These species are listed as either endangered or threatened. The Coachella Valley Fringe Toes Lizard has been listed as endangered by the California Fish and Game Commission and as threatened by the US Fish and Wildlife Service since 1980. The species is highly adapted to loose, windblown sand and is able to rapidly run over the sand. The mapped description of the lizard's habitat includes the sand dunes north of Avenue 50. To mitigate the loss of the lizard's habitat due to development, there is a development fee which is used to acquire and maintain habitat areas in a Habitat Conservation Preserve near Thousand Palms. The City of La Quinta participates in this fee program as mitigation for habitat loss. The shopping center developer has paid this mitigation fee. There is no existing mitigation fee or program for the Sand Treader Cricket. This species is considered endangered to extremely endangered and is therefore a Species of Special Concern of the California Department of Fish and Game. It is a Category 2 Candidate for Federal listing, meaning that existing information indicates the species may warrant listing, but substantial biological information to support the ruling is lacking. The cricket is commonly found on the wind. -swept sand dune ridges, although habitat includes areas where springs have kept the sand damp. These crickets have been observed in the northeast portion of the City. No special studies have been done in this area, and as noted previously, the site has been disturbed. A. Would the project result in impacts to endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? 22 No Impact. The project pad site is within the designated habitat of the Coachella Valley Fringe Toed Lizard. However, the mitigation fee has been paid. 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 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 surrounding .parcels are developed with structures or roadways. The project site has been disturbed in the recent past, due to construction of the commercial center, 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 wetland habitat (e.g. marsh, riparian, and vernal pool)? No Impact. There are no wetlands, marshes, riparian communities, or vernal pools on the property or nearby. Thus, there is no impact to these issue areas. (Source: La Quinta MEA; Site Survey) E. Would the project result in impacts to wildlife dispersal or mitigation corridors? No Impact. The immediate area to the east and west of the proposed project site is developed with commercial buildings and a parking lot to the immediate south. There are no known wildlife corridors within this project area. (Source: La Quinta MEA) 3.8 ENERGY AND MINERAL RESOURCES Regional Environmental Setting The City of La Quinta contains both areas of insignificant and significant Mineral Aggregate Resource Areas (SMARA), as designated by the State Department of Conservation. There are no known oil resources in the City. Major energy resources used in the City come from the energy sources of the Imperial Irrigation District, the Southern California Gas Company, and gasoline companies. Local Environmental Setting 23 There are no oil wells or other fuel or energy producing resources on the proposed project site. While the pad site is undeveloped, it is not a source of soil or gravel resources due to its limited size. The property is located within MRZ-1, a designation for those areas where adequate information indicates that no significant mineral deposits are present or where it is judges that little likelihood exists for their presence. A. Would the project conflict with adopted energy conservation plans." No Impact. The City of La Quinta does not have an adopted energy plan. However, the City does have a Transportation Demand Management (TDM) ordinance in place that focuses on the conservation of fuel. The proposed theater will be required to meet Title 24 energy requirements in its design and construction. No other mitigation is feasible for this issue. B. Would the project use non-renewable resources in a wasteful and inefficient manner? No Impact. Natural resources that may be used by this project include air, minerals, water, sand and gravel, timber, energy, and other resources needed for construction. The size of the proposed theater indicated that resources needed for construction are not going to be significant. Operation of the project will increase the demand for energy by the theater is not expected to consume energy or resources in a wasteful manner. Electrical generation is calculated to be 841 Kwh per day for operation of the theater. 3.9 RISK OF UPSET/HUMAN HEALTH Regional Environmental Setting Recent growth pressure has dramatically increased the City's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in food, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not 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. 24 The project site has not been used for manufacturing uses in the past. However, the site is located near a major arterial and a state highway, both impacted by frequent high traffic volumes. A. Would the project involve a risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? No Impact. There are no anticipated significant hazards with the proposed project. Detergents and cleaners will be used in the maintenance of the snack bar kitchen and the restrooms. The applicant will be required to comply with all applicable OSHA and EPA regulations, as well as those of the Riverside County Health Department. 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 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: Proposed Site Plan) C. Would the project involve the creation of any health hazard or potential health hazard? No Impact. The proposed project shall comply with health and safety regulation for work place conditions, including training personnel in safety procedures. Potential hazards will be reduced or eliminated if these regulations are followed. D. Would the project involve exposure of people to existing sources of potential health hazards? No Impact. There are no existing health hazards on the project site. The site is vacant and has been graded ready for development. (Source: Site Survey) 3.10 NOISE Regional Environmental Setting Noise levels in the City of La Quinta are created by a variety of sources within and adjacent to the City. The major source is vehicular noise on City streets and Highway 111. Temporary construction noise accounts for short-term 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 the highway. 25 Residential areas are considered noise -sensitive land uses, especially during the nighttime hours. The nearest residential use to the project site is approximately 1750 feet southwest, across Washington Street. This is the location of the Point Happy Ranch, on which there are several houses. Other residential areas near the project site are located approximately 3,500 feet south of the project (Lake La Quinta), and approximately 2,400 feet north (inco Homes) across the Coachella Valley Stormwater Channel. These residential areas are distant enough from the project that there is no anticipated impact due to noise. A. Would the project result in increases in existing noise levels? Less Than Significant Impact. The increase in vehicular noise at the surrounding street system is not expected to create any discernible increase in the existing noise levels. Mechanical equipment will be enclosed so that any operational noise detectable outside of the theater building should be reduced to insignificant levels. It is anticipated that the theaters will be designed in order to sound -proof each auditorium Staff has determined that the proposed project is most compatible with Retail Commercial, Theaters, and Restaurant land uses, as provided for in Table 6.3 - The Land Use Community Noise Equivalent Levels (CNEL) table in the La Quinta MEA. This table indicates that retail commercial, theaters, and restaurant land uses can normally have a noise level of up to 75 CNEL value. Up to 65 CNEL is clearly acceptable and up to 75 CNEL is normally acceptable. In order for the theater to have a less than significant noise impact, the operational noise levels will not be able to exceed 75 CNEL. Construction materials and structural design must take noise containment and reduction into account for this project. B. Would the project result in exposure of people to severe noise levels? No Impact. The La Quinta General Plan regulated excessive noise and vibration in the City by establishing allowable noise levels for various land uses. Commercial areas should have a maximum exterior noise levels of up to 75 CNEL from 7 a.m. to 10 p.m. If the ambient noise levels is higher than these standards, then it will serve as the standard. The proposed theater project may result in short-term noise impacts associated with construction activities. During construction, heavy machinery will be capable of generating periodic peak noise levels ranging from 70 to 95 dBA at a distance of 50 feet from the source. Because of the temporary nature of the construction noise, these will be no lasting significant impacts from noise. (Source: La Quinta General Plan) 3.11 PUBLIC SERVICES Regional Environmental Setting Law enforcement services are provided to the City through a contract with the Riverside County Sheriff's Department. The Sheriffs Department extends service to the City from existing facilities located in the City of Indio, a few miles to the east. The Sheriffs R 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 undeserved. Fire protection service is provided in the City by Riverside County Fire Department. The Fire Department administers two stations in the City; Station #32 on Avenue 52, west of Washington Street, and Station #70 at the intersection of Madison Street and Avenue 54. The Fire Department is also responsible for building and business inspections, plan review, and construction inspections. Based upon a planning Standard for 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 fire from other man-made causes are the most significant fire threats to the City. Hillside and brush fires are minimal as the hillside areas are barren with only scattered brush. The valley floor and alluvial fan areas are too sparse in vegetation to pose a serious threat of fire hazard. Desert Sands unified School District (DSUSD) and the Coachella Valley Unified School District (CVUSD) 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 are of the City. 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 requirements to serve the City. Utilizing this standard, in 1992, the City was underserved in space to forecast future facility requirements to service the City. Utilizing this standard, in 1992, the City was underserved in space but overserved in terms of volumes. Health care services are provided in the City through JFK Memorial Hospital in Indio, and the Eisenhower Immediate Care Facility located in the Plaza La Quinta Shopping Center. The Eisenhower Immediate Care Facility is a satellite clinic of the Eisenhower Medical Center, located in Rancho Mirage. The Riverside County Health Department administers a variety of Health programs for area residents and is located in Indio. Paramedic service is provided to the City by Springs Ambulance Service. Local Environmental Service The nearest fire station to the theater project is Station 932 located approximately 3 miles south. Governmental services in La Quinta are provided by city staff at the Civic Center and by other county, state, and federal agency offices on the desert area. 27 The project is serviced by Harry S. Truman Elementary School, La Quinta Middle School, and La Quinta High School. 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 theater project will increase fire protection requirements due to the construction of a building on the vacant pad. The project must comply with fire flow and fire safety building standards of the Riverside County Fire Code to prevent fir hazards on -site and to minimise the need for fire protection service. Fire flows of 3,000 gpm for a 2 hour duration at 20 psi residual operating pressure must be available prior to construction of the project. The required fire flow shall be available from a Super hydrant to be located not less than 25 feet nor more than 165 feet from any portion of the building. Unobstructed fire access will be required to facilitate Fire Department response. A fire sprinkler system, smoke detection and voice evacuation fire alarm system is required per the UBC and the County Fire Department and National Fire Protection Association Standard 72. Other design and equipment requirements shall be complied with as mitigation measures for fire protection impacts. B. Would the project have an effect upon , or result in a need for new or altered government services in relation to police protection? Potentially Significant Unless Mitigated. The Sheriffs Department was given the opportunity to review and comment on the proposed project. It is not anticipated that there will be any significant adverse impact upon police protection services from the proposed theater project. The Sheriff's Department commented that theater parking is a prime target for vehicle thefts and theft of vehicles. It was recommended that the theater install pole mounted or building mounted to -lux cameras capable of recording the parking area and the ticket sales area of the theater. These cameras should be monitored from the manager's office. The Sheriffs Department stated that the project will have a significant impact on police services for the City especially on weekends and holidays. Traffic congestion, patrol requests and calls for service will impact the Department. This will generate a need for additional police service in La Quinta. (Source: Sheriffs Department letter dated May 9, 1995) C. Would the project have an effect upon, or result in a need for new or altered government services in relation to school services? Less Than Significant Impact. The 29,450 square foot theater building is expected to have approximately 35 employees. Indirect student generation due to increased demand for housing in the area is estimated to generate .004007 students, at 0.0001145013 students per square foot. School impact fees will reduce potential impacts to the Desert Sands Unified School District. (Source: Desert Sands Unified School District) 28 D. Would the project have an effect upon, or result in a need for new or altered government services in relation to the maintenance of public facilities, including roads? Less Than Significant Impact. The project site is currently served by existing infrastructure, including public roadways such as Washington Street, Adams Street, and State Highway 111. The proposed theater project will not require new or altered roadways or their maintenance, or other public facilities. (Source: Site Plan) E. Would the project have an effect upon, or result ion a need for new or altered government services in relation to other governmental services? Less Than Significant Impact. Building, engineering, and planning services needed for the project will be offset by permit fees charged to the project applicant and building contractor. The theater will generate revenue for the City which will be used to pay the costs of governmental and City services incurred. (Source: Project application information) 3.12 iTTILITI]ES Regional Environmental Setting The City of La Quinta is served by the Imperial Irrigation District (DD) for power supply and the Southern California Gas Company (SCG) for natural gas service. Existing power and gas lines and substation are found throughout the City. III) has four substations in La Quinta, with electricity generated by steam plant in El Centro and hydro electric power generated by the All American Canal. General Telephone Exchange (GTE) provides telephone service in the City. Colony Cablevision serves the City of La Quinta with cable television and stereo services. The Coachella Valley Water District (CVWD) provides water service to the City. CVWD obtains its water from underground aquifers and from the Colorado River. CVWD operated a water system with potable water pumped from 13 wells located throughout the City. The wells range in depth from 500 to 900 feet. Potable water is stored in five reservoirs located in the City. There is an existing well directly behind the project pad site. Sanitary sewage is also collected and treated by CVWD. The City's stormwater drainage system is administered by CVWD, which maintains and operates a comprehensive system to collect and transport flows through the City. Waste Management of the Desert provides collection of solid waste. Nonhazardous, mixed municipal solid waste is transported to three landfills with the Coachella Valley. These landfills are reaching capacity and will need to be replaced in the near future. The proposed theater project will cumulatively impact the existing landfill situation. 29 Local Environmental Setting There are natural gas lines located along the south side of State Highway 111. A sanitary sewer force main is located along the west side of Washington Street. A water trunk line runs along Washington Street, west of the project site. Stormwater runoff is directed north to the channel located behind the project site. (Source: La Quinta General Plan) A. Would the project result in a need for new systems, or substantial alterations to power and gas services? Less Than Significant Impact. Power and gas lines were brought to the project site when the commercial center was first developed. The proposed development will require electric power services. Consumption factors are calculated as follows: Electricity 841 Kwh/day Sewer 5,988 gal./day Solid Waste 210 lbs./day Natural Gas 1,970 cubic ft/day Water 7,186 gal./day The project applicant will be required to coordinate utility installations with the respective utility companies. B. Would the project result in a need for new systems, or substantial alterations to communication systems? Less Than Significant Impact. The theater project will require telephone services from GTE. Coordination with GTE will prevent any impact on provision of such service. C. Would the project result in a need for new systems, or substantial alterations to local or regional water treatment or distribution facilities? Less Than Significant Impact. The proposed project will require water services. It is not anticipated that there will be a significant adverse impact upon the water resources or water system in the City. Water lines exist within the commercial center and will be readily accessible to the applicant by the Coachella Valley Water District. D. Would the project result in a need for new systems, or substantial alterations to sewer services or septic tanks? Less Than Significant Impact. The proposed theater building will generate sewage which will have to be processed by CVWD sewage treatment facilities. Sewer lines were brought in to the project area when the shopping center was developed, and will be readily available to this project upon coordination with the water district. CVWD has responded with comments on this project in a letter dated May 17, 1995. 30 E. Would the project result in a need for new systems, or substantial alterations to storm water drainage? Less Than Significant Impact. The project site is currently vacant with paved parking. The development of the theater building will lead to the paving of the pad site. Thus, stormwater runoff will be directed into the existing storm water channel adjacent to the north of the pad site. Due to the relatively small size of the project site in comparison to the drainage tributary area of the storm drain system in the area, the runoff volume from the suite is not expected to represent a significant amount of the runoff handled by existing drains. (Source: Proposed Site Plan; Site Survey) F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? Less Than Significant Impact. The proposed project will require solid waste disposal services from Waste Management of the Desert. Solid waste from the site may be transported to the existing landfills in the Coachella Valley. The amount of solid waste has been calculated at a rate of 210 lbs. per day. The project must comply with the City's Source Reduction and Recycling policies. On site programs will need to be coordinated with Waste Management, and the commercial center management. 3.13 AESTHETICS Regional Environmental Setting The project site is located in a commercial shopping center with a desert valley cove community. There are picturesque hillsides to the west and south of the City. Views of the desert and surrounding mountains are visible on clear days throughout most of the City. Local Environmental Setting The project site is located along a commercial corridor north of State Highway 111. Existing comical structures in the corridor cannot exceed 50 feet in height. Most commercial buildings nearby have neutral, soft -toned desert colors on the exterior, with wall -mounted identification signs below roof -limes or monument signs close to the ground. Views from the site include the San Bernardino Mountains to the far north, the Santa Rosa and Coral Reef Mountains to the south, and the cove residential development also to the southwest. A. Would the project affect a scenic vista or scenic highway? Less Than Significant Impact. State Highway 111 and Washington Street are designated as Primary Image Corridors on the La Quinta General Plan. The La Quinta MEA indicates that the project site is within Distinctive Viewshed N. 3 with high sensitivity for impact. Distinctive viewsheds are identified through their close proximity (within 2 miles) to elevational high points and exhibit a high visual sensitivity. View Point 93 is located north of the Coachella Valley Stormwater Channel, the 90 degree viewshed 31 of attractive views and 270 degree viewshed of common views create a combined low level of visual sensitivity. The immediate surroundings of the project site include both developed parcels and vacant parcels. Thus, the vista has already been impacted by previous development. State Highway 1 I 1 is a designated scenic highway. The zoning designation for the commercial corridor along the highway is Scenic Commercial (CPS). This designation requires an enhanced architectural standard for development, and an enhanced landscaping standard. B. Would the project have a demonstrable negative aesthetic effect? Less Than Significant Impact. While building plans have not been finalized, the proposed theater will be designated as a one -component structure with architectural design compatible to the existing buildings in the shopping center. The Spanish - Mediterranean style is prominent in the desert areas and is considered aesthetically pleasing. (Source: Proposed Site Plan) C. Would the project create light or glare? Potentially Significant Unless Mitigated. The proposed project will open at approximately noon and remain open until approximately midnight. Exterior lighting will include security and pedestrian lighting as well as a marquee. All lighting will be required to comply with the Dark Sky Ordinance that requires shielding and down -casting of low- level wattage. It can be anticipated that the marquee will be turned on at dusk and stay on until closing. Details about the marquee fixture are not known at this time. The project will be conditioned to submit for review and approval the detailed plans for the marquee and other signage prior to installation. 3.14 CULTURAL RESOURCES Local Environmental ,Setting What is currently known about the prehistory and history of La Quinta has been documented in various publications. There are 13 historical structures and sites recorded on the California Historic Resources Inventory. These resources are listed in the La Quinta General Plan. La Quinta experienced rapid growth in the late 1970's, which led to incorporation of the City of La Quinta in 1982. The City has grown from a population of approximately 5,400 in 1982, to over 16,000 in 1994. The incorporated boundaries of the City presently include over 31 square miles of area. The City has a Historical Society and recently formed an Historical Preservation Commission, the purview of which includes cultural and historical resources. M A. Would the project disturb paleontological resources? No Impact. No significant paleontological resources have been found in the near vicinity of the project site. The project site is not located within an area that is considered to have a high probability for such resources. (Source: Site Survey; La Quinta MEA) B. Would the project disturb archaeological resources? No Impact. There are numerous recorded archaeological sites with a one and two mile radius of the project boundaries. It is possible that there are subsurface cultural deposits on the property. The property has been previously surveyed for surface indications of cultural activity and deposits. A report of this survey is filed with the Eastern Information Center, at the University of California, at Riverside (Report #2201). Archaeological deposits were discovered during the grading of the center parking lot. a significant Nlimbres-style ceramic vessel was discovered subsurface during the trenching of a utility line. Archaeological monitoring was provided during the development of the shopping center. The monitoring of all trenching, including off -site improvements will be required due to the project's proximity to previously recorded archaeological sites. The monitoring shall be done by a 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. The project site is vacant and does not contain any historical structures. (Source: La Quinta General Flan) 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 value, thus the development of the theaters will not make any impact upon such values. E. Would the project restrict existing religious or sacred uses within the potential impact area? No Impact. There are no known religious uses or scared uses on the proposed site. There are no recognized churches within 500 feet of the proposed project. (Source: Site Survey) 3.15 RECREATION Regional Environmental Setting 33 The City of La Quinta has an adopted Parks and Recreation Master Plan that assess the existing resources and facilities and the future need of the City. The City contains approximately 28.7 acres of developed parkland for the Quimby Act purposes. Lake Cahuilla County Park is not included in this count. There are also bike paths and designated pedestrian pathways within the City. Local Environmental Setting The project site is vacant and does not provide recreational services or contain a recreational facility. The nearest park, Palm Royale Park, is just less than a mile northeast of the project site. A. Would the project increase the demand for neighborhood or regional parks or other recreational facilities? No Impact. The construction and operation of the theaters will result in a maximum of 20 employees on site. These employees are not expected to utilize parks in the area to a level that result in any detectable adverse impact. B. Would the project affect existing recreational opportunities? No Impact. The proposed project will not replace a recreational opportunity in the City. The operation of the theaters will provide a commercial recreation opportunity in the form of entertainment_ SECTION 4: MANDATORY FINDINGS OF SIGNIFICANCE This Initial Study for the proposed theater building indicates that the project could have some potentially significant adverse impacts on the environmental issues addressed in the Checklist. Some of these issue areas could have a potentially significant impact if appropriate mitigation measures are not implemented. These issue areas include: Public Services and Aesthetics. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines and based on the results of this environmental assessment. The proposed theater will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. * The proposed theater will not have the potential to achieve short term goals to the disadvantage of long-term environmental goals, with the successful implementation of mitigation. 34 * The proposed tlieater will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity. The proposed theater will not have environmental effects that will adversely affect human health, either directly or indirectly, with the implementation of mitigation. SECTION 5: EARLIER ANALYSIS A. Earlier Analyses Used. On January 19, 1990, the staff of the Planning Department for the City of La Quinta prepared and Initial Study (EA 89-150) for the then proposed One Eleven La Quinta Center (Specific Plan 89-014 and Plot Plan 90-434). This document took into consideration all of the environmental issues on the Environmental Checklist Form, in compliance with CEQA. This Environmental Assessment is available for review in the Community Development Department of the City of La Quinta. B. Impacts Adequately Addressed. All of the effects identified in the theater EA were within the scope of EA 89-150. These issue were adequately analyzed by the earlier document. EA 89-150 was certified by the City Council in 1990. C. Mitigation Measures. 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S-. e - c0 CD + a ,C ,.0 � CL CD-N N U 0 U Cl- QJ •r � N Q •r- CM M M H q z P.w O U W E-+ U U z0 °o 4- 0 a ° z a � U Q N ed « S .� p� O cd o 'd w � � a a � Oar, 0-0 ~ cl En WZ�E-+ ri H A A av U U o d � a C'Qrr cd cd a ° a O z �o o� l 'tu o w UAA O po po ' o a� ca o F ►-� N PO PCr --� O w 0 X a�i d a b Cd X4 � YC •U H aD cd U � PC ° o �• o � � 'b U c� A c"PC U wCd U v a s .+ RS a A z U UU W U z H c� z �o �H zz 00 a� 0 w 4rn U N O � z F ¢ .� �' U or � tzo E'+ r �� .�� ¢ 0 4- W Z O ri on RIVERSIDE COUNTY LARRY D. SMITH, SHERIFF City of La Quinta Planning Department 78-495 Calle Tampico La Quinta, Cal. 92253 Attention Stan Sawa Dear Mr. Sawa ShlorylACHMENI 82-695 DR. CARREON BLVD. • INDIO, CA 92201 (619) 863-8990 May; I---995_.. _'1'1 MAY ,.-: .�• ... __._ .fit P; Re: Plot Plan 95-554 Caal Theaters Corp. The Sheriff's Department would like to comment on several items in reference to the theater plans. The complex will have significant impact on police services for the City of La Quinta especially on weekends and holidays. Traffic congestion, patrol requests and calls for service will impact the Department. This will generate a need for additional police services in La Quinta. Items of concern are: Lighting must be adequate to ensure customer safety as allowed within La Quinta standards. Theater parking is a prime target for vehicle thefts and theft of vehicles. It is recommended that the theater install pole mounted or building mounted to -lux cameras capable of recording the parking area and the ticket sales area of the theater. These cameras should be monitored from the managers office. Theater drop-off area should be sufficient as not to block traffic (minimum 100 feet). Parking should be sufficient and angled for a better field of vision during backing in to traffic. The theater should have large numerical addresses with consistent east/west addressing. Addresses must be at least eight inches tall and contrasting to the background. We appreciate the opportunity to comment on the project from a law enforcement point of view. Sincerely, Larry mith, Sheriff Ronald F. Dye, Captain Indio Station Commander STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, GoN DEPARTMENT OF TRANSPORTATION DISTRICT 8, P.O. BOX 231 SAN BERNARDINO, CALIFORNIA 92402 TDD (909) 383-5959 May 11, 1995 08-Riv-111- Community Development Department City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 PLOT PLAN 95-554/METRCPOLITAN THEATER Oil' MAY 15 1995 Thank you for the opportunity to review the proposed Metropolitan Theater, an addition to the La Quinta Shopping Center, which is located on the northeast quadrant of the intersection of Washington Street and State Route 111. Although the traffic generated by this proposal will not significantly effect the highway, consideration must be given to the cumulative impact of continued development in this area. Any measures necessary to mitigate the impact on the highway shall be provided prior to or with development of the area. A minimum 134 foot right-of-way half width is usually required at the onset for the ultimate six lane highway facility; and improvements to highway as dictated by the development or traffic demands. This proposal did not indicate work on the highway; however, be advised that if any work is required within the State highway right of way, the developer must obtain an Encroachment Permit from the Caltrans District 8 Permit Office prior to beginning work. Also, please be advised that this is a conceptual review only. If an Encroachment Permit -is required then the final approval of street improvements, grading and drainage will be determined during the Encroachment Permit process. If additional information is desired, please call Mr. David Reyes of Office of Development Review at (909) 383-7984. Very truly yours, l.r , DIBORO KANAB felopment Chief Office of De Review z ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (619) 398.2651 DIRECTORS OFFICERS TELLIS CODEKAS, PRESIDENT THOMAS E. LEVY, GENERAL MANAGER -CHIEF ENGINEER RAYMOND R. RUMMONDS, VICE PRESIDENT BERNARDINE SUTTON, SECRETARY JOHN W. WADDEN OWEN MCCOOK ASSISTANT GENERAL MANAGER DOROTHY M. NICHOLS May 17, 1995 REDWINE AND SHERRILL, ATTORNEYS THEODORE J. FISH Planning Commission City of La Quinta Post Office Box 1504 La Quinta, California 92254 Gentlemen: ,- Q 9 1995 ED PLAn'wtia III '`P,i tit r;INT _4,,,.,.._1_.... _. - .. ,..ems- - Subject: Plot Plan 95-554, Portion of the Northeast Quarter of Section 30, Township 5 South, Range 7 East, San Bernardino Meridian This area is protected from stormwater flows by the Coachella Valley Stormwater Channel and may be considered safe from stormwater flows except in rare instances. This area is designated Zone X on Federal Flood Insurance rate maps which are in effect at this time. 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. Plans for grading, landscaping and irrigation systems shall be submitted to the district for review. This review is for ensuring efficient water management. If you have any questions please call Dan Farris, principal stormwater engineer, extension 264. Yours very truly, m Levy General Manager -Chief Engineer JEC:lg/e6/95-554 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 CHAMBER oF COMMERCE GEM OF 04THE DESERT llav 12. 1995 TO: Stan Sawa, Principal Planner City of La Quinta FROM��3 Planninq and Review Subcomittee La Quinta Chamber of Commerce RE: PLOT PLAN 95-554 Caal Theatres Corp. (Metr000litan Theatres) The Plannzng and Revzew Subcommittee met May 11. 1995 to dzscuss the proposed Metropolitan Theatres complex. The consensus of the subcommittee was to approve the project, with no contingencies. POST OFFICE BOX 2SS*S1`]S1AVEN|OABERMUDAS°LAQU|NTA,CALIFORNIA 922S]*(6l9)S64-]l99FAX (6l9)564- �jIMP R1 IRRI 11 IRI I COACHELLA VALLEY POWER DIVISION 81-600 AVENUE 58 • P.O-BOX 1080 *LA QUINTA, CALIFORNIA 92253-1080 TELEPHONE (619) 398.5811 • FAX (619) 398-5848 IIDPD-DDC May 5, 1995 j? ' P°IAY 1 .0 i995 .� Mr. Stan Sawa ' `' ' ' `t"* "' •— City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Re: Plot Plan 95-554 - Caal Theatres Corp. (Metropolitan Theatres) III) File No. 652 Dear Mr. Sawa: Review of the Caal Theatre Corporation's plans has concluded it will impact electric service to the area. The cumulative impact of projects of this size increase the electrical demand on Imperial Irrigation District's (IID's) system. These demands impact existing facilities at peak loading periods, and result in the need for additional generation, transmission, substation, and distribution facilities. This added demand may also directly affect power rates in the IID's service area, possibly resulting in higher electric rates in future years. A Developer's Information Letter is enclosed which specifies IID's electrical requirements. Please pass this information along to the applicant. Thanks for the opportunity to provide input. If you should have any comments or concerns, please contact me at (619) 398-5818 or John Salas at 398-5834. Sincerely, 4X -, a t�, THOMAS F. LYONS, JR., P.E. Senior Engineer Enclosure rg VP q1 I IRR GRiION DISiRICi COACHELLA VALLEY POWER DIVISION 81-600 AVENUE 58 • P.O.BOX 1080 •LA QUINTA, CALIFORNIA 92253-1080 TELEPHONE (619) 398-5811 . FAX (619) 398-5848 DEVELOPER'S INFORMATION LETTER (Effective September 15, 1994) As an Owner, Developer or Contractor involved in today's new residential and/or commercial developments, you are well aware of how timing can make the difference between the success or failure of any project. The importance of establishing and adhering to realistic construction schedules is equally as important to the success of that project, as is project funding. With current and projected demands for residential and commercial units within the service area of the Imperial Irrigation District (District), Developers establish a comprehensive development plan for the successful marketing of their project. The District, likewise, in order to provide electrical service in a timely manner to various projects, must also set schedules to keep pace with the demands for services. In that regard, the following information is provided as a guide to assist the Owner, Developer or Contractor in the planning and scheduling of his/her project(s). All of the general and specific requirements set forth in the "Project Service Schedule" must be followed in the sequence listed, therein. When underground facilities are to be included, the District will provide a complete set of underground duct, vault, transformer pad and riser pole system installation drawings and associated specifications for each project or project phase. It is the responsibility of the Owner(s), Developer(s) or Contractor to provide and install the underground conduit and vault system complete, at :he Owner's, Developer's or Contractor's expense, to and including any street lighting systems required by and approved by the City or County agency having jurisdiction in the project area. Lighting systems must be approved in advance of installation by both the County and the District within a County Service Area (CSA), and shall be designed by and included with the District's underground power system drawings. The District will provide an Underground Power Inspector during the actual installation of conduit and vault systems. Any request for inspections on a project must be scheduled with the District 48 hours prior to actual need. Failure on the part of the Owner(s), Developer(s) or Contractor, to schedule and/or obtain an inspection and approval for any portion of the lighting or underground power systems, may result in the total rejection of the newly installed systems. Developer's Letter -3- September 15, 1994 These guidelines, as provided by the District, herein, are not a guarantee expressed or implied that electrical service will be provided to a particular project or phase of said project, nor that electrical system designs or service will be provided within the time frame so stated or implied, herein. To eliminate any misunderstandings concerning the District's assumption of liability for personal injury or property damage prior to or following the completion of the underground duct and vault system by the Owner(s), Developer(s) or Contractor, please note the following: The Owner and/or Developer will be required to acknowledge, in writing, that the District assumes no responsibility for safety, maintenance, repair or corrections for any on -site or off -site electrical distribution system equipment or facilities until the system and facilities are occupied and energized by the District. The Owner(s), or Developer(s) will be required to sign and have notarized ar Indemnification Statement prior to obtaining electrical power service for the development project. The person or persons executing the said statement are legally authorized by the Owner(s) and/or Developer(s) to enter into the Agreement and that same is binding on all parties having ownership of, or contractual interest in the land and/or development project. Please refer to EXHIBIT "A", sheet 8 of 8 of this informational letter for the standard recording form format required by the State of California for recordation in both Imperial and Riverside counties. The District's Indemnification Statement has been incorporated on this form for your convenience as well as notes relating to the required legal description of the site or project. Note that the property and/or the development's legal description may require more space than is provided on the form due to text size requirements per government code. Please refer to the legal description of the property or project site as EXHIBIT "A" and any associated maps or drawings as EXHIBIT "B." The following is a sample of a legal description that will fit into this format. THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 19, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN; MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DELINEATED IN EXHIBIT "B," ATTACHED HERETO AND MADE A PART HEREOF. :..................................................................................................................................................: Developer's Letter -5- September 15, 1994 8. Graphic scales on all Auto -Cad drawings. 9. One hard copy of total connected electrical loads for each building style or floor plan. 10. All parcel map property corners or tract map boundary corners shall be tied to section or 1/4 section corners. 11. The following easement requirements shall be recorded on the title sheets of tract and/or applicable parcel maps within City limits. OWNER'S STATEMENT WE, HEREBY, OFFER FOP: DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT, AN EASEMENT OVER ALL PRIVATE STREETS SHOWN ON THIS MAP AND AN ADDITIONAL TEN (10) FEET IN WIDTH ON BOTH SIDES OF AND ADJACENT TO ALL PRIVATE STREETS AND/OR PUBLIC STREETS SHOWN ON THIS MAP FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, REPAIR, REPLACEMENT; AND REMOVAL OF ELECTRICAL LINES, WIRES, CABLES, DUCTS, SUPPORTS, FIXTURES, FACILITIES AND APPURTENANCES, WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE, OPERATION, AND EMERGENCY VEHICLES. CERTIFICATE OF ACCEPTANCE GOV. CODE SEC. 27281 I, HEREBY, CERTIFY THAT UNDER THE AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS OF THE IMPERIAL. IRRIGATION DISTRICT, PER RESOLUTION NO. 15-90, DATED MARCH 22, 1990, THAT I ACCEPT ON BEHALF OF SAID DISTRICT, ITS SUCCESSORS OR ASSIGNS, THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACILITIES AS OFFERED, HEREIN. DATED: _ BY: _ SUPERINTENDENT, GENERAL COACHELLA VALLEY POWER DIVISION (( For Riverside County areas)) SUPERINTENDENT, GENERAL IID POWER CONSUMERS SERVICES (( For Imperial County areas)) Developer's Letter -7- September 15, 1994 NOTE: Any changes made .by the Applicant to the project that will require the District to make modifications or changes to the original design of the electrical facilities for the project will cause the project schedule to revert back to Item 2. PLEASE FORWARD ALL MAPS, AUTOCAD MEDIA AND CORRESPONDENCE TO: COACHELLA VALLEY AREA IMPERIAL IRRIGATION DISTRICT Date Issued_ 81-600 Avenue 58 P.O. Box 1080 La Quinta, California 92253-1080 Issued By: Telephone: (619) 398-5854 Section or Un Fax Number: (619) 391-5999 Received By: Owner, Developer and/or Agent IMPERIAL VALLEY AREA IMPERIAL IRRIGATION DISTRICT Date Issued:. 333 East Barioni P.O. Box 937 Imperial, California 92251-0937 Issued By: Telephone: (619) 339-9182 Section or Unit: Fax Number: (619) 339-9140 Received By: Owner, Developer and/or Agent RWC 05-30-95 I4.21 1 rm `� • WE S ® LA QUNTA TRH�ATR� (� 1-M 4 LXV5GAM t' Estes PaKK CO OM7 �j #MdektM Lowl IWO CA&4&2B MRROPCWAN TI$AMFS WE MAT 5, 1995 Wbtto: cW 5344M LA QUWA. CAL1FORNA �� PC. Fox- M701 SBS-4145 NOW C. I P F �egg �s ► � 7 � ipp Q sir TIM PO Box 129 {� FwoR g PI -AN °j� Es,Pam� , CO „ LA QUINTA THEATRE D Thorp Local (9M) 5f'i-9528 METROPOLITAN THEATRES o O DnTE MAT 26, 1995 PCSOC�ieS meirFax 701 58 -4W5 LA QUNTA, CALlFORN1A Fax 1970i SB6-4W5 lX! CSB 05-30-95 2Z6 la D ` 7� - ® �°% K LA QUNTA THEATRE �vaTtr7h Estos Pats � ern i w Thom Locat (970 586.9529 METROMMAN r�MEs O oa7E M rmro CM534-n78 LA QIIDVTA CAt�QRPYA MAY ?6 1995 P.L Fax tsnt 586 aa5 BI #1 STAFF REPORT PLANNING COMMISSION DATE: JUNE 13,1995 CASE: SIGN APPLICATION 95.311 REQUEST: DEVIATION FROM SIGN PROGRAM FOR THE LA QUINTA VILLAGE SHOPPING CENTER TO ALLOW A BUSINESS SIGN FOR PIZZA HUT APPLICANT: SIGNS AND SERVICES COMPANY (FOR PIZZA HUT) LOCATION: 50-855 WASHINGTON STREET, SUITE I, WITHIN THE LA QUINTA VILLAGE SHOPPING CENTER BACKGROUND: A sign program for the La Quinta Village Shopping Center has been approved and utilized for businesses within the shopping center. Pizza Hut restaurant is locating within the shopping center in Shop Building "B" which is the larger building along the northerly property line. Pizza Hut is going to occupy the easterly most corner of the building with frontage on the east and south side of the building. The approved sign program allows internally illuminated can -type signage, 18-inches high by 10-feet long, supported by steel poles and mounted within the archway in front of the store fronts. On the south side of the building, the applicant intends to utilize a sign which complies with the sign program. On the east side of the building which faces Washington Street, the applicant has requested a deviation to provide wall -mounted signage. SIGN PROPOSAL: On the east side of the building, there are three arches supported by four columns. The center arch is a part of a larger tower -type structure. Due to the tower structure, the archway has a smaller radius and therefore has a higher archway (see sign plans). The applicant wishes to mount individually illuminated letters above the center arch on the stucco area between the archway and roof. The proposed signage would consist of black and white plexi-glass "Pizza Hut" sign with a red plexi-glass trademark roof structure mounted above " Pizza Hut". The returns are proposed to be painted a "Burbon" color. The overall size of the sign would be approximately 4-feet tall by 7-feet 11-inches long (32 square feet). Based on the plans submitted by the applicant, this sign would be installed approximately 17-feet above finish grade as opposed to the 7-foot 6- inches above grade allowed by the sign program for the hanging can signs. As noted earlier, the sign for the south facing side of the building will be the standard approved cabinet sign. The applicant has not submitted any information on this sign as it is not subject to special review. PCST.217 ANALYSIS: This is the first request for signage which is not in conformance with the sign program. To date, all signs have been hanging can -type signs except for Ralphs which is a wall -mounted sign and was included as part of the program. In the case of Pizza Hut, it is possible to install a sign which conforms to the sign program on the east elevation of the building. The hanging sign could be installed in any of the three arches which face that side. For the two outside arches, the signs would be identical to those in the other parts of the shopping center. In the center tower arch, the major difference would be that in order to mount the sign at the standard height, the length of the tubing would be longer than in the lower arches. The square footage of the signs as proposed by the applicant is 32+ square feet as opposed to the 15 square feet allowed by the sign program. Therefore, the amount of sign area, as proposed, will be approximately twice as much as permitted if the sign met the program. The sign in the location proposed by the applicant will be more readily visible to traffic traveling on Washington Street due to its larger size and greater height above finish grade. The sign program for this center does not have any allowances for use of corporate signage for national tenants. However, if a can sign, based on the sign program, was installed on the east side, there would probably only be room for "Pizza Hut". Staff believes that it is preferable to have all shop tenants follow the sign program as approved. In this case, on the east side of the building a sign which complies with the sign program (cabinet sign which is 18-inches tall by 10-feet long) could be installed in any of the three arches. On the end arches the sign would be identical to other signs in the center. In the center arch, the poles supporting the sign would be considerably longer due to the height of the archway. ALTERNATIVES Staff believes there are several alternatives for signage on this side of the building. The first alternative is to allow the signage as proposed. Other alternatives are as follows: 1. Provide a cabinet -type sign which complies with the sign program in one of the three arches; 2. Provide a hanging cabinet -type sign in the center archway and redesign the shape of the cabinet to fit within the archway; 3. Allow the sign in the location as proposed with either smaller dimensions or with the deletion of the "roof" logo. RECOMMENDATION Staff believes that there are no valid reasons why Pizza Hut cannot utilize a sign which is in compliance with the sign program on the east elevation. There are three arches available for use of a hanging sign. Therefore, staff recommends denial of this request for a modification to the sign program to allow a wall -mounted sign. Attachments: 1. Partial site plan showing sign locations 2. Excerpt from sign program for applicable rental space 3. Sign exhibits PCST.217 ATTACHMENT 1 6 56 N89°59'36'E E o R=60�00' th 10 �. R=50.00 0 cn R=20.00' ry �„ o 0 loo W 0 r+4, z R=5.00' t q ri 0 11.56' 85.00, PAD 30.00' o m 0 12.r it 18.00OWN R=165.00' � R=3.00' � R=10.00�o A 1200' R=3.00' ,Z R=10.00' 9n rya �p �"1 -.,t 20.00'OD 1 FE oo n =5.00' c v +1 w - .- D o A w 122-A PI _ .00' R=3.00' ,a,=10.00 o o, D Tr � o R=5.00' -R=3. ' =10. ' 3.aD' 100.00 so 30.00 m R=25.00' R=5.00 w R=20.00' o , R=3.00' o ° ° ° • ° R=110.00' 730' c - R=25.06R=140.00' o U R=25.00' .a. m o c o a .00 °° w RT-3.00' R 70 ' —j 11'P. R=5.00' r" —� WA FA ffA, B _ •' ATTACHMENT 2 CIFICATIONS FOR BUILDING TENANT SIGNS: Only internally illuminated cabinet signs shall be permitted. color of letter faces are up to the discretion of the tenant. Sign face background shall be an opaque stucco finish, painted to mate building. Color of cabinet shall be painted to match color of beams. Cabinet retainer and aluminum supports shall be color of beams. letter heights to be proportional to working surface area. Cabinet sign to be 18" high x 10' long. Type style shall be approved by landlord. Double and single -line copy shall be permitted. All signs shall be mounted in allotted space and must align with oth tenants. Each tenant for the shop building shall be limited to one (1) sign on with corner tenants allowed a second sign on the second frontage. P building tenants shall be limited to one (1) sign only per frontage. ANALYSIS The proposed Casitas units will be located within Tentative Tract 27835 which is located just south of 48th Avenue, west of Dune Palms Road. This is adjacent to same area where the Tennis Complex is located. As previously noted, none of the Casitas units have yet been built. The applicant, prior to construction of any of the Casitas units, decided that the plans were not appropriate and submitted these revised Casitas units. These new units are approximately 200 square feet larger than the originally approved units and are designed in a manner which provides a more open floor plan and ceiling heights. Architecturally the new units, when compared with the originally approved units, are still early California/Spanish in nature but in a slightly more contemporary manner. The overall height of the new units is approximately four feet higher at the maximum point than the original units. The new units will architecturally be compatible with the existing project. Roof overhangs are at a maximum two feet. However in some areas it is reduced to lower than that minimum. Due to the higher roof lines some windows may not receive shading from the roof overhangs. The applicant has submitted a conceptual site plan for these units. Conditions of Approval have been recommended to address a more detailed review of this as well as the landscaping plans. RECOMMENDATION By Minute Motion 95- , approve the architectural plans for the residential Casitas units, subject to the attached conditions. 1. Location map 2. Recommended Conditions of Approval 3. Architectural plans PCST.218 -J-f. . AI'T,Ar z4JPAZWT A't'' 444 MENT Z CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 84.004 - RANCHO LA QUINTA (CASITAS UNITS) .DUNE 13, 1995 This approval is for the Casitas duplex units (Plan A 1,725 square feet, Plan B 1,967 square feet). Prior to issuance of a building permit, final working drawings to determine compliance with this approval, shall be submitted to the Community Development Department 2. All exterior lighting shall be in conformance with the adopted Dark Sky Ordinance. 3. Preliminary landscaping/irrigation plans for the Casitas area shall be submitted for review and approval by the Community Development Department and Public Works Department (if necessary). 4. Prior to issuance of any building permits for these units, a dimensioned unit siting plan shall be reviewed and approved by the Community Development Department. 5. The front yard setback shall be 20-feet with side loaded garages allowed to be setback 15-feet from the front property line of the street. CONAPRVL.155 :" rt w THE .ASITAS Ar1*r e44t MiV •N-r 3 T.D. .I�� CAN. Deseirt RANCH® LA QUINTA Development T H L I: . , I. MUM CVQ- to !-9-VS 10 AM" 'IOU, 1 In uv : L A -.V.4 P'l w3l Mom NEW a PEKAREK • MANDELL Inc. archucture planning . interims 23672 bw 'Cher dme (714) B37-9050 lake fo-sL. la 92.630 W (714) 037-9746 _vYll PEKAREK • MANDELL Inc. arrhiLectlire • planninU - imeners 23672 wtow O, (714) 837-9C'SO take forest, cii 1 92630 fox 171 4)837-9746 NOW` THE MONARCH GROUP June 5, 1995 Larry Lichliter Executive vice President KSL Recreation Corporation 56-140 PGA Boulevard La Quinta, CA 92253 RE: PGA West Master Association, Inc•' ("Master"), P West West Residential Association, Inc. (11PGA i") r Residential Association, Inc. ("PGA Ix"), PGA West. Master Association/KSLDevelopment ReaChedxa ion, Assessment l. Mode r Complex 2ssues Sd Lear Larry; This letter shall. serve +:,o memorialize the agreements which have been reached between the PGA West Master Association, Inc. ("Master")., PGA Westaiationsg x cation, Inc. (PGA Y7["")',P�ereinafter 111), and ;PGA West 11 Resident ial 1 Asso referz®d to as the PGA West Associations ("Associations") and KSL. will first in order to proceedThereafter, ane organized g n will a n r, we any set ®orforth open the Agreement. T items. ON ----. N. =On Ate= KS-L agrees to the' annexation/ de -annexation of the properties with PGA I, PGA .11 and Master as set forth in the enclosed PGA West Development Map ("May 11). KSL, agrees that individual lender approval, is not necessary to annex or de -annex properties from either PGA I or PGA xx. fiction ItM_5 A, Declarant status Associations believe that KSL has declarant status as the owner and subdivider of properties. its decl.a rant Sxi rights Gunder theill CC&�soperate with KSL to formalize N 43-875 Washington Street, Suite C, Palm Desert. CA 92211 • Tel: (619) 360-4161 • fax: (619) 360-4160 • e-P\vyal ��e.it��r;�:t `at c.;4MliGOtl•,:t't .. ssoei.tt(uns • Larry LiChliter June S, 1995 Page 2 KSL believes it needs to Formally assign Sunrise Company's declarant rights. KSL will be requesting that Sunrise assign XSL its declarant status. If Sunrise will not assign its declarant status, Associations agree to take any and all reasonable actions to confirm KSL's rights as declarant. in recognition of the expiration of the statute of limitations set forth in the Res 11 CC&Rs regarding the Class B voting privileges for s B voting privilege$, orgattemptwtotamendothetoCC&Rscfor such Class g p voting rights. B. Annexation/De--Annexation If KSL has declarant status, KSL and PGA XX agree that KSL has the right to annex or de -annex properties into PGA 11. Property cannot be annexed into PGA X without at least a majority vote of the membership. PGA I agrees to obtain the necessary membership approval. Associations disagree that the Declarant has the right to do -annex property annexed into either PGA I or PGA 11 without Board of Directors approval. The disagreement is moot because PGA I and PGA 11 will agree to provide their approval of the Annexation and de - annexation as provided for in the Map. Associations will further agree to release KSL/Declarant from the Associations' .legal position that KSL is estoppel from de -annexing the properties out of PGA I or PGA XX without Board approval (annexation was used to control and/or affect the election of the Board of Directors). Associations will cooperate with KSL in any reasonable manner to achiever, annexation, and de--annexat-ign..in. order to effectuate the development scheme set forth in the Map. C. Legal opinion Associations agree to provide KSL with an opinion from their legal counsel which delineates the rights of Board of Directors in general to take action on behalf of the Associations without membership approval and without the specific authority to take an action not directly provided for in the respective Associations governing documents. D. Recorded Restriction KSL has advised that RTC approval would be necessary to record a restriction or condition (i.e., commitment to annex properties) Larry -Licht i ter June 5, 1995 Page 3 against the properties, in Lieu of a recorded restriction mandating that properties be annexed, as provided in the Map, KSL ,suggests that it contractually agrees to the annexation scheme set forth in the Map. Associations desire that the annexation/de--annexation scheme provided for in the Map be recorded against the property. Both parties agree to negotiate in good faith to provide adequate protection to the Associations to ensure that the annexation/de-r annexation scheme provided for in the Map are met and run with the land. KSL agrees to perform the following once the models are sold as residential homes: 1. Complete the perimeter wall in front of the model complex; 2. Eliminate the entrance off PGA Boulevard; 3. Refurbish the PGA Boulevard median to its original condition; and 4. Tie the street adjacent models into Cedar Crest, an existing street. • 'KSL has .advised that it-, cannot record *a development restriction to ensure that the above -stated model development rbstrictione are recorded against the mode' complex property. KSL proposes that in lieu of a recorded restriction? KSL would contractually agree to the above conditions. Associations desire that the above - referenced conditions run with the land. Both parties agree to negotiate in good faith to provide adequate protection to the Associations to ensure that the Model Conditions are met. • KSL agrees to the following: 1. Finish the perimeter wail adjacent to the inactive key card gate at the corner of 58th and Interlachen. Larry Liahliter June 5, 1995 Page 4 2. Construct restrooms for workers where Riviera meets Hermitage. The construction will take place during the construction of the 32 homes around the lake. PGA 11'requests that KSL incorporate a Community pool into.the area of the 14 lots on Interlachen. POA xx suggests .that alternative sites be considered, e.g., the island on Colonial or the north and of the intersection of xnterlachen and Marion. KSL has not committed to constructing an additional pool; however, they do intend to create additional amenities during their development of homes at :PGA West, as well as expanding facilities at the clubhouses to absorb the increase in resident population at PGA West. KSL will commence paying assessments for properties annexed into the Master Association effective June 1, 1995. KSL will not have to pay back assessments owing prior to June 1, 1995. XSL will commence payment of assessment for properties not annexed into the Masten Association upon annexation of those properties into the Master Association. KSL Recreation Corp., KSL PGA West Corp., or any subsidiaries owning title to the properties referenced herein, agrees to guarantee payment on assessments owed of such properties, including both developed and undeveloped properties until they are sold. Association agrees to provide KSL with an opinion *from its legal counsel which delineates the power of the Master Association Board of Directors to forbear collection of certain assessments in consideration of this Agreement. Association also agrees to release XSL from its position that Iroperties annexed into PGA X and PGA xI are automatically annexed nto PGA Master. We trust this letter satisfactorily sets forth the agreements reached to date. If you have any questions or comments, please do not hesitate to contact us. Larry Liehliter tune s, 1993 Page S Larry, we request that you sign this letter memorializing the ,. agreements reached to date, to codify said agreements and demonstrate good faith' dealing between KSL and the HOA?s. Sincerely, .. , Betw Ba n, President PGA West Master Association, Xna. - 9,vJ LA� Paul Chaney, Presidfint PGA vest Residents l Association, Inc. Ws/Saull President A Residential Association, Inc. Agreed to and agreeing: Larry Lichliter, Executive Vice President KSL•Recreation Corporation N