The URL can be used to link to this page

1992 01 28 PCTo be Held at the La Quinta City Hall, 78-105 Calle Estado La Quinta, California January 28, 1992 6:00 P.M. CALL TO ORDER — Flag Salute ROLL CALL BUSINESS SESSION 1. Item ................ CIVIC CENTER LANDSCAPING Applicant ........... City of La Quinta Location ............ Civic Center site Request ............. Joint review of the landscaping plans submitted by Gruen Associates Action .............. Minute Motion 92- OTHER - None ADJOURNMENT PC/AGENDA 1 as GRUEN ASSOCIATES ARCHITECTURE - PLANNING - ENGINEERING January 23, 1992 Mr. Jerry Herman Planning Director City of La Quinta P.O. Box 1504 78-105 Calle Estado La Quinta, California 92253 Dear Mr. Herman: JAN 2 3 1992 D CITY OF LA r.uwA -- PLMio%; DE ifiit.+ENT Re: Design Review Board Landscape Comments KI SUM PARK, FAIA. AICP ALLEN M. RUBENSTEIN FASCE, FITE KURT FRANZEN, AIA MARIS PEIKA. AIA JAY B BOOTHE. AIA We have had the opportunity to review the minutes of the Design Review Board on landscape and irrigation plans for the Civic Center project. In response to these comments, we would like to clarify our position on the landscape design issues and rectify any misunderstanding that the Board may have. The following is a list of Design Review Board comments with subsequent Gruen Associates responses: 1. Comment: Plans submitted were typical of what someone unfamiliar with the desert environment would submit. The design style was incompatible with what the City represents and requires of developers. The desert character is sparser on the perimeter and lush green up close to the buildings." Response: Our original landscape design solution, which was part of the Design Development Phase, was presented to the City of La Quinta City Council on September 17, 1990. This design incorporated a predominant desertscape concept with a variety of cactus and succulents. (We intend to bring a copy of this plan to our meeting on January 28th.) However, at that time, Gruen Associates was directed by City Council and Staff to create a friendlier, warmer, lush environment, exemplified in the landscape of the La Quinta Hotel. Gruen Associates presented the revised landscape design on October 26, 1990 in response to the City Council and Staffs October 8th review session. During this meeting and at subsequent follow-up meetings, design discussions were based on an acceptance of the new landscape plans presented at the October 26th meeting. 2. Comment: "The plants were somewhat low water usage, although only a few could handle the extreme weather ranges." Response: The plant palette selected for the revised landscape design is all drought tolerant. Every single plant material is listed in Lush and Efficient, a Guide to Coachella Valley Landscaping, published by the Coachella Valley Water District. Other references include: Plants for Dry Climates, by Mary Rose Duffield and Warren D. Jones; Drees and Shrubs for Da California Landscapes, by Bob Perry; 6330 San Vicente Boulevard, Los Argeles, California 90048 Telephone (213) 937-4270 Fax (213) 937-6001 Mr. Jerry Herman January 23, 1992 Page 2 GRUEN ASSOCIATES ARCHITECTJRE P-ANNING • ENGINEERNIS Plants for California Landscapes, by the Department of Water Resources; and the Sunset New Western Garden Book. In addition, extensive research was conducted with various experts in the field, including local nurserymen in the Coachella Valley. Some of the experts include: David Harbison with the Coachella Valley Water District; Dan Shriner with D. S. Distributing, which represents Arid Zone Tree; Swan Hills with White Tank Palms Nurseries; Bruce Throckmorton with Arid Zone Farm; Art Oliveras with La Quinta Hotel; Gene Blythe and Cliff Comstock with Monrovia Nursery; and Scott Taylor at Hines Nursery. 3. Comment: '"The plans called for high maintenance. The perimeter landscaping needs to have the amount of lawn reduced (especially near the curbs) to only where the public traffic would be. This should be replaced with ground cover. The density of the shrub planting is extremely high. The planting needs to be relaxed to allow the plants room to spread and take form. Annual color use should be minimal and used only for accent. The elevated pots with annual color require too much maintenance." Response: As part of the original landscape design, we proposed drought tolerant fescue seedmix as the perimeter groundcover. However, we were requested by City Council to consider alternatives which would augment the predominant groundcover proposed for the art festival grounds. Lawn is currently used extensively as street frontage along Washington Street leading to the Civic Center site. In addition, this was documented in our meeting notes dated September 17, 1990. The planting design consists of generally six understory plant massings, including Xylosma hedges, massing of red Bougainvillea on the plinth, and groundcover plantings of Juniper, Verbena, Dwarf Pittosporum and Blue Fescue. The design intent is to achieve an immediate assemblage of a hedge with Xylosma and over 50% coverage on groundcovers at the time of planting to achieve the desired landscape effect within one year. The only consistent maintenance requirements will be mowing the lawn and clipping the Xylosma hedge to maintain the desired form. The groundcovers, including Bougainvillea, will only be required to be cut back perhaps once a year. Annual color is used exclusively in the main courtyard. The use of color in the most visible exterior space of the City Hall complex is in keeping with the exuberant La Quinta Hotel style. In addition, the courtyard is envisioned as a significant public space, and will have visual importance from inside and outside of the building. The annual color requires three -time rotation per year. A drip irrigation is provided for the annual color in the suspended pots. Mr. Jerry Herman GRUEN ASSOCIATES January 23, 1992 ARCHITECTURE PLANNING ENGINEER aG Page 3 4. Comment: 'The deciduous plants (i.e., vines) should be replaced, as they will go bare in the winter when the City should try to present an attractive face. If not replaced totally, they should be mixed with some evergreen plants." Response: Wisteria does xtremely well in the desert environs, and is probably the most spectacular and showy vine when in bloom from early spring to summer. Wisteria is also prized for its interesting branching structure. An attempt was made to accentuate the simple, dynamic interplay of the organic element with the man- made structure. However, we are open to discussions regarding selecting an evergreen vine that would work with Wisteria, or selecting an evergreen vine to replace it altogether. 5. Comment: It was noted that the Civic Center site is one of the coldest spots in La Quinta and that the proposed Bougainvillea would freeze. Nearby homeowners have verified this fact." Response: The proposed Bougainvillea is called Bougainvillea Oo-la-la 'monks', recently patented by Monrovia Nursery in 1990. It is an improved variety of a compact, dwarf grower that grows to approximately 2 feet in height and 4 to 5 feet in width. It is susceptible to freezing below 289, but plants rejuvenate from the older wood once the weather warms up in the spring. This low mounding, spreading form of Bougainvillea is sold as the most frost -tolerant variety, unlike the more common, larger -growing varieties, available from most commercial and all retail nurseries. We have made several provisions in the specifications, based on conversations with Monrovia Nursery's botany department, to offset consequences from freezing during winter, including the following: A. Time of planting. Do not plant Bougainvillea during the winter period of December through February; and, optimally, during March and April. B. Method of planting. Two persons shall remove rootball from the nursery container with extra care to make sure the rootball remains intact upon installation. C. Planting bed nremaration. Apply a minimum of a 2-inch layer of wood bark mulch in Bougainvillea planting areas. Usually only a 1-inch layer is necessary for new shrub or groundcover areas. In addition, we've talked to Bruce Throckmorton with Arid Zone Farm, and Art Oliveras with the La Quinta Hotel regarding Bougainvillea's freezing conditions in the immediate area. Bruce Throckmorton is the owner of a nursery only one block east of the Civic Center site, and Art Oliveras is the groundskeeper for the La Quinta Hotel. They both mentioned that Bougainvillea is susceptible to freezing and requires pruning in spring to cut back dead branches and to encourage new growth Mr. Jerry Herman GRUEN ASSOCIATES January 23, 1992 ARCHITECTURE PLANNING - ENGINEER NG Page 4 as the weather warms up again. Mr. Oliveras takes additional measures during unusually cold periods by covering up the Bougainvilleas with plastic sheets to minimize freezing. There are a couple of additional factors about the proposed City Hall planting location of Bougainvillea that will deter freezing. First, Bougainvillea is planted only on the two -foot -high plinth planters that surround the building. The cold air drains to the bottom, thus much of the cold air will drain off the plinth planter. Second, the building wall will exude heat from the inside, thus protecting Bougainvillea planted close to the building. In conclusion, our professional opinion is that this variety of Bougainvillea can withstand the ultimate effects of cold weather, and re-emerge healthy during the warmer months. However, after a hard freeze it will defoliate, even though it is actually evergreen. Due to this reason, we are open to further discussions of considering an alternate selection. 6. Comment: 'The 60-inch box Smoke Tree was felt to be larger than needed or optimum for a native type tree, and excessively expensive." Response: The proposed Smoke Tree is a specimen, requested by the City Council. It is strategically located in a highly visible location at the entry area to the Civic Center compound from the Arts Festival grounds promenade. We felt that at least a 60-inch box size tree should fill this key position. This would have to be acquired through a plant broker, since Smoke Trees are currently not readily available in nurseries. A fifteen -gallon size is the largest size available from the nursery. Sincerely, GR Mai ib r uma, rur% Partner cc: Ron Kiedrowski John Eloe Rick Abelson Samuel Kim Central Files vi sib i'17T IF "T", UP4 0.0 pl--Lf7*-vL-W-P--" wn 14W ;7 Y. A3; j r i /�-- i ; ri �. � i - .:� •'4k-a it}'1�' •;l �••IrL' �. I !. `e rc. .` �1 ' M1 • r q .r' I ✓WA�i elf _ t. tk�sti�9 f �.„ ;» ..Jill • �. r ♦� Slrt •� � fit, � � ri _'Y ��IY"L�/-/ � �I 1' � • = F �t ?�ilia f ,r lit tom• �1:Y L, L � i I 1 + � too � « ` �iti ar% 4i/t�;j i �tI 1�Aj� �� I � I 1 • }Tdk � � � +�' "Xj° i/i'31'�'' "�� t �/• i�� t1 • t �l y. `y -�r F' > I - �. ` +A r! M t� i ,. i Y. ''."` ro ?* d,y� x_''x ` i.,w•+.e:� t y - Ir, 4f` ` /r ,/�el:r# ^'=.r 4f f�+Cf'':�y4••�.+ �r jug .c :ems vy,� �.. _ •.`- .K�-. 1'w►�b�4. ':, ^� -' �• � �y !'M ♦ _ IJ. � J s//j ..n� � t 1 _ ) �1T.�r' •�` ".. r "Jv ;/.. �'� ;-::. \ ,.::- ,.y..� *1 vS,,.Y/ .!s "'�. fir^.'..-{�*. �',.....li►L'i � � �� fir- ONCUL mad ��z_ iT"�!`� x}1 "��:�. r �� rl - _.��y,,^:y��., � >�'.+r • �r" L�� i4��r► � K�j/► -'i /fin ,.mil J� /.� - � r- ` ice-// .fy �c,� • .y —ice - � �. ,v r'. f V • sf_'�7�t: ,r_ 15 I:._ �, ..gists,=.,ri�� M ii1. GRUEN ASSOCIATE' &QCH1TtCTU11a • PUNNING • f "OMII" Conference Retort ?m)ect ..a Quinta C:•: lc Center Pm)ect No. 6697 Subject Design Development Presentation Memo No. Piece La Quinta Council Chamber Date 9 / 17190 3y John Eloe Present John Pena, Mayor City of La Quinta Dale Bohnenberger, Ylayor Pro-'fem City of La Quinta Dr. William Rushworth, Councilman City of La Quinta Stanley Sniff, Councilman City of La Quinta Ron Kiedrowski, City Manager City of La Quinta Meg Robertson. Arts Foundation City of La Quinta John Walling, Arts Foundation City of La Quinta Maris Peika Gruen Associates :urge Parao Gruen Associates •Sam Kim Gruen Associates John Eloe (Wrter) Gruen Associates The meeting was convened to present the Design Development Phase of the project to the City of La Quinta City Council. 1. i.0. ACTION ITEMS ACTION BY ITEM GA :.1.0. Investigate the subsoil quality of the site for implications on horticultural and drainage requirements. GA :.:. incorporate desert -type landscape accents to break up the continuous fescue plant treatment. Blend the green fescue with desert harshness. Consider alternative to fescue. GA i .1.31. Consider other plant -type to incorporate into desert-scape. Examples mentioned were smoke tree, mesquite, texas ranger, verbena, and cats claw vine. GA 1.1.4. Consider other palms in lieu of california fan palm. Examples mentioned were queen palm, date palm and royal palm. GA 1.1.5. Lantana may freeze. Consider verbena as an alternative. :his report is a summary of subjects discussoa and decisions reached at the aoove c.nierence. Any discreoancres should be brought to our attention within seven days. Los Angeles • Phoenix 6330 San Vicente Blvd. Los Angeles. California 90048 Tel 1313) 937 4270 • Fax t213) 937 1,d Quinta Civic Center Conference Report al ?age -2- 3/17/90 GA 1..1.6. Evaluate the extreme summer and winter temperature extremes (120P and 250) in the .w selection of plant materials. GA 1.1. 7. Review all plant materials with David Harbison of the Coachella Valley water district for conformance to their water efficiency requirements. GA 1.1.8. Consider incorporating prominent arcnitectural treatments along the length of the pedestrian t rellis 1 walkway. GA 1.1.9. Study site lines in the Council Chamber for audiences ability to see screen and display boards. GA/LQ 1.1.10. The building pad should be higher than 2'-0" above street flow line. GA 1.1.11. Consider substitutes for the black and green tile colors in the lintel, file motif. GA 1.1.12. Re -consider the full glass wall between the administration area and the courtyard at the rear of the Council Chamber. The air conditioning load and cost of the glass may be a costly solution. Consider less glass and a shade trellis. GA 1.1.13. Consider re -cycling of condensate from AC system and using it to supply the courtyard fog system. GA 1.1.14. Look at the possibility of a separate AC unit for the EOC room. GA 1.1.15. Meet with the sculpturer, John Kennedy, to discuss the mechanics and water feature requirements of his sculpture. La Quints Civic Center Cunierence Report ;1 Page -3- 3117l90 1.2.0. STATUS The Design Development drawings ( two sets) and the preliminary cost estimate summary sheet was presented to Ron 1{iedrowski. The full cost estimate and outline specifications will be sent within the next week. This will constitute the complete submittal of all required Design Development documents by Gruen Associates. 1.3.0. SCHEDULE October 8 meeting at City Nall with city staff to discuss: • Senior Center Concepts • i.ibrary Design Concepts • arts Foundation ( temporary grid layout on site) • Project probable cost estimate analysis and conclusion. • Final Design Development review comments from the City. cc: .attendees C . rile 6697 12.0 GRUEN ASSOCIATES •ACH[It CTUPI - PLANNING' E-G'-1 A%G Conference Report Project La Quinta Civic Center Project No. 6697 Subject City Hall Design Revisions Memo No. 8 Place La Quinta City Hall Date 10/26/90 By John Eloe _ Present John Pema Dale Bohnenberger Bill Rushworth Ron Kiedrowski Frank Reynolds Jerry Herman Saundra Juhola Tom Hartung Maris Peika Jose Vincent Jorge Pardo Rick Abelson John Eloe City of La Quinta City of La Quinta City of La Quinta City of La Quinta City of La Quinta City of La Quinta Citv of La Quinta City of La Quinta Gruen Associates Gruen Associates Gruen Associates Gruen Associates Gruen Associates The meeting was convened to present the revisions that Gruen Associates had made to the design in response to the city council and staff s October 8th review session. 1.0 DISCIISSION AND DECISIONS Action b Item 1.01 GA presented three renderings, which depicted design directions that will be pursued. Specifically: 1. Archways will be incorporated at the City Hall (2) and council chambers (1) entrances. 2. Courtvard will have a tiered fountain, wall - supported pots, colorful/flowering landscape, and Mexican stone paving. 3. The pedestrian trellis is re -designed with archway access points. 4. The automobile turn -around court is eliminated and replaced with a pedestrian -specific entry court. This will incorporate the sculpture and seating. This report is a summary of subjects discussed and decisions reached at the above conference. Any discrepancies should be brought to our attention within seven days. Los Angeles • Phoenix 6330 San Vicente Blvd. Los Angeles, California 90048 Tel (213) 937 4270 • Fax (213) 937 600 1.02 GA presented the site plan and landscape revisions. 1. The visitor parking and related pedestrian and parking trellis has been reduced in length. 2. The area immediate to the south of City Hall will be developed as part of Phase One as shaded employee parking. 3. The location of the Arts Foundation, Senior Center, and library was shown with their expansion areas. 4. The landscape plan was presented with the inclusion of an amphitheater, promenade adjacent to the Arts Foundation, shade trees and look -out mesa at south -center of the terrace park, connection promenade between the City Hall and the Senior Center, fountain entry court at the library and arts foundation, clipped lawn for the terrace park with the terracing incorporating 1:4 gradual slopes. 5. A soil sampling/testing is recommended to determine if amendments to the soil are required for planting suitability. 1.03 GA projected the City Hall floor plan and landscape plan. 1. Landscaping a. 'fie plinth would be planted with bougainvillea and an airy tree specimen (e.g., paloverde). b. The area between the plinth and the sidewalk would be generally a clipped lawn. C. Palms would be planted at the major entrance points. d. Chinese wisteria would be planted at the parking and pedestrian trellis. e. Annual colors would be planted in the courtyard flower beds. f. Clipped hedges would be located at the Tampico pedestrian entrance. 2. Floor Plan a. The employee toilet rooms adjacent to the receiving area were removed. b. The EOC was increased in size. This area will have its own mechanical system and the possibility of a portable emergency generator. The structure of this area will be independent of the building and include a toilet room and part of the receiving area. c. The directors' offices were increased in size. d. The open plan structure system was simplified in appearance to wood lateral struts. e. The administration area was re -worked to eliminate the garden area. Also changed was the council members lounge, council chamber caucus room, council private toilets, future council office expansion, and administration reception area. f. The council chamber changes showed a curved dais with department head seating looking out toward the audience. Flat wall display area in lieu of the "rolo-dex" display module, caucus room removed, side aisle straight seating, over- head camera in lieu of table -top presentation camera, and access doors to the administration area immediately behind department head dais seating. 1.04 The mayor, city council, and staff commented during the presentation: GA 1. Curved audience seating is preferred in the council chamber. A good example is the Oceanside council chamber. 2. The department heads, who often give presentations, should not have to go to the furthest and opposite side of the chamber to give a presentation. They would like two display board locations. 3. The assistant City attorney's office is too small. Needs to be close to 200 s.f. GA 4. The gymnasium, lunch room, city managers conference room and session room should be wired for wall mounted television. 2.0 Schedule 2.01 Next meeting will be on November 9 at 9:00/ 10:00. cc: Attendees James Jackson C.file 6697/2.0 d 1 i Y DF U I 11 Ten Carat Decade I,0%, J01" A Regular Meeting to be Held at the La Quinta City Hall, 78-105 Calle Estado La Quinta, California January 28, 1992 7:00 P.M. **NOTE** ALL AGENDA ITEMS NOT CONSIDERED BY 11:00 P.M. MAY BE CONTINUED TO THE NEXT COMMISSION MEETING Beginning Resolution No. 92-003 Beginning Minute Motion No. 92-004 CALL 'T® ORDER — Flag Salute ROLL CALL PUBLIC HEARINGS - None 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. Persons wishing to address the Planning Commission should use the form provided. Please complete a form and submit the form to the Recording Secretary prior to the beginning of the meeting. Your name will be called at the appropriate time. When addressing the Planning Commission, please state your name and address. The proceedings of the Planning Commission meeting are recorded on tape and comments of each person shall be limited to three minutes. PC/AGENDA BUSINESS SESSION 1. Item ................ SETBACK ADJUSTMENT 92-090 Applicant ........... Thomas Plouffe Location ............ 78-820 Sonesta Request ............. Rear yard reduction of eight feet Action .............. Minute Motion 92- 2. Item ................ DRAFT SIGN ORDINANCE Applicant ........... City of La Quinta Location ............ City wide Request ............. Review and discussion. Action.............. None 3. Item ................ ADULT ENTERTAINMENT ORDINANCE Applicant ........... City of La Quinta Location ............ City wide Request ............. Review and discussion Action.............. None 4. Item ................ DRAFT HISTORICAL SOCIETY ORDINANCE Applicant ........... City of La Quinta Location ............ City wide Request ............. Review and discussion Action .............. None CONSENT CALENDAR Approval of the Minutes of the regular Planning Commission meeting held January 14, 1992. OTHER ADJOURNMENT -------------------------------------------------------------------------- -------------------------------------------------------------------------- STUDY SESSION PC/AGENDA MONDAY, JANUARY 27, 1992 City Council Chambers DISCUSSION ONLY 4:00 P.M. CA.AICELLED 2 PLANNING COMMISSION STAFF REPORT DATE: JANUARY 28, 1992 PROJECT: SETBACK ADJUSTMENT 92-090 REQUEST: TO ADJUST REAR SETBACK OF 10-FEET TO 2-FEET FOR A PATIO COVER APPLICANT: THOMAS J. PLOUFFE LOCATION: 78-820 SONESTA WAY (APN 604-151-017) LOT 28 TRACT 23269 BACKGROUND: 1. A wood lattice patio (16-feet x 12-feet) was constructed in the rear setback area of Lot 28, tract 23269. At the time of construction the builder of the patio advised the owner of the property that no permits are necessary and setback regulations do not need to be complied with which was incorrect. 2. Setback regulations for structures in rear yards is 10-feet. In addition, accessory structures such as patios must be at least 10-feet from the primary structure, the house. 3. A patio is defined as a structure since it has a fixed foundation and can be enclosed fairly easily. 4. At present the patio is 192 square feet in size with the posts approximately 1 1/2-feet from the rear property line with an overhang of approximately 12-inches. The structure is approximately 8-feet 7-inches in height and higher than the adjacent perimeter block wall which backs up to Fred Waring Drive. 5. The La Quinta Zoning Regulations states that the Planning Director approve or disapprove setback adjustments. However, in this case the Planning Director has forwarded this application to the Planning Commission since the policy for Director approval is a maximum 20% deviation. STAFF RECOMMENDATION: Staff recommends that the covered patio (from overhang) be allowed to located 5-feet from the rear property line. This appears to be feasible, and will only require new footings and concrete if the owner wishes to extend the patio. STAFFRPT.072/CS -1- It should be noted that this lot backs up to Fred Waring Drive, therefore there is no immediate neighbor living behind this lot. The granting of this setback adjustment would not be detrimental to the health, safety, and general welfare of the surrounding neighbors and the rest of the community. NOTE: The above recommendation would necessitate moving the patio cover back approximately 4 1/2-feet from its existing position. PLANNING COMMISSION ACTION: By Minute Motion approve a 5-foot rear setback from overhang for a patio cover on Lot 8, Tract 23269 Attachment: SBA Application and plan as submitted by Applicant STAFFRPT.072/CS -2- 78-105 CALLE ESTADO — LA OUINTA, CALIFORNIA 92253 - (619) 564-2246 CASE NO: 9 a --(09 CITY OF LA QUINTA FEE: $100.00 PLANNING & DEVELOPMENT DEPARTMENT APPLICATION FOR SETBACK ADJUSTMENT PPLICANT: Submit this form with two copies of a scaled site plan, rawn to adequately depict the nature of the request. A nonrefundable ee of $100 is required when the Application is submitted. Check must be ake payable to the "City of La Quinta". f the Applicant is not the owner of the property, a letter must be ubmitted by the owner authorizing the Applicant to execute this document n his behalf. PLEASE PRINT OR TYPE PPLICANT/CONTRACTOR: TH0114AAS J. PLOUFFE' DATE January 1, 1992 DNTACT PERSON ( IF DIFFERENT) SAME PHONE 619-772-2043 OILING ADDRESS: 78-820 Sonesta Way, La Quinta CA 92253 (Address) (City) (State) (Zil #NER' S NAME: THOMAS J. PLOUFFE' PHONE 818-448-1602 619-772-2043 OILING ADDRESS: _ 78-820 Sonesta Way La Quinta CA 92253 (Address) (City) (State) (Zip) ['BEET ADDRESS OF PROPERTY: 78-820 Sonesta Way La Quinta, CA 92253 3GAL DESCRIPTION OF PROPERTY: LOT # 28 TRACT 23269 ;SESSOR' S PARCEL NUMBER: 604151017-7 )JUSTMENT REQUESTED: Setback Adjustment sASON FOR REQUEST: I was advised by Steve Tiff (Desert Sand Contracting Lic.#539602) hen he constructed my patio that he had acquired the necessary construction permits. I as advised by Lonnie Day of Building & Safety no permit was taken out by Steve Tiff. I 4yeattempted to contact Steve Tift, but he will not cooperate or rectify Ere probleffr—. JSTIFICATION: No request for a Setback Adjustment shall be granted iless it is determined that it is consistent with the intend and purpose this Ordinance; that there are special circumstances applicable to the .,operty, including such factors as size, shape, topography, location or irroundings that justify the approval of the adjustment of the setback !quirement, and that the adjustment will not be detrimental to the !alth, safety, and general welfare of the community or be detrimental to -operty in the area of the parcel for which the adjustment is requested. FORM.013/CS SET BACK JUSTIFICATION SPECIAL CIRCUMSTANCES: Contractor deceived applicant by advising applicant that he (contractor) had acquired the necessary permits with the city of La Quinta to construct stated patio. Numerous attempts by owner to contact contractor have proven futile over pst several months in an attempt to rectify problem. SIZE• (See drawings & photos). Not detrimental to the health, safety and general welfare of the community or associated property in the area. SHAPE• (See drawings & photos). Standard in appearance and shape and conforms to standard patio construction design and techniques. TOPOGRAPHY• (See drawings & photos). Patio was build on cement slab and anchored by steel stays bolted to 4 x 4 posts. LOCATION: (See drawings & photos). Patio is detached from home and is attractively placed within the boundaries of the property, and is barely visible from the street (Fred Waring). The patio in no way presents an "eye sore" to the community or a "Hazard". Numerous home owners (neighbors) have complimented me on the attractiveness of the patio sense it was constructed including employee of Building & Safety. G� +Rr P �M A D N v fi v r 1 n A � d v� a D IA 4 j o 1 S r" Ito D A ul 0 W �f �0 It b O e i w ©O w s7 st s: iet.t7 fi.a � b I�► � : Oa to e +CDl,DO 1u� 1 Oa `ti�a It a ze � t•r, Dr g �` 'r.: v o „rn.ts f J J r h N 0 T w N OO a(Jb a Um m w ^' s7 st 6t fs./t fol./6 7i 67 67ra /do RO Ou c v to' 1y w r14 Oa Z b ^ r tis h _ v r a7 p 77.14 t•ir.a a tz o zeo v '^ o` cos t r14 1 ♦'t♦�' � S .�i � L•nH • 4 I o M a° �O O e n0 L•�S. It /06.18 + I Ou` t.sz I • O o O6 o Or w ®O 0 b 002 /07.tL b N O " p � � o fly I H q 4 ®V 1 \J a Cb ................v W 4 R9Sro A4 Hf4 /e7.I1 w LOT F o 1" to ire r a '' r O IDS o : 0� s Cw�m o /Ir �� w � , IIO � b • � Jr `�4 O Bq.l7 iio S /DD.0 •re ros.tt � ♦��7�� N t•t7H r. w /dal ♦ e OO R; M ��U 14 0 /t5.4o L.A, 'lr 69 es L.14.D4 •9.t% 0 LOT G e�^7 ®4 s O v _ (.D� 41. 1. d1 f1 •, ♦may`' �+e ♦ e V 0 a � a u®b •� �� A � • iD1.ti 9/.76 70 sq." too Z � — — /sz—at---4 S�iREE r ��— 'k 0 C i �O Zb ! � � , 3 --sue _..s . 1,'; ++�R�!`i�ll� � �e �'•. I MEMORANDUM TO: HONORABLE CHAIRWOMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: JANUARY 28, 1992 SUBJECT: ATTACHED ORDINANCES Attached are three ordinances for your review and discussion. Following your input these ordinances will be scheduled for public hearing. MEMOJH.160 -�rorn o(ra4 9.212.010--9.212. 020 Chapter 9.212 SIGN REGULATIONS* 9.212.010 Intent. 9.212.020 Permit requirements and review procedures --Signs on private property -- Permit required. 9.212.030 Application requirements and process. 9.212.040 Disposition of plans. 9.212.050 Expiration and time extension of sign permits. 9.212.060 Appeals. 9.212.070 General provisions. 9.212.080 Exemptions. 9.212.090 Prohibited signs. 9.212.100 Temporary signs. 9.212.105 Semi -Permanent signs. 9.212.110 Sign regulations. 9.212.120 Existing signs. 9.212.130 Definitions. 9,212,010 Intent. This chapter is intended to implement the goals and policies of the general plan; to provide minimum standards to safeguard and enhance property values; to protect public and private investment in buildings and open spaces; to preserve and improve the appearance of the city as a place in which to live and to work, and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to business and for the information of the public; to prevent excessive and confusing signing displays and to promote the public health, safety, and general welfare, as to signs which are allowed on private property. (Ord. 112 §1 (Exh. A(part)), 1987) 9,212,020 Permit requirements and review procedures-- Sians on private property --Permit required. Sign permit approval from the planning and development department 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 9.212.080 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 * Prior Ordinance History: Ord. 5 and county Ord. 348 §§19.1--19.6. - time, the review and approval provisions of this chapter shall apply before a sign permit and/or building permit is issued. (Ord. 112 §1 (Exh. A (part)), 1987) A. 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 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 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. B. Plans Required -- Information Required. The following information must be shown on the sign plan: 1. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy and illumination method; 2. 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; 3. Building elevations with signs depicted (for nonfreestanding signs). C. Review. Sign applications shall be reviewed for compliance with the provisions of this chapter under either the standard application or planned sign program application. D. Standard Sign Program. 1. The standard sign program is used by the planning and development department to process the following sign applications using the standards and provisions contained within this chapter. a. Two or less permanent signs; 12/02/91 7424u/2588-00 -2- b. The modification of signs within a previously approved planned sign program. 2. The planning 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 intent and provisions of this chapter. E. Planned Sign Programs. 1. Planned sign program review is required for more than two permanent signs, on a site development projects requiring review by the planning commission, or requests for sign adjustments to signs previously approved under the planned sign program. 2. The design review board will review planned sign program and make recommendations to planning commission. (t3. The planning commission will make a determination to either approve, approve with modification, or deny planned sign program applications; &4. The planning commission, upon completion of their review, may attach appropriate conditions. In order to approve a planned sign program application, the commission must find that: a. The proposed sign or signs satisfy the intent of this chapter; b. The proposed sign or signs are in harmony with and visually related to: i. 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. ii. The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified. iii. Surrounding development. Approval of a planned sign program shall not adversely affect surrounding land uses or obscure adjacent conforming signs. 12/02/91 DRAFT 7424u/2588-00 -3- L 5._ Modification of Signs within a Previously Approved Planned Sign Program. Modification of signs shall be made in the following manner: a. The planning director may approve the following modifications using the provisions of the standard sign program; however, at the discretion of the planning director, modification requests may be referred directly to the design review board for recommendation and the planning commission for action. i. Up to a twenty-five percent increase in the sign area and/or dimensions; ii. Relocation of sign(s) to a new position on the same building elevation or street frontage; iii. Change in method of permitted illumination or the lighting of signs. b. All other modification requests will be reviewed and approved by the planning commission using the provisions of the planned sign program. c. For purposes of this subsection, exempted signs shall not be included in the above calculations. F. 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 allowed 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; U,%ArT 12/02/91 7424u/2588-00 -4- 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: a. On -site. To transfer area from one wall to another wall or to a freestanding 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. Lots Not Fronting on a Street. 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. 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. (Ord. 112 §1 (Exh. A (part)), 1987) A. When revisions to the 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. B. After approval is granted, it shall be the responsibility of the applicant to submit all required 12/02/91 7424u/2588-00 -5UoLAFT - applications, plans, bonds, and fees to the building a2nd safety department of the planning and development department for issuance of the building permit. (Ord. 112 §1 (Exh. A (part)), 1987) A. 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 planning director for an extension of up to one year from the date of expiration. The planning director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if it is found that there has been a substantial change in circumstances. B. 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. C. 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, so that the sign would not be permitted under the new circumstances. (Ord. 112 §1 (Exh. A (part)), 1987) 9,212,060 Appeals. Any decision of the planning 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 fifteen calendar days of the decision date, in accordance with Section 9.180.060 of this title. (Ord. 112 §1 (Exh. A(part)), 1987) 9,212,070 General provisions. Sign Requirements. All signs must conform with the following, when applicable: A. Illumination. 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 restrictedKto minimize the illumination, glare or reflection of lightAwhich i-s visible from the residentially zoned property. 12/02/91 L)nAFT 7424u/2588-00 -6- B. Maintenance. All signs, including signs heretofore installed, shall be constantly maintained in a state of security, safety and repair. If a sign is found not to be so maintained, or is not securely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign after receiving notice from the city. The premises surrounding a freestanding sign shall be free and clear of rubbish and any landscaping area maintained in a tidy manner. C. Landscaping for Freestanding 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. D. Inspection. All sign users shall permit the periodic inspection of their signs by the city. E. Buildings Facing on Two Parallel Streets. Single or multiple occupancy buildings whose premises extend through a block to face on two parallel streets with customer entrances on each street are permitted one freestanding sign per street frontage; provided, however, that each freestanding sign is located on different street frontages and are separated more than one hundred feet measured in a straight line between the signs. F. More Restrictive Provision to Apply. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply. G. Special Design Area Criteria. 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. (Ord. 112 §1(Exh. A(part)), 1987) 9,212,080 Exemptions. The following signs do not require sign approval, nor shall the area and number be included in the area or number of signs permitted for any site or use. This shall not be construed as relieving the sign owner from the responsibility of obtaining a building permit for the sign, the sign's erection, maintenance and compliance with the provisions of this chapter or any other laws or ordinances: A. Official notices issued by any court or public body or officer; 12/02/91 7424u/2588-00 -7- H. Notices posted by any public officer in performance of a public duty or by an person in giving legal notice; C. Residentially zoned property may keepthe flag, emblem, or insignia of any nation, political su division, fraternal, or religious organization, and those flags determined to be of a noncommercial, nonprofit civic character. The flag is subject to the guidelines concerning their use as set forth by the government or organization which is represented. All flags, emblems, or insignias are limited to a pole height of eighteen feet, and the height of the flag at no more than one-fourth the height of the pole in residential zones. /TThe total square footage of such flag, emblem or insignia shall not exceed for each aarce The planning commission shall review all flagpole requests on any commercial property and may approve, modify or deny the request; D. Flush -mounted attached signs, used to identify the name and address of the occupant for each dwelling provided the sign does not exceed two square feet in sign area; E. Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses; F. Memorial signs or tablets, names of buildings, stained glass windows and dates of erection when cut into the surface or the facade of the building or when projecting not more than two inches nor more than three square feet in area; G. Directional, warning, or informational structures required by or authorized by law or by federal, state or county authority, including signs necessary for the operation and safety of public utility uses; H. "Credit Cards Accepted," "Trading Stamps Given," "Open/Closed," "Association Membership" signs when not exceeding one-half square foot per sign and six in number, provided the signs are attached to the faces wall or window of a building; I. Decorations. Such signs in the nature of decoration, clearly incidental and customary and commonly associated with any national, local or religious holiday; J. PaintingAor repainting a sign in original colorhall not be considered an erection or alteration which requires sign approval unless a structural change is made; K. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identification; M__U T 12/02/91 L�) A 7424u/2588-00 -8- L. "No Trespassing," "No Dumping," "No Parking," "Private" signs identifying essential public needs (i.e., restrooms, entrance, exit, telephone, etc.) and other informational warning signs, which shall not exceed three square feet in sign area; M. Directional Signs. Nonadvertising, freestanding signs used to identify street entrance and exit. Said signs may have three square feet of sign area and be three feet in height; N. Newspaper stand identification, provided the sign area does not exceed two square feet. (Ord. 112 §1(Exh. A(part)), 1987) 9,212,090 Prohibited signs. Prohibited signs are subject to removal by the city at the owner's or user's expense. The following signs or displays are prohibited: A. Any sign not in accordance with the provisions of this chapter; B. Abandoned signs; C. Animated signs; D. Advertising vehicles; E. Banners and flags not otherwise permitted; F. Flashing signs; G. Portable signs; H. Off -premises signs not otherwise permitted; I. Immoral or unlawful advertising signs; J. Roof signs; K. Signs which purport to be, or are an imitation of, or resemble an official traffic sign or signal, or which bear the words, "stop," "caution," "danger," "warning," or similar words. L. 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 traffic or street sign or signal device; M. Signs which are located upon or projecting over public streets, sidewalks, or rights -of -way (unless specific approval has been granted); N. Signs attached to utility poles, stop signs or other municipal signage. (Ord. 112 S1(Exh. A(part)), 1987) N� 9,212,100 Temporary signs. °J A. Definition. "Temporary Sign" means any sign which is the subject of this chapter and which is intended to be posted for a maximum of sixty (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. Time of Posting. No Temporary Sign shall be posted for more than sixty (60) consecutive days. In addition, all Temporary Signs shall be removed within seven (7) 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. Size. Except where an approval is obtained under paragraph F. of this chapter, Temporary Signs placed on Public Property may not exceed six (6) square feet in area, and Temporary Signs placed on Private Property may not exceed twelve (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 twenty-four (24) square feet. Area shall be calculated on the basis of the entire sign area, as defined in Chapter 9.212.130(_). D. Height. Temporary Signs which are placed on Public or Private Property may not exceed six (6) 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 building, and Temporary Signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the roofline of the building. All heights shall be measured to the highest point of the surface of the sign. E. Placement of Signs. Temporary Signs may not be posted on sidewalk surfaces, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, treestakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, lifebuoys, life RA Fm2OOT 12/02/91 7424u/2588-00 -10- preservers, lifesaving equipment, street signs, or traffic signs or signals. Temporary Signs shall be posted no closer than five (5) feet from the edge of the paved area of any public road or street. Temporary Signs shall be placed no less than two hundred (200) feet apart from identical or substantially similar temporary signs. Temporary Signs may not be posted in a manner which obstruct the visibility of traffic or street signs or signals or emergency equipment. F. Permit Required. Any person, business, campaign organization, or other entity who proposes to post (a) more than five (5) 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 permit. I. Statement of Responsibility. Each applicant for a permit pursuant to paragraph F. above 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 Temporary Sign which violates the provisions of this Chapter 9.212.100. H. Standards for Approval. 1. Within ten (10) business days of the planning and development department's receipt of a permit application for a Temporary Sign, the planning director shall approve or disapprove such application. If the planning director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The planning 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 Chapter 9.212.100. 2. In any event, no permit application shall be approved which proposes to place in excess of ten (10) Temporary Signs on Private or Public Property which will be visible simultaneously from a single location and orientation within the boundaries of the City. 3. The planning director may approve a permit application for Temporary Signs which are proposed to exceed the maximum size allowed under paragraph C. of this chapter upon making the following findings: 12/02/91 7424u/2588-00 -11- a. Additional size is necessary to make the temporary sign visible or readable to its intended audience. b. The size of the Temporary Sign is no larger than necessary to make the sign visible or readable to its intended audience. C. The additional size of the temporary sign is not likely to harm the public health, safety or welfare. 4. The planning director's decision with respect to a permit application for a Temporary Sign may be appealed to the . &Agr4IN6 C-cy1►Wsyov- J. Maintenance and Removal ofnSigns. All Temporary Signs shall be constantly maintained in a state of security, safety and good repair. 1. Removal of Temporary Signs Located on Public Property. If any Temporary Sign 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 Chapter 9.212.100, 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. 2. Removal of Temporary Si ns Located on Private Property. If any Temporary Sign is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Chapter 9.212.100, written notice shall be given to the owner of the Temporary Sign, or the person who has claimed responsibility for the sign pursuant to paragraph I. hereof, that the sign is in violation of this chapter, shall specify the nature of the violation, and shall direct the owner of the Temporary Sign or person responsible therefor to remove or alter such Temporary Sign. If the owner of the Temporary Sign or responsible person therefor cannot be determined after reasonable inquiry, then notice shall be posted on or adjacent to each Temporary Sign which is in violation. If the owner of the sign or responsible person fails to comply with the notice within three (3) days after such notice is mailed, delivered or posted, the sign shall be deemed abandoned, and may then be removed, the cost of which shall be payable by the owner or responsible person to the City. r. A 12/02/91 7424u/2588-00 -12- Ow 9,212,105 Semi -Permanent Signs. A. Definition. "Semi -Permanent Sign" means a sign which is intended to be erected or posted for a minimum of sixty-one (61) days and a max mum ozone year]. B. Time of Posting. No Semi -Permanent Sign shall be posted for more than [one year]. In addition, all Semi -Permanent Signs shall be removed within [ten (10)] 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 (10)] days after the facility has received a certificate of occupancy, and a model home ��1oM complex identification sign shall be removed within [ten (10)] ��--days after sae sales are completed). The date of posting shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Size. Semi -Permanent Signs may not exceed thirty-two (32) square feet in area, and shall not exceed ten (10) 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 sixty-four (64) square feet. D. Placement of Signs. Semi -Permanent Signs may not be posted on Public Property, as defined in Chapter 9.212.130(_). Semi -Permanent Signs may not be posted in a manner which obstruct the visibility of traffic or street signs or signals or emergency equipment. E. 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. F. Statement of Responsibility. Each applicant for a permit pursuant to paragraph E. above 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 Semi -Permanent Sign which violates the provisions of this Chapter 9.212.105. G. Standards for Approval. Within ten business days of the planning and development department's receipt of an application, the planning director shall approve or disapprove an application for approval of a Semi -Permanent Sign. If the planning director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. ,Decisions of the planning director may be appealed to H. Time Extension. The applicant may apply for a time extension of up to one (1) year from the date of expiration. The planning 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 Chapter 9.212.105 and that the time extension is necessary to accomplish the purposes for which the Semi -Permanent Sign has been posted. I. Maintenance and Removal ofASigns. All Semi -Permanent Signs shall be constantly maintained in a state of security, safety and good repair. 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 Chapter 9.212.105, he 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 paragraph F. hereof, that the Semi -Permanent Sign is in violation of this chapter, 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. 9,212.110 Sign regulations. The following regulations pertain to the size, location, number and illumination of permanent signs for use within the city. The standard sign program review process will be used by the planning and development department. All requests which are made that exceed the following limits shall be processed using the planned sign program review by the planning commission. At the discretion of the planning director, decisions regarding standard sign program submittals may be referred directly to the design review board or the planning commission for action. A. Specified Uses. 1. Apartments and Multifamily Building Complex Containing Three Units or Less. Each complex is permitted one attached sign having a maximum sign area of twelve feet. 12 %ry9� 7424u/2588-00 -14- 2. Apartments and Multifamily Building Complex Containing More than Three Units. Each complex is permitted signage which identifies the complex, building and/or unit number, street address, and provides an area to identify units for rent or lease. The total signage is limited to one freestanding sign per entrance from an access street to the property, having a maximum sign area of twenty-four square feet and a height of five feet; and one attached sign having a maximum sign area of twelve square feet. The signs may be indirectly lighted or internally illuminated and must otherwise comply with the provisions of Section 9.212.070. 3. Residential Subdivision, Condominiums, Townhomes, Mobile Home Parks and Subdivisions. Each development is permitted a sign which identifies the development name at major entrances determined during project review. The identification sign(s) may have a maximum sign area of thirty-two square feet and a height of eight feet. The signs may be indirectly lighted or internally illuminated and must otherwise comply with the provisions of Section 9.212.070. 4. Public Uses, Institutional Uses, Schools, Non-profit Foundations, Churches. Each use, when not otherwise located with other unrelated uses within a multiple building complex or a multiple -tenant building, is permitted attached and/or freestanding signage. The total aggregate area of all signs shall be fifty square feet. From the total sign area, only one freestanding sign is permitted with a maximum sign area of twenty-five square feet and a height of eight feet. Only two separate attached signs are permitted. 5. Day Care Facilities. A facility licensed to care for ten or more children located in a residential zone is permitted one nonilluminated wall sign having a maximum sign area of twelve square feet. 6. Hotels/Motels. Each use when not located within a multiple building complex or multiple -tenant building is permitted wall and/or freestanding signage. The total signage may have a maximum sign area of one hundred square feet. From the total signage, only one freestanding sign is permitted with a maximum sign area of fifty square feet and a height of fifteen feet. Only two separate attached signs are permitted. 7. Restaurant Menu Boards. In addition to those signs permitted by this chapter, a restaurant may attach a sign on a wall or window, not to exceed three square feet, displaying the menu and/or daily specials. 8. Gasoline Service Stations --Freestanding Use. Each service station use, not ancillary to the principal use of the site, is permitted signage as follows: 12 /9? �t,es.. mmT 7424u/2588-00 -15- mm2" L)kAFT a. One double-faced freestanding monument sign not to exceed twenty-four square feet in area or not to exceed eight feet in height, and advertising the company name; b. One ten -square -foot wall sign advertising the company name and/or operator; c. One wall or ground sign, not exceeding eight square feet in area or eight feet in height or a ground sign, advertising the actual lowest price per gallon, including all taxes, at which regular, premium, and unleaded gasoline are currently being offered. Any special conditions required for sale at such lowest price shall also be indicated. B. General Retail Sales and Services, Business and Professional Offices, Eating and Drinking Establishments and Other Commercial Uses. 1. Freestanding Signs. a. Each commercial complex containing a multiple -tenant building or multiple buildings is permitted one complex identification sign per street frontage. The area of any one sign shall not exceed one -quarter of a square foot of sign area per lineal foot of street frontage, or fifty square feet, whichever is less. The aggregate area of all such signs shall not exceed one hundred square feet and sign area may not be combined among street frontages. b. Individual commercial uses, with a minimum of two hundred feet of street frontage and not a part of a larger complex, are permitted one freestanding business identification sign of up to one-half of the area permitted for attached signs, not to exceed fifty square feet. Freestanding sign area shall be subtracted from the total allowable attached sign area. c. The maximum height of any freestanding sign shall be twelve feet. 2. Attached Signs. a. Each tenant within a multiple -tenant commercial complex may have one attached identification sign not to exceed one square foot of sign area per lineal foot of tenant space frontage along a street, or frontage along a common -use parking lot where no direct street frontage is provided, not exceeding fifty square feet. Corner, end, or separate tenant spaces may split the allowable frontage sign area among two signs. b. Individual commercial uses not a part of a large complex are permitted two attached signs not to exceed an 12/02/91 7424u/2588-00 -16- aggregate area of one square foot of sign area per lineal foot of building frontage along a street not to exceed a maximum aggregate area of fifty square feet. 3. Directional Signs for Second -story Businesses. Businesses maintained exclusively on the second floor of a two or more story building may be identified as part of a directory sign attached to the wall adjacent to the secondary entrance. The total or aggregate area of the attached sign identifying the business shall not exceed twenty square feet of sign area. 4. Sign for Pedestrian Traffic. Where the principal sign for a business is located so that it cannot be seen by pedestrian traffic, an identification sign, in addition to that otherwise allowed in this chapter, shall be permitted. Such a sign shall be no larger than three square feet (three feet on each side), and it shall be designed and located so as to not distract from the appearance of the building or violate the intent of this chapter. 5. Directional Signs for Courtyard or Plaza Businesses. Where multitenant buildings or multiple -building complexes are designed to contain tenant spaces oriented to an interior courtyard or plaza and where the principal business identification sign is located on that courtyard or plaza frontage, the multitenant building or multiple -building complex may be permitted a pedestrian directional signs(s), which groups the names of businesses and/or principal services to be found in the courtyard or plaza, located at major pedestrian entrances to the plaza or courtyard as follows: a. Permitted signs shall not encroach into the public right-of-way. b. Permitted signs may be allowed up to a maximum of one and one-half square feet of sign area of the identification of each individual tenant space. This area may be utilized by individual sign panels grouped together or by one panel containing the aggregate area of all courtyard or plaza tenants. In addition to the sign area permitted for individual tenants, a permitted sign may be allowed up to a maximum of two square feet of sign area for purposes of directing pedestrians to the courtyard or plaza, by means of graphic symbols and/or lettering. c. Permitted signs may either be attached or freestanding, if properly integrated into the architectural and landscape design of the building. d. Permitted signs shall have a maximum height of seven feet above the pedestrian walkway, whether wall -mounted or freestanding. 12/02/91 7424u/2588-00 -17- vMSM LJKAFT e. Permitted signs, including supports, shall have a maximum width of four feet whether wall -mounted or freestanding. C. Sign Locations. 1. All attached signs, unless otherwise noted, must be located below the roof line of the building or the finished floor line of the second story on a multiple -story building. 2. Freestanding signs may be located anywhere on the premises; exception: within five feet of a public or private street right-of-way or located within the corner cutoff area, as identified in Chapter 9.204 of this title. (Ord. 112 S1(Exh. A(part)), 1987) A. Continuance. Any legal sign existing at the time of the adoption of the ordinance codified in this chapter may be continued to be in operation and maintained, provided: 1. The planning director determines that such sign(s) are properly maintained and do not in any way endanger the public; 2. 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; 3. No such sign shall be changed in any manner that increases the noncompliance of such sign with the provisions of the regulations relating to the sign use. This does not preclude changing of an advertising message; 4. The burden of establishing a sign to be legally existing under this section rests upon the person or persons, firm or corporation claiming legal status for a sign. B. Termination. An existing sign must be brought into compliance with this chapter when: 1. Abandoned. A sign is abandoned when the sign does not pertain to the business/activity established within the building, or on the property. 2. The structure or size of the sign is altered in any way except towards compliance with this chapter. This does not refer to change of a copy or normal maintenance. 3. The sign is damaged or destroyed beyond fifty percent. The determination whether a sign is damaged or 12/02/91 7424u/2588-00 -18- destroyed beyond fifty percent shall rest with the planning director and shall be based upon the actual cost of replacing said sign; and/or 4. The sign(s) are structurally substandard under any applicable ordinance of the city to the extent that the sign becomes a hazard or a danger. 5. A temporary sign is posted for a period of time which exceeds the time limit set out therefor in Section 9.212.100. C. Sign Removal. 1. The removal of any terminated and/or unlawful sign shall be by using one or a combination of the following methods: a. Immediate Removal. Any sign which does not comply with this chapter must be removed immediately by the business owner or property owner, or may be removed by the city. No prior written notice needs to be given by the city; except, a written notice shall be provided for legally permitted temporary signs which have expired pursuant to Section 9.212.100. Any sign removed by the city may be retained for fifteen (15) calendar days and the owner notified, and if not claimed, may be destroyed. The city may use any means available to recoup enforcement costs associated with the sign removal. b. Public Nuisance. The city may use the public nuisance procedures as contained in Chapter 11.72 of this code. c. Notification Method. 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 fifteen (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 reclaimed within thirty 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. 12/02/91 7424u/2588-00 -19- 2. Neither the city nor any of its agents shall be liable for any damage to the sign when removed under this section. (Ord. 112 §1(Exh. A(part)), 1987) 9,212,130 Definitions. As used in this chapter: 1. "Abandoned sign" means any sign which is located on property which becomes vacant and unoccupied or any sign which relates to any occupant or business unrelated to the present occupant or his business, or any sign which pertains to a time, event or purpose which no longer applies. 2. "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 chapter. 3. "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. 4. "Attached sign" means any sign attached to or painted directly on a wall, or erected against the wall of a building. Attached signs include canopy signs, fascia sings, mansard roof signs, and projecting signs. 5. "Banner" means a sign not made of rigid material and not enclosed in a rigid frame, and which is secured or mounted so as to allow movement. 6. "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. 7. "Canopy sign" means any sign attached to the underside or constructed upon a canopy which maintains an eight -foot ground clearance. 8. "Directional sign" means any sign which and erected solely for the purpose of traffic or direction and which is placed on the property to is designed pedestrian which or on 12/02/91 7424u/2588-00 -20- r 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"). 9. "Face or building wall" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. 10. "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. 11. "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. 12. "Freestanding sign" means a sign supported by one or more uprights, poles, posts or braces placed in or upon the ground which are not a part of or attached to a building. This definition includes monument signs, pylon signs, ground signs and pole signs. 13. "Future facility construction sign" means any sign used to identify the architects, engineers, contractors, lending institutions or other individuals or firms involved with the construction of a building or announce the character of the building or the purpose for which the building is intended. 14. "Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used to announce a sale of used item. 15. "Height" or "height of sign" means the vertical distance from the average adjacent ground level within five feet of the base of the sign to the highest point of a sign or any vertical projection thereof, including its supporting columns and any design element. 16. "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. 12/02/91 7424u/2588-00 -21- 17. "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. 18. "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. 19. "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 located, common -wall construction, and multiple -occupant commercial use of a single structure. 20. "Off -premises 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. 21. "Parapet wall" means a wall extending above the plate line of the building. 22. "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. 23. "Political campaign 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 or referendum, initiative, or pertaining to the advocating by persons, groups or parties of the political views or policies. 12/02/91 7424u/2588-00 -22- V 24. "Portable (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. (Also includes sidewalks or sandwich board signs). 25. "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 should be visible. 26. "Private Property" means any property other than public property. 27. "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 property shall include, without limitation, any street, sidewalk, curb, curbstone, street lamp post, hydrant, tree, treestake 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, lifebuoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median, public park, or other publicly owned property or structure. 28. "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. 29. "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. 30. "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. 31. "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 items displayed, in an open area. 32. "Sign" means any is used or intended to be location or subject matter information purposes. medium for visual communication which used to attract attention to a for advertising, instruction or 12/02/91 7'424u/2588-00 -23- L�iiiAFT 33. "Sign area" means the entire area within a single continuous perimeter composed of squares or rectangles which enclose the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame, background area of sign, structural trim, or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface for a two-sided sign which is visible from any ground position at one time. For any sign with more than two sides, the permitted sign area is divided by the total number of sides. The supports or uprights on which any such sign is supported shall not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the display. 34. "Sign program" means the method of review and approval of signs by one of the following two procedures: a. Standard Sign Program. The review and approval of applications for signs under this program are conducted by the planning and development department consistent with the regulations and standards as identified for various signs. b. Planned Sign Program. The review and approval of applications for signs under this program are conducted by the planning commission. The planning commission may exercise discretion to provide additional flexibility in the application of the regulations of this chapter. 35. "Special event sign" means a sign used to announce a circus, carnival, festivals or other similar events. 36. "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 recorded map and in which homes remain to be constructed or initially sold. 37. "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. (Ord. 112 S1(Exh. A(part)), 1987) 12/02/91 7424u/2588-00 -24- 60- Jim ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING THE LA QUINTA MUNICIPAL CODE BY ADDING CHAPTER 9. RELATING TO THE REGULATION OF ADULT ENTERTAINMENT. WHEREAS, the City Council of the City of La Quinta (the "City Council") finds that the location of adult entertainment land uses in proximity to residential uses, churches, parks and schools may lead to increased levels of criminal activities, including drug use and sales, prostitution, rape and assaults in the vicinity of those land uses; and WHEREAS, the City Council finds that the concentration of adult entertainment businesses near one another may contribute to the blighting or downgrading of the neighborhood; and WHEREAS, ample commercial and retail space is currently available and will be available in the future on the parcels of land fronting State Highway 111; and WHEREAS, such area is the most appropriate location in the City for the siting of adult entertainment businesses; and WHEREAS, the City Council finds that regulation of adult entertainment businesses in the manner contemplated herein allows ample opportunity for persons to establish adult entertainment businesses in the City and does not place an endure burden on those who wish to exercise their rights of free speech through the use of sexually oriented communication; and WHEREAS, the City Council desires to regulate the location and appearance of adult entertainment businesses to minimize the harmful secondary effects of such businesses on surrounding neighborhoods and not to regulate in any way the free expression of ideas through such businesses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Chapter 9. is hereby added to the La Quinta Municipal Code as follows: i Chapter 9. ADULT ENTERTAINMENT BUSINESSES Sections: 9. .010 Purpose. 9. .020 Definitions. 9. .030 Police Permit Required. 9. .040 Conditional Use Permit Required. 9. .050 Delineation of AE Zone Boundaries. 9. .060 Revocation of Permits. 9. .070 violation and Penalty. 9. .010 Purpose. .010 The City Council finds that adult entertainment businesses, by their nature, have objectionable secondary effects upon adjacent areas. The purpose of this chapter is to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods, to prevent crime associated with adult entertainment businesses, to maintain the integrity of residential neighborhoods, to protect minors from the secondary effects of adult entertainment businesses, to protect retail trade occuring adjacent to adult entertainment businesses, to maintain property values within the City, and to protect and preserve the quality of life within the City. .020 It is not the intent of this chapter, and this chapter shall not be so construed, to suppress, regulate, or affect in any way the content of communication or expression associated with adult entertainment businesses. .030 The City Council finds that this chapter allows the establishment of adult entertainment businesses at a reasonable number of locations within the City. 9. .020 Definitions. .010 For purposes of this chapter, the term "adult entertainment business" is hereby defined to include the following described uses: A. "Adult Book Store": An establishment having as a substantial or significant portion of its stock in trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or an establishment with a segment or section devoted to the sale or display of such material. 07/09/91 4876u/2588-00 -2- h�. A B. "Adult Business": Either (1) any business which is conducted exclusively for the patronage of adults, and as to which minors are specifically excluded from patronage, either by law or by the operators of such business, except any businesses licensed by the State Department of Alcoholic Beverage Control; or (2) any business, other than those_ expressly specified in this chapter, where employees or patrons expose "specified anatomical areas" or engage in "specified sexual activities"; or (3) any other business or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "specified sexual activities" or "specified anatomical areas" or (4) any dance studio, photographic or modeling studio, or social club, other than those where clientele is composed solely of persons under eighteen (18) years of age. C. "Adult Motion Picture Theater": An enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. D. "Adult Mini Motion Picture Theater": An enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. E. "Adult Motion Picture Arcade": Any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." F. "Baths, Sauna Baths, Massage Establishments": Any business or establishment for which a permit is required pursuant to Chapter 5.32 of the La Quinta Municipal Code. G. "Cabaret": Any business or establishment which conducts, sponsors or allows entertainment subject to Chapter 5.08 of the La Quinta Municipal Code, where such entertainment is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." 07/09/91 4876u/2588-00 -3- .. a H. "Encounter Center" or "Rap Studio": Any business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing "specified sexual activities" or exposing "specified anatomical areas." I. "Escort Bureau or Introduction Services": Any business or establishment which, for any form of consideration or gratuity, provides introductions or companions for the primary purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas." J. "Figure Model Studio": Any business or establishment which provides models or displays which expose "specified anatomical areas" to customers or patrons. R. "Public Dance Hall": Any business or establishment subject to Chapter 5.12 of the La Quinta Municipal Code which conducts, sponsors or allows dancing which is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." .020 For purposes of this chapter, the term "Specified Sexual Activities" shall include any of the following: A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophila, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or B. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or D. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or E. Masochism, erotic or sexually oriented torture, beating or the infliction or pain; or F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or 07/09/91 4876u/2588-00 -4- G. Human excretion, urination, menstruation, vaginal or anal irrigation. .030. For purposes of this chapter, the term "specified anatomical areas" shall include any of the following: A. Less than completely and opaquely covered (1) human genitals or pubic region; (2) buttocks; or (3) female breast below a point immediately above the top of the areola; or B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 9. .030 Police Permit Required. .010 Any applicant for a conditional use permit for an adult entertainment business shall make application for a police report to the chief of police, or his designated representative. Prior to submitting such application, a nonrefundable fee shall be paid to the city clerk to defray, in part, the cost of investigation and report required by this chapter. The city clerk shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is submitted. Such application does not authorize the applicant to operate an adult entertainment business. .020 Each application for a police permit shall contain the following information: (a) The full, true name and any other names used by the applicant. (b) The present address and telephone number of the applicant. (c) The previous addresses of applicant, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each. (d) The applicant's height, weight, color of eyes and hair and date and place of birth. (e) Two photographs of the applicant at least 2" x 2" taken within the last six months. (f) Business, occupation or employment history of the applicant for the five (5) years immediately preceding the date of application. 07/09/91 4876u/2588-00 -5- :W (g) The business license history of the applicant and whether such applicant, in previous operations in this or any other city, state, or territory, under license, has had such license or permit for an adult entertainment business or similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (h) All convictions within the last five years of any crime involving dishonesty, fraud, deceit, or moral turpitude. (i) If the applicant is i the corporation shall be set forth articles of incorporation or chart( and date of incorporation, and the of its current officers and directc holding more than five percent (5%; corporation. If the applicant is i shall set forth the name, residence of the partners, including limited is a limited partnership, it shall certificate of limited partnership -1.- -1, TF nnc nr mnrP of t'hP_ Dart] corporation, the name of exactly as shown in its r, together with the place names and addresses of each rs, and each stockholder of the stock in the partnership, the applicant address and dates of birth partners. If the applicant furnish a copy of its filed with the county ers is a corporation, the provisions of this subsection pertaining to corporations snail apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged. (j) Such other identification and information as th police department may reasonably require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (k) The chief of police may require the applicant to furnish fingerprints. .030 The applicant, if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally appear at the police department and produce proof that a nonrefundable application fee, established by resolution of the City Council, has been paid and shall present the application containing the aforementioned and described information. .040 The chief of police shall have thirty (30) days to investigate the application and the background of the applicant. Upon completion of the investigation, the chief of police shall grant the permit if he finds that: 07/09/91 4876u/2588-00 -6- (a) The required fee has been paid. (b) The application conforms in all respects to the provisions of this chapter. (c) The applicant has not knowingly made a material misrepresentation in the application. (d) The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not within the last five years been convicted in a court of competent jurisdiction of any crime involving dishonesty, fraud, deceit, or moral turpitude. .050 If the chief of police, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this chapter, he shall notify the city manager of such opinion and, within thirty (30) days of the date of application, provide copies of the investigation report to the city manager. The city manager shall within ten (10) days, grant the permit or deny the application and notify the applicant by certified mail of such denial. Any applicant who is denied a permit by the city manager may appeal such denial to the city council pursuant to the provisions of this chapter. 9. .040 Conditional Use Permit Required. 0.10 Notwithstanding any other provision of the La Quinta Municipal Code to the contrary, no person shall establish, conduct, operate, or maintain any adult entertainment business as defined in Chapter 9. .020 of this code on any property in the City of La Quinta without having first obtained a conditional use permit therefor pursuant to the provisions of Chapter 9.172 of this title. .020 Notwithstanding any other provision of this code to the contrary, no conditional use permit shall be granted by the City for any adult entertainment business unless each of the following findings is made: A. The premises upon which the adult entertainment business is proposed to be located is not located within 1,000 feet of any lot upon which there is located a place of religious worship; public, private or parochial elementary, junior high or high school; or public park or playground. 07/09/91 4876u/2588-00 -7- B. The premises upon which the adult entertainment business is proposed to be located is not located within 1,000 feet of any lot upon which there is located any other adult entertainment business as defined in Chapter 9. .020 of this code. C. The premises upon which the adult entertainment business is proposed to be located is not located within feet of any lot zoned for residential use. D. The premises upon which the adult entertainment business is proposed to be located is located in the adult entertainment (AE) overlay zone, as defined in section 9. .050 of this code. E. The exterior appearance of the structure in which the adult entertainment business is proposed to be located will be consistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood. F. The exterior appearance of the structure will not cause blight, deterioration or substantially diminish or impair property values within the neighborhood. G. The applicant has received a police permit pursuant to Section 9. .030 of this Code. .040 For the purposes of subsection .020 above, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as a part of the premises where said adult entertainment business is conducted to the nearest property line of any lot or premises described in A through D of that subsection. 9. .050 Delineation of AE Zone Boundaries. .010 Areas of the City of La Quinta hereby designated as being within the Adult Entertainment (AE) overlay zone are those parcels located in whole or in part within six hundred (600) feet from the centerline of State Highway 111. .020 The zoning designation for the parcel shall constitute the base or underlying zone and the AE designation shall constitute an overlay zone. In the event of conflicting provisions between the underlying zone and the AE overlay zone regulations, the requirements and restrictions of the AE overlay zone shall take precedence over the requirements of the underlying zone. 07/09/91 4876u/2588-00 -8- 9. .060 Revocation of Permits. The city manager may, based on evidence that any of the provisions of this chapter have been violated, suspend or revoke a police permit or conditional use permit; provided that written notice by certified mail of such suspension or revocation is furnished to the permittee. The permittee, within ten (10) days after receipt of notice of suspension or revocation, may file an appeal with the city clerk to be taken to the city council. In the event an appeal is timely filed, the suspension or revocation shall not take effect until final decision has been rendered by the council. If the permittee fails to take an appeal within the ten-day filing period provided herein, suspension or revocation shall take effect immediately upon expiration of such filing period. 9. .070 Violation and Penalty .010 Every person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employer or operator, or whether acting as a participant or worker who in any way operates, manages or conducts any adult entertainment business as defined in Chapter 9. .020 without first obtaining a conditional use permit from the City or who shall violate any provisions of this chapter, shall be guilty of a misdemeanor. Any person violating any of the provisions of this chapter shall be fined not less than One Hundred Dollars ($100.00) for each offense. Each day such violation shall continue shall be regarded as a separate offense. .020 Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law and shall take such other steps and shall apply to such court or courts as may here jurisdiction to grant such relief as will abate or remove such establishment or activities defined in Chapter 9. and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter. Section 2. Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not 07/09/91 4876u/2588-00 -9- �; its :1 ■ affect the other provisions of this Chapter which can be given effect without the invalid provision or application, and to this end the provisoons of this Chapter are declared to be severable. Section 3. Effective Date. This Chapter 9. shall be effective thirty (30) days from and after the date of its adoption. The foregoing ordinance was introduced at a regular meeting of the City Council of the City of La Quinta on the day of , 1991, and was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 07/09/91 4876u/2588-00 -10- DRAFT Title 7 7.02 Genera Regulation and Administration 7.04 Historic Preservation Commission 7.06 Historic Resources, Historic Landmarks and Historic Districts 7.08 Permits and Permit Procedure 7.10 Enforcement. Penalties and Severability Chapter 7.02 GENERAL REGULATION AND ADMINISTRATION Sections• 7.02.010 Short Title. 7.02.020 Purpose and Intent. 7.02.030 Boundaries and Areas of Application. 7.02.040 Definitions. 7.02.050 Review of Development Plan. 7.02.010 Short Title. This title shall be known as the "historic preservation ordinance." 7.02.020 Purpose and Intent. It is the intent and purpose of this title to: (1) Effect and accomplish the protection, enhancement and perpetuation of historic resource, landmarks and districts that represent or reflect elements of the City's cultural, social, economic, political and architectural history; (2) Safeguard the City's historic heritage, as embodied and reflected in its historic resources, landmarks and historic districts; (3) Stabilize and improve property values; (4) Foster civic pride in the character and accomplishments of the past; (5) Protect and enhance the City's attractions to residents, tourists and visitors and serve as a support and stimulus to business and industry; (6) Strengthen the economy of the City; (7) Promote the use of historic districts and landmarks for the education, pleasure and welfare of the people of the City. (Ord. 9776 §1(part), 1985). 7.02.030 Boundaries and Areas of Application. This title shall apply to all historic resources, publicly and privately owned, within the corporate limits of the City. 7.02.040 Definitions. Whenever the following words or terms are used in this title they shall have the meaning established by this section: (1) "Alteration" means any change or modification, through public or private action, of any historic resource or of any property located within a historic district, including, but not limited to, exterior changes to or modifications of a structure or any of its architectural details or visual characteristics, including paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbances of archeological sites or areas, and the placement or removal of any objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the historic qualities of the property. (2) "Archaeological site" means an area where remains of man or his activities prior to keeping of history are still evident. (3) Certificate of appropriateness" means a certificate issued by the city council approving such plans, specifications, design or statements of work, for any proposed alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to an historic resource or to any improvement within historic district. (4) "Commission" means the historic preservation commission established by this title. (5) "Contributing structure" means a structure within a designated historic district which has a special character, special historic or aesthetic interest or value, and is incorporated into the district for that reason. (6) "Exterior architectural feature" means the architectural style, design, general arrangement, components and natural features and all the outer surfaces of the improvement, including, but not limited to, the kind and 07/09/91 6198u/2588/000 -2- texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences and other fixtures appurtenant to such improvement, and the natural form and appearance of any grade, rock, body of water, stream, tree, plant, shrub, road, path, walkway, plaza, fountain, sculpture or other form of natural or artificial landscaping. (7) "Historic district" means any area which contains one or more historic resources or landmarks which as a special character or special historical value, along with other structures, cultural, architectural, archaeological, community or aesthetic value, or which represent one or more architectural periods or styles typical to the history of the City, that has been designated a historic district pursuant to this title. (8) "Historic resource" means improvements, buildings, landscape, structures, signs, features, sites, places, areas or other objects of scientific, aesthetic, educational, cultural, architectural or historic significance to the citizens of the City. (9) "Historic resources inventory" means the historic resources inventory adopted and maintained by council pursuant to Chapter 7.06 of this title. (10) "Improvement" means any building, structure, place, site, structural work of art, landscape feature, plant life, life -form, scenic condition, parking facility, fence, gate, wall or other object constituting a physical betterment of real property, or any part of such betterment. (11) "Landmark" means any property or improvement, manmade or natural, which has special historic, cultural, architectural, archaeological, community interest or value as part of the development, heritage or history of the City, the State of California or the nation, and that has been designated as a landmark pursuant to this title. (12) "Ordinary maintenance" means any cleaning, painting and restoration which does not result in the alteration of an improvement or landmark. (13) "Paleontological site" means an area where fossilized or otherwise preserved remains of plants or animals which generally predate manns emergence on the earth are still evident. (14) "Person" means any individual, association, partnership, firm, corporation, public agency or political subdivision. 07/09/91 6198u/2588/000 -3- (15) "Secretary of the Interior's Standards for Rehabilitation" means the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings by the U.S. Department of the Interior, National Park Service. (16) "Site" means any parcel or portion of real property which has special character or special historic cultural, archaeological, architectural, community or aesthetic value. 7.02.050 Review of Development Plan. As part of the environmental review of development projects affecting historic resources, the plans and application shall be referred to the historic preservation commission for review. The commission may recommend that specific environmental studies be done as part of the environmental review for the project. The commission shall receive notice of all environmental review decisions on a project potentially affecting an historical resource and may submit written comments to the land use planning manager. Chapter 7.04 HISTORIC PRESERVATION COMMISSION 7.04.010 Creation. 7.04.020 Composition --Appointment. 7.04.030 Duties. 7.04.040 Organization, Rules and Procedures. 7.04.010 Creation. Pursuant to this title of this code a historic preservation commission is created. (Ord. 9776 §1(part), 1985). (a) The historic preservation commission shall consist of five members. All members of the commission must have knowledge of and a demonstrated interest in historic preservation and of local history. The commission shall, if possible, be composed of members having the following qualification: (1) Two members, each of whom has a different recognized expertise in architecture, archaeology, history, geology, engineering or geology or related field; (2) One member who has an interest in local history and has resided in the community for at least twenty years; 07/09/91 6198u/2588/000 -4- (3) One member at large from the community with an interest in local history; (4) One planning commissioner. (b) All members of the commission must be registered voters. Appointment to the historic preservation commission shall be made by the city council and the commissioners shall serve at the city council's pleasure. Of the five members of the commission first appointed under this chapter, two members shall be appointed for one year, and three members shall be appointed for two years. The successors shall be appointed for terms of two years. If a vacancy occurs other than by expiration of a term, it shall be filled by appointment by the city council for the unexpired portion of the term. Each member shall hold office until reappointed or a successor is appointed and has been qualified. 7.04.030 Duties. (a) The Commission shall act in an advisory capacity to the city council, planning commission and design review board in all matters relating to the identification, protection, retention and preservation of historic areas and sites within the City. (b) It shall be the responsibility of the commission to provide advice to the city council on the following matters: (1) Criteria for guidelines to be used in a comprehensive historic survey of properties within the City; (2) The designation of historic landmarks or historic districts; (3) Sites and areas to be considered for listing on LaQuinta's historic resources inventory; (4) The adoption of standards to be used by the commission in reviewing applications for permits to construct, change, alter, modify, remodel„ remove or significantly affect any historic area or site; (5) The purchase of interests in property for purposes of historic preservation; (6) Any other matter which the city council deems necessary to protect historical resources. 07/09/91 6198u/2588/000 -5- e (c) The commission shall be responsible for: (1) Reviewing the conduct of land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the City, the county or state, as they relate to the historic preservation of the community; (2) Publicizing and periodically updating survey results; (3) Maintaining LaQuinta historic resources inventory; (4) Maintaining a local register of historical areas and sites within the City; (5) Performing any other functions that may be designated by the city council. 7.04.040 0,ganization Rules and Procedures. The historic preservation commission shall establish such rules, regulations and procedures not inconsistent with this chapter for the transaction of business and shall keep a public record of its resolutions, transactions, findings and determinations. Chapter 7.06 HISTORIC RESOURCES HISTORIC LANDMARKS AND HISTORIC DISTRICTS Sections• 7.06.010 Establishment of Historic Resources Inventory. 7.06.020 Criteria for Historic Resources Inventory. 7.06.030 Historic Landmark Designation Procedures. 7.06.040 Historic District Designation Procedures. 7.06.010 Establishment of Historic Resources Inventorv. The city council shall establish and maintain a historic resources inventory. 7.06.020 Criteria for Historic Resources Inventory. A historic resource may be considered for inclusion in the historic resource inventory based on one or more of the following: (1) It exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, engineering or architectural history; or 07/09/91 6198u/2588/000 -6- Y � vo1*fit (2) It is identified with persons or events significant in local, state or national history; or (3) It embodies distinctive characteristics of a style, type, period or method of construction, is a valuable example of the use of indigenous materials or craftsmanship or is representative of a notable work of an acclaimed builder, designer or architect; or (4) It is an archaeological, paleontological, botanical, geological, topographical, ecological or geographical site which has the potential of yielding information of scientific value; or (5) It is a geographically definable area possessing concentration of site, buildings, structures, improvements or objects linked historically through location, design, setting, materials, workmanship, feeling and/or association, in which the collective value of the improvements may be greater than the value of each individual improvement. 7.06.030 Historic Landmark Designation Procedures. Historic landmarks shall be established by the city council in the following manner: (a) Any person may request the designation of an improvement or landscape feature as a historic landmark by submitting a written request for such designation to the historical preservation commission. The historical preservation commission, planning commission, design review board or city council may also initiate such proceedings by motion. (b) Any such request shall be filed with the planning department upon prescribed forms and shall include the following data: (1) Name and address of property owner and assessor's parcel number and address of site; (2) Description of the proposed landmark, including special aesthetic, cultural, architectural or engineering interest or value of a historic nature, including information about the architecture, notable features, construction and other information indicating the historical significance of the site; (3) Sketches, photographs or drawings; (4) Statement of condition of structures; 07/09/91 6198u/2588/000 -7- (5) Explanation of any known threats to the improvement of the site; (6) Additional information: (A) Site plan in appropriate scale; (B) Legal description of the property; (C) Photographs, old and recent; (D) Proposed use; (E) Existing zoning; (F) Bibliography and references; (G) Chain of title, if available. (c) Within forty-five days of the date of the request, the commission shall hold a public hearing to review the landmark application according to the criteria of Section 7.06.020. (d) Notice of the public hearing shall be given as provided in Section of this code. In addition, notice of the date, place, time and purpose of the hearing shall be mailed, return receipt requested, to the owner of the proposed landmark property as shown on the last equalized assessment role at least fourteen days prior to the date of the public hearing. Failure to send notice by mail to any property owner when the address of such owner is not on the latest equalized assessment role shall not invalidate any proceedings in connection with the proposed designation. (e) A notice of the request for designation as a historical landmark shall be forwarded to the building department and no building or demolition permits for any alteration to any exterior architectural feature of the proposed landmark shall be issued while the matter is pending final decision. (f) After the public hearing, the commission shall be resolution make a report and recommendation to the city council. If the commission determines that the improvement does not meet landmark criteria, the process shall terminate and the commission shall notify the property owner and applicant of such termination in writing within ten days of the commission's determination. If the commission determines that the cultural resource warrants landmark designation and the property owner has consented to same in writing, then the commission shall submit a written recommendation to the city 07/09/91 6198u/2588/000 -8- council incorporating its reasons in support of the proposed landmark designation. Without the property owner's consent to the proposed designation, the proposed shall terminate. (g) The city council shall hold a public hearing on the proposed historic landmark designation within thirty days of the receipt of the recommendation for the commission. (h) At the conclusion of the public hearing on the proposed designation, the city council shall, by resolution, designate or conditionally designate, or disapprove the designation of the historic landmark. Written notice of the city council action shall be mailed to the property owner. 7.06.040 Historic District Designation Procedures. Historic districts shall be established by the city council in the following manner: (a) The procedures for designating a historic district shall be the same as for designating a historic landmark, except as otherwise provided in this Section. (b) Any application for designation of a historic district shall be filed with the planning department upon the prescribed form and shall include the following data: (1) Boundaries of the proposed district and a list of names and addresses of property owners, assessor's parcel numbers and addresses of properties within the boundaries; (2) Description of the proposed historic district, including special aesthetic, cultural, architectural or engineering interest or value of a historical nature; (3) Sketches, photographs or drawings; (4) Statement of condition of structures and improvements within the district; (5) Explanation of any known threats to any cultural resource within the district; (6) Other information requested by the planning department. (c) If written consent of two-thirds of the owners of property within the proposed district to the proposed designation is not obtained at the time of the historic preservation commission hearing, the process shall terminate and the commission shall notify the property owners and applicant of said termination within fourteen days of the commission's determination. 07/09/91 6198u/2588/000 -9- (d) If the commission determines that the area warrants historic district designation, it shall submit a written recommendation to the city council incorporating its reasons in support of the proposed historic district designation, within fourteen days of reaching its decision. Such recommendation shall include a report containing the following information: (1) A map showing the proposed boundaries of the historic district and identifying all structures within the boundaries, contributing or noncontributing; (2) An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries; (3) Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, parking regulations and any other modification to existing development standards necessary or appropriate to the preservation of the proposed historic district; (4) Proposed design guidelines for applying the criteria for review of certificates of appropriateness to the nominated historic district. 7.08.010 Permits to Work on Historic Resources, Historic Landmark or Historic District. 7.08.020 Permit Procedure. 7.08.030 Permit Criteria. 7.08.040 Duty to Keep in Good Repair. 7.08.050 Existing Improvements. 7.08.010- Landmark or Historic District. (a) It is unlawful for any person to tear down, demolish, construct, alter, remove or relocate any improvement or any portion thereof which has been designated a historic landmark pursuant to the provisions of this chapter, or which lies within an historic district, or to alter in any manner any feature of such a historic landmark, historic landmark site or improvement within a historic district without first obtaining a permit in the manner provided in this chapter. 07/09/91 6198u/2588/000 -10- (b) No board, department or commission shall grant any permit to carry out such work on a designated historic landmark, historic landmark site or within a'historic district, unless a permit has previously been issued by the city council as provided in this chapter. No application for a building permit, demolition permit, grading permit, redevelopment permit, conditional use permit, variance, development plan, zone change, tentative parcel or subdivision maps or any other permit which would allow the attention of a historical landmark, historical landmark site or any improvement in a historical district shall be deemed complete unless a permit has previously been issued pursuant to this chapter. (c) No permit shall be necessary for ordinary maintenance and repair if the proposed work will not alter or change the style, color, design, features or character of the site or area and a permit is not required under §301(b) of the Uniform Building Code, nor does this'chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when the building department certifies to the council that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code. (d) The permit required by this chapter shall be in addition to any other permit required for a proposed project. 7.08.020 Permit Procedure. (a) An application for a permit to do work in a historic district or on a historical landmark shall be submitted to the development processing division on forms designated by the land use planning manager. This application must include the plans and specifications for the proposed work. Within thirty days from the receipt of said complete application the commission shall review the application and shall make a written report to the city council. The city council shall hold a public hearing on the application within thirty days of receipt of the commission report. Notice of the public hearing shall be given as provided in Section 21.54.060(b) of this code. (b) At the conclusion of the public hearing on the permit application, the city council shall, be resolution, issue or deny, in whole or in part, any permit application. 7.08.030 Permit Criteria. The city council shall issue a permit for an proposed work if, and only if, it determines: 07/09/91 6198u/2588/000 -11- (1) In the case of a designated historical site, that the proposed work would not detrimentally alter, destroy or adversely affect any architectural or landscape feature; (2) If the owner of a designated historical site or area demonstrates to the city council that such property cannot be economically used and denial of a permit would deprive the owner of all or most of his or her economic interest in the property, the council may issue the permit with an effective date one hundred eighty days from the date o issuance of the permit to allow time for the investigation of alternatives to the work proposed in the permit application such as acquisition of site or improvement by the City or a public interest group; (3) In the case of construction of a new improvement, building or structure upon an historical site, that the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, building and structures in said site; (4) That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfaction of the city council that such disapproval will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work, whether this be property owner, tenant or resident, or because of conditions peculiar to the particular improvement, building or structure or other feature involved, and that approval of the application will be consistent with the purposes of this chapter. 7.08.040 Duty to Keep in Good Repair. The owner, occupant or other person legally responsible for a historic landmark or historic district shall keep in good repair all portions of such historic landmark, district or site when subject to control as specified in the designating ordinance or permit and all interior portions and appurtenances thereof whose maintenance is necessary to prevent deterioration and decay of the resource. It shall be the duty of the building director or designee to enforce this section. 7.08.050 Existing Improvements. All repairs, alterations, reconstructions, restorations or changes in use of existing improvements shall conform to the requirements of the California Historical Building Code. 07/09/91 6198u/2588/000 -12- 7.10.010 Enforcement. 7.10.020 Restitution. 7.10.010 Enforcement (a) Whenever any alteration, demolition, relocation, construction or grading of any site is being done contrary to the provisions of this title, the director of building and planning or designee may order the action stopped by notice in writing served on any person or persons engaged in the doing or causing such action, and any such person or persons shall forthwith stop such alteration until authorized by the director of building and planning or designee to proceed. (b) It shall be unlawful for any person to carry out any work on any building, structure or site in violation of a notice stopping such work. (c) Any violation of the provisions of this title shall constitute a public nuisance. 7.10.020 Restitution. Upon damage, destruction or removal of a cultural resource, historic landmark or historic district without permit, the preservation commission shall review the action and make recommendation for restitution commensurate with damage inflicted, specifically assessing the cultural, as well as economic, value of the resource destroyed. 07/09/91 6198u/2588/000 -13- MINUTES PLANNING COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78-105 Calle Estado, La Quinta, California January 14, 1992 I. CALL TO ORDER 7:00 P.M. A. The meeting was called to order at 7 : 00 P.M. by Chairwoman Barrows. The Flag Salute was led by Commissioner Marrs. II. ROLL CALL A. Chairwoman Barrows requested the roll call. Present: Commissioners Mosher, Ladner, Ellson, Marrs, and Chairwoman Barrows. B . Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, Associate Planner Greg Trousdell, and Department Secretary Betty Anthony. III. PUBLIC HEARINGS A. Preannexation Zoning 91-068 and General Plan Amendment 91-039; a request of Valley Land Development to change the boundaries for the zoning classification and a new zoning classification and land use designation for a portion of the property adjacent to Washington Street. 1. At the request of the Applicant, Commissioner Ellson moved and Commissioner Ladner seconded a motion to table the applications. The matter would be re -noticed at the request of the Applicant. ROLL CALL VOTE: AYES: Commissioners Mosher, Marrs, Ladner, Ellson, & Chairwoman Barrows. NOES: None. ABSENT: None. ABSTAINING: None. C. Plot Plan 91-466 and Variance 91-019; a request of Simon Plaza to develop a mixed use commercial complex which will include the development of multiple story buildings and a four level parking structure on 5.5+ acres zoned Scenic Highway Commercial. A variance is requested to reduce the on -site off-street parking standards and to deviate from the setback requirements of the Municipal Code. PCMINI-14 1 Planning Commission Minutes January 14, 1992 1. Associate Planner Greg Trousdell presented the information contained in the Staff report, and presented the information contained in the shared parking study received that day, a copy of which is on file in the Planning and Development Department. 2. Assistant City Engineer Steve Speer explained to the Commission the amount of right-of-way needed for the radius at Highway 111 and Washington Street (r=55' curb radius return) . 3. There being no questions of Staff, Chairwoman Barrows opened the Public Hearing. Mr. Philip Pead, applicant, addressed the Commission regarding his project. Mr. John Sanborn gave a review of the computer architectural renderings presented to the Commission at the meeting. 4. Commissioner Marrs asked the Applicant what the setback was for the office complex on the renderings. Mr. Sanborn stated it is shown as it exists today. 5. Mr. Pead continued his presentation and stated his concern regarding conditions #14, #16, #18, #25.C, 25.E, 25.J, #38, #40- #45, #49, #53, #60, #64, and #65. 6. Commissioner Mosher asked how much acreage would be required to widen Washington Street. Mr. Pead clarified that if the City were to just widen Washington Street it would cause the existing corner parcel to be undevelopable thus requiring the City to buy the entire parcel. 7. Commissioner Ellson asked what the original acreage of the property was. Mr. Pead stated it was originally 13 acres. Mr. Fred Simon, owner, stated that Simon Motors was on 5.2 acres, the corner parcel was originally 9.7 acres and 5.66 after the dedication. He further stated that the construction of Simon Drive was done at the request of the County. Commissioner Ellson asked if the road was required in order to give Simon Motors an entrance off Highway 111. Mr. Simon stated it was not. Commissioner Ellson asked the Applicant to explain how the drainage was to be handled. Mr. Sanborn stated the original project had dry wells installed. He stated they would allow the City to install storm drains to accommodate the entire area. The water would egress into an underground system. 8. There being no further questions of the Applicant and as no one else wished to address the Commission regarding this matter, Chairwoman closed the Public Hearing. PCMINI-14 2 Planning Commission Minutes January 14, 1992 9. Commissioner Ladner asked Staff to clarify what they were recommending in Condition #38 regarding setbacks. Staff explained that the landscape setbacks are a standard Engineering Department condition. Commissioner Ladner then asked Staff to explain the Redevelopment funding process. Planning Director Jerry Herman explained that the disbursement of Redevelopment funds was at the total discretion of the Redevelopment Agency which is made up of the members of the City Council. Funds are distributed at the discretion of the Agency. Commissioner Ladner asked if the Variance addressed the two story building or is it addressed in Condition #25 of the plot plan. Staff stated it was covered in Condition #25. F. 10. Commissioner Ellson asked how the servicing of the restaurants, etc. would be handled. She suggested that the Applicant consider moving the building next to Simon Motors to the west allowing a back alley access to the buildings. Discussion followed relative to truck deliveries and trash enclosure location alternatives. Commissioner Ellson then asked if the parcels presently subdivided would have to comply with the current setbacks. Planning Director Jerry Herman stated they would have to comply. Discussion followed as to the density of this project versus the project to the north. 11. Chairwoman Barrows inquired as to what the Applicant would be doing for the Art in Public Places display. Mr. Pead stated it was planned to be in the area of the octagon restaurant. Discussion followed as to alternative locations. 12. Commissioner Ellson stated she felt the design needed to have some additional architecture elements (e.g. fountain) to make it stand out because the project is located at the City's main entrance. 13. Chairwoman Barrows stated her concern that the project landscaping should include the use of a desert tolerant plant pallet. 14. Commissioner Mosher stated his concern regarding the proposed landscaping setbacks and proposed building heights on Washington Street. He felt the planning integrity of Washington Street would be violated if this project were allowed to proceed as proposed. He further stated he did not feel the Applicant addressed the concerns expressed to them at the last meeting. 15. There being no further discussion it was moved by Commissioner Mosher to adopt Planning Commission Resolution 92-001 denying Variance 91-019. Commissioner Ellson seconded the motion. PCMINI-14 3 Planning Commission Minutes January 14, 1992 ROLL CALL VOTE: AYES: Commissioners Mosher, Ladner, Ellson, & Chairwoman Barrows. NOES: Commissioner Marrs. ABSENT: None. ABSTAINING: None. Commissioner Mosher moved and Commissioner Ellson seconded a motion to adopt Minute Motion 92-001 approving Plot Plan 91-466 subject to the amended conditions as follows: #37.b. Be corrected to read 55 foot curb return and 45 foot right -of -way. #70. To be added: Provide truck delivery and trash pick up facilities subject to Planning Staff approval. The motion carried with Commissioner Marrs voting No. Commissioner Ellson stated she felt the Commission was upholding their past actions by restricting building heights along Washington Street to one story and that the Planning Commission should be more restrictive on their conditions and City Council should make changes if they feel they are warranted. Chairwoman Barrows stated her agreement. The Commission recessed for a ten minute break. C. Tentative Tract 251541, Extension #1: a request of Valley Land Development for approval of a First One Year Time Extension of Time to create 98 single family lots. 1. Associate Planner Greg Trousdell presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Mosher asked Staff to explain how much of the street right-of-way was on private property and what procedures were available to acquire the land. 3. Commissioner Ladner asked if the City was still in negotiations with the Bangeters for a land swap. Planning Director Jerry Herman stated the Bangeters were still working on an alternative location. 4. Assistant City Engineer Steve Speer explained to the Commission that Sagebrush currently has a private easement for the street and the City would like to have a public ownership. 5. There being no further questions of Staff Chairwoman Barrows opened the Public Hearing. Mr. Tom Thornburgh, applicant, stated the project was three to four weeks from recording and would be starting construction in 30-40 days. PCMINI-14 Planning Commission Minutes January 14, 1992 6. Commissioner Ladner asked Mr. Thornburgh if he would be selling homes or lots. Mr. Thornburgh stated lots only. 7. Mr. Gary Avise, Pare La Quinta Homeowner's Association, spoke concerning the problem of blowsand . The Association would like to see the condition regarding controlling the sand enforced. He further stated they were working with the Applicant regarding the emergency access through Pare La Quinta. 8. Ms. Rosie Zamarripa, Sagebrush resident, stated her concern regarding Sagebrush being the only access for the project. Discussion followed regarding access on Date Palm Drive and the City Council's past action on Tentative Tract 26148. It was noted that the Date Palm Drive connection to 50th Avenue was deleted because the neighbors in the area were opposed. 9. Commissioner Ladner asked if the Applicant would be required to participate in the cost of the signal at Sagebrush and Washington Street. Staff stated it was included in the Conditions of Approval. 10. There being no further discussion, Chairwoman Barrows closed the Public Hearing and opened the matter for Commission discussion. 11. Discussion followed relative to how Tract 26148 to the south, could be conditioned to require Date Palm to be continued to 50th Avenue. 12. There being no further discussion, it was moved by Commissioner Mosher and seconded by Commissioner Marrs to adopt Planning Commission Resolution 92-002 approving a First One Year Time Extension of Time for Tentative Tract 25154. ROLL CALL VOTE: AYES: Commissioners Mosher, Ladner, Ellson, Marrs, & Chairwoman Barrows. NOES: None. ABSENT: None. ABSTAINING: None. V. PUBLIC COMMENT: 1. Mr. Gary Avise, Pare La Quinta Homeowner's Association, addressed the Commission regarding the problem of satellite dishes in their tract. 2. Ms. Audrey Ostrowsky, Cove resident, addressed the Commission regarding guest house problems in the Cove. PCMINI-14 5 Planning Commission Minutes January 14, 1992 VI. BUSINESS SESSION A. Sign Application 91-159; a request of Simon Plaza to install a shopping center identification sign, directional signs and multiple building signs for a future office/commercial facility planned on five and one half acres. 1. At the request of the Applicant, Commissioner Ladner moved and Commissioner Marrs seconded a motion to continue this matter until the City Council has reviewed their actions on Plot Plan 91- 466. Unanimously approved. B. Street Vacation 91-019; a request of the City for determination of the La Quinta General Plan consistency with a proposed street vacation. 1. Principal Planner Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Ellson asked Staff who would obtain ownership of the land. Staff stated it would be divided between the four adjacent property owners. 3. Assistant City Engineer Steve Speer stated the triangular lot would be the recipient of the majority of the land but would not get full entitlement. Discussion followed regarding the shape of the lots and the proposed wall on Washington Street to close off Avenida La Fonda. 4. There being no further discussion, Commissioner Marrs moved and Commissioner Ladner seconded a motion to adopt Minute Motion 92-002 adopting the findings that the vacation of the portion of Calle Paloma and Washington Street is in compliance with the Circulation Element of the General Plan. C . General Plan Consistency of Proposed Whitewater River Slope Construction Program: A request of the City for General Plan consistency. 1. Principal Planner Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Marrs asked Staff if the height of the concrete Stormwater Channel by the Cliffhouse Restaurant was excessive. Staff explained that the Coachella Valley Water District determines the height and it is probably based on 100 year flood design standards. PCMINI-14 6 Planning Commission Minutes January 14, 1992 3. Commissioner Ladner asked who was financially responsible. Staff stated that CVWD was responsible. 4. There being no further discussion, it was moved by Commissioner Ellson and seconded by Commissioner Mosher to adopt Minute Motion 92-003 approving the General Plan consistency of the proposed Whitewater River Slope Construction Program. Unanimously approved. VII. CONSENT CALENDAR A. Commissioner Ellson asked that the Minutes of December 10, 1992, be amended as follows: Page 6, Item D.2. the word their be there; Page 7, Item #8, the word soccer be saucer. There being no further correction, Commissioner Mosher moved and Commissioner Marrs seconded a motion to approve the Minutes as corrected. Unanimously approved. VIII. OTHER A. Planning Director Jerry Herman asked the Commissioners for their input regarding the development of Annexation #5 area. The following concerns were expressed by the Commissioners: 1. Provide narrower streets to enhance rural feeling. 2. Provide larger minimum lot sizes for R-1 zones (i. e. , R-1 10, 000, R-1 15,000, R-1 20,000 etc.). 3. Maintain a rural atmosphere. 4. Provide new planned development overlay (PD) which can be utilized in R-1 zones. This would allow normal detached lots with common areas and facilities such as an equestrian center and trail system throughout the subdivision. 5. Provide subdivisions with larger perimeter landscape areas adjacent to major arterials. These landscaping areas could vary in size from 50 feet to 100 feet or more. 6. Provide through the PUD process developments having smaller lots in conjunction with large open space areas spread out throughout the subdivision. 7. Create additional land use density categories. Presently there is a very low (0-2) and low density (2-4) categories. Additional categories such as 0-1 dwelling units per acre, 1-2 dwelling units per acre, 2-3 dwelling units per acre, 3-4 dwelling units per acre could be created. PCMINI-14 Planning Commission Minutes January 14, 1992 B. Overview of Specific Plan 91-012 and Change of Zone 91-070, the Tucker Development. 1. Planning Director Jerry Herman presented a brief overview of the proposed project and the Commission asked questions regarding the ownership of the land and the timing of the project. C . Discussion of accessory structures. 1. The Commissioners identified what accessory structures were and instructed Staff to contact other cities to determine possible alternative to solving the problem. D . Planning Director Jerry Herman informed the Commissioners there would be a joint meeting of the City Council and Planning Commission on Wednesday, February 12, 1992, for the General Plan Update. IX. ADJOURNMENT A motion was made by Commissioner Ladner and seconded by Commissioner Marrs to adjourn this regular meeting of the Planning Commission to a regular meeting on January 28, 1992, at 7:00 P.M. in the La Quinta City Hall Council Chambers. This meeting of the La Quinta Planning Commission was adjourned at 10:00 P.M. , January 14, 1992. PCMINI-14 8 MINfUTES PLANNING COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78-105 Calle Estado, La Quinta, California January 14, 1992 I. CALL TO ORDER 7:00 P.M. A. The meeting was called to order at 7:00 P.M. by Chairwoman Barrows. The Flag Salute was led by Commissioner Marrs. II. ROLL CALL A. Chairwoman Barrows requested the roll call. Present: Commissioners Mosher, Ladner, Ellson, Marrs, and Chairwoman Barrows. B . Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, Associate Planner Greg Trousdell, and Department Secretary Betty Anthony. III. PUBLIC HEARINGS A. Preannexation Zoning 91-068 and General Plan Amendment 91-039; a request of Valley Land Development to change the boundaries for the zoning classification and a new zoning classification and land use designation for a portion of the property adjacent to Washington Street. 1. At the request of the Applicant, Commissioner Ellson moved and Commissioner Ladner seconded a motion to table the applications. The matter would be re -noticed at the request of the Applicant. ROLL CALL VOTE: AYES: Commissioners Mosher, Marrs, Ladner, Ellson, & Chairwoman Barrows. NOES: None. ABSENT: None. ABSTAINING: None. C. Plot Plan 91-466 and Variance 91-019; a request of Simon Plaza to develop a mixed use commercial complex which will include the development of multiple story buildings and a four level parking structure on 5.5+ acres zoned Scenic Highway Commercial. A variance is requested -to reduce the on -site off-street parking standards and to deviate from the setback requirements of the Municipal Code. PCMINI-14 Planning Commission Minutes January 14, 1992 1. Associate Planner Greg Trousdell presented the information contained in the Staff report, and presented the information contained in the shared parking study received that day, a copy of which is on file in the Planning and Development Department. 2. Assistant City Engineer Steve Speer explained to the Commission the amount of right-of-way needed for the radius at Highway 111 and Washington Street (r=55' curb radius return) . 3. There being no questions of Staff, Chairwoman Barrows opened the Public Hearing. Mr. Philip Pead, applicant, addressed the Commission regarding his project. Mr. John Sanborn gave a review of the computer architectural renderings presented to the Commission at the meeting. 4. Commissioner Marrs asked the Applicant what the setback was for the office complex on the renderings. Mr. Sanborn stated it is shown as it exists today. 5. Mr. Pead continued his presentation and stated his concern regarding conditions #14, #16, #18, #25 . C, 25. E, 25. J, #38, #40- #45, #41.1, #53, #60, #64, and #65. 6. Commissioner Mosher asked how much acreage would be required to widen Washington Street. Mr. Pead clarified that if the City were to just widen Washington Street it would cause the existing corner parcel to be undevelopable thus requiring the City to buy the entire parcel. 7. Commissioner Ellson asked what the original acreage of the property was. Mr. Pead stated it was originally 13 acres. Mr. Fred Simon, owner, stated that Simon Motors was on 5.2 acres, the corner parcel was originally 9.7 acres and 5.66 after the dedication. He further stated that the construction of Simon Drive was done at the request of the County. Commissioner Ellson asked if the road was required in order to give Simon Motors an entrance off Highway 111. Mr. Simon stated it was not. Commissioner Ellson asked the Applicant to explain how the drainage was to be handled. Mr. Sanborn stated the original project had dry wells installed. He stated they would allow the City to install storm drains to accommodate the entire area. The water would egress into an underground system. 8. There being no further questions of the Applicant and as no one else wished to address the Commission regarding this matter, Chairwoman closed the Public Hearing. PCMINI-14 Planning Commission Minutes January 14, 1992 9. Commissioner Ladner asked Staff to clarify what they were recommending in Condition #38 regarding setbacks. Staff explained that the landscape setbacks are a standard Engineering Department condition. Commissioner Ladner then asked Staff to explain the Redevelopment funding process. Planning Director Jerry Herman explained that the disbursement of Redevelopment funds was at the total discretion of the Redevelopment Agency which is made up of the members of the City Council. Funds are distributed at the discretion of the Agency. Commissioner Ladner asked if the Variance addressed the two story building or is it addressed in Condition #25 of the plot plan. Staff stated it was covered in Condition #25.F. 10. Commissioner Ellson asked how the servicing of the restaurants, etc. would be handled. She suggested that the Applicant consider moving the building next to Simon Motors to the west allowing a back alley access to the buildings. Discussion followed relative to truck deliveries and trash enclosure location alternatives. Commissioner Ellson then asked if the parcels presently subdivided would have to comply with the current setbacks. Planning Director Jerry Herman stated they would have to comply. Discussion followed as to the density of this project versus the project to the north. 11. Chairwoman Barrows inquired as to what the Applicant would be doing for the Art in Public Places display. Mr. Pead stated it was planned to be in the area of the octagon restaurant. Discussion followed as to alternative locations. 12. Commissioner Ellson stated she felt the design needed to have some additional architecture elements (e.g. fountain) to make it stand out because the project is located at the City's main entrance. 13. Chairwoman Barrows stated her concern that the project landscaping should include the use of a desert tolerant plant pallet. 14. Commissioner Mosher stated his concern regarding the proposed landscaping setbacks and proposed building heights on Washington Street. He felt the planning integrity of Washington Street would be violated if this project were allowed to proceed as proposed. He further stated he did not feel the Applicant addressed the concerns expressed to them at the last meeting. 15. There being no further discussion it was moved by Commissioner Mosher to adopt Planning Commission Resolution 92-001 denying Variance 91-019. Commissioner Ellson seconded the motion. PCMINI-14 3 Planning Commission Minutes January 14, 1992 ROLL CALL VOTE: AYES: Commissioners Mosher, Ladner, Ellson, & Chairwoman Barrows. NOES: Commissioner Marrs. ABSENT: None. ABSTAINING: None. Commissioner Mosher moved and Commissioner Ellson seconded a motion to adopt Minute Motion 92-001 approving Plot Plan 91-466 subject to the amended conditions as follows: #37 . b . Be corrected to read 55 foot curb return and 45 foot right-of-way. #70. To be added: Provide truck delivery and trash pick up facilities subject to Planning Staff approval. The motion carried with Commissioner Marrs voting No. Commissioner Ellson stated she felt the Commission was upholding their past actions by restricting building heights along Washington Street to one story and that the Planning Commission should be more restrictive on their conditions and City Council should make changes if they feel they are warranted. Chairwoman Barrows stated her agreement. The Commission recessed for a ten minute break. C. Tentative Tract 25154, Extension #1: a request of Valley Land Development for approval of a First One Year Time Extension of Time to create 98 single family lots. 1. Associate Planner Greg Trousdell presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Mosher asked Staff to explain how much of the street right-of-way was on private property and what procedures were available to acquire the land. 3. Commissioner Ladner asked if the City was still in negotiations with the Bangeters for a land swap. Planning Director Jerry Herman. stated the Bangeters were still working on an alternative location. 4. Assistant City Engineer Steve Speer explained to the Commission that Sagebrush currently has a private easement for the street and the City would like to have a public ownership. 5. There being no further questions of Staff Chairwoman Barrows opened the Public Hearing. Mr. Tom Thornburgh, applicant, stated the project was three to four weeks from recording and would be starting construction in 30-40 days. PCMINI-14 4 Planning Commission Minutes January 14, 1992 6. Commissioner Ladner asked Mr. Thornburgh if he would be selling homes or lots. Mr. Thornburgh stated lots only. 9. Mr. Gary Avise, Pare La Quinta Homeowner's Association, spoke concerning the problem of blowsand. The Association would like to see the condition regarding controlling the sand enforced. He further stated they were working with the Applicant regarding the emergency access through Pare La Quinta. 8. Ms. Rosie Zamarripa, Sagebrush resident, stated her concern regarding Sagebrush being the only access for the project. Discussion followed regarding access on Date Palm Drive and the City Council's past action on Tentative Tract 26148. It was noted that the Date Palm Drive connection to 50th Avenue was deleted because the neighbors in the area were opposed. 9. Commissioner Ladner asked if the Applicant would be required to participate in the cost of the signal at Sagebrush and Washington Street. Staff stated it was included in the Conditions of Approval. 10. There being no further discussion, Chairwoman Barrows closed the Public Hearing and opened the matter for Commission discussion. 11. Discussion followed relative to how Tract 26148 to the south, could be conditioned to require Date Palm to be continued to 50th Avenue. 12. There being nc further discussion, it was moved by Commissioner Mosher and seconded by Commissioner Marrs to adopt Planning Commission Resolution 92-002 approving a First One Year Time Extension of Time for Tentative Tract 25154. ROLL CALL VOTE: AYES: Commissioners Mosher, Ladner, Ellson, Marrs, & Chairwoman Barrows. NOES: None. ABSENT: None. ABSTAINING: None. V . PUBLIC COMMENT: 1. Mr. Gary Avise, Pare La Quinta Homeowner's Association, addressed the Commission regarding the problem of satellite dishes in their tract. 2. Ms. Audrey Ostrowsky, Cove resident, addressed the Commission regarding guest house problems in the Cove. PCMINI-14 5 Planning Commission Minutes January 14, 1992 VI. BUSINESS SESSION A. Sign Application 91-159; a request of Simon Plaza to install a shopping center identification sign, directional signs and multiple building signs for a future office/commercial facility planned on five and one half acres. 1. At the request of the Applicant, Commissioner Ladner moved and Commissioner Marrs seconded a motion to continue this matter until the City Council has reviewed their actions on Plot Plan 91- 466 . Unanimously approved. B. Street Vacation 91-019; a request of the City for determination of the La Quinta General Plan consistency with a proposed street vacation. 1. Principal Planner Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Ellson asked Staff who would obtain ownership of the land. Staff stated it would be divided between the four adjacent property owners. 3. Assistant City Engineer Steve Speer stated the triangular lot would be the recipient of the majority of the land but would not get full entitlement. Discussion followed regarding the shape of the lots and the proposed wall on Washington Street to close off Avenida La Fonda. 4. There being no further discussion, Commissioner Marrs moved and Commissioner Ladner seconded a motion to adopt Minute Motion 92-002 adopting the findings that the vacation of the portion of Calle Paloma and Washington Street is in compliance with the Circulation Element of the General Plan. C . General Plan Consistency of Proposed Whitewater River Slope Construction Program: A request of the City for General Plan consistency. 1. Principal Planner Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Marrs asked Staff if the height of the concrete Stormwater Channel by the Cliffhouse Restaurant was excessive. Staff explained that the Coachella Valley Water District determines the height and it is probably based on 100 year flood design standards. PCMIN1-14 Planning Commission Minutes January 14, 1992 3. Commissioner Ladner asked who was financially responsible. Staff stated that CVWD was responsible. 4. There being no further discussion, it was moved by Commissioner Ellson and seconded by Commissioner Mosher to adopt Minute Motion 92-003 approving the General Plan consistency of the proposed Whitewater River Slope Construction Program. Unanimously approved. VII. CONSENT CALENDAR A. Commissioner Ellson asked that the Minutes of December 10, 1992, be amended as follows: Page 6, Item D.2. the word their be there; Page 7, Item #8, the word soccer be saucer. There being no further correction, Commissioner Mosher moved and Commissioner Marrs seconded a motion to approve the Minutes as corrected. Unanimously approved. VIII. OTHER A. Planning Director Jerry Herman asked the Commissioners for their input regarding the development of Annexation #5 area. The following concerns were expressed by the Commissioners: 1. Provide narrower streets to enhance rural feeling. 2. Provide larger minimum lot sizes for R-1 zones (i. e. , R-1 10, 000, R-1 15,000, R-1 20,000 etc.). 3. Maintain a rural atmosphere. 4. Provide new planned development overlay (PD) which can be utilized in R-1 zones. This would allow normal detached lots with common areas and facilities such as an equestrian center and trail system throughout the subdivision. 5. Provide subdivisions with larger perimeter landscape areas adjacent to major arterials. These landscaping areas could vary in size .from 50 feet to 100 feet or more. 6. Provide through the PUD process developments having smaller lots in conjunction with large open space areas spread out throughout the subdivision. 7. Create additional land use density categories. Presently there is a very low (0-2) and low density (2-4) categories. Additional categories such as 0-1 dwelling units per acre, 1-2 dwelling units per acre, 2-3 dwelling units per acre, 3-4 dwelling units per acre could be created. PCMINI-14 Planning Commission Minutes January 14, 1992 B . Overview of Specific Plan 91-012 and Change of Zone 91-070, the Tucker Development. 1. Planning Director Jerry Herman presented a brief overview of the proposed project and the Commission asked questions regarding the ownership of the land and the timing of the project. C. Discussion of accessory structures. 1. The Commissioners identified what accessory structures were and instructed Staff to contact other cities to determine possible alternative to solving the problem. D . Planning Director Jerry Herman informed the Commissioners there would be a joint meeting of the City Council and Planning Commission on Wednesday, February 12, 1992, for the General Plan Update. IX. ADJOURNMENT A motion was made by Commissioner Ladner and seconded by Commissioner Marrs to adjourn this regular meeting of the Planning Commission to a regular meeting on January 28, 1992, at 7:00 P.M. in the La Quinta City Hall Council Chambers. This meeting of the La Quinta Planning Commission was adjourned at 10:00 P.M. , January 14, 1992. PCMINI-14 8