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1992 04 14 PCPZAN11 XNG COMMXSSX ON T M E f 1 T T 0 i ?81. 1991 Ten Carat Decade AGENDA A Regular Meeting to be Held at the La Quinta City Hall, 78-105 Calle Estado La Quinta, California April 14, 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 92-012 Beginning Minute Motion 92-015 CALL TO ®RDE R — Flag Salute ROLL CA]C.L PUBLIC HEARINGS 1. Item ............... Zoning Ordinance Amendment 92-023 Applicant ........... City of La Quinta Location ............ City wide Request ............. Revision to Chapter 9.212, Sign Regulations, of the La Quinta Municipal Code, Title 9, Planning and Zoning Action .............. Recommended to be tabled. PC/AGENDA 2. Item ............... VARIANCE 92-021 Applicant ........... John Guenther Location 53-185 Avenida Bermudas. ............ Request ............. Approval of a Variance to exceed the 17 foot high building maximum in the SR Zone for a residence under construction. Action .............. Resolution 92- 3. Item ................ SR ADJUSTMENT 92-005 Applicant ........... La Quinta Homes (Ed Lohrbach) Location ............ Two lots within the Cove area located at the southwest corner of Hildago and Avenida Herrera and the east side of Eisenhower Drive 135 feet south of Calle Ensenada. Request ............. Approval of SR Adjustment to allow deviation of SR Zone requirement for an 18 inch roof overhang to allow 110" overhang for single family residences. Action .............. Minute Motion 92- 4. Item ................ PREANNEXATION ZONING AMENDMENT 91-071 Applicant ........... City of La Quinta Location ............ North side of 58th Avenue approximately 2600 feet east of Madison Street. Request ............. Preannexation zoning amendment from County designation A-1-20 to the City of La Quinta zoning A- 1-20 (Light Agricultural) . Action .............. Resolution 92- 5. Item ................ TENTATIVE TRACT 23773 (PHASE 2), STARLIGHT DUNES - TIME EXTENSION Applicant ........... Starlight Dunes, A California General Partnership Location ............ Northwest of the Adams Street/Starlight Lane and Fred Waring Drive intersection. Request ............. Approval of second one year time extension for recordation of final tract map for phase 2. Action .............. Resolution 92- 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 ................ TENTATIVE TRACT 25499 (REVISED) - TIME EXTENSION Applicant ........... Sunrise Company, Mr. Allan Levin Location ............ Generally located easterly of Labe Cahuilla north of 58th Avenue within PGA West. Request ............. Approval of first one year extension of time. Action .............. Resolution 92- CONSENT CALENDAR Approval of the Minutes of the regular Planning Commission meeting held March 24, 1992. OTHER ADJOURNMENT --------------------------------- STUDY SESSION MONDAY, April 13, 1992 City Council Chambers DISCUSSION ONLY 4:00 P.M. 1. All Agenda items. 2. Front yard fencing in the R-1 zoned areas. PC/AGENDA 3 PH-1 MEMORANDUM TO: HONORABLE CHAIRWOMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: APRIL 14, 1992 SUBJECT: SIGN REGULATIONS AMENDMENTS TO CHAPTER 9.2.12 LA QUINTA MUNICIPAL CODE. BACKGROUND: This matter was continued from February 25, 1992 meeting. The major changes proposed relate to temporary signs. ANALYSIS: 1. The real estate industry has contacted this Department regarding their concern for real estate signs and the sixty day limit of those signs. Typically a seller will list a house with a realtor for 90 or more days, thereby the proposed ordinance would have an undue impact on real estate signs and the listing agents opportunity to advertise the house. 2. The Riverside County Building Industry Association previously identified their concerns. RECOMMENDATION: It is recommended that this matter be tabled to allow various concerned groups to work with Staff to prepare a workable solution. Tabling the request will require Staff to re -advertise this item before the Planning Commission can consider it in the future. MEMOJI . 18 7 EXHIBIT "I 9.212.010--9.212.020 Chapter 9.212 L; SIGN REGULATIONS* 7 5er&jons 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. 4,212,010 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) 2,212.020 Permit requirements and review procedures -- Signs 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: I. 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; 12/27/91 7424u/2588-00 -2- 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, onhsite development projects requiring review by the planning commission, or requests for sign adjustments to signs previously approved under the planned sign program pursuant to subparagraph E•5. of this Section 9.212.030. 2. The design review board will review applications made under the planned sign program and make recommendations to the planning commission. 3. 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. 12027✓91 7424u✓2588-00 -3- 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 di.rec:tor, 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. the design review board 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 sign area allowed on the site, where a more orderly and concise pattern of signing will result; 12/27/91 7424u/2588--00 -4- d. To allow a sign to be in proper scale with its ;building or use; e. To allow a sign compatible with other conforming signs in the vicinity; f. To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot. 2. Additional number, to compensate for inadequate visibility, or to facilitate good design balance. 3. Alternative locations: 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. hots 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 12027/91 7424u/2588-00 -5- applications, plans, bonds, and fees to the building and 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) ..�.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) 5,212.070 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 restricted to minimize the illumination, glare or reflection of light which is visible from the residentially zoned property. 12/27/91 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 handscaping 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/'27/91 7424u/2588-00 -7- B. 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 keep the flag, emblem, or insignia of any nation, political subdivision, 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. The total square footage of such flag, emblem or insignia shall not exceed (b for each parcel. The planning commission shall review all flagpole requests on arty 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 twc 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 face, wall, door, 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. Painting or repainting a sign in original colors shall 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; 12,/27/91 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) 2.212,090 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 not otherwise permitted; 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; 12✓27/91 74:24u/2588-00 -9- 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 §1(Exh. A(part)), 1987) • 1 1 --R.. 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, nor shall such Temporary Sign, or sign disvlaving similar me es regaring agd the same event, if any, which is the subject of such Temporary Sire, be reposted upon the same site, or site which is visible from the original site, within ninety (90) days of the removal of the original Temporary Sign. In a i ion, a emporary 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 GG . 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 roofli.ne 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 12/27/91 7424u/'2588-00 -10- wares, poles or appendages, hydrants, trees, shrubs, treestakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, lifebuoys, life 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. A_j- 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. 4. Standards for Approval. A_a. 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. /Lb. 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. '(q, The planning director may approve a permit application for Temporary Signs which are proposed to 12/27/91 7424u/2588-00 -11- exceed the maximum size allowed under paragraph C. of this chapter upon making the following findings: a/(i) Additional size is necessary to make the Temporary Sign visible or readable to its intended audience. The size of the Temporary Sign is no larger than necessary to make the sign visible or readable to its intended audience. The additional size of the Temporary Sign is not likely to harm the public health, safety or welfare. The planning director's decision with respect to a permit application for a Temporary Sign may be appealed to the4Planning Commission. J. Maintenance and Removal of Signs. All Temporary Signs shall be constantly maintained in a state of security, safety anti 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 Signs 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. 12/27/91 7424u/2588-00 -12- 1 - tt - i • }.- • } . 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 maximum of [one 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 complex identification sign shall be removed within [ten (10)] days after/bg model homegAare completed .and sold). The date of posting shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. 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. Area shall be calculated on the basis -of the entire sign area, as defined in Chapter 9.212.130(GG) D. Placement of Signs. Semi -Permanent Signs may not be posted on Public Property, as defined in Chapter 9.212.130(AA). Semi -Permanent Signs may not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. Temporary Signs may_ not be posted on sites approved for Semi -Permanent Signs unless specifically authorized by the Semi -Permanent Sign permit. 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. Al` 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. L2— Standards for Approval. a,,,a._ Within ten JjOL business days of the planning and development department's receipt of& Hermit 12,127,191 7424u/2588-00 -13- application for a Semi -Permanent Sign, the planning director shall. approve or disapproveisuch application.A 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 Semi -Permanent 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 9.212.105. b. In any event, no permit application shall be approved which proposes to place in excess of ten (10) Temporary Signs on Private which will be visible simultaneously from a single location and orientation within the boundaries of the City. C. The planning director may approve a permit application for Semi -Permanent Signs which are proposed to exceed the maximum size allowed under paragraph C. of this chapter upon making the following findings: (i) Additional size is necessary to make the Semi -Permanent Sign visible or readable to its intended audience. (ii) The size of the Semi -Permanent Sign is no larger than necessary to make the sign visible or readable to its intended audience. (iii) The additional size of the Semi -Permanent Sign is not likely to harm the public health, safety or welfare. d. The planning director's decision with respect to a permit application for a Semi -Permanent Sign may be appealed to the Planning Commission. A F. 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. A G _ Maintenance and Removal of Signs. All Semi -Permanent Signs shall be constantly maintained in a state of security, safet-y 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 12,127/91 7424u/2588-00 -14- 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. 2.212,110 Permanent 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. Commercial and Institutional Identification Sins. :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. The sign maybe indirectly lighted or internally illuminated and must otherwise comply with the provisions of Section 9.212.070. 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 sign 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 12/27/91 7424u/2588-00 -15- identification sign(s) may have a maximum sign area of thirty-two square feet and a height of eight feet. Two signs, one on each side of the entrance maybe permitted subject to the Planning Commission approval. 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 comp:Lex 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: 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 twelve square feet in area or eight feet in height, advertising the brand of motor fuel and, 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. 12/27/91 7424u/2588-00 -16- 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. d . The sign may be indirectly lighted or internally illuminated and must otherwise comply with the provisions of Section 9.212.070. 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 one attached sign per street frontage not to exceed an 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. c. The sign may be indirectly lighted or internally illuminated and must otherwise comply with the provisions of Section 9.212.070. 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. 12/27/91 7424u/2588-00 -17- 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 per side, with a maximum of two sides, and it shall be designated 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 multiple -tenant 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 multiple -tenant building or multiple -building complex may be permitted a pedestrian directional signs(s), which groups the names of businesses anal/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 id.ent.ification 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. e. Permitted signs, including supports, shall have a maximum width of four feet whether wall -mounted or freestanding. f . The sign may be indirectly lighted or internally illuminated and, must otherwise comply with the provisions of Section 9.212.070. 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. 12/27/91 7424u/2588-00 -18- 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 §1(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 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. 12/27/'91 7424u/'2588-00 -19- 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 publilc 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. 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 Sl(Exh. A(part)), 1987) 9_.212.130 Definitions. As used in this chapter: /jAz. "Abandoned sign" means any sign which is located on property which becomes vacant and unoccupied or any sign which 12/27/91 7424u/2588-00 -20- 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. 4_1_ "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. "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. LE)... "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. ? E. "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. ,0. "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. /�_G` "Canopy sign" means any sign attached to the underside or constructed upon a canopy which maintains an eight -foot ground clearance. zf Ft. "Directional sign" means any sign which is designed an erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy. (Examples are: "one-way," "entrance," "exit:," "parking in rear," "15 miles per hour," "no left turn"). "Face or main exterior wall windows and store building wall" means the outer surface of any or foundation of a building, including fronts. 12/27/91 7424ci/2588-00 -21- ". "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. /? Y�.� "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. L. "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 pat of or attached to a building. This definition includes monument signs, pylon signs, and ground signs. M "Future facility construction sign" means any sign use 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. ,(.DL, "Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used to announce a sale of used item. Ar O,_ "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. `t_P_,,__ "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. AI Q. "Mansard roof sign" means any sign attached to or supported ioio ted 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. kR._ "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 12/27/'91 7424u/'2588-00 -22- 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. tj,: "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. t_=, "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. ,�U� "Parapet wall" means a wall extending above the plate line of the building. ,/LV_ "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. W` "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. _ "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). "Projecting sign" means any sign with two parallel faces no more than eighteen inches apart projecting twelve 12/27/91 7424u✓2588-00 -23- inches or more from the wall or eaves of a building. No guy wires, braces, or secondary supports should be visible. ,,((��Z. "Private Property" means any property other than put1ic property. /AA. "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. �B)3. "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. ,_C(- "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. iJ DD. "Roof sign" means any sign erected upon or above a roo or parapet wall of a building or placed above the apparent flat roof or eaves of a building. ' Eir "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. tn?- "Sign" means any medium for visual communication which is used or intended to be used to attract attention to a location or subject matter for advertising, instruction or information purposes. "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 12/27/91 7424u/2588-00 -24- 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 an, 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. 10 H. "Sign program" means the method of review and approval of signs by one of the following two procedures: 4l. 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. 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. , I.L. "Special event sign" means a sign used to announce a circus, carnival, festivals or other similar events. Aj�1^ "Subdivision sign" means a sign containing the name, loc:at.ion 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. � K1C,_ "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) 12/27/91 7424u/2588-00 -25- l - &Iuw,�da ham - Ya 2woda G'aac16Ua 7/a&44 ead &w4d c4 Rea" 81-955 HWY. 111. STE. 206 • INDIO, CA 92201 o PHONE: (619) 347-6337 April 6, 1992 Jerry Herman Planning Director, City of La Quinta 78-105 Calle Estado La Quinta, Ca. 92253 Dear Mr. Herman: Multiple Listing Servicf APR 08 ��• � y J V PtS ( ��7 Al f+r:ri �. t��. . i i�t�111 I am Rose Valenzuela, President of the Indio -Bermuda Dunes -La Quinta-Coachella Valley East Board of Realtors. On behalf of the Board I want to express our concern regarding restrictions on Real Estate signs. I am sending each Councilperson a copy of information I have forwarded to City of La Quinta legal council to address this issue. Sincerely jwt C. Rose Vale uela Z�._...:_.— 'it IL 3M California Association of REALTORS® Local Governmental Relations Department SIGN ORDINANCES Background Paper June, 1988 71 APR 0 8 199i (This paper is for study only and has not been -approved by the Local Y Governmental Relations Committee, the Executive Committee or the Board of Directors.) I. Introduction In January 1984, the Local Governmental Relations staff published a background paper entitled "Local Government Sign Ordinances." The paper provided a discussion on the status of sign regulation at the local level, as well as some background on legislative and judicial actions that have led to the adoption and modification of many local sign ordinances. In the four years since the publicationiwof."Local Government Sign Ordinances,' many areas have begun to enforce long -dormant sign ordinances. This has, in many cases, resulted directly from citizen complaints of ill - placed signs. In addition, many homeowners' associations have become active in seeking local enforcement of sign ordinances. As a result, many local governments have cracked down on the placement of real estate signs. This action has caught many REALTORS* off guard --same who had no prior knowledge of their local sign ordinances, and others who for years had posted signs in violation of their seldom enforced sign ordinances. This background paper is meant to be used as a reference for REALTORS® who may be encountering restrictive sign regulations in their communities. It provides a synopsis of major legislative and judicial actions that have provided the framework for the adoption of local sign ordinances. In addition, it attempts to reflect the experiences of REALTORS® in several local communities who Have successfully adapted their local sign ordinances to meet the needs of the real estate industry. II. Ballancing_the Needs: Public Welfare versus Private Enterprise The most critical element of conducting business in the real estate brokerage industry is marketing. Among the myriad of marketing techniques prevalent within the industry, signs are one of the most effective means of advertising, especially for REALTORS's listing residential property. Whether through "for sale" signs posted on the property itself or through offsite directional signs to an open house, real estate signs often serve as an essential means of helping prospective buyers find available properties. Yet at the same time, local governments possess the authority to prevent the unbridled use of signs. While the courts have upheld that the First Amendment guarantees the right to free speech through sign usage, the courts U.S. Supreme Court for the nation as a whole. In 1976, however, the U.S. Supreme Court issued a decision that set the standard for commercial sign regulation throughout the nation. In Virginia Pharmacy Board v. Virginia Sumer Council (1976) 425 US 7489 96SCt 1817, the court declared that local government sign regulation must be content -neutral. In other words, restrictions may be placed on the time, place and manner in which signs are posted but not on what they say. The following year, the U.S. Supreme Court extended that opinion specifically to real estate signs in the case LinmarkAmciates. Inc, Y. Township i1lin bg oro (1977) 97 SCt 1614. In its decision, the court struck down an ordinance adopted by the New Jersey township of Willingboro, which banned all "for sale" signs from residential property. The town enacted the ordinance when increasing numbers of white residents began moving from a racially integrated community. The intent behind the ordinance was to preserve the racial and ethnic mixture of the community by preventing potential homebuyers from perceiving a "white flight" from the community. Yet the court stated that no matter how well-intentioned the ordinance may have been, the township had no authority to single out and prohibit one type of lawn sign. In order to promote aesthetic values, a township may prohibit j. signs on certain sites, such as offsite signs, but the prohibition must be content -neutral. Thus, by 1977, it was clear that local governments could not restrict signs based on what they said. In 1980, in the case Central Ninon Gas and iE____ec:Lcity v. Public Service Commission (1980) 447 US 557, the U.S. Supreme Court provided three criteria for judging the constitutionality of content - neutral local sign ordinances. In'the first place, a sign ordinance is deemed constitutional if it serves a substantial government interest. Interests that are considered valid for regulating signs include the elimination of visual blight, intrusive advertising and traffic hazards. Secondly, a given sign ordinance must directly advancg.the government's inl rest. This criterion was reinforced by the 1987 U.S. Supreme Court decision in Nolan v . California coastal Commission (1987) 97L.Ed. 2d 677. In that decision, the court stated that there must be an "essential nexus' between the intent of an ordinance and its effect. In other words, a given land use ordinance must be able to prove that it actually accomplishes the intent of the ordinance. Although the Nollan case did not deal specifically with sign ordinances, but rather with a local governments's authority to regulate land use, the decision on the case set parameters for local government exercise of police power, a power which includes the regulation of signs. Thus, with regard to sign ordinances, local governments must be able to prove that their sign ordinances actually help eliminate visual clutter and traffic hazards. Finally, a sign ordinance must only go to the length necessary to advance the governments's interest. For example, a local government cannot ban the use of all commercial signs in an attempt to promote aesthetic quality. In this example, the ordinance would be considered "overinclusive" in that it infringes on the rights of shopkeepers to post signs on their storefronts. When deciding whether or not a sign ordinance is overinclusive, a court will often consider whether or not the "injured party' in the suit has other 3 A. Number of Real Estate Exchange Signs Permitted Usually, a city allows one "for sale" or "for lease" sign per property. However, this is not a hard and fast rule, and there are three usual exceptions. First, since localities often word the restriction as "one sign per street frontage," corner lots are usually permitted two signs. In addition, egg residential Darcels may be permitted to use either a larger sign or to post additional signs. (Note: Mill Valley, however, considers contiguous parcels that are under the same ownership to be one parcel and, therefore, entitled to only one sign.) Finally, "hidden -units" may be permitted to use more than one sign. These are typically condominiums or townhouses that are nestled in the middle of a development which need more than one sign to be seen from a main road. Usually the number of allowable "sold" signs is the same as the allowable number of "for sale" signs. R. Size Restrictions Virtually all localities restrict size of signs. From the ordinances included in the appendix, the sizes range from Fremont's low of 24 inches by 16 inches per sign, to Glendale's high of 6 square feet per sign. However, Los Angeles' ordinance is unique in that it stipulates a maximum of 12 square feet.for all real estate signs on the property --"for sale" and "sold" alike. Equally unique is Carmel's ordinance which sets forth a maximum size for sign lettering at three inches. C. "Open House" Signs Sign ordinance provisions for "open house" signs --specifically offsite directional signs --tend to vary widely from community to community. Some localities, such as Los Angeles City and Carmel, do not permit offsite signs at all. Generally though, in those communities where offsite signs are permitted, they cannot be posted in the public right-of-way (such as on median strips) and can only be posted on weekends between certain hours. Mammoth Lakes' ordinance illustrates these very restrictions. One "open house" sign is permitted on the property and an additional three are permitted offsite, all of which must be removed at dusk. Some ordinances contain specific provisions regarding when and where "open house" signs may be posted. For example, in Dublin, offsite "open house" signs may be posted on Tuesdays in addition to weekends, but only from 10:00 a,m. to 1:00 p.m. In Fremont, offsite signs may be posted on public property at intersections, but only on corners (not on medians) and only one sign per corner. Thus, before attempting to advertise any open house, REALTORS® are advised to be familiar with their local ordinances. V. Events at the Local Level Recent events at the local level concerning sign ordinances seem to have been exclusively centered on offsite directional "open house" signs. Two possible reasons can account for this. In the first place, the courts have 5 While the Ventura Board was successful in that instance, it is recommended that RE:ALTORS® instead work with their local officials throughout the ordinance drafting process to ensure an equitable outcome. For example, in 1985, the Bakersfield City Council unveiled a new proposed sign ordinance which would have banned all offsite "open house" signs. After REALTORSm testified that such signs are necessary to the marketing of real property, the council agreed to a maximum of 10 signs per open house, so long as all of the signs are posted within one mile of the subject property. Similarly, a proposed sign ordinance in Mammoth Lakes in 1986 would have allowed only one "open house" sign per open house. REALTORS@ from the local Board were subsequently successful in revising the ordinance to permit the use of three offsite "open house" signs. In all of these cases, REALTORS* have succeeded in working with their local governments to incorporate the needs of the real estate community into the local sign ordinance. But the struggle still goes on in other parts of the state. In the northern California city of Ross, REALTORS® are restricted to using onsite "for sale" or "open house" signs that equal an aggregate area of one square foot and no offsite signs are allowed. The Marin County Board plans to conduct a survey of its members and municipal officials from all eleven cities in the county regarding local sign ordinances. From the survey, the Board hopes to develop a "model" sign ordinance for all cities in the county in an attempt to provide some consistency in regulation for REALTORS® who list properties over large regions. Meanwhile, in San Dieguito, a proposed sign ordinance would allow a maximum of one square foot for permanent signs (e.g., security signs, neighborhood watch signs) on residential property. Ancillary signs, which include "open house" signs, would be limited to an aggregate maximum of three square feet. If the square footage of a property owner's permanent signs exceeds one square foot, the excess footage would be "debited" to the allowable ancillary sign square footage. Members of several area Boards are working to have this provision changed since it unfairly punishes homeowners who decade to sell their houses but have certain permanent signs around their houses. Thus, such examples show that REALTORS* continue their efforts to blend the needs of their industry with the needs of their communities. VI. goncluso It is clear that the use of real estate signs on -premises is a right protected by the courts. Thus, REALTORS® rarely encounter problems at the local level regarding the posting of "for sale," "for lease" or even "open house" signs on site. However, local governments can regulate the time, place and manner in which all of these signs are posted. Nevertheless, it is the regulation of offsite signs that continues to frustrate REALTORS® in many communities. While it is true that REALTORS® consider offsite "open house" signs essential to attracting potential buyers, the courts have never stated that "open house" signs are exempt from restrictions placed on other offsite signs. Such restrictions are deemed valid and constitutional so long as "open house" signs are not singled out from other offsite signs as the sole object of restrictions. In areas where 7 APPENDIX CITY FOR SALE, FOR RENT, OPEN HOUSE AND OTHER SOLD SIGNS DIRECTIONAL SIGNS 1. Bakersfield Number: One per Maximum 25 signs, - offsite directional parcel no more than 18 in. signs may be posted in Size: maximum by 24 in. each public right-of-way 6 sq. ft. in area, _ with permit from city 6 ft. in height clerk's office; may be (including riders) posted from 9 A.M. Saturday until 9 P.M. Sunday 2. Carmel -by- Number: one per No offsite open - letters on signs the -Sea frontage house signs must not exceed Size: maximum allowed 3 inches in height. 3 sq. ft. - an "open house" sign may accompany a "for sale" sign on site provided total area doe not exceed 3 sq. ft. 3. Chula Vista Number: one Maximum 5 signs - signs must be removed per property with each sign before dark Size: maximum less than - signs must be placed 4 sq. ft. 4 sq. ft. in area at least 3 ft. from the sidewalk or 10 ft. from the curb where no sidewalk exists 4. Corte Madera Number: one per Maximum 3 signs ----- property not larger than Size: maximum 4 sq. ft. each; 6 sq. ft. in area may be displayed on weekends only, between 10 A.M. and 1 P.M. 5. Dublin Number: one per Maximum 4 offsite - signs permitted from property signs for each open 10 A.M. Friday through Size: Maximum house sunset on Sunday, and 23 inches by Tuesdays from 10 A.M. 18 inches to 1 P.M. 11. Mill Number: one per No offsite open - contiguous parcels Valley property house signs under the same ownership Size: maximum 18 in. permitted count as a single parcel by 24 in. with one sign permitted 12. Novato Number: one per No specified number - Signs may be placed in property allowed, however, public right-of-way Size: maximum must be under (except in medians) if 6 sq. ft. 6 sq. ft. each; not obstructing may display - signs must contain Wednesday and business name Thursday until - city permit and 12 noon, all day liability insurance Saturday and Sunday required to post signs 13. palm Number: One per No specified number ----- Desert frontage allowed, however, Size: maximum must be under 3 sq. ft. in area 3 sq. ft. each 4 ft. in height. (May contain a rider at bottom of sign not to exceed 5 in. by 16 in. 14. San Diego Number: One per No specified number - signs must be removed City property allowed; however, must before dark Size: Maximum be under 4 sq. ft. 4 sq. ft. in each and only placed area on private property 15. Ventura Number: one per Maximum 6 signs, no - offsite signs allowed City parcel more than 12 in. by in parkways but not on Size: maximum 24 in. each medians 18 in. by 24 in. MEMORANDUM CALIFORNIA ASSOCIATION OF REALTORS® Executive Offices • 525 South Virgil Avenue, Los Angeles, Cclifornio 90020 • (213) 739.8200 Fox: (213) 480.7724 SIGNS: CAN THEY BE REGUTATED AND BY WHOM? y.u:k<'idl,::z:t?4'"-;:.:•.;'a• . Although real estate signs cannot be singled out among other business advertising, the following questions and answers focus on how the law would apply to typical real estate sign situations. There is no simplistic answer and each situation must be decided on its facts utilizing the guidelines established by case and statutory law. The analysis is also dependent on whether a sign is on -site (i.e. on the property itself) or off -site (a sign not placed on the property it refers to). There are general principles that are helpful in analyzing sign regulations: A city may ban all signs on public property. A city cannot ban signs on an individual's own property. • A city may impose reasonable restrictions on the time, place, and manner of posting signs whether on -site or off -site. Since 1983, California has had specific legislation (Civil Code 3 712 and 713) regulating the placement of real estate signs (i.e. signs advertising sales, lease, or exchange of property) on an owner's property. This year C.A.R. sponsored legislation which becomes effective January, 1, 1991, and will extend the protections of Civil Code 1 712 and 713 to signs placed on another person's property, with- that person's permission. Additionally, the legislation provides those guarantees not only to signs advertising sale, lease, or exchange but also directional signs and guarantees that signs be placed in plain view of the public. Copyright *1990 CALIFORNIA ASSOCIATION OF REALTORS* Legal and Board Services Department and Public Affairs Department. Permission is granted to reprint this material provided credit is given to the CALIFORNIA ASSOCIATION OF REAUORS' Legal and Board Services Department and Public Affairs Department. SIGNS: CAN THEY BE REGUiATED AND BY WHOM? PAGE ?1 such a restriction would unfairly discriminate against resale homes. As a result, the city planning commission has agreed to re-examine the issue. The state and local governments may place reasonable restrictions on the time, place, structure, size, design, and manner in which signs may be displayed. However, restrictions placed on signs must serve a substantial governmental interest (Le., traffic safety or environmental beauty). The govenament restrictions must also allow reasonable alternative avenues of communication. Qpegimil: Can a homeowners' association totally ban the posting of "for sale" signs on the hom.eownees property? A_nww. No. California Civil Code 1 712 states that there can be no prohibition of signs advertising the sale, lease, or exchange of the property on which the sign is located provided the sign is of reasonable dimension and design. As such, a homeowners' association cannot prohibit the posting of "for sale" signs on a property owner's propertt. Effective January 1, 1991, directional signs are also included under Civil Code 1712. The homeowners' association may not have more stringent sign restrictions than those of the government. Therefore, a homeowners' association cannot interfere with a homeowner's right to place a sign on his unit. After January 1, 1991, an association cannot interfere with a property owner's right to negotiate with other property owners for the placement of signs; such as open house signs in others' units directing the way to the "sale unit", or placing the for sale sign on another unit which has better exposure to public view. Question 4: What are reasonable sign dimensions according to Civil Code 1 712? Answer: Civil Code 1 712 does not define reasonable dimensions but rather enables a local or state government to set reasonable limits on the dimensions of a sign offering property for sale, lease, or exchange. "Reasonable dimensions" in other sign statutes range from a maximum SIGNS: CAN THEY BE REGULATED AND BY WHOM? PAGE 5 Aren't the rules for regulating signs in mobile home parks or mobile home subdivisions different than those for "stuck built" housing? nswo Yes, to some degree. Civil Code 1798.70 regulates the placement of signs advertising the sale, lease or rental of mobile homes in mobile home parks. Specifically, the owner of a mobile home may advertise the sale or exchange and, if mobile home rental is permitted in the park, rental of the mobile home, by displaying a sign in the window of the mobile home or by a sign posted on the side of the mobile home facing the street. The sign, which cannot be restricted to less than 24" wide and 18" high, can state the name, address, and telephone number of the mobile home owner or his or her agent. Civil Code 1 799.1 regulates the placement of signs in mobile home subdivisions, cooperatives, and condominium complexes. The mobile home owner may place a sign in the window of the mobile home at least 12" x 12" stating the name, address, and telephone number of the mobile home owner or his or her agent. Qpestion1: My city is considering banning all off -site "open house" signs. Can they do this? Answer: Currently, California and federal law permit local governments, not only to reasonably regulate the time, place, and manner of off -site signs, but also to totally ban such signs, provided the ban is content neutral. The city, in order to ban open house signs, must ban all off -site signs or the ordinance would be based on the content (i.e. "open house") of the sign. An ordinance attempting to ban only "open house" signs would be invalid. Such was the case several years ago in Chula Vista, when the city council proposed a ban on all off - site "open house" signs. After members of the local Board of REALTORS* raised the point that this would be regulation based on content, the council abandoned its proposal. Effective January 1, 1991, a city may not ban directional signs which include "open house" signs when placed on private property and with the property owner's consent. The city may impose reasonable restrictions on those signs. SIGNS: CAN THEY BE REGULATED AND BY WHOM? PAGE 7 The National Association's Interpretation No. 26• has long stated, "A Board rule prohibiting the posting by Members of for sale' or other similar signs on property for which the Member is agen4 is an inequitable' li nkation on its membership." A regulation of signs has nothing to do with any conceivably national concern of function of a Multipk Fisting Service It is a matter for the owner of the property, his authorized agent, and public authority. A Board therefore cannot become involved in the enforcement of a local sign ordinance. Oftentimes a Board or MIS sign committee attempts to enforce sign guidelines to ensure voluntary compliance with the existing ordinance. This is done particularly to avoid more stringent sign regulations by the city. Despite being well-intentioned, it is in violation of N.A.R. policy. Tre information contained herein is believed addurate as of October 4, 1990. The foregoing is intended to provide general answers to general questions and is not intended as a substitute for legal advice in a given situationC ff specific legal advice is needed, then the services of an attorney should be sought.: Members of CAR..may contact the ..Member legal Services Division at (213) 739-8282 for assistance with specific questions as well as for current developments. M PH-2 STAFF REPORT PLANNING COMMISSION MEETING DATE: APRIL 14, 1992 CASE NO: VARIANCE 92-021 APPLICANT: JOHN GUENTHER JOB SUPERVISOR: RUSTY RHODES REQUEST: APPROVAL OF A VARIANCE TO EXCEED THE 17 FOOT HIGH BUILDING MAXIMUM IN THE SR ZONE FOR A RESIDENCE UNDER CONSTRUCTION. LOCATION: 53-185 AVENIDA BERMUDAS (EAST SIDE OF AVENIDA BERMUDAS APPROXIMATELY 100 FEET NORTH OF CALLE MONTEREY) ZONING: SR (SPECIAL RESIDENTIAL) SURROUNDING LAND USES: NORTH - SINGLE FAMILY RESIDENCE SOUTH - SINGLE FAMILY RESIDENCE EAST - VACANT ACREAGE [NEST - VACANT SINGLE FAMILY LOT ENVIRONMENTAL DETERMINATION: CONSTRUCTION OF SINGLE FAMILY RESIDENCES ARE CATEGORICALLY EXEMPTED FROM THE GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THEREFORE, NO FURTHER ENVIRONMENTAL DOCUMENTATION IS DEEMED NECESSARY. BACKGROUND: The Applicant is presently constructing a single family residence on the subject property which is located along the east boundary of the Cove area. The subject lot is a 50' X 100' interior lot 100 feet north of Calle Monterey. The residence has been framed and received a "OK to wrap" inspection. During the last inspection, the Building and Safety Department determined that the height of the structure exceeded the maximum height limit (actual measurement showed 17' 5.5" from bottom of sheathing to finish floor) . Maximum building height is 17 feet from the highest point of the house to the finish grade outside the house. Upon determining that the building exceeded the maximum height limit, the Applicant was instructed to reduce the height or file for a variance. The applicant chose to file this variance request because he felt that it would be financially unfeasible to alter the construction in order to comply with the 17 foot high maximum. PCST.051 REQUIRED VARIANCE FINDINGS: In order to approve a variance it must be found that three findings can be justified. Those findings and the Applicant's response are as follows: 1. Finding: State the exceptional or extra ordinary circumstances including shape, size, location, and surroundings that apply to this property that do not apply to other property owners in the same zone. Applicant's response is: "While building a 2,000 square foot two bedroom home with many custom features not found in the typical new home in the area and by building this home directly next door to my home, we feel we are insuring an architectural continuity that by design and construction enhances the neighborhood. " 2. Finding: State why the ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Applicant's response is: "The enforcement of this Chapter would involve practical difficulties and would create undue hardship unnecessarily. 3. Finding: State why the granting of this variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity or zone in which such property is situated. Applicant's response is: 1) "The obvious fact is that by nature of location we are building on the outer fringe of the Cove; 2) The structure in question is bordered by my house to the south and a house owned by Mr. Cusack to the north. Mr. Cusack has indicated that he is delighted that a house of such outstanding quality is being built next door; 3) Aside from the above mentioned properties, the only other property directly affected would be the empty lot directly behind the subject property. This property is on the east side of the street and will require 32-36 inches of fill before it can be built upon. Therefore, at such time that this lot is built on, their slab height would be 2-1/2 to 3 feet above the slab of the subject property. ANALYSIS: The Building and Safety Department has notified us that from the time of plan check, the Applicant was told that the height of the structure appeared that it could exceed the 17 foot high limit. The Building and Safety Department during both plan checks noted that there could be a problem with the height (see attached residential correction list dated December 16, 1991) . Additionally the building plans which were approved by the Building and Safety Department contained a note on them indicating that the maximum height of the structure can only be 17 feet from finish grade. Since the time of submission of this variance request, a number of letters of correspondence have been submitted by the Applicant. These letters explaining what has occurred through the Applicant's view are attached for your review. Additionally, memos from the Building Inspector involved in this project are attached. PCST.051 2 CONCLUSION: The Building and Safety Department has indicated that the Applicant was told on several occasions that it appeared that his building would exceed the 17 foot high limit. The Applicant's builder assured the City that the building would be no higher than 17 feet. However, the building is approximately 1.5 feet higher after the roofing is added. With regard to the required findings and justification for approval of a variance, Staff does not feel 'that the Applicant has justified them to the extent necessary to approve a variance. RECOMMENDATION: Adopt Planning Commission Resolution 92- denying Variance 92-021. Attachments: 1. Location map. 2. Plans. 3. Photographs of front of house. 4. Justification for Variance submitted by Applicant received March 10, 1992. 5. Statement from Building Inspector dated March 9, 1992. 6. Statement of R . Rhodes. 7. Residential correction list dated December 16, 1991. 8. Sequence of events submitted by John Guenther. 9. 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Brought back 4 in 12 pitch truss - 50' span is a rise of 8' for } run of roof added to plate line with roof cap and 6: for grade - I told builder 4 in 12 may be cutting it close or exceeding 17'0" requirement. Standard wall height studs are 921". The builder used 98J" studs, compounding the height problem. (9' studs were ordered.) Rusty Rhodes, supervisor of the job, is an employee of John Guenther, not: a general contractor. He has built, to completion, one SFD in La Quinta in my 3 years here. His current project 51-660 Obregon as owner builder has still not been completed and will not be given any further inspections until he provides us with engineering on a block wall (asked for over 8 weeks ago). 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(1988 UBC, UMP, UPC & 1987 NEC) / 1. Footings 1-story frame, depth 12" into undisturbed soil, 6" thick width 12" foundation walls minimum 6" width. Table 29-A UBC. 2. Footings 2-story frame, depth 18" into undisturbed soil, 7" thick width 15". Foundation walls minimum 8" width. Table 29-A UBC. 3. Concrete floors require minimum 3-1/2" thick. Section 2623 UBC. 4. Provide 1/2" x 10" sill bolts embedded in concrete at least 7" Minimum 2 bolts required per plate section 12" from each end. 6 fee maximum spacing. Section 2907f UBC . 5. Provide dsills and sill plates of foundation grade redwood o; approvednressure treated wood. Section 2516c 3 UBC. �. Anchor posts 'to concrete in a manner to conform with Section 2303b UBC. �. Provide metal T or L strap at post to beam. Section 2510 UBC. I. Veneer shall be supported on concrete foundation. Section 3006 b UBC. �. Minimum finish pier grade size is 12" x 12" if x 12" below finished grade and 6" above UBC. supporting untreated wood. Section 2516c 4 & 2907e 0. Provide Section cross 2907c section details UBC. of stepped footing for sloped lots. 1. Provide cross suction detail of all footing conditions. S/FORMT8.001 FRAMING: (1988 UBC) 12. Provide continuous supports directly under all bearing partitioi Section 2517d 5 UBC. Supports may not be offset more than joist depi 13. Solid block joists at each end and provide double rim joist perimeter floor framing. Section 2506h & 2517d 3 UBC. 14. Provide 18" clearance under floor joist 12" under girders. Sect9 2516c 2 UBC. 15. Provide screened foundation access hold 18" x 24" within 20 feet clean out. Section 2516c 2 UBC & 406f UPC. 16. Foundations vents required. Minimum 1 sq. ft. for every 150 sq. of under floor area. Section 2516c 6 UBC. 17. Stud spacing and height must be as required by Table 25 R-3 UBC provide engineers calculations for design as a column. (1)8- Indicate header size at all openings. Section 2517g 5 UBC. 19. Tile roof rafter sizing requires L/240 deflection. Tables 25 T-R-1! 16 UBC. 20. Design ridge, hips and valley members as beams for pitch less tt 3:12. Section 2517h-1 UBC. 21. Indicate ceiling joist size, spacing and direction table 25-U-J-6 UBC 2'12. Indicate floor joist size and spacing. Table 25-U-J-1 UBC. 2'. Provide brace at corners and every 25 feet of wall or less. Secti 2517 g 3. See Table 25V UBC for one, two and three story locations. 24. Rafters must be nailed to ceiling joists. If rafters are opposi ceiling joists provide ties maximum 4 feet o.c. Also if ceiling open type show method of ties. Section 2517 h 4 UBC. 25. Ridge, hips and valley members not less in depth than cut end rafter supported. Section 2517h 3 UBC. 26. Rafter purlin braces not less than 45 degree angle. Purlin to be smaller than rafter supported. Section 2517h 5 UBC. 27. Show diagonal braces in top plate at garage corners unless ceiling garages is covered with drywall. Section 2312a UBC. 28 Plywood shear wall shall conform to Table 25-I and R-1 UBC i nailing. Width to height ratio minimum 3 1/2:1. 29. Attic access opening min. 22" x 30". With attic forced air unit mi opening 30" x 30". Access requires min. 30" headroom Section 32C UBC & 708 UMC. C:S/FORMTH.001 - 2 - 30. A weep screed, shall be* provided at the foundation line on all exter: stud walls. Section 4706e UBC. 31. Provide double trimmers in the following locations: 32. Indicate roof slope. Roof slope must be as required by Section 251: • UBC or provide engineering calculations for ponding. 33. Show roof and, floor nailing as required by Table 25-J UBC. 34. Provide truss company roof layout and detailed truss drawings. C complete set. for each required plan. Show truss manufacture's na and ICBO approval number of the quality control agency doing t inplant inspection on truss detail package cover sheet. Identj locations of various truss types on layout. Section 2510h UBC. 35. Show Structural support of roof and/or attic mounted equipment. 36. Provide minimum (1) 3-foot x 6-foot 8" exit door. Section 3304 UBC. 37. Provide draft stops or tire stops in the following locations: Sect] 2516f & 3205b UBC. LIGHTING AND VENTILATION: 38. Provide 1/10 of floor area in natural light, minimum 10 square fee Provide 1/20 of floor area in natural ventilation. Baths req. min 1-1/2 sq. ft. openable window or exhaust fan. Section 1205 UBC. 39. One window in sleeping room to be maximum 44" above floor 5.7 sq. i minimum net clear opening with minimum width 20" and height 24 Section 1204 UBC. 40. Provide net free attic cross ventilation 1/150 or 1/300 applicable. Show method and amount on plans. Section 3205c UBC. 41. Provide safety glass in the following locations as required by Secti 5406 UBC: 42. Firewall from floor to roof and/or ceilings must be as required f one hr construction on the garage side. Duct penetrations must minimum 26 gauge. Section 503-4 UBC. 43. Self -closing 1-3/8" solid door required from garage to dwellit NOTE:Door may, not open into a room used for sleeping purpose Section 503d and 1104 UBC. 44. Garage floor surfaces must be constructed of non-combustiY materials. Section 1105 UBC. CS/FORMTH.001 - 3 -} , FIREPLACE: 45. Fireplace footing to be 6" larger each side of fireplace. Secti 3707b UBC. 46) Hearth to project minimum 16" from fireplace opening and 8" beyo // side opening. Where opening is 6 sq. ft. or more hearth shall be 2 and minimum 12" beyond each side. Section 3701 1 UBC. 47. Four #4 vertical bars tied horizontally at 18" O.C. required on 4 wide chimneys 2 additional bars for each additional 40" width traction thereof. Section 3704c UBC. 48. Firebox shall be not less than 2011•in depth. Section 3707c UBC 49. Chimney to project minimum 2-feet above any portion of roof within 10-foot radius measured horizontally. Table 37-B UBC. �50. Provide a cross section detail of the fireplace construction. 0 �- Provide interior doors at all fireplaces 'and outside combustion a for fireplaces located -on exterior walls. Section 2-5352 CAC. PLUMBING: (1988 UPC) 52. Indicate type of fuel gas: natural or LPG. Show location of supp tank. Tank up to 500 gallons req. 10-feet from building & proper lines. 53. Water heater and furnace platforms shall be min. of 18" above t floor. Section 1310 UPC. 54 Min. width of space for water closet 30". Clear space in front 24 Section 511 UBC. 1,)fzv Cayce "/Oe*V 55. Showers require a minimum area of 1024 sq. inches with an interi clear diameter of 30" minimum. Section 909 d UPC. 56. Tile lined tubs and showers must conform with IAPMO Stnd. 2-82 & 4-8 MECHANICAL: (1988 UMC) 57. Install protective barrier for appliances in line of travel. 58. Show location and BTU rating of heating unit. 59. Provide manufactures specs. for HVAC equipment and water heaters. 60. Show source & sizes of minimum required combustion air. Ch. 6 UMC . 61. Attic HVAC equipment must be installed as required by Section 708 UMC 62. Provide ducting layout. Also ICBO report if underground. (II CS/FORMTH.001 - 4 - ELECTRICAL: (1987 NEC) 63' Show convenience outlets a max. Wall space 2-feet or requires an outlet. more long. Section 210-52ANEC. at 64.Show ground fault circuit kitchen sink, in basements, outlets. Section 210-8a NEC. 65. d 67. 68) U of 6-feet openings and 12-feet and kitchen counter space 1211 orpm� end of kitchen counters over 6-fe interrupter for outlets wit , hin 6-feet bathrooms garages and at exteri Show grounding of main service to: bond to cold water piping & 20-feet UFE,R or driven water piping. Section 250-80a81Piping. Also bond sub_ ground wig Panels to gas Show location & size of main service and all _ 230-70a UBC, sub panels. Sectic Show location & tonnage of air conditioning compressor. Provide light & switch at ext. doors & top & bottom of stairs. Section 210h70a Nays EC, rooms, walk-in closet; MISCELLANEOUS: (19i38 UBC) 59. Provide IA.PMO listing and manufacturing specs. Pecs' location of 110 volt smoke battery back-up. Section olt smoUBCke detectors. Detectors ����%l�� �2 ��� must have 1• Private stairways m 1� risers. NOTE Y� 8 rise, minimum 9" Under stair closets must be lined witrun fo5 g2 or more wall. Section 3306a, c & m UBC. / rated dry 2• Handrail 34" to 38" above tread nosing on stairways. UBC. mill], �� Section 3306j 3• Guardrails minimum 36 high are r than 30" above grade. mired on balconies and r61Sect Vertical On in more apart. ion 1711 UBCail and open handrail may not be more than Submit energycalculations energy conservation r to comply with the State of California calculations in the plans. Shaw all r p aas. Title 20 & 24• requirements from design • Incorporate corre-ctions into the tracings and NOTE: Corrections; m not be in pencil. reprint' Provide two sets of all calculations & supplement Return original.plans with corrected azY information. plans. FORMM. 001 ()1 I - 5 - 78. Return correction lists & provide correction response by the persc responsible for the plans and/or calculations showing location of al revisions to the plans & calculations. 79. California Registered Engineer or Architect signature required c plans & calculations. Signature must be original. Civil an Structural Engineers must stamp & show expiration date of license. 80. Provide the following on the plans: owners name, project address scale of all drawings & title page with index. 81. Provide the following Department clearances: 82. Delete all items which are not applicable to proposed structure. 83. Provide cross-section details of the following: 84. Show contract elevation of remodel to existing. 85. Provide spot elevations -in the following locations: 86. Provide soil investigation reports. 87. Provide engineering calculations for combination bearing retainin walls. 88. Provide engineering calculations for the following: 89. Provide Engineering calculations for lateral stability as required t Chapter 23 UBC. 90. Provide TCBO number and/or reports for the following: 91. Provide spark arrestor and class rated roof in high fire areas. 92. Show edition of each applicable code on plans. 93. Show setbacks from all property lines and buildings on plot plan. 94. Special inspection is required for the following: 95. Owner, Designer and documentation author must sign CF-1R Forms. 96. Glazing areas on plans do not coincide with those in the energ calculations. CS/FORMTH.001 - 6 - `' C92i Verify that natural gas is available at the site. Revise ener calculations to reflect all electric or show location of propane tank 98. Show thermal .mass on floor plans. T ld'oo(o) � � �✓.�IWAt (411YZ ac T CS/FORMTH.001 - 7 - O PLANNING DIVISION Provide school mitigation impact letter. Provide copy of Grant Deed. Show color of roof tile, stucco & trim on plans. Show height dimension of structure. Show (3) outside hose bibs. 15 gallon trees required on corner lots. (3) - 15 gallon trees required on interior lots. Show location, type and height of all fences. Rain gutters & down spouts required of eaves within 5-feet of prope line. Provide grading plan. 10 Air conditioning equipment cannot be located in setback area. ,% Fireplac�r- sUln parts of _ structure may not extend more t] 1-foot into side yard setback or 2-feet into front or rear y< setbacks. Minimum garage depth is 24-feet when equipment is located in garac 20-foot minimum otherwise. Minimum net clear bedroom dimensions are 10-feet x 10-feet. 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CT Gvou itas Sir 7►. c#o.•• 4 U 7' yo N so Z /1/o u� �,v�l�y �°�,vc'GvO,� i'N�.� ��*r�.�a,✓®/v,�.. /�y � w�os vc.�y v�rywnpy �.,T� rN,j s.r,o �`��..► _o F �v�� 2. yx. ocC1 C#uP W# phovND /* nvo Z. O`ryf .4Go, MAR 2 0 1992 March 19, 1992 1. Ord Error) - Comments toward Guenther memo states "no written notice of 18' height problem". See plan check correction list - 1st submittal truss @ 5 in 12, second submittal @ 4 in 12, note at bottom of last page clearly poses concern for finish height. 2. (4th Error) - Who ever told framer trusses to be 5/12 instead of 4/12. Also note, studs were then cut from 9' to 8J'. Why were 9' studs ordered when plans show 8'1" plate line. 3. Lonnie Day approves roof nailing inspection and does not find height discrepancy at that time. 4. I am called to perform ok to wrap inspection in Lonnie Day's absence. Upon arrival at site I ask foreman what the height of house is, "we'll make it, it's real close" or a statement to that effect, please do not hold me to this as a verbatim quote. I performed the ok to wrap inspection with framer and foreman measured house and came to measurement of 17' 51" finish floor to underside of sheathing. The foreman stated he had already spoke with the mayor about this house. At that time, I did sign the ok to wrap inspection on the card, went to the office and asked Tom Hartung if he had okayed the height change. He informed me that he had spoken with the mayor and was advised by Mr. Pena that the situation should be handled through the usual methods, i.e., either correct condition or receive variance. I take my job seriously and appreciate my job with the City as it offers a learning experience each day. After leaving the site, the fact that I had not addressed the height situation continued to bother me -- I felt that all I had been for 3 years was consistent with each contractor, therefore, I had to address the height situation. Upon returning to the site after completing my inspections I returned to let the foreman know that I could not approve the exceeded height limit. The job site was unattended and I was unaware at that time Mr. Guenther lived next door. I did see the framing contractor at another site and let him know of the situation, he informed me he would be seeing the foreman and would let him know. I added I would be at the site personally the next morning. 5. Upon a discussion regarding the possibility of filing for a variance, I stated to Mr. Guenther that I believed a variance would be granted for the following reasons; 1) no houses across the street whose view would be negatively affected and 2) the granted variance at the Sobleman residence on Martinez. I also stated that my opinion was a variance would be granted. The work I would allow to continue was dry in of the roof to protect sheathing and wrap the douse to prevent damage to studs. 6. Again, the only work offered to continue was as stated above during a site visit with Mr. Guenther and Richard Kirkland. 7. How does foreman's relationship with Mayor supersede Building and Planning Department? 8. Phone call at home - Upon receiving phone call, Mr. Guenther first apologized for calling me at home. He explained how he perceived the no continue misunderstanding - I told him that foremost I was no longer in a position to let him proceed. He continued to tell what I had told him, at this time I stated to him "John, at 4:20 on a Sunday afternoon I don't give a rats ass about your house or problems." This blunt statement rewarded me with the objective intended -- Mr. Guenther went ballistic and hung up the phone. I consider the phone call at home an invasion of my privacy, I have an unlisted number and have no idea how Mr. Guenther obtained .-Lt. 9. There is clearly a problem, the house is too high. 1) It was pointed out in plan check. 2) it was asked "It looks high, do you make it?", during second plan check. 3) The show 8'1" plate line (wall height) if #2 above was ever considered, why would foreman and/or owner order 9' studs. 4) If framer pointed out during construction the potential height problem, why were studs only cut to 981" instead of a standard 921" to at least minimize the condition. 5) Mark is giving this house the same treatment the others receive -- he noticed the house exceeded the height, he t �. required the owner to deal with planning, just like the Sobleman house, when found at the same point of construction Mr. Sobleman was also required to obtain a variance Mr. Sobleman was not allowed to continue construction. 10) Why was an alternate roof plan or material not substituted when problem was pointed out at plan check? 11) I am a private citizen on Sunday and defend my right to privacy in my own home. There have been a number of errors in communication during this procedure, I feel the most notable was the lack of communication between Mr. Guenther and his foreman (an unlicensed contractor) during the plan check procedure. I also believe that a conscious decision was made to ignore the height limit, by either the foreman, the owner, or both as evidenced by Us 2, 4, and especially 9 and 10. Respectfully, BUILDING AND SAFETY DEPARTMENT Mark Harold Building Inspector II MH/lc PLANNING COMMISSION RESOLUTION 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND DENYING A VARIANCE FROM BUILDING HEIGHT RESTRICTIONS CASE NO. VAR 92-021 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of April, 1992, hold a duly -noticed Public Hearing to consider the request of JOH:N GUENTHER for approval of a Variance to the building height restriction in the SR Zone for a residence under construction located at 53-185 Avenida Bermudas, more particularly described as: Lots 10, Block 204, Santa Carmelita at Vale La Quinta Unit #20 WHEREAS, said Variance request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" ( County of Riverside, Resolution 82-213, adopted by reference in City of La Quinta Ordinance 5) , in that the Planning Director has determined that the project is categorically exempt and no further documentation is deemed necessary; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the denying of said Variance: 1. The application of the subject height requirements to the subject property will not deprive it of privileges enjoyed by other similarly zoned property in the area, since the height requirements may be reasonably attained. 2. Approval of the Variance as conditioned will constitute the granting of any special privileges inconsistent with limitations on other identically zoned property in the area. 3 There are no exceptional or extraordinary circumstances including shape, size, location, and surroundings that apply to this property, that do not apply to other property owners in the same zone. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That it does hereby deny said Variance 92-021 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 14th day of April, 1992, by the following vote, to wit: RESOPC.061 AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: JERRY HERMAN, Planning Director City of La Quinta, California RESOPC.061 PH-3 STAFF REPORT PLANNING COMMISSION MEETING DATE: A.PRIL 14, 1992 CASE NO: SR ADJUSTMENT 92-005 REQUEST: APPROVAL OF SR ADJUSTMENT TO ALLOW DEVIATION OF SR ZONE REQUIREMENT FOR AN 18 INCH ROOF OVERHANG TO ALLOW "0" OVERHANG FOR SINGLE FAMILY RESIDENCES. APPLICANT: LA QUINTA HOMES (ED LOHRBACH) LOCATION: TWO LOTS WITHIN THE COVE AREA LOCATED AT THE SOUTHWEST CORNER OF HILDAGO AND AVENIDA HERRERA AND THE EAST SIDE OF EISENHOWER DRIVE 135 FEET SOUTH OF CALLE ENSENADA. ZONING: SR (SPECIAL RESIDENTIAL) ENVIRONMENTAL DETERMINATION: CONSTRUCTION OF SINGLE FAMILY RESIDENCES ARE CATEGORICALLY EXEMPTED FROM THE GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THEREFORE, NO FURTHER ENVIRONMENTAL DOCUMENTATION IS DEEMED NECESSARY. BACKGROUND: The Applicants presently have two lots upon which to construct residential units of approximately 1500 square feet. Additionally, they may be constructing on more lots in the future. The SR zone requires that 18" eave overhangs be provided on all sloped roofs. The Applicants are proposing to use a combination of slope and/or flat roofs. For the sloped roofs, the Applicant wishes to provide a 110" overhang in order to achieve their desired architectural style. The Applicants have indicated that they are trying to build units which are similar to the Casitas units at the La Quinta Hotel which can be described as an Early California style. Although the Applicants are proposing no overhangs for the corner lots, the windows which face the side street would be recessed. Over the larger windows facing the front of the lot, the plans indicate that a covered trellis would be utilized. DESIGN REVIEW BOARD ACTION: The Design Review Board reviewed this request at their meeting of March 4, 1992. There action was to recommend approval of a waiver of the 18" eave overhang provided the Applicant could provide windows which are recessed 611 from the PCST.050 exterior wall or some other shade treatment for the windows which face either south or west. The Applicant did indicate that the windows could be recessed and that the shade trellis over the front could be utilized at the rear if necessary. ANALYSIS: The main purpose of the eave overhang requirement is to provide adequate protection over door openings and shading of glass areas. Additionally, it is generally felt that with an overhang, the architecture appears better proportioned. The Design Review Board's recommendation would assure that the windows have some protection from sun exposure. With regards to the appearance of the units, the Applicant has designed an attractive residential unit. The look of the unit is similar to the Casitas units at the La Quinta Hotel with the exception of the fact that the proposed units has a two car garage attached. The Applicant has indicated that they wish to build other units in the Cove area in a similar architectural style. This would also necessitate granting of SR Adjustments. This SR Adjustment request was advertised to all property owners within 150 feet of the subject property. As of the date of the writing of this report, no negative correspondence has been received. REQUIRED FINDINGS: The Municipal Code allows deviation from this requirement provided that the Planning Commission determines that the adjustment will be "compatible with the surrounding neighborhood". Staff does feel that 1'he architecture will be attractive and be an upgrade to the area. The deviation would not be detrimental provided the Design Review Board's recommendation is followed. RECOMMENDATION: That the Planning Commission review the requested adjustment in light of the above Staff comments and the Design Review Board recommendation and determine acceptability. Should you feel this request is acceptable, move by Minute Motion, subject to the attached conditions and any other conditions the Planning Commission feels is appropriate. Attachments: 1. Location map 2. List of suggested conditions. 3. Planned exhibits PCST.050 �' z _tAfL!'4—ENSENADA- 4c J 1 W t CASE No. f• It ld U. N -*ujA. la. /t /YC N/DAL60 Si - 1 t tie) ®r is VAIL s n © t to f jw C 0 ®IIt- r/( Z toy V M� V WORT R SR ADJUSTMENT 92-005 BUILDING DESIGN STANDARDS EXTERIOR goo "posmolk Ifts -ago CONCRETE OR CLAY T I LE ROOFING REQUIRED 17 MAX HEI IN S-R V I MUM HEIGHT: 17 FEET IN THE S-R ZONE 35 FEET IN OTHER ZONES,# SUBJECT TO DESIGN APPROVAL BY THE PLANNING C"I SSION XTER I OR MATERIALS: SIDING SHWL BE STUCCO, PLASTER, MASONARY OR A SIMILAR MATERIAL, WOOD, OR MATERIALS OF A SIMILAR APPREARANCE, MAY BE USED AS TRIM AND DESIGN ACCENTS FOR LP TO A MAXIMIM OF 20 PERaw OF THE SURFACE WAIL AREA ON ANY ONE SIDE OF THE HOUSE, LfUSS AN ADJUSTMENT HAS BEEN APPROVED BY THE PLANNING C"I SSION. EXCEPTING FLAT ROOFS, ROOF MATERIAL SHALL BE CLAY OR CONCRETE TILE, LfUSS AN ADJUSTTNIT HAS BEEN APPROVED BY THE PLAM ING C"ISSION, ALL ROOFING MATERIALS SHAM BE RATED AS "CLASS A"u OOF DESIGN: ROOF EAVES MUST EXTEND A MINIMUM OF 18 INCHES FROM THE WALL., EAVES SHALL BE LARGER WAERE NECESSARY TO PROVIDE ADE"TE PROTECTION OVER DOOR OPENINGS. ,U I LD I NG COLORS: EXTERIOR SIDING, ROOF AND TRIM COLORS ARE SUBJECT TO APPROVAL. 'CESSORY USES: HEATING AND COOLING EQUIPTMENT, AND SATELLITE RECEIVING DISHES AND SIMILAR COM uN I CATION DEVICES, SHAM BE GROUND-�ED OR SCREENED FROM VIEW ON ALL SIDES BY THE ROOF STRUCTURE. CONDITIONS OF APPROVAL SR ADJUSTMENT 92-005 - RECOMMENDED LA QUINTA HOMES APRIL 14, 1992 1. Approval shall be subject to exhibits on file in the Planning and Development Department. Minor deviations from approved plans may be approved by the Planning and Development Department. 2. Glass areas facing south and west shall be provided with a shade treatment (i.e., solid cover, tinting, etc.) or shall be recessed 6f' from exterior wall to satisfaction of the Planning and Development Department. 3. The development of the property shall comply with all requirements of the Municipal Code including provision of rain gutters at eaves, except as approved by this SR Adjustment. 4. Any existing trees shall be retained or relocated on site, if feasible. CONAPRVL.051 PLANNING COMMISSION RESOLUTION 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PREANNEXATION ZONING CASE 91-071 REQUESTING TO AMEND THE LA QUINTA ZONING MAP BY ZONING 40 ACRES A-1-20 PREANNEXATION ZONING CASE 91-071 WHEREAS, the area to be proposed for annexation currently lies within the County of Riverside; and, WHEREAS, California Government Code Section 65859 allows for cities to prezone property adjacent to its corporate limits for purposes of determining appropriate zoning prior to annexation of such property; and, WHEREAS, the Planning Commission of the City of La Quinta, California did on the 14th day of April, 1992, hold a duly noticed Public Hearing to consider the request to amend the La Quinta Zoning Map zoning the area as A-1-20; and, WHEREAS, said preannexation zoning has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (County of Riverside, Resolution 82-213, adopted by reference in City of La Quinta Ordinance No. 5) , in that the Planning Director has determined, after reviewing the General Plan, the area to be annexed, the adjacent land uses, the current zoning and uses, and related matters, that the preannexation zoning is consistent with the General Plan and with the Master Environmental Assessment, and that no significant adverse environmental impact will result from the proposed Amendment; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the recommendation for approval of said preannexation zoning: 1. The property is suitable for development under the proposed preannexation zoning of A-1-20. 2. The County of Riverside zoning of the property is A-1-20. 3. The proposed City zoning classification of A-1-20 is compatible with the existing County zoning. 4. Environmental Assessment 92-231 identifies no significant adverse environmental impact from the proposed preannexation zoning. 5. The property is contiguous to La Quintals present corporate limits, and represents a part of a logical extension of La Quinta. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: RESOPC.072 1 1. The above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby confirm the conclusion of Environmental Assessment 92- 231 in that the preannexation zoning will not result in a significant adverse impact on the environment; 3. That the Planning Commission does hereby recommend to the City Council approval of Preannexation Zoning 92-071 subject to the condition that the property be annexed to the City of La Quinta. The property is described in Exhibits "A" and "B" , attached hereto. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 14th day of April, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: JERRY HERMAN, Planning Director City of La Quinta, California RESOPC.072 N e 0 It O �Fi (arr A is -70&*o Y n � s � o I � 1 ; :I m i I ' i I ` 1 is - • — NO s/orm � lh,OY TT $ O v atcolka. /a) RaovasTCO ev . ~ V b..y H ORANGE COAST TITLE CO. 1 MAIL TAX STATCMCNT TO cc Ix UJI 0 Wieg"aaeoRotoMAILTo t p W r U aB Imperial Irrigation District > -� P.O. Box 9d7 Imperial, Ca. 92231 L u� i J \� OnOCR NO. oCCOPOE"S USC ONLY CSCROW No. 1772-3C '.... �— DOCUMENTARY TRANSFIQ R TAX B— ' COMPVTIO ON FULL VALUC OrI"RT'yCONVByto.OR CORPORATION COMrUTt;DON FULL VALUE LESS LitNS a ENCUMBRANCES 11 �� REMAt 'NO THEREON AT TIME OF &ALI. GRANT DEED ' X Sq o► eavara or pent ot-arminlns tax - Fnn Nervy U9"ncoroer8tee Area Crty of LANDMARK LAND COMPANY OF CALIFORIVIA, INC., A Delaware Corporation FOR A VALUABLE CONSIDERATION, DOES HEREBY GRANT To a corpora IMPERIAL IRRIGATION DISTRICT, an irrigation District he real property In the County Slate of CJiitomla, dexnbed as: The Southwest quarter of the Southeast quarter of Section 22, Township 6 South, Range 7 East, San Bernardino Base and Meridian; Excepting vierl:from the South 30 feet Vivreof, for public rvaU. Date0:1�'�O— Rfs LANDMARK LAND COMPANY OF CALIFON �'- r rx uc,aware Corporation (Cerpontioo AckaoWkdlmaj) v SPAT! Of CALIp0 IA BY pLJ e bounty o! V F b thl, loth day Decembtr U the tar t! 85 or eaidCOunry and State, ersonafl eared - Andy R Veial n• hcrort ne, the undenI ned, a Netary ►ubilc to and P 7 appeared end f�ael�e I 1•j!f craonaf}c known to ma for p:o•ed to ---------- -____— the et rar ---- e.idcnce) to be the persoa WAa executed tht rldtin Instrument a ______!V cA PreeiEe"ta fret" named, and aeknewle ted to tee that such corporation executed it `e - --= nli e- Bn,-1.-1-e aereoratiae ,TNT my kand and ar ial ao�wn Pub1k M and for mid County Bad State. s4 Olt A pw AneB tl. tsp RESPONSES TO ENVIRONMENTAL CHECKLIST EA 92-231 Preannexation Zoning 91-071 EARTH Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. AIR Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. WATER Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. PLANT LIFE Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. ANIMAL LIFE Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. INCISE Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. DOCJH.060 1 LIGHT AND GLARE Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. LAND USE The property will be zoned A-1-20, and is similar in character to the exiting County of Riverside zoning. The approval of this preannexation zoning does not have the potential to result in any impacts identified in this category. NATURAL RESOURCES Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. RISK OF UPSET Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. POPULATION Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. HOUSING Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. TRANSPORTATION/ CIRCULATION Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. DOCJH.060 ` PUBLIC SERVICES The City of La Quinta currently contracts for fire and police services from Riverside County. I'he City police services will be responsible for this area. To accommodate this additional need, the City may need to increase its contract for man power. However, this impact is not significant. Park and recreation facilities will be provided by the Coachella Valley Parks and Recreation Board and as appropriate by the City of La Quinta. However, approval of this preannexation zoning will not have an adverse affect on, or result in, the need for new park and recreation facilities. ENERGY Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. UTILITIES Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. HUMAN HEALTH Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. AESTHETICS Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. RECREATION Because no development is presently proposed, and because the proposed zoning designation for the area is equal to the County of Riverside zoning designation, the preannexation zoning does not have the potential to result in any impacts identified in this category. ARCHAEOLOGICAL HISTORY The area to be zoned contains no known archaeological or historical sites, however pursuant to standard City procedures, archaeological studies will be required as necessary when particular sites are proposed for new development. DOCJFI.060 Background Name of Proponent Environmental Assessment No. 9�L-4�31 Case No. t- (-01/ ENVIRONMENTAL CHECKLIST FORM IVL Address & Phone Number of Proponent , Date Checklist Prepared , Agency Requiring Checklist f3/a-7 / 9 z- Name of Proposal, if applicable 11b QK?,�e>ri (,ry 1 pXtsec� C. Environmenta Ip 'explanation of "yes" & "maybe" answers are required on attached sheets.) YES MAYBE NO . Earth. will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or over covering of the soil? c. Change in topography or ground surface relief features? / y d. The destruction, covering or modification of any unique geologic or physical features. e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure or similar hazards? FORM.009/CS -1- 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature or any change in climate, either locally or regionally? 3. Water. Will the proposal result in: a. Changes in currents or the course of direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or with - drawls, or through interception of an aquifers by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding or tidal waves? YES MAYBE NO v ✓ y YES MAYBE NO 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, & aquatic plants)? b. Reduction of the numbers of any unique, ✓ rare or endangered species of plants? c. Introduction of new species of plants _ ✓ into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of agricultural crops? 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or ✓ numbers of any species of animals (birds, land animals including reptiles, fish & shellfish, benthic organisms or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? 6. Noise. Will the proposal result in: a. Increases in existing noise levels? �✓ b. Exposure of people to severe noise levels? ✓ 7. Light and Glare. Will the proposal produce _ new light or glare? 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: / a. Increase in the rate of use of any ✓ natural resources? YES MAYBE NO 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including but not limited to oil, pesticides, chemical or radiation) in the event of an accident or upset conditions? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing � housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities —� or demand for new parking? c. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor —�- vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or the altered governmental services in any of following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities & roads? f. Other governmental services? YES MAYBE NO 15. Energy. Will the proposal result in: a. Use of substantial amount of fuel or energy? b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: / a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health). / 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources a. Will the proposal result in the alter- ation of or the destruction of a pre- historic or historic archaeological site? / b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? YES MAYBE NO c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? t� d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. M.andatcry Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one in which occurs in a relatively brief definitive period of time while long-term impacts will endure well in the future). / c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant). / d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. Discussion of Environmental Evaluation (Narrative description of environmental impacts.) IV. Determination (To be completed by the Lead Agency). On the basis of this initial evaluation: I find that the proposed project COULD NOT have a Zsignificant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Da e All Departments have evaluated the phasing plan and the plan as prepared is a logical completion of the tract. However, all requirements of the Engineering and Fire Departments shall be met. ANALYSIS: This request is the second one year extension for this subdivision. To date, all applicable requirements have been complied with. LETTER OF OPPOSITION: On April 1, 1992, Staff received a letter from Mr. Jerry Kurbatoff, a resident of Starlight Dunes (Phase I), requesting the City examine the time extension request to determine if a second time extension is necessary for the Applicant based on the existing condition of the site. Mr. Kurbatoff referenced the condition of the property at this point and some of the hazards which exist. Mr. Kurbatoff points are well taken, and Staff has forwarded a copy of his letter to both the Code Enforcement and Fire Department for review. If actions against Starlight Dunes Partnership need to take place regarding the use of their vacant property, citations can and will be issued, but nuisance violations typically are not grounds for denying a tentative tract map time extension request. Staff will update the Planning Commission on this issue at the meeting. CONCLUSION: The Planning and Development Department, Engineering Department, and Fire Marshal have no major changes to the existing Conditions of Approval and only minor modifications to the original conditions have been made. Findings necessary to recommend approval of this time extension can be made and are attached to the draft Planning Commission Resolution. RECOMMENDATION: By adoption of the attached Planning Commission Resolution 92- recommend to the City Council approval of the second extension of time for Tentative Tract 23773, subject to the attached conditions. Attachments: 1. Location map 2. Tentative Tract layout 3. Letter from Mr. Jerry Kurbatoff 4. Letter from Starlight Dunes 5. Phasing concept 6. Draft Planning Commission Resolution 92- with Conditions of Approval. PCST.048 C 00 " 14.15 a c04 I'So•w. CASE Nm rARCEL MA119br-4 •i eAe 90wn•'C PARCEL PARCEL t lAF 1,451C 1392.59 J KYLE ST_ AXY RI V£ �14 m ql i'ri M 3 IT: 023 Y �2z z � a -- Q t21 � n r2U 0 Jd. t 8 Ii+„ 71.9G DT3710 C. WAT ry,9J"V6/a F. 4J lii N.3a01'l! T. 23•ic �y 50.09 M.4�•277ow.20./7�r'r^' �� — 1443.81 _ 1 FRED WARING DRIVE N, 1566.90 89' 35' 10"E r THE ACCESS RIGHTS OVER LOT "M" HAVE BEEN RELINQUISHED TO THE CITY OF LA QUINTA PER TRACT NO. 23773-1, M, B. 204139 -43 CASE MAP Tract 23773 (phase 2) Remaining Improvements ORTH SCALE: nts Exhibit A �1 U APR 0 1 1992 CITY OF LA GUkiA PLANNING DEPAR1 �aU!VT March 31, 1992 Honorable Chairwoman and Members of the Planning Commission City of La Quinta Post Office Box 1304 La Quinta, California 92233 Re: Public Hearing, April 14, 1992 Item: Tentative Tract 23773, Starlight Dunes Applicant: Rick Johnson Request: Second one year extension Dear Planning Commission Members: As a homeowner in Starlight Dunes and a constituent of La Quinta I want to assert for the record that I am adamantly opposed to any extension of time in the above matter. We purchased our home and moved our businesses here because we were assured that Starlight Dunes was going to be a very upscale completed development of expensive luxury homes. The location is ideal and our homes are beautiful; however, this development has not been completed and what lies 10 feet directly behind our property line is the best kept secret in La Quinta. Rick Johnson has established his own private garbage dump. From an environmental point of view, the lots are more than just an eyesore. From a safety point of view, the City of La Quinta may very well be liable for an accident that is just waiting to happen. There are no embellishments here, all one has to do is visit the location and view for oneself. Truck after truck has dumped loads of concrete, asphalt, wood, nails, chemicals, glass and steel in this area that was originally intended for homes. Children jump the fences and play in this area every day. An excavation crew has removed soil and left a pit with walls that are approximately 10 to 12 feet high. If a child were playing at the base of these etched walls and the walls were to give way like an avalanche of snow, who is to blame? If Rick Johnson cannot complete the development as promised, then perhaps someone else should be allowed to do so. 40-100 Washington Street, Suite #133-173, Bermuda Dunes, Cafifornia 92201 i' ' Office 619-360-4191 faX 619-360-4194 THE BLACK LEOPARD Re: Public bearing, April 14, 1992, Starlight Dunes/Rick Johnson Page 2 If members of the Planning Commission deem it appropriate to grant another extension in time, then at the very least I request that the Commission ensure that Rick Johnson be required to grade these lots, remove the build up of trash and install the streets. Please, I urge you, do not grant an extension without viewing this property for yourselves. Our financial investment and reasonable expectation for a beautiful and safe environment is very important to us. That is why we are here and why I have taken this time to write this letter. Sincerely, Jerry Kurbatoff Partner, The Black Leopard cc: Francine Mathy, Starlight Dunes HOA - Landscaping & Grounds Spokesperson -ram MAR 2 5 1552 March 24, 1992 Jerry Herman - Planning and Development Department C/O City of La Quinta P.O. Box 1504 La Quinta, Ca. 92253 RE: Second time extension request - TTM 23773 (Phase 2) Dear .Ferry: Due to depressed sales and marketing conditions in our area, we humbly ask for a 12 month extension on the above referenced tract map. Our previous desire was to record the map for the balance of our lots (101 buildable), which was approved and ready for recordation with your Engineering Department. Our development plans have changed and we are in the process of separating our remaining buildable lots into Phase 1 (20 Lots) and Phases 3, 4, 5 and 6 with each phase containing approximately 20 lots. This will give us smaller phases, which will assist us with our development goals. Regarding an update as to the status of our project, we have completed, sold and closed escrows on all the lots and homes in our first phase (48 total) and our Engineers are rapidly moving forward with the completion of the Tract Map modifications, to accomplish our above referenced goals. Thank you for your assistance on the above referenced matters and if we can be of further help in any way please contact US. Respectfully, Rick E. Johnson REJ/if P.O. Box 329 • La Quinta, California 92253 Development Location: 43-845 Galaxy Drive • La Quinta, California 92253 ,,r-______.._FRED WARING _ DRIVE CASE No. Tract 23773 - Starlight Dunes Phasing Concept Submitted 3-23-92 V) E M Q SCALE : nts ()0._` 1� Mr. & Mm PQbert OeSeft 78920 Aumm " La CA 92253 lui i � APR 0 7 1992 1 DO Gily OF I.A QUiWfA— PLANNING OFF-AHT.t, -W t �.1� Starlight Dunes Homeowners Association, La Quint r APR 0 7 1992 April 5 ,PLA49k T Re Tentative Tract 23773, Starlight Dunes. On April 14, 1992, the Planning Commission will consider a request from Rick Johnson Construction to grant a second one year extension of time for phase two of the above numbered tract. While the Board of Directors of Starlight Dunes Homeowners Associ- ation does not oppose this extension, we do feel that the Commiss- ion, City Council, Building Department, and, those responsible for the enforcement of CEQA statutes, should be made aware of what we consider a disregard for the integrity of our development by the applicant. In addition to the many unresolved homeowner complaints regarding construction, we are additionally concerned with the treatment of the adjacent land which is the subject of the extension request, such as, Large scale dumping of construction debris and other refuse on the site. Large quantities of earth removal which we feel could result in adj- acent homes being adversely affected by erosion. Ground surface has been so disturbed by traffic and grading that it will most certainly become a dust hazard and nuisance during the up- coming windy season. Area is being used as a storage yard by various sub -contractors, which along with the dumping and excavation, gives the appearance of a waste management landfill, rather than a future residential site. All of the described activities has resulted in a degenerative state to our gates, roads, and perimeter fencing. In conclusion our Board of Directors will appreciate the forwarding of our concerns and complaints to the proper sources for resolution. 0 Sincere31� Jerry Yoon President Starlight Dunes Homeowners Association ]PLANNING COMMISSION RESOLUTION 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF MODIFIED TENTATIVE TRACT 23773 EXTENSION OF TIME (SECOND REQUEST) CASE NO. TT 23773 - STARLIGHT DUNES WHEREAS, the Planning Commission of the City of La Quinta, did, on the 28th day of March, 1989, hold a duly noticed Public Hearing, and on the 22nd day of August, 1989, did held a Public Meeting to consider the request of Starlight Dunes Partnership to approve and modify Tentative Tract 23773 respectively, generally located northwest of the Fred Waring Drive and Adams Street intersection, more particularly described as: BEING A SUBDIVISION OF PARCEL 4 OF PARCEL MAP NO. 5361, P.M. 11/79, PORTION OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE MERIDIAN, IN THE CITY OF LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA. WHEREAS, the City Council of the City of La Quinta, California, did on the 23rd day of March, 1989, hold a duly noticed Public Hearing, and the 6th day of September, 1989, held a Public Meeting to consider the Applicant's request and recommendation of the Planning Commission concerning Tentative Tract 23773 and modified Tentative Tract 23773 respectively, and on both occasions made findings to justify the approval of the applications; and, WHEREAS, said Tentative Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended) and adopted by City Council Resolution 83-68, in that the Planning Director conducted an initial study, and has determined that the proposed Tentative Tract will not have a significant adverse impact on the environment and a Negative Declaration was prepared; and, WHEREAS, the owners, Starlight Dunes Partnership, have applied for this Second Extension of Time for modified Tract 23773, in accordance with Section 13.16.230 of the La Quinta Municipal Code relating to time extension on tentative maps Second One Year Extension of Time; and, WHEREAS, at said Public Meeting, said Planning Commission did find the following facts to justify the approval of said Tentative Tract Map Second Extension of Time: RESOPC.016 Q I 1. That modified Tentative Tract 23773, as conditionally approved, is consistent with the goals, policies, and intent of the La Quinta General Plan for land use density, unit type, circulation requirements, R-1 zoning district development standards, and design requirements of the Subdivision Ordinance. 2. That the subject site has a rolling topography because of the sand dunes, with the overall slope going from the west to the east side of the property. The proposed circulation design and single family lot layouts, as conditioned, are, therefore, suitable for the proposed land division. 3. That the design of modified Tentative Tract 23773 may cause substantial environmental damage or injury to the wildlife habitat of the Coachella Valley Fringe -Toed Lizard, but mitigation measures in the form of fees for a new habitat area will lessen this impact. 4. That the design of the subdivision, as conditionally approved, will be developed with public sewers and water, and, therefore, is not likely to cause serious public health problems. 5. That the design of modified Tentative Tract Map 23773 will not conflict with easements acquired by the public at large for access through the project, since alternate easements for access and for use have been provided that are substantially equivalent to those previously acquired by the public. 6. That the proposed modified Tentative Tract 23773, as conditioned, provides for adequate maintenance of the landscape buffer areas. 7. That the proposed modified Tentative Tract 23773, as conditioned, provides storm water retention, park facilities, and noise mitigation. 8. That general impacts from the proposed tract were considered within the MEA prepared and adopted in conjunction with the La Quinta General Plan. WHEREAS, in the review of the Second One Year Time Extension of this tentative tract map, the Planning Commission has considered the effect of the contemplated action of the housing needs of the region for purposes of balancing the needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby reconfirm Environmental Assessment 88-104, approved with the initial Tentative Tract, is adequate. 3. That it does hereby recommend approval to the City Council Tentative Tract 23773 Second One Year Time Extension for the reasons set forth in this Resolution and subject to the attached conditions. REsopc.016 fI PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 14th day of April, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: JERRY HERMAN, Planning Director City of La Quinta, California RESOPC.016 3 �J -1 PLANNING COMMISSION RESOLUTION 92- CONDITIONS OF APPROVAL - PROPOSED TENTATIVE TRACT 23773, SECOND ONE YEAR EXTENSION OF TIME APRIL 14, 1992 GENERAL: 1. Tentative Tract 23773 shall comply with the requirements and standards of the State Subdivision Map Act and the City of La Quinta Land Division Ordinance, unless otherwise modified by the following conditions. 2. Design and improvement of Tentative Tract 23773 shall be in substantial conformance with Exhibit A. 3. This tentative tract map approval shall expire on March 26, 1993, unless approved for extension pursuant to the City of La Quinta Land Division Ordinance. 4. The Applicant acknowledges that the City is considering a City-wide Landscape and Lighting District and, by recording a subdivision map, agrees to be included in the District and to offer for dedication such easements as may be required for the maintenance and operation of related facilities. Any assessments will be done on a benefit basis, as required by law. ENGINEERING / GRADING / DRAINAGE: 5. The Applicant shall have a grading plan prepared by a Registered Civil Engineer, who will be required to certify that the constructed conditions at the rough and final grade stages are as per the approved plans and grading permit. This is required prior to issuance of building permits. 6. The developer of this subdivision shall submit a copy of all proposed landscaping and irrigation plans to Coachella Valley Water District (CVWD) for review and comment with respect to CVWD's water management program. 7. A thorough preliminary engineering geological and soils engineering investigation shall be done and the report submitted for review along with the grading plan. Pursuant to Section 11568 of the Business and Professions Code, the soils report certification shall be indicated on the final subdivision map. 8. The developer of this subdivision of land shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City without the approval of the City Engineer. 9. Drainage disposal facilities shall be provided as required by the City Engineer. The Applicant shall comply with the provisions of the City Master Plan of Drainage, including payment of any drainage fees required therewith. All drainage runoff for 100-year storm shall be retained in basin on -site, including runoff from Fred Waring Drive and Starlight Lane. CONAPRVL.048 Conditions of Approval TT 23773 April 14, 1992 10. All utilities will be installed and trenches compacted to City standards prior to construction of any streets. The soils engineer shall provide the necessary compaction test reports for review by the City Engineer. 11. The developer shall retain a qualified archaeologist immediately upon discovery of any archaeological remains or artifacts and employ appropriate mitigation measures during project grading and development. 12. Applicant shall submit an erosion and dust mitigation program for review by the City Engineer prior to issuance of permits for any grading activity. 13. Any earthwork on contiguous properties requires a written authorization from the owner (s) ( slope easement) in a form acceptable to the City Engineer prior to any grading permit issuance. 14. Prior to recordation of a final map, the applicant shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat Conversion Program, as adopted by the City, in the amount of $600 per acre of disturbed land. TRAFFIC AND CIRCULATION: 15. The Applicant shall dedicate all necessary public street and utility easements as required by the City Engineer: 16. That the Applicant shall have prepared street improvement plans (for public and private streets) that are prepared by a Registered Civil Engineer. Street improvements, including traffic signs, markings, and raised median island, shall conform to City standards as determined by the City Engineer and adopted by the La Quinta Municipal Code as set forth in these conditions. 17. Street name signs shall be furnished and installed by the developer in accordance with standards of the City Engineer. TRACT DESIGN: 18. The tract layout shall comply with all the R-1 zoning requirements, including minimum lot size and minimum average depth of a lot. The minimum lot size to be recorded in a final map shall be 9,000 square feet. 19. Plans for tract phasing of public improvements shall be submitted for review and approval by the Public Works Department. MAINTENANCE: 20. The subdivider shall make provisions for maintenance of all landscape buffer and storm water retention areas via one of the following methods prior to final map approval. CONAP7.RVL.048 Conditions of Approval TT 23773 April 14, 1992 a. Subdivider shall consent to the formation of a maintenance district under Chapter 26 of the Improvement Act of 1911 ( Streets and Highways Code, Section 5820 et. seq.) or the Lighting and Landscaping Act of 1972 (Streets and Highways Code 22600 et. seq.) to implement maintenance of all improved landscape buffer and storm water retention areas. It is understood and agreed that the Developer/Applicant shall pay all costs of maintenance for said improved areas until such time as tax revenues are received from assessment of the real property. b . The Applicant shall submit to the Planning and Development Department a Management and Maintenance Agreement, to be entered into with the unit/lot owners of this land division, in order to insure common areas and facilities will be maintained. A unqualified right to assess the owners of the individual units for reasonable maintenance costs. The association shall have the right to lien the property of any owners who default in the payment of their assessments. The common facilities to be maintained are as follows: 1.) Storm water retention system. 2.) Twenty -foot perimeter parkway lot along Fred Waring Drive. 3.) Interior private street system, including access gates and related common lots. PUBLIC SERVICES/UTILITIES: 21. Applicant shall comply with the following requirements of the Fire Marshal: a. Schedule A fire protection approved super fire hydrants (6" X 4" X 2- 1 / 2" X 2-1 / 2") shall be located one at each intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from any hydrant. Minimum fire flow shall be 1, 000 GPM for two hours duration at 20 PSI. b. The required water system, including fire hydrants, shall be installed and accepted by CVWD prior to any combustible material being placed on any individual lot. C. Prior to the recordation of the final map, Applicant/Developer shall furnish the water system improvement plans to the Fire Department for approval. Plans shall conform to the fire hydrant types, location, and spacing, and the system shall meet the required fire flows. d . All access gates shall be power operated and equipped with a radio - controlled override system capable of opening the gate when activated by a special transmitter located in emergency vehicles. System shall be CONAPRVL.048 Conditions of Approval TT 23773 April 14, 1992 designed to unlatch gates in the event of power failures or be equipped with backup power facilities. Developer to provide four transmitters to the Fire Department. 22. The Applicant shall comply with all requirements of the CVWD. Any necessary parcels for District facility expansion shall be shown on the final map and conveyed to the CVWD, in accordance with the Subdivision Map Act. BUILDING AND USE DEVELOPMENT: 23. If a specific dwelling product is envisioned or if groups of lots are sold to builders prior to the issuance of building permits, the Applicant/Builder shall submit complete detail architectural elevations for all units. The Planning Commission will review and approve these as a Business Item. The basic architectural standards shall be included as part of the C C & R's . 24. Seventy-five percent of dwelling units within 150 feet of the ultimate right-of- way of Fred Waring Drive shall be limited to one story, not to exceed 20 feet in height. The Applicant shall submit to the Planning and Development Department for approval a siting plan showing the location of all unit types proposed by the developer. No dwelling units within 150 feet of the ultimate right-of-way of Washington Street shall be higher than one story, not to exceed 20 feet. 25. The appropriate planning approval shall be secured prior to establishing any of the following uses: a. Temporary construction facilities. b . Private access gates and guardhouse (s) . C. Sales facilities, including their appurtenant signage . d . On -site advertising/ construction signs. 26. Tract and building permits shall incorporate the recommendations of the acoustical analysis prepared by Ultrasystems, dated December, 1988. WALLS. FENCING, SCREENING, AND LANDSCAPING: 27. Prior to issuance of any grading permits, the Applicant shall submit to the Planning and Development Department an interim landscape program for the entire tract, which shall be for the purpose of wind erosion and dust control. 28. Prior to final map approval, the Applicant shall submit to the Planning Division for review and approval a plan (or plans) showing the following: CONAPRVL.048 4 Conditions of Approval TT 23773 April 14, 1992 a. Landscaping, including plant types, sizes, spacing, locations, and irrigation system for all landscape buffer and common areas including gates. Desert or native plant species and drought -resistant planting materials shall be incorporated into the landscape plan. b. Location and design detail of any proposed and/or required walls. c . Exterior lighting plan, emphasizing minimization of light and glare impacts to surrounding properties. 29. Prior to building permit approval(s), the subdivider shall submit criteria to be used for landscaping of all individual lot front yards. At a minimum, the criteria shall provide for two 15 gallon trees and an irrigation system. MISCELLANEOUS: 30. Prior to the issuance of a grading permit and building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and/or clearances from the following public agencies: o City Fire Marshal o City of La Quinta Public Works Department o Planning and Development Department, Planning Division o Coachella Valley Water District o Desert Sands Unified School District o Imperial Irrigation District Evidence of said permits or clearances from the above -mentioned agencies shall be presented to the Building and Safety Department at the time of the application for any permit for any use contemplated by this approval. 31. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee Program in effect at the time of issuance of building permits. 32. Applicant shall provide the City a signed set of "as built" reproducible drawings of all grading and improvements except water and sewer. 33. The City is contemplating adoption of a quality -assurance program for privately -funded construction. If the program is adopted prior to the issuance of permits for construction of the improvements required of this map, Applicant shall fully comply with the quality -assurance program. If the quality -assurance program has not been adopted, Applicant shall employ or retain a California registered civil engineer to exercise sufficient supervision and quality control during construction of the tract grading and improvements to certify compliance with the plans, specifications, applicable codes, and ordinances. CONAPRVL.048 5 Conditions of Approval TT 23773 April 14, 1992 The engineer shall provide the following certifications and documents upon completion of construction: A. The following statement placed on the "as built" plans: "the construction of all improvements on these plans was properly monitored by qualified personnel under my supervision for compliance with the plans and specifications. The work shown hereon was constructed as approved except as otherwise noted. Noted exceptions have been approved by the City Engineer." B . Prior to issuance of any building permit, the engineer shall provide a separate document, bearing the engineer's seal and signature, that documents building pad elevations. The document shall, for each lot in the tract, state the pad elevation approved on the grading plan, the as - built elevation, and shall clearly identify the difference, if any. The data shall be organized by tract phase and ]lot number and shall be cumulative if the data is submitted at different times. CONAPRVL.048 6 BI-1 STAFF REPORT PLANNING COMMISSION MEETING DATE: APRIL 14, 1992 PROJECT: TENTATIVE TRACT 25499 REVISED FIRST EXTENSION OF TIME LOCATION: GENERALLY LOCATED EASTERLY OF LAKE CAHUILLA NORTH OF 58TH AVENUE WITHIN PGA WEST. APPLICANT: SUNRISE COMPANY, MR. ALLAN LEVIN REQUEST: APPROVAL OF FIRST ONE YEAR TIME EXTENSION PAST APPROVAL: TO SUBDIVIDE 88.5 ACRES INTO 33 RESIDENTIAL CONDOMINIUM LOTS TO ALLOW FOR DEVELOPMENT OF 308 CONDOMINIUM UNITS. ENVIRONMENTAL CONSIDERATIONS: TIME EXTENSION REQUESTS ARE EXEMPT FROM CEQA REQUIREMENTS. GENERAL PLAN DESIGNATION: LOW DENSITY RESIDENTIAL (2-4 UNITS/ACRE) . EXISTING ZONING: R-2 ORIGINAL PROJECT BACKGROUND: Tentative Tract 25499 is a development map proposal located within a portion of previously approved Tract 21642, which subdivided a larger area of PGA West into lots for land sales to Sunrise Company. Tentative Tract 24801 was previously approved as a similar re -subdivision of a portion of Tract 21642. Tentative Tract 24801 was approved for 105 condominium units on eight lots, encompassing ±31.4 acres. PREVIOUS PROJECT DESCRIPTION: Tentative Tract 254:99 is a re -subdivision of 88.5 acres of recorded Tract 21642 for the development of 308 condominium units on 33 lots. The Applicant proposed to construct three unit types as part of this tract map which was: Revised The Galleries 35 units The Legends 145 units The Highlands 128 units Total 308 units PCST.047 1 NOTE: The original tentative tract map approved 409 units, however, the Applicant voluntarily reduced the number to 308 units on May 18, 1990. PREVIOUS ANALYSIS: 1. The Galleries, Legends, and Highlands units were previously approved for development within other tracts in PGA West including Tentative Tract 24801. There are three variations on the Highlands unit type, two which have side - loading garages, and could be permitted a minimum front setback of 15-feet. This however was not requested with the development of this tract. This is consistent with other previously approved unit types with side -loading garages. 2. The Sheriff's Department has its shooting range at the north end of Lake Cahuilla and northwesterly of this project. A condition is proposed which will require the C C & R's for this tract to disclose the existence of this facility to buyers, and a statement to be filed with the Department of Real Estate. This is the same condition that was applied to Tentative Tract 24801. 3. As noted during review of Tentative Tract 24801, this tract shall be required to improve 58th Avenue, though the timing of that requirement has not been agreed upon between the Applicant and the City. Staff consensus is that 58th Avenue improvements should be required with this tract approval, but can be deferred until the final unit map abutting 58th Avenue is submitted for plan check. A condition is proposed to allow this. Until those improvements are in place the Applicant must comply with the Fire Marshal's access and improvement requirements as they affect tract development without 58th Avenue access. INTER -DEPARTMENT REVIEW All Departments were asked to re-examine the Applicant's request for a one year time extension in March. Since we did not receive any written comments for revisions by March 20, 1992, our Staff did not require the project to be advertised in the newspaper or notice the abutting property owners. RECENT PROJECT DEVELOPMENT: Phases 1 through 4 of Tract 25499 were recorded over the last two years. Therefore, a majority of the subject site has been improved with both street improvements and other necessary on and off -site improvements. A copy of the map is attached. The Applicant has applied for the time extension because their original two year approval expired on March 6, 1992. The Applicant filed his request prior to the expiration of the tentative tract map. The Applicant is requesting a one year extension. The only portion of Tentative Tract 25499 which has not recorded is Phase 5 of the tract. Phase 5 is located in the easterly portion of the original tract. TENTATIVE TRACT 27332: The Sunrise Company has just recently gained approval to re -subdivide approximately seven acres of Tract 25499-3 into five lots which would permit 42 single family homers. The subject site is located on the east side of Interlachen, north of Hermitage. Trophy units have been approved for this new project. The PCST.047 2 f?(J{ tentative map was approved by the Planning Commission on March 10, 1992 and by the City Council on March 17, 1992. FINDINGS: Findings supporting this can be found in the attached Planning Commission Resolution 92- CONCLUSION : The tentative tract map extension request is acceptable, subject to the original conditions. The tentative map will expire on March 6, 1993. RECOMMENDATION: Move to adopt Planning Commission Resolution 92- recommending to the City Council approval of Tentative Tract 25499 (Revised), First Extension of Time, subject to conditions. Attachments: 1. Location map 2. Tentative Tract 25499 3. Planning Commission Resolution 92- PCST.047 / z� z, [1 WI �l 1 JI J� a� A CASE No. .0 S-- 4-3 0 U7 S_ N 4- 4- Avenue 54 CASE S- a--) N O (A •r ro TENTATIVE TRACT 25499 Avenue 58 Tentative Tract Map 25499 - Revised 1st Extension of Time Request Sunrise Airport Blvd. 0 MAR 3 , 199Z �D Cf' p U► QUiNTA PLANNING DEPARTMENT ORTN SCALE: rA i S Il O � ' n � r ^� � � R r = 1 I s JACK '41 LAUS PRIVATE COURSE f ,e ILLA p 1 � M� Ej Id QQ Riviera fl � J o 12 Merion 40 roJect t0cd rrdry �0h CASE MAP. CASE No. [-XISTING DF�E.OPMEN-" WITHI uA WEST PROJECT FUTURE GOLF COUR; Existing Galley Units u O (Z7 -Hermi _age 44 '1 North PLANNING COMMISSION RESOLUTION 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT 25499 (REVISED), 1ST EXTENSION OF TIME TO ALLOW THE CREATION OF A CONDOMINIUM SUBDIVISION. TRACT 25499 (REVISED), 1ST EXTENSION OF TIME - SUNRISE COMPANY WHEREAS, on May 1, 1984, the La Quinta City Council certified the EIR for PGA West Specific Plan No. 83-002 (Council Resolution No. 84-28) as adequate and complete, adopting "Statements of Overriding Considerations", adopted "CEQA Findings and Statements of Facts"; and, WHEREAS, the City Council approved the PGA West Specific Plan No. 83-002 (Council Resolution No. 84-31) on May 15, 1984, subject to conditions; and, WHEREAS, on September 20, 1988, the La Quinta City Council did hold a duly -noticed Public Hearing on Amendment No. 1 to Specific Plan 83-002 and, after so doing, did approve said Amendment subject to conditions, and did further certify a supplemental Environmental Impact Report focusing on traffic generation and circulation; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of February, 1990, hold a duly -noticed Public Hearing to consider the request of Sunrise Company to subdivide 88.5+ acres into 33 residential lots for development of 409 condominium units, generally bounded by Avenue 58 on the south, Madison street to the east, All -American Canal on the west, and Airport Boulevard extended on the north; and, WHEREAS, the City Council of the City of La Quinta, California, did, on the 6th day of March, 1990, hold a duly -noticed Public Hearing and approved the Applicant's request to subdivide 88.5+_acres into 33 residential lots for development of 409 condominium units, generally bounded by Avenue 58 on the south, Madison street to the east, All -American Canal on the west, and Airport Boulevard extended on the north, more particularly described as: BEING A SUBDIVISION OF LOTS 1-4, 9-17, AND 28 OF TRACT 21642 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE AS PER MAP RECORDED IN BOOK 202, PAGES 51-61 INCLUSIVE OF MAP IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY CS/RESOPC.034 - 1 - WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of April, 1992, examine the request of Sunrise Company to extend their tentative tract map approval for a one year period pursuant to the City's Subdivision Ordinance provisions. WHEREAS, said tentative map has complied with the requirements of "The Rules to Implement the California Environmental. Quality Act of 1970" (County of Riverside, Resolution No. 82-213, adopted by reference in City of La Quinta Ordinance No. 5), in that the Planning Director has determined that the proposed tentative tract is a part of and is consistent with the overall PGA West Specific Plan, as amended, and is therefore exempt from further environmental review pursuant to California Government Code Section 65457; and, WHEREAS, at said original Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify a recommendation for approval of said tentative tract map extension of time: 1. That Tentative Tract No. 25499, as conditionally approved, is consistent with the PGA West Specific Plan as amended, the goals, policies, and intent of the La Quinta General Plan and the standards of the Municipal Land Division Ordinance. 2. That the subject site is physically suitable for the proposed land division. 3. That Tentative Tract 25499, as conditioned, is consistent with the approval and conditions of Tract 21642, of which the subject tract is a part. 4. The improvements to be required for the development of Tentative Tract 25499 will insure that adequate access, circulation, and public utilities are provided for the health, safety, and welfare of its residents. 5. That the impacts associated with development of Tentative Tract 25499 can be mitigated through the approval conditions imposed upon it, as well as through adherence to those conditions of the PGA West Specific Plan which are applicable. WHEREAS, the Extension of Time request is permitted by the City's Subdivision Ordinance and by the Subdivision Map Act for the State of California. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of` the City of La Quinta, California, as follows: CS/RESOPC.034 - 2 - 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it. does hereby confirm the conclusion that the previous Environmental Impact Reports for the PGA West Specific: Plan, as amended, assessed the environmental concerns of this tentative tract; 3. That it does hereby recommend to the City Council approval of the above -described Tentative Tract Map 25499 (Revised), 1st Extension of Time for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 14th day of April, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: KATIE BARROWS, Chairwoman City of La Quinta, California JERRY HERMAN, Planning Director City of La Quinta, California CS/RESOPC.0346 - 3 - PLANNING COMMISSION RESOLUTION 92- SUNRISE COMPANY TENTATIVE TRACT 25499 (REVISED), 1ST TIME EXTENSION -RECOMMENDED APRIL 14, 1992 GENERAL 1. Tentative Tract Map 25499 (Revised), 1st Time Extension, shall comply with the requirements and standards of the State Subdivision Map Act, the City of La Quinta Land Division Ordinance, and all other City, County, and State applicable laws and ordinances. 2. This tentative tract map approval shall expire on March 6, 1993. 3. The development of the site and buildings shall comply with Exhibit "A" pursuant to the Planning and Development Department's Tentative Tract Map 25499 file as conditionally approved. The following building and site design conditions shall take precedence in the event of any conflicts with the provisions of the tentative tract map or the previously approved unit plans for the Legend, Champion and Highland units. 4. Tentative Tract Map 25499 shall comply with all applicable conditions and requirements of Specific Plan 83-002, "PGA West", as amended and in effect at the time of recordation. GRADING 5. The Applicant shall submit to the City Engineer a grading plan that is prepared by a Registered Civil Engineer, who will be required to certify that the constructed conditions at the rough grade stage are as per the approved plans and grading permit. This is required prior to issuance of building permits. Certification at the final grade stage and verification of pad elevations is also required prior to final approval of grading construction. 6. The developer of Tentative Tract 25499 shall submit a copy of: the proposed grading, landscaping, and irrigation plans to Coachella Valley Water District for review and comment. with respect to CVWD's water management program. CS/CONAPRVL.030 - 1 - Conditions of Approval - TT 25499 March 6, 1990 7. A thorough preliminary engineering geological and soils engineering investigation shall be done and the report submitted for review along with the grading plan. The reports.' recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. Pursuant to Section 11568 of the Business and Professions Code, the soils report certification shall be indicated on the final subdivision map. 8. The developer of Tentative Tract 25499 shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council. and the date of recording of the final map without. the approval of the City Engineer. 9. All utilities will be installed and trenches compacted t City standards prior to construction of any streets. The soils engineer shall provide the necessary compaction test reports for review by the City Engineer. 10. The remaining southerly unsurveyed area will be surveyed during a season when vegetation and irrigation practices allow good ground visibility. This will be accomplished prior to grading for development on this area. Arrangements will be made by the project applicant for a qualified consultant to monitor initial stages of developmental grading operations. In the event archaeological or paleontological resources are discovered during grading, the monitor will be authorized to temporarily redirect grading operations to allow the resource to be assessed and, if appropriate, analyze. DRAINAGE 11. Drainage disposal facilities shall be provided as required by the City Engineer. The Applicant shall comply with the provisions of the City Master Plan of Drainage, including payment of any drainage fees required therewith. Runoff from the 100-year design storm must be retained on -site as required by the City Engineer and subject: to his approval. Applicant is advised that the City Engineer may require drainage release(s) relative to adjacent ownerships. ACCESS/CIRCULATION/STREET IMPROVEMENT 12. The Applicant shall dedicate all necessary public street and utility easements as required by the City Engineer. CS/CONAPRVL.030 - 2 - Conditions of Approval - TT 25499 March 6, 1990 13. The Applicant shall submit street improvement plans for private; streets prepared by a Registered Civil Engineer. Street improvements, including required traffic signs and markings, shall conform to City standards as determined by the City Engineer and adopted by the La Quinta Municipal Code. Street design shall take into account the subgrade soil strength, the anticipated traffic loading, and street design life. All interior private streets shall be a minimum 36-foot curb -to -curb pavement width. 14. The Applicant shall vacate vehicle access rights to 58th Avenue from all abutting individual lots. Access to these streets from this subdivision shall be restricted to approved street intersections only. 15. The Applicant shall construct street improvements for Lots A-1 through H-2 to the requirements of the City Engineer and the La Quinta Municipal Code. All cul-de-sacs shall have a minimum curb radius of 45-feet. 16. Applicant shall submit a tract phasing schedule for Tentative Tract 25499, which shall be subject to review and approval by the Planning and Development Department. Appropriate bonding for design and construction of 58th Avenue shall be provided as required by the City. Design and construction may be deferred until required by the City, if consistent with approved tract phasing. Applicant responsibility with regard to Tentative Tract 25499 shall be determined by the City Engineer and subject. to the following: a. Applicant shall design and construct street improvements for 58th Avenue, along the PGA West frontage, to a 3/4-width, including median island and transitions, to the requirements of the City Engineer and the La Quinta Municipal Code. These improvements may be deferred to recordation of the unit map which abuts 58th Avenue, if appropriate to and consistent with phasing for Tentative Tract 25499. b. All utilities along 58th Avenue adjacent to Tentative Tract 25499 shall be undergrounded to the standards of the respective utility districts/agencies. The City Engineer shall determine the extent of the Applicant's responsibility for this requirement. C. Applicant shall have prepare a centerline 100-foot intervals, C:ahuilla to Madison drainage planning an 58th Avenue. a registered civil engineer profile, and cross sections at of 58th Avenue from Lake Street to aid long range d design for this segment of CS/CONAPRVL.030 - 3 - Conditions of` Approval - TT 25499 March 6, 1990 17. Applicant shall make provision for interim secondary access, in accordance with the Fire Marshal's and the City Engineer's requirements. PUBLIC SERVIC:ES AND UTILITIES 18. Fire protection shall be provided in accordance with the requirements of the Municipal Code and the City Fire Marshal., as follows: a. Schedule A fire protection approved Super fire hydrants (6"X4"X2-1/2"X2-1/2") shall be located one at each street intersection spaced not more than 330 feet apart in any direction with no portion of any frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 2,500 GPM for two hours duration at 20 PSI. b. Prior to recordation of any final map, applicant/ developer shall furnish one blueline copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with 'the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." C. The required water system, including fire hydrants, shall be installed and accepted by the appropriate ,rater agency prior to any combustible building material being placed on any individual lot. d. A minimum of two access roads shall be installed and maintained at all times during project phasing: 1..) Prior to the final building inspection of the first unit, an alternate access road to 58th Avenue shall be constructed. 2.) Street Lots "C-1, C-2" (Jack Nicklaus) shall be extended to connect to an existing improved and maintained street. 19. The Applicant shall comply with the following requirements of the Coachella Valley Water District: a. The developer shall obtain an encroachment permit from the Coachella Valley Water District prior to any construction within the right-of-way of the Coachella Canal. This includes, but is not limited to, surface improvements, drainage inlets, landscaping, and roadways. CS/CONAPRVL.030 - 4 - Conditions of Approval - TT 25499 March 6, 1990 b. The Applicant shall provide and dedicate to the District any land needed for the provision of additional facilities, including, but not limited to, sites for wells, reservoirs, and booster pumping stations. These sites will be dedicated in accordance with the requirements of CVWD and the provisions of the Subdivision Map Act. C. The Applicant shall resolve any potential conflict(s) with existing District facilities prior to any approvals for development permits being issued. Verification of CVWD authorization shall be submitted prior to any permit issuance. d. The area is within Improvement District No. 1 of the Coachella Valley Water District for irrigation water. service. Water from the Coachella Canal is available to the area. The developer shall use this water for golf course and landscape irrigation. SITE/BUILDING: DESIGN 20. The following setback criteria shall be applied to site design: a. A minimum front yard setback of 20 feet shall be required on all residential dwelling units in the project, except for the "Legend" (Plan 40), which is permitted to have a 15-foot setback to accommodate an accessory golf cart storage structure; and the "Galleries" and "Highlands" (units H-1 and H-2 type), which may have a 15-foot setback for side -entry garages. b. A► minimum setback of 10 feet between any building and/or building complex shall be required on all residential units. All buildings shall maintain a minimum of five (5) feet from any interior side property line, ten (10) feet on corners. 21. The Applicant shall comply with the recommendations of the completed noise analysis for "PGA West". Interior building design measures established in the noise analysis shall be incorporated into the unit plans submitted for plan check and shall be verified by the Building Official prior to permit issuances. CS/CONAPRVL.030 - 5 - Conditions of Approval - TT 25499 March 6, 1990 22. The Applicant shall submit detailed landscaping plans for all common areas within Tentative Tract 25499. (Landscaping in individual unit courtyard or other enclosed areas may be installed at the developer's discretion, but shall conform to CVWD and Riverside County Agricultural Commission Office requirements.) Final approval of all common area landscaping shall be given by the Planning and Development Department and shall be inspected by the City prior to or at time of building final. 23. Prior to submittal of landscaping plans as required in Condition 22, the applicant/developer shall: a. Secure the Agricultural Commissioner's approval for landscaping material to be used within the development. b. Secure the CVWD review of the grading, landscaping, and irrigation systems. MISCELLANEOUS 24. The City formed a City-wide Landscaping and Lighting District in 1988. The perimeter landscape lots in this subdivision will be added to the District assessment roll when the final map is recorded. The annual assessment for each lot will be based on a benefit basis as required by law. 25. The developer of Tentative Tract 25499 shall disclose the following information to those buyers of units located within Tract 25499: "'The Riverside County Sheriff's Department operates its shooting practice and qualifying range on the north side of Lake Cahuilla, approximately 1,700 feet from the westerly boundaries of Lot 1 of Tract 25499 (in the southeast quarter of the northwest quarter of Section 20, T6S, R7E, S.B.B.& M.). This range is used for monthly practice and quarterly qualifying sessions, and is also used by various other. Coachella Valley agencies. For more specific information, contact: Riverside County Sheriff's Department, 46-057 Oasis Street, Indio, CA 92201, (619) 342-8800." This information (or similar wording) shall be disclosed through an amendment to the purchase agreement of the affected units. The amendment shall be signed as "Received and Read" by the prospective buyer. CS/CONAPRVL.030 - 6 - Conditions of Approval - TT 25499 March 6, 1990 26. Prior Ito any permit issuance for the 58th Avenue entry gates/guardhouse, plot plan approval must be obtained from the Planning and Development Department for access and design of the proposed gates and guardhouse. 27. Applicant shall execute appropriate easements for golf course access paths between structures, across residential street lots, etc., to allow for maintenance access of the golf course areas from the existing 58th Avenue maintenance facility. A key map, with all access easement locations shown, shall be provided for review by the Planning and Development Department prior to recordation of the easement instrument(s). 28. Any minor changes in the Tentative Tract Map including, but not; limited to, unit locations, unit orientation, unit mix changes (provided such changes do not result in an increase in the approved Tract unit quantity), exterior building color changes, changes in lot lines, lot shape modifications, changes in lot dimensions and street alignment alterations shall be subject to the approval of the Planning Director. Such approval shall not include any multi -story units. All changes shall be deemed compatible with approved unit designs, and shall be consistent with the overall character of the project. CS/CONAPRVL.CI30 - 7 - CC MINL7T1ES PLANNING COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78-105 Calle Estado, La Quinta, California March 24, 1992 7:00 P.M. I. CALL TO ORDER A. The meeting was called to order at 7 : 00 P.M. by Chairwoman Barrows . The Flag Salute was led by Commissioner Ladner. 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, and Department Secretary Betty Anthony. III. PUBLIC HEARINGS A. Tentative Parcel Map 27131; Consideration of an appeal by Mr. John Megay and Mr. Frank Goodman of the Planning Director's approval which subdivides 104+ net acres into four parcels and remainder parcel. 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. There being no questions of Staff, Chairwoman Barrows opened the Public Hearing. Mr. Tom Thornburgh, applicant, gave a detailed report on the evolution of the project. 3. Mr. Frank Goodman, Bermuda Dunes Community Council and resident, stated his objection to the project as no Environmental Impact Report had been completed on the project. Further he felt it was not exempt from the CEQA requirement and was thus an illegal subdivision. The project is not consistent with the prior zoning and there had been boundary changes. He went on to discuss the existing land that is already zoned commercial and the number of existing apartment complexes in the vicinity. 4. Mr. John Megay, Committee for the Environmental Preservation of Bermuda Dunes, California, stated his objections in addition to those stated above primarily this was a subdivision and not a parcel map. PC3-24 1 Planning Commission Minutes March 24, 1992 5. Mr. G. A. Holmes, Desert Breezes property owner, stated that none of the property owners in this complex had been notified of the prezoning public hearings and they requested time to consider the proposal before rendering an opinion. He expressed his concern having to deal with three governmental agencies (Indian Wells, Riverside County, and La Quinta) regarding development in the area. He further stated that high density and commercial were inconsistent with the present conditions. 6. Mr. Dan Millington, Palm Royale property owner, discussed the changes that had taken place since moving here and the amount of increased traffic. He expressed concern relative to the new elementary school in the area and the increased traffic. 7. There being no further comment, Chairwoman Barrows closed the Public Hearing and opened the matter for Commission discussion. 8. Chairwoman Barrows asked Staff to clarify the public hearing noticing process. Staff explained that with any public hearing notices are mailed out ten days in advance of any hearing and are mailed to those property owners who the applicant has supplied addresses for. These addresses are usually obtained from a title company for everyone within 300 feet of the proposed project. 9. Commissioner Mosher asked for clarification of what the Commission was being asked to act upon. Planning Director Jerry Herman stated that the matter before the Commission was the appeal of his decision which approved the parcel map. All zoning and other land use matters were approved in 1991 during the annexation process. 10. Discussion followed regarding the noticing process. Commissioner Ellson asked if an EIR would be required in the future. Planning Director Jerry Herman stated this could not be determined until a project was submitted. He went on to explain how a project could require an EIR . 11. Commissioner Mosher inquired if public hearings will be held when the commercial project is submitted. Staff stated that as the project develops it will come before the Planning Commission and probably City Council for public hearing. 12. Chairman Barrows stated that for those who spoke regarding their concern for commercial uses proposed in this area, that during the public hearing process it would help to have their input to design the best use for this project. She further stated that the Commission wrestled with this project when it was proposed and did decrease the amount of Commercial and it was PC3-24 Planning Commission Minutes March 24, 1992 overturned by Council. 13. Commissioner Mosher expressed his agreement with Chairwoman Barrows regarding the project and encouraged the property owners to participate during the public hearing process. 14. Discussion followed between the Commission and Staff regarding the notification process and making sure to obtain current property owners. 15. There being no further discussion, it was moved by Commissioner Mosher and seconded by Commissioner Marrs to adopt Minute Motion 92-012 denying the appeal. Unanimously approved B. Tentative Tract 23519, Minor Change #1, Second Extension of Time; a request of Santa Rosa Developers for a one year extension of time. 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. There being no questions of Staff, Chairwoman Barrows opened the Public Hearing. Mr. Brian Esgate, applicant, spoke on behalf of the request. 3. There being no further comment, Chairwoman Barrows closed the Public Hearing. 4. There being no comment by the Commission, Commissioner Ladner moved and Commissioner Ellson seconded a motion to adopt Planning Commission Resolution 92-011 approving the one year extension of time. ROLL CALL VOTE: AYES: Commissioners Mosher, Ladner, Ellson, Marrs, & Chairwoman Barrows. NOES: None. ABSENT: None. ABSTAINING: None. V . PUBLIC COMMENT: - None VI. BUSINESS SESSION A. Specific Plan 84-003, (Amendment #2); a request of Cusack Radaker Development Company, Inc. for approval of a one year extension of time for a specific plan which allows an 86 room hotel (The Orchard) on 37.5± acres. PC3-24 3 Planning Commission Minutes March 24, 1992 1. Planning Director Jerry Herman presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Mr. Byron Radaker, applicant addressed the Commission on the status of the project and the reason for the time extension request. 3. Commissioner Ellson asked if the original plans would be developed. Mr. Radaker stated at the present time this was their plan. Discussion followed as to which parcels were being developed. 4. Mr. Cary Lohman, representative of the applicant, asked if he could go on record as clarifying two of the Conditions of Approval. He stated Condition #29 had been met and Condition #28 regarding the landscaping plans had been approved. Staff stated and noted his comments, but stated the project would be reviewed again as the Design Review Board did not exist at the time of the project approval. 5. There being no further comment, Commissioner Ladner moved and Commissioner Mosher seconded a motion to adopt Minute Motion 92-013 approving the one year extension of time. Unanimously approved. B . Minor Temporary Outdoor Event 91-032; a request of Judi Combs, Thunderbird Artists for approval of a time extension for her art shows. 1. Planning Director Jerry Herman presented the information contained in the letter of request, a copy of which is on file in the Planning and Development Department . 2. Commissioner Ellson asked if any changes could be made to the Conditions of Approval. Staff stated they could not be done at this time. 3. There being no further questions, it was moved by Commissioner Mosher and seconded by Commissioner Ellson to adopt Minute Motion 92-014 approving the time extension for MTOE 92-032. Unanimously approved. VII. CONSENT CALENDAR A. Commissioner Ellson asked that the Minutes of March 10, 1992, be amended on Page 4, under Business Item A, #3 to show the spelling of Mr. Rover's first name as "Vin" . There being no other corrections, Commissioner Marrs move and Commissioner Ellson seconded a motion to approve the Minutes of the regular meeting of March 10, 1992, as corrected. Unanimously approved. PC3-24 4 Planning Commission Minutes March 24, 1992 VIII. OTHER - None IX. ADJOURNMENT A motion was made by Commissioner Mosher and seconded by Commissioner Ellson to adjourn this regular meeting of the Planning Commission to a regular meeting on April 14, 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 8:12 P.M. , March 24, 1992. PC3-24 TO: HONORABLE CHAIRWOMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: APRIL 14, 1992 SUBJECT: FRONT YARD FENCING IN THE R-1 ZONED AREAS BACKGROUND: The present R-1 Zone District provisions do not address front setbacks and heights for walls or fences. Fencing is addressed in Chapter 9.204 of the Municipal Zoning Code ( see attached Code provisions) . In this section, staff would interpret the Code to allow a six foot high wall anywhere within the front yard area of the lot (from property line to the home) . In the R-1 Code, the front yard is the front 20 feet of the lot. There has been some outside interest to re-examine this issue since the Code is unspecified at this time. The issue of walls/fencing and heights of walls was examined by the City in 1990, when the City initiated a change to the SR (Special Residential) Code. The Cove properties were affected by this action. The present SR Code addresses front yard walls and fences (masonry only) as follows: "Height/Location: Fencing in the front and street side yards shall be limited as follows: Setback 0' - 10, Fence Height 4' maximum 10.1' or more 5' maximum (Note: height of swimming pool fencing in front yards is controlled by State Code and is exempt from the above regulations. Corner setback regulations, per Chapter 9.204 must be complied with. Perimeter fencing around tracts may be 6-feet in height and constructed on property line.)" MEMOGT.017 ANALYSIS: The SR Code Standards are typical for some cities and counties of California. A four foot high wall is high enough to keep small pets and young children in the yard without constant supervision, but low enough for crime prevention needs. A five foot high privacy fence could be located +10 feet from the front property line if the owner desired additional privacy beyond the four foot height. Another issue that the Planning Commission might want to consider is the type of material to be used for a front yard fence or wall. Staff recommends allowing materials like masonry, wrought iron, stucco, but discourage wood or chain link fencing. The latter two items are not as attractive as ornamental fencing, and usually involves more maintenance particularly if wood. PROPOSED OPTIONS: Alternative #1: Leave the existing Zoning Code alone. Alternative #2: Examine a change in the present R-1 Zoning Code using similar standards to the SR District Standards. Alternative #3: Examine a change in the present Zoning Code using similar standards to the SR District Standards for non -gated communities but allow flexibility for private communities. In a gated community, a Homeowner's Association usually governs the aesthetics issues of its residence. There might be some merit to allow private communities more flexibility in determining wall heights in their projects since the facilities are usually gated and have their own on -site security. For example, depending on the design of the home, a five foot high wall on the front yard property line may make more sense for privacy needs. RECOMMENDATION: Staff would recommend that the Planning Commission direct Staff to evaluate the merits of changing the existing R-1 Code Standards for front yard fencing if the Planning Commission believes the existing code is adequate. Attachments: Chapter 9.204 (Walls, Fences & Landscaping) Chapter 9.32 (R-1 Zone) MEMOGT.017 9.200.030 relating to such recreati'boal vehicle use. (Ord. 30 SI (part,)), 1983: Ord. 5 Sl(pa ), 1982: county Ordinance 348 S18 SKI (a) ) °"%, 9.2' .030 Permit procedure." A. Application. Prior to moving Nhe vehicle onto the site, the owner of the prop- erty or these vehicle shall obtain a "t porary use license" from the city 4epartment of community d elopment. The ap- plication shall Unclude the following inf ation. 1. Add�i�ss of dwelling where vehi a will park. 2. Name id address of vehicle owne user. 3. Number '%,f persons habitating vehic 4. Authoriz ion of resident and/or prop'ar,ty owner permitting the temporary use. 5. Description�nake, model, year and color)'"%.4nd license number of vehicle.N 6. Location on the* of where vehicle will park. B. Permit. After reviewf the application by the appr iate city staff, a permit,,pay be granted for a period not toxceed fourteen consecutive days. False, fraudulent or misle ng information on the aiji.cation is grounds for denial. T +Q permit shall be display in open view on the vehicle. S, C. Fees. "'a,A nonrefundable fee of bhp dollars is required at the'!Vie of application. D. Revocatio?t%of Permit. A permit cai'�be revoked if it is determined by � e city that the use as nducted is creating a nuisance or 'n violation of the muni 'pal codes. The vehicle shall be rem ved from the premises w hin twen- ty-four hours of issuance f the notice of revocat %n. E. Enforcement. The hicle shall cease being"sed for temporary habitation and removed from the prope� upon expiration or revocation o the permit, otherwise i shall be in violation of this ti e. Every day that a vio. lation continues to exist, shall b deemed a separate vio- lation subject to criminal prosecution or other appropriate legal action. (Ord. 30 S1(part), 1983: Ord. 5 S1(part), 1982: county Ordinance 348 518.41(b)) Chapter 9.204 WALLS, FENCES AND LANDSCAPING Sections: 9.204.010 Generally. 9.204.020 Height standards. 9.204.030 Protection of intersection visibility. 9.204.040 Method of height measurement. 9.204.050 Reconstruction. - 9.204.060 Measurement of retaining walls. 186-152 (La Quinta 6/87) 9.204.010--9.204.040 9.204.010 _ Generally. No person shall erect a fence or wall or visual obstruction, or permit the growth of a hedge or landscaping, on a residentially zoned lot, which is in violation of any of the provisions set out in this chapter. (Ord. 32 §1(part), 1983: Ord. 5 §1(part), 1982: county Ordinance 348 §18.40(part)) 9.204.020 Height standards. Except as provided in Section 9.204.030, walls or fences not exceeding six feet in height shall be permitted in all side, rear and front yards and along all property lines, excepting the corner cutback areas. (Ord. 32 51(part), 1983: Ord. 5 §1(part), 1982: county Ordinance 348 §18.40(a)) 9.204.030 Protection of intersection visibility. The following regulations shall apply regarding corner lots at the intersections of streets. A. There shall be no visual obstructions as herein defined within the corner cutback area. The corner cutback area is hereby defined as the triangular area created by a forty -five -degree angle line on a horizontal plane connect- ing two points on intersection property lines as shown on Exhibit "A." B. In the corner cutback area, visual obstructions are hereby defined as any wall, fence, obstacle, mature land- scaping or anything allowed, installed, set out or main- tained which exceeds a height of three and one-half feet above the joining top of curb at the applicable corner of the street intersection, or three feet above the nearest pavement surface where there is no curb, or the existing traveled roadway where there is no curb or pavement. C. Exceptions. Visual obstructions shall not include existing or future permanent buildings, which are otherwise constructed or maintained in accordance with applicable zon- ing and building regulations; public utility poles, trees trimmed at the trunk at least eight feet above the level of the reference point as defined herein provided trees are spaced so that trunks do not create a visual barrier, and official traffic or other governmental signs. D. In residential zones, the corner cutback area shall consist of a triangular area created by the diagonal con- nection of two points measured twenty feet back from the intersection of the prolongation of the property lines abut- ting the two streets. (Ord. 32 §1(part), 1983: Ord. 5 §1(part), 1982: county Ordinance 348 §18.40(b)) 9.204.040 Method of height measurement. The height of walls, fences, hedges and landscaping, as permitted, shall be measured from finish grade as defined in Chapter 70 of the Uniform Building Code. In cases where finish grade varies from one face to the other of a wall or fence, the height shall be measured from the lowest point of finish 186-153 (La Quinta 6/87) 9.204.050--9.208.010 grade. In the event that practical difficulties and hard- ships result from the strict enforcement of these regu- lations due to grade problems of abutting street, slope of property, or other site conditions, the applicant requesting a building permit may apply for a variance as provided for in Chapter 9.168 of this title. (Ord. 41 Sl, 1983: Ord. 32 §1(part), 1983: Ord. 5 Sl(part), 1982: county Ordinance 348 §18.40(c)) 9.204.050 Reconstruction. Notwithstanding any pro- vision of Chapter 9.152 to the contrary, any fence, wall, hedge or landscaping which is destroyed or damaged to the extent of more than fifty percent of its total replacement value, may not be reconstructed, repaired, rebuilt or rees- tablished. For purposes of this section, the portion there- of, which is in a corner cutback area shall be considered separately from the rest of any fence, wall, hedge or land- scaping to which it is or was attached. (Ord. 32 51(part), 1983: Ord. 5 51(part), 1982: county Ordinance 348 518.40 (d)) 9.204.060 Measurement of retaining walls. As an ex- ception to the provisions of Section 9.204.040, in cases of retaining walls on the boundaries of lots, where the finish grade varies from one face to the other of such wall, the height of such wall may be increased so as to provide a wall height of not more than forty-two inches above the higher point of finish grade, where necessary in order to provide "guardrail" protection as to the lot with the higher finish grade. (Ord. 42 §2, 1983: Ord. 32 51(part), 1983: Ord. 5 51(part), 1982: county Ordinance 348 §18.40(e)) Chapter 9.208 HOME OCCUPATIONS Sections: 9.208. 0 Compliance quired. 9.208 20 Criteria d conditions. 9.2 .030 Applica on. 9. 8.040 Filing�,� ees . 9+:208.050 Review and investigation..' ''`�9.208.060 Finality of decision of,,.director. �° 9.208070 Appeal. 9.208:080 §,,rinality of decision.,,,of commission. �/) " 9.208.090,,' Notification of license department.:°'' 9.208.1t1 Annual review. t 9.20 .010 Compliance r uired. A home oc pation as defined,, n Section 9.08.470 ay be engaged in 'rovided that 186-154a Quinta 6/87) 9.32.010 B. OIKOdoor advertJ'pfng displays, eaX outdoor vertisin display sha be at least five hundred fi t from any of r such displ, . (Ord. 5 Sl (p t) , 1982 -,/"*county Ordi*ce 348 55.25) ".1° Cha tp er 9.32 R-1 ZONE (ONE -FAMILY DWELLINGS) Sections: 9.32.010 Permitted uses. 9.32.020 Development standards. 9.32.010 Permitted uses. A. The following uses shall be permitted in the R-1 zone: 1. One -family dwellings. 2. Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propa- gation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to sale of the products. 3. The noncommercial keeping of horses on lots not less than twenty thousand square feet in area and one hun- dred feet in width, provided they are kept not less than one hundred feet from any street and twenty feet from any prop- erty line. A maximum of two horses per twenty thousand square feet and, in any event, not more than four horses on a lot will be permitted. If a lot is one acre or more in area, poultry and rabbits may be kept for the use of the occupants of the premises only. The poultry and rabbits shall be kept in an enclosed area located not less than fif- ty feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. If a lot is two acres or more in area, two sheep or goats or combination thereof may be kept in addition there- to, provided they are kept not less than one hundred feet from any street, twenty feet from any property line and fif- ty feet from any residence. 4. Public parks and public playgrounds, golf courses with standard length fairways, and country clubs. 5. Home occupations. 6. Planned residential developments, provided a land division is approved pursuant to the provisions of county Ordinance 460 and the development standards in Sec- tion 9.148.010 of this title. B. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Chapter 9.180: 186-32 (La Quinta 6/87) 9.32.020 1. Beauty shops operated from a home by its inhab- itants where no assistants are employed and the on -site sign is unlighted and does not exceed two square feet in area. 2. Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event. 3. Nurseries, horticultural. (Ord. 5 51(part), 1982: county Ordinance 348 56.1) 9.32.020 Development standards. The following stan- dards of development shall apply in the R-1 zone, except that planned residential developments shall comply with the development standards contained in Section 9.148.010 of this title: A. Building height shall not exceed two and one-half stories, with a maximum height of thirty-five feet. B. Lot area shall be not less than seven thousand two hundred square feet. The minimum lot area shall be de- termined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. C. The minimum average width of that portion of a lot to be used as a building site shall be sixty feet with a minimum average depth of one hundred feet. That portion of a lot used for access on "flag" lots shall have a minimum width of twenty feet. D. The minimum frontage of a lot shall be sixty feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty-five feet. E. Minimum yard requirements are as follows: 1. The front yard shall be not less than twenty feet, measured from the existing street line or from any future street line as shown on any specific plan of high- ways, whichever is nearer the proposed structure. 2. Side yards on interior and through lots shall be not less than ten percent of the width of the lot, but not less than three feet in width in any event, and need not exceed a width of five feet. Side yards on corner and re- versed corner lots shall be not less than ten feet from the existing street line or from any future street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, ex- cept that where the lot is less than fifty feet wide the yard need not exceed twenty percent of the width of the lot. 3. The rear yard shall not be less than ten feet. F. Automobile storage space shall be provided as re- quired by Chapter 9.160 of this title. (Ord. 5 51(part), 1982: county Ordinance 348 56.2) 186-33 (La Quinta 6/87)